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Agenda 01-03-06 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA January 3, 2006 Jerry Taylor Mayor - At Large Janet M. Prainito City Clerk u z . S Bob Ensler Commissioner - District I Mack McCray Commissioner - District II Mike Ferguson Commissioner - District III Carl McKoy Vice Mayor - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI www. boynton-beach. org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). CITY OF BOYNTON BEACH REGULAR CITY COMMISSION MEETING AGENDA January 3, 2006 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Reverend Rick Riccardi - Police Chaplain C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None B. Community and Special Events: 1. Heritage Festival - February, 2006 -- Month-long celebration of Slack History Month that informs the public of the ties that bind the African- American community together through the enjoyment of arts, education and pride in African-American accomplishments and heritage - Weekends in February. C. Presentations: 1. Proclamations: a. Dr. Martin Luther King, Jr. Day - January 16, 2006 2. Presentation of Commendation awarded to Mr. & Mrs. Charles Hardy for their work and efforts with the City's Community Emergency Response Team Program (CERT) 3. Presentation of Award for Dedicated Service to Reverend Anthony Reed, Pastor of St. Paul AME Church 4. Status report on Wilson Center Construction Project - Wilfred Hawkins & Wally Majors 1 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 IV. PUBLIC AUDIENCE: INDIVIDUAL 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 Expiration Date IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 (2) III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 (2) Mayor Taylor Cemetery Board Alt 1 yr term to 4/06 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06 IV McKoy Code Compliance Board Alt 1 yr term to 4/06 (2) Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06 III Ferguson Library Board Alt 1 yr term to 4/06 IV McKoy Veterans Advisory Commission Alt 1 yr term to 4/06 IV McKoy Employees' Pension Board Reg 3 yr term to 4/08 (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference - December 2, 2005 2. Regular City Commission Meeting - December 6, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 1. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" Bid #009-2110-06/JA, to Staffing Connections/Action Labor, for an estimated annual expenditure of $261,000.00. (Proposed Resolution No. R06-001) 2. Award the "CO-OP CHEMICALS AND FERTILIZER" Bid #016-1411-06/0D to various vendors based on the lowest, most responsive, responsible bidders who meet all specifications, with an estimated expenditure of $134,152.48 3. Approve the "Surplus Vehicle/Equipment List" consisting of 47 items as submitted by Public Works/Fleet Maintenance and allow for sale of same 4. Rescind the contract of "DESIGN & CONSTRUCTION ADMINISTRATION SERVICES FOR THE FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH", RFP#019-2413- 03/KR that was approved by Commission on May 6, 2003 to Systech group, Inc. of Reston, VA. Action will save City $16,200. C. Resolutions: 1. Proposed Resolution No ROG-002 Re: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with James and Grace Broz for the property at 4840 Palo Verde Dr., Boynton Beach, FL. (Cypress Creek Dev. (UNREC) TH PT OF N 1/2 K/A LT 108) 2. Proposed Resolution No. R06-003 Re: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Marlaine Jean Baptiste for the property at 1043 Oleander Rd. Lake Worth, FL. (Hypoluxo Ridge Add 2 L T 42). 3. Proposed Resolution No. R06-004 Re: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Nancy E. Farrell for the property at 1214 Peak Rd., Lantana, FL. (Ridge Grove Add No 1 LOT 245). 4. Proposed Resolution No. ROG-OOS Re: Approving and authorizing execution of the Scope of Services (Appendix A) for the 2006- 07 Fire Assessment Work Plan with Government Services Group, Inc., at a cost not to exceed $25,300. 5. Proposed Resolution No. R06-00G Re: Approving and authorizing execution of the Traffic Enforcement Agreement between the City of Boynton Beach and Crystal Key Home Owners Association. 6. Proposed Resolution No. R06-007 Re: Approving the execution of seven contracts for services for Community Development 3 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 Block Grant (CDBG) sub-recipients previously approved for funding on August 2, 2005. 7. Proposed Resolution No. R06-008 Re: Approving the State Housing Initiatives partnership (SHIP) Program Local Housing Assistance Plan (LHAP) to increase the disaster assistance and insurance deductible funding award for the income eligible household to $10,000 for very low, low, and moderate income households. 8. Proposed Resolution No. R06-009 Re: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Gloria A. Camacho & Blanca R. Camacho for the property at 3810 Wall Street, Delray Beach, FL (Unincorporated Palm Beach County) 9. Proposed Resolution No. R06-010 Re: Approving the payment of $30,081.30 to ERSI, Inc. from the GJ.s. account for annual software support 10. Proposed Resolution No. R06-011 Re: Approving the reclassification of the Office Assistant Senior position in the City Manager's Office to an Administrative Secretary position 11. Proposed Resolution No. R06-012 Re: Approving and authorizing the execution of Amendment 1 - Task Order R04-1O-002 in the amount of $135,430 to Kimley-Horn and Associates, Inc. for additional services for Wilson Park Center and Park 12. Proposed Resolution No. R06-013 Re: Accepting the Animal Services Contract for certain Animal Care & Control services 13. Proposed Resolution No. R06-014 Re: Approving and executing the five-year extension of the u.s. LEC, INC. agreement for long distance service for the City with an estimated annual expenditure of $20,000. Service will provide consolidation and cost savings of approximately $l,OOO/mo. 14. Proposed Resolution No. R06-01S Re: Authorizing the execution of a Consent Order with the Florida Department of Environmental Protection for a force main break at 3925 West Boynton Beach Boulevard - OGC File No. 04-1904 15. Proposed Resolution No. ROS-191 Re: Authorizing execution of an agreement for Traffic Enforcement between the City of Boynton Beach, FL and Nautica Homeowner's Association, Inc. (Tabled on 11/15/05) 4 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 16. Proposed Resolution No. R06-016 Re: Allowing the consideration of a second time extension to NOI #2005-01 for the study of the M-1 zoning district 17. Proposed Resolution No. R06-017 Re: Granting a utility easement to Florida Power and Light Company to provide underground electrical service to new Fire Station No. 2 on Woolbright Road D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Ocean Breeze West (NWSP 05-030) Request for site plan approval to construct 37 fee-simple townhouse units, recreation amenities and related site improvements on 3.44 acres in the Multi-family Residential (R-3) zoning district. F. Return cash bond of $1,100.00 to Codina Construction Corp. for the project known as The Watershed G. Accept the written report to Commission of purchases up to $100,000 for the period of October 24 through November 22, 2005 H. Accept the written report to Commission of purchases over $10,000 for the month of November 2005 I. Approve the "WATERSIDE VILLAGE P.U.D. Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper) VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve the adjusted and agreed upon damages resulting from sewer backup to residence of Dawn Morgan in Boynton Beach, FL in the amount of $30,749.28 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 A. Project: Rapido Rabbit Carwash (COUS 05-004) (APPUCANT HAS REQUESTED POSTPONEMENT TO THE 1/17/06 MEETING - STAFF RECOMMENDS ESTABLISHING A DATE CERTAIN TO CONCLUDE REVIEW OF THE APPUCA TION FOR CONDITIONAL USE AND SITE PLAN) Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc. 5 Agenda Regular City Commission Meeting Boynton Beach, Florida Owner: Location: Description: B. Project: Agent: Owner: Location: Description: c. Project: Agent: Owner: Location: Description Description: January 3, 2006 Boynton Properties, LLC, Anthony Pugliese III East side of Congress Ave; approx. 275 feet north of SW 30th Ave. Request for Conditional Use and Site Plan approval for a 4.595 square foot automated car wash facility and related site improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled on 12/06/05) Gulfstream Gardens Phase II (ANEX 05-004) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and Howard Britt One quarter mile north of Gulfstream Blvd, between Federal Highway and Old Dixie Highway Request to annex a 3.166 acre portion of a 5.47 acre project (Tabled on 12/6/05) (1st Reading of Proposed Ordinance 06-001 ) Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and Howard Britt One quarter mile north of Gulfstream Blvd, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LCR) and Commercial High Intensity (CH) (Palm Beach County) to Special High Density Residential (SHDR) (Tabled on 12/6/05) (1st Reading of Proposed Ordinance 06-002) Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) (Tabled on 12/6/05) (1st Reading of Proposed Ordinance 06-003) Proposed Use: Phase II of a multi family residential development. 1. Gulfstream Gardens Phase II (NWSP 05-028) Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47 acre parcel in the Planned Unit Development (PUD) zoning district. D. Project: Agent: Owner: Location: Description: E. Project: Agent: Owner: Location: Description: Palm Cove (ANEX 05-005) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402-acre project (1st Reading of Proposed Ordinance No. 06-004) Palm Cove (LUAR 05-014) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium 6 Agenda Regular City Commission Meeting Boynton Beach, Florida F. Project: Agent: Owner: Location: Description: January 3, 2006 Residential-5 and Commercial High/5 (County) to Special High Density Residential (1st Reading of Proposed Ordinance No. 06-005) Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development (1st Reading of Proposed Ordinance No. 06-006) Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park"; thence east, along the north right-of-way line of Miller Road, a distance of 450 feet (1st Reading of Proposed Ordinance No. 06-007) 1. Palm Cove (NWSP 05-031) Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. G. Project: Agent: Owner: Location: Description: 401 North Dixie (Olsson Property) (LUAR 05-013) Jack White Mildred Martin 401 North Old Dixie Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Low Density Residential (1st Reading of Proposed Ordinance No. 06-008) Request to rezone from C-3 Community Commercial to R-1 Single Family Residential (1st Reading of Proposed Ordinance No. 06-009) H. Proposed Use: Maintain existing single-family home. Project: Agent: Owner: Location: Description: Happy Homes Heights (Ballard) (ZNCV 05-008) Kevin Ballard Prime Property of the Palm Beaches 133 NE 12th Avenue Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet, to allow a minimum lot area of 5,429 square feet, a variance of 571 square feet for a proposed single-family residence within the R-2 single and two-family zoning district I. Approval of a Special Warranty Deed conveying title to Kathleen Thicklin for CHERRY HILLS, BOYNTON, Lots 269 and 270. This real property described under tax certificate number 11049 in the tax deed recorded in Official Record Book 12021, page 1986, public records of Palm Beach County, Florida (Proposed Resolution No. R06-018) 7 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 IX. CITY MANAGER'S REPORT: A. Analysis of Water Capital Improvement Fees X. FUTURE AGENDA ITEMS: A. Placement of quasi-judicial items on agenda - 01/17/06 B. Report on City's potential help and other governmental entities for "at-risk" citizens during declared emergencies - February 2006 C. Update on City's position on minority contracts - February or March 2006 D. Requirement for underground utility lines for all new development - April 2006 E. Amend the Parks Dedication Code ordinance to modify the review time line - February 2006 F. Presentation of Pay Plan recommendations (1/17/06) G. Development of performance criteria for City Manager's Evaluation (Feb. 2006) H. Capital Improvement Budget Review - February 2006 1. Follow-up on CRA/Commission Planning Workshop - 01/17/06 XI. NEW BUSINESS: A. Standards for placement of FEMA trailers on private property. (Tabled on 12/6/05) 1. Proposed Ordinance No. 05-073 RE: Approving the declaration of a local "Housing Emergency," with a means of allowing for the temporary placement of FEMA travel trailers and mobile homes on private property in the City. (Tabled on 12/6/05) XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-066 Re: Requesting abandonment of a portion of a 20 foot right-of-way west of North Federal Highway abutting the Federal East Coast Railway (Spotts Abandonment) 2. Proposed Ordinance No. 05-070 Re: Requesting to amend the Comprehensive Plan Future Land use Map from High Density 8 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 Residential (HDR) and Low Density Residential (LDR) to Special High Density Residential (SHDR) (Estancia @ Boynton Beach) 3. Proposed Ordinance No. 05-071 Re: Requesting to rezone from Planned Unit Development (PUD) and R-1-AA Single Family Residential to Infill Planned Unit Development (IPUD) (Estancia @ Boynton Beach) a. Estancia @ Boynton Beach (NWSP 05-026) Request for new site plan approval to construct 30 townhouse units and related site improvements on 2.65 acres to be rezoned Infill Planned Unit Development (IPUD) B. Ordinance - 1st Reading 1. Proposed Ordinance No. 06-010 Re: Approving abandonment of a portion to North Circle Drive (aka NE 17th Avenue) and a portion of South Circle Drive (fka NE 16th Drive) from NE 3rd Court westward to the Four Sea Suns Condominium, Inc. complex 2. Proposed Ordinance No. 06-011 Re: Approving the correction of Ordinance 05-034 regarding minimum side setbacks in the R-1-AA Zoning District 3. Proposed Ordinance No. 06-012 Re: Amending Part II, Chapter Two, Article 12, "Veterans Advisory Commission," Section 2- 162 entitled "Organization" and Section 2-163 entitled "Board Appointment and Membership" of the City of Boynton Beach Code Ordinance to provide for an increase in the number of Honorary Members on the Veterans Advisory Commission C. Resolutions: 1. Proposed Resolution No. R06-019 Re: Appointing a representative to the Palm Beach County League of Cities 2. Proposed Resolution No. R06-020 Re: Appointing a representative to the Metropolitan Planning Organization 3. Proposed Resolution No. R06-021 representative and alternate to COBWRA Re: Appointing a 4. Proposed Resolution No. R06-022 representative and alternate to the Coordination Forum Re: Appointing a Multi-Jurisdictional Issues 9 Agenda Regular City Commission Meeting Boynton Beach, Florida January 3, 2006 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 MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE cm SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDNIDUAL WITH A DISABILITY AN EQUAL OPPORTUNm TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIvm CONDUCTED BY THE cm. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIvm IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 12/30/20053:13 PM s: \CC\ WP\CCAGENDA \AGENDAS\y ear 2006\010306.doc 10 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a WHEREAS, the significant contributions made by the late Dr. Martin Luther King, Jr. are recognized nationwide in that the third Monday of January has been established as a national holiday in commemoration of Dr. King's birthday, January 15,1929; and WHEREAS, Dr. King dedicated his life so that all Americans may enjoy the freedoms guaranteed every citizen under the Declaration of Independence and the United States Constitution; and WHEREAS, Dr. Martin Luther King, Jr. Birthday Celebration Committee of Boynton Beach, which combines numerous community organizations and municipalities, is playing a major role in the coordination of observances of this day by offering a variety of historical and cultural programs through the City. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim January 16, 2006 as: DR. MARTIN LUTHER KING, JR. DAY in the City of Boynton Beach, Florida, and call upon all citizens to rededicate themselves to advancing the cause of brotherhood and sisterhood among all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 3rd day of January, Two Thousand and six. Jerry Taylor, Mayor City of Boynton Beach ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamations\Year 2006\Martin Luther King Jr. Day - 2006.doc III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.2 ~\ -r ::~? h' '- / \ r. .. \1 O'~ J:r 0\ _ ' U "i ./~ '~,. i~o -,,,- 0 v CITY OF BOYNTON BEACiH AGENDA ITEM REQUEST FORM . .:~ n ,...' ',... ~ II c:: \. .) '-) Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [8J January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement [gI Presentation 0 City Manager's Report RECOMMENDATION: Presentation of Commendation Award to Mr. & Mrs. Charles Hardy for their work and efforts with the City's Community Emergency Response Team program (CERT). EXPLANATION: The Hardy's have been active in the development of the Palm Beach Leisureville CERT team program as well as participants in a multitude of other City related CERT activities. Their devotion to their neighbors as well as the City is to be commended. Their personal efforts have assured the future growth of the CERT team program in our City. See attached memorandum No. 05-041 PROGRAM IMP ACT: The expansion of a citywide program that trains our citizens to take an active participation in a response to a large-scale disaster such as a major hurricane. Fire Rescue training teaches motivated citizens to become part of our post disaster response team. Not only do these volunteers come to the aid of their fellow citizens, but they also provide a valuable link from the community to our City's EOC by providing real time damage assessment reporting. CERT team members connect the EOC to the outside world moments after the storm has passed, thus providing strategic information regarding the allocation of emergency resources. FISCAL IMPACT: N/A ALTERNATIVES: N/A ~ City Manager's Signature epartment Head's Signature Fire Rescue Department Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Department Memorandum 05-041 To: Chief Wm. Bingham Deputy Chief J. Ne~ November 28, 2005 From: Date: Re: City Commendation for CERT team members Charles & Doris Hardy For the past several years I have had the pleasure of working with a number of city residents as members of our growing Citizens Emergency Response Team program (CER T). Typical of any volunteer organization, there are a select number of members who always seem to be willing to go the extra mile. Charles and Doris Hardy graduated from our third CERT class in March of2003. In those past two and one half years they have been the motivating force behind the rapid expansion of the Palm Beach Leisureville CERT team group. Because of the Hardy's devotion to serving their community, the Leisureville CERT team has become the largest and most active CERT team in the city, and a role model for those neighborhoods attempting to build their team organizations. Not only have they been instrumental in their support of the Leisureville team, they have also taken the lead to participate in most citywide CERT team activities. These activities include the CERT team displays at the Fire and Hurricane Expos, post hurricane city volunteer recruitment, and presentations of team building activities at our CER T team training sessions. It is with great disappointment that I recently learned that Mr. & Mrs. Hardy are planning on relocating to North Georgia soon after the first of the year. I would like to take this opportunity to show the Hardy's how grateful the City of Boynton Beach, and in particular the Boynton Beach Fire Rescue Department is to have had them as a member of our emergency response team family. Their devotion to their neighbors and other city residents is to be commended. The Hardy family has been instrumental in securing a solid future for the continued growth of our CERT team program. Having the opportunity to work with such extraordinary citizens has been both a professional and personal pleasure. It is only appropriate that I share that pride with the rest of the city. Attachment @l ~ ~ ~ ~ f'O <-l 0 ~ ...... "'d @1 a @t := ~ ....... ~ 0 ~ ~ ...... (:) := <-l ::: ~ ~ ~ f"i ~ ~ ~ .... ~... ~ ~ 0 f-t\ (:) <-l ;:Q ~ ~... ~ ~ -- ~ ~ ~ - := -- ~ 0 '=-' - ~ ::: '=' ~ iA.- 0 ~ ~ 0 - f--< ~ - S ~ '=' - f'O '0'" \:A. ~ w S ~ ~ 0 ~ -- ;re g- f"i a = ;ll f-t\ ~ ~ a ~ := == ~ aI f"i (:) Ro a a ~ .... ..-' C'" -- ~ ~ ....... ~ .... 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I ~ I hi III b 1: ~I 'Hi Hi i~! :::i -!~: i~! ~' \ 1":::'.:?.~ ' ", r', ,'\ "J )~ ~o.<\ ..-/.t; i....,'...'-..... . .,,/" \(" ';;'....; -- ~'"-""""-? ,~., 'ON ',;: III.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office January 3, 2006 (Noon) o February 7, 2006 o February 21, 2006 o March 7, 2006 o March 21, 2006 January 17,2006 (Noon) o December 6, 2005 o December 20, 2005 [8J January 3, 2006 o January 17,2006 November 14,2005 (Noon.) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business [8J Presentation RECOMMENDA TlON: Allow a presentation to Reverend Anthony Reed, Pastor of St. Paul AME Church in appreciation for his dedicated service to the City of Boynton Beach from May 2002 - December 2005. EXPLANATION: During his tenure as Pastor of the St. Paul AME Church, Reverend Anthony Reed dedicated himself to serving his community. He regularly volunteered at the Poinciana Elementary School in Boynton Beach and spearheaded a community forum between the Palm Beach County School Board and the City of Boynton Beach. He was also the Palm Beach County Head Start Community Representative for Boynton Beach. Reverend Reed has been an active member of the Heart of Boynton Neighborhood Association and opened his church for neighborhood meetings and workshops. Through his leadership and participation, the St. Paul AME Church adopted Martin Luther King, Jr. Blvd in the Heart of Boynton neighborhood and he and members of the congregation clean-up the street on a regular basis. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ~ City Manager's Signature City Attorney / Finance / Human Resources Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC II r/~ \ rr '. I. "'\\ ~ Presented to Reverend Anthony Reed Pastor of St. Paul AME Church In Appreciation For Dedicated Service to The City of Boynton Beach May 2002 - December 2005 Rev. Anthony Reed (Former Pastor of St. Paul A.M.E. Church) Rev. Anthony Reed started his journey at St. Paul A.M.E. Church on May 26, 2002. His journey was inspired and greatly appreciated by the people of Boynton Beach. Under his leadership the church grew in grace and presence within the city. Under Pastor Anthony Reed's administration St. Paul A.M.E. Church 1. The St. Paul A.M.E. Church under went a total remodeling project. 2. Solidified partnerships all over the community . Partnered with Boynton Beach Faith Base Corporation to expand the Peacemaker program. . Partnered with Mrs. Lena Rhaming and the Boynton Beach Headstart program. 3. The Church also partnered with Poinciana Elementary School to provide food for disenfranchised families of the community once a month. 4. The Church acquired property for future church expansion. 5. The church was featured in the South Florida Business Journal. 6. The church was the first to respond with immediate out reach to the Survivors of Hurricane Katrina who were relocated to Boynton Beach. 7. The church started a community wide campaign that loaded two commercial trucks with clothes and food for hurricane victims. 8. The church provided community wide forums on education and a strong tutorial program. 9. The church also ran a Neighborhood Summer Camp for two years that educated and exposed over lOO plus children of the neighborhood. lO.The church took in over 330 new members within three years, and became the fastest growing A.M.E. Church in South Florida. Pastor Reed served Palm Beach and Boynton Beach by speaking all over the county, serving on the Head Start Policy Council and being a Community activist. On December 3rd, Pastor Reed was promoted by God and the A.M.E. Church council to serve as the Pastor of Martin Memorial A.M.E. Church in Richmond Heights, Miami Fla. He will be missed from this community but the work and vision of developing a community of equal and appropriate living standards for all who live in Boynton Beach will continue on. SERVANT OF GOD WELL DONE I!! ~\-r :,,9 J.> [\ r \ ; ., 0\ ... )" 0\ if.) J-- ~'\". .. ..~,.<.~ 'V ","'" ."-.,-,,~,-:\.,\/ rO(,." III._ANNOUNCEMENTS & PRESENTATIONS CITY OF BOYNTON BEACH Item C.4 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 December 6, 2005 November 14,2005 (Noon) D February 7, 2006 January] 7, 2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) [8J January 3, 2006 December 19,2005 (Noon) D March 7,2006 February 21, 2006 (Noon) D January 17,2006 January 3,2006 (Noon) D March 2], 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement [8J Presentation D City Manager's Report RECOMMENDATION: To provide the Commission with a short PowerPoint presentation regarding the status of the Wilson Project and information about construction management at risk, EXPLANATION: The Wilson Project Master Plan was originally presented to the Commission in November 2004. The cost estimates for the project were based on schematic design, which was prepared in summer 2004. Since that time the scope of the project has significantly changed. Specifically, instead of modifying the existing pool, it was decided that it would be in the best interest of the community to build a new one. Concurrently, the volatility of the construction market has been well documented, and consequently cost projections have increased for this project. Additionally, we may consider the option of hiring an independent construction manager to assure quality work and meeting all established deadlines. PROGRAM IMPACT: Due to current construction industry market trends, revised cost estimates have been prepared for the Wilson Center, Pool and Pool Building. FISCAL IMP ACT: Original Projected Costs (Summer 2004) Uodated Projected Costs (December 2005) Land Acquisition $700,000 Land Acquisition $700,000 Demolition $120,000 Demolition $120,000 New Recreation Center $2,380,000 New Recreation Center $2,380,000 Park Improvements, equipment, landscaping, $1,339,100 Park Improvements, equipment, landscaping, $2,077,100 contingency, etc... contingency, etc... Pool, Pool Bldg., Heater $415,000 Pool, Pool Bldg., Heater $1,273,000 Pool Bldg. Optional Upgrades $129,000 Engineering Services $659,000 Engineering Services $819,000 TOTAL $5,613,100 TOTAL $7,738,530 Need Additional Fundin!?: $2,840,630 AL TERNA TIVES: N/ A ~.~ City Attorney / Finance Human Resources Department Head's Signature Recreation & Parks Department Name S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A RECREATION & P ARKS DEPARTMENT MEMORANDUM NO. 05-142 TO: Wilfred Hawkins, Assistant City Manager wb FROM: Wally Majors, Recreation & Parks Director DATE: December 21, 2005 SUBJECT: Wilson Project Update Presentation We have just received updated cost estimates for the pool, pool building and recreation center that are part of the Wilson Project. These are based on completed construction drawings. Previous cost estimates were based on schematic design and were prepared in summer 2004. Since that time the scope of the project has significantly changed with the addition of a new pool. Concurrently, the volatility of the construction market has been well documented. Consequently, we believe it's important to update the City Commission as to the status of this project. We will also provide a brief summary regarding construction management at risk, which is something they may consider as an additional option for this project. The attached copy of the PowerPoint presentation will provide the following: . A review of the scope of the project. . Original cost estimates for the new recreation center and pool modifications. . Updated cost estimates for the new recreation center, new pool and improvements to the pool building. . A brief summary of Construction Management at Risk. We wish to make this presentation at the January 3, 2006 Commission meeting. At the same meeting will come before the commission asking for approval to accept the amended scope proposal we received from Kimley Horn for additional services related to the pool and pool building. This will summarize the projected costs for the new recreation center, new pool and necessary modifications to the pool building. However, these are the major elements of this project and give us good benchmarks for comparative analysis. Other costs include site work, utility/drainage/park improvements, landscaping, site electrical, tot lot, pavilions, lighted outdoor basketball courts and monument sign. /wm PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COSTS Budaet Level Detail CITY OF BOYNTON BEACH WILSON PARK COMMUNITY CENTER, POOL & PARK IMPROVEMENTS PRELIMINARY PROJECTED COST SUMMARY Item Phase I Construction DEMOLITION OF EXISTING BUILDINGS, TREE REMOVAL AND PLAYGROUND EQUIPMENT S80,OOO.00 SITE DEMOLITION S40,OOO.00 LAND ACQUISITION S700,ooO,0( SITEWORK PREPARATION / OPEN FIELD AREAS S35.oo0.oo PARKING LOT/ SIDEWALKS AND WALKWAYS: Includes connector to future greenway park. S373,800.00 DRAINAGE IMPROVEMENTS (STORMWATER) S94 ,500,00 UTILITY IMPROVEMENTS: Includes connections for pool replacement S70,000.00 IRRIGATION S70,000,00 LANDSCAPING: Includes modification of existing western sidewalk S94,6OO,00 SITE ELECTRICAL: Includes perimeter/security lighting as well as play field (open space play area) lighting. S365,OOO,00 TOT LOT: Includes allowance one new play structure S32,600.00 PAVILIONS/ OUTDOOR EQUIPMENT: Allowance for 3 small Polygon gazebo type structures in the area just north of the proposed Tot Lot, with picnic tables. Includes only one structure water fountain placed adjacent to the S64,600.00 Tot Lot. MONUMENT SIGN S5,000,00 COMMUNITY CENTER: In both options, the full 14.000 SF +/- Community Center would be built. This is the focal element of the re-development of this park. Budget increased to include 10% markup for Contractor bond fee S2,620,000,00 allowance, COMMUNITY CENTER: Furniture and equipment allowance S50,000.00 POOL BUILDING RENOV AnON: Includes ADA building modifications, the the new enlly access ramp, S385,OOO.00 upgraded pool deck and pool deck furnishings. POOL BUILDING OPTIONAL UPGRADES: This budget item includes four potential optional improvements to the pool building: (I) installing bahama style shutters, (2) re-skinning the exterior of the pool building to match the look SI29,000,00 of the new community center (3) adding a roofed entrance feature including lighting and (4) placing new tar and flashingonhte existing roof. POOL GEOTHERMAL HEATING SYSTEM: This option provides opportunity to operate facility year round -- S65,000.00 Note: Has additional operational budget impact implications. POOL REPLACEMENT: includes cost of in-ground pool replacemot and modifcation to convert the diving well to a S823,000,00 learn-to-swim pool. Includes deck expansion and addition of slides and interactive features. 2 SURF ACE BASKETBALL COURTS WITH SPORTS LIGHTING S80,000.00 ,. ,.i.:.::"': .., , CONSTRUCTION COST SUBTOTAL S6,177,100,00 PERMIT FEE ALLOWANCE (2%) SI24,000.00 CONSTRUCTION CONTINGENCY (10%) S6 I 8,00000 TOTAL ENGINEERING! ARCHITECTURAL DESIGN SERVICES (Existing contracts and pending S667,032.oo proposals) CONSTRUCTION ENGINEERING SUPPORT SERVICES AND FEES (Existing contracts and pending S 152,398,00 proposals) i. TOTAL BUDGET S7,738,530_00 '.. TOTAL CIP BUDGET S5,437,300,00 12/22/2005 Projeeted_ 100%_ Cost_ Summary_Dee 2005 CI) .... co -c Q. ::) .... u CI) -~ o ... D- c: o fn - -- ~ -.el l.lt'{i z <( ...J"l"'" a.. a::W wC/) 1-<( f.J)J: <(a. :2 ~ II:) <004 I U '$.'-~..',," ! ~1I~"'~'._I~';::;;.~~~i":~ ---:~~~ -~,._""--t--~1~ t....... "-""~J$--)P''''''''''' ..,~..W - ~ U"'-~","""'U........-..:@ ,....,.._N;I':fJli..~\o ~...!! ':II4~jd n__~__~_~" t....... ~ U ~ -'I.44J~ r:\/h ....:~.,... 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APPLICANTS ELIGIBLE FOR APPOINTMENT 01/03/06 r LAST NAME FIRST 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION NAME SUBMITTED Allard John Recreation and 9/13/05 Parks Bd. Barnes Matthew Community Planning and 7/27/05 Redev.Agency Develooment Bd Fitzpatrick Michael Planning & 2/25/05 Development Board Lender Wayne Community 1/28/05 Redevelopment Aaency Norem Stormet Community Resubmitted Redevelopment 12/08/05 Aaency Rodriguez Jose Community 9/30/05 Redevelopment Aaency APPLICANTS FOR VETERANS ADVISORY COMMISSION: (There are two non-residents permitted by Ordinance; One (1) in a Regular position and one (1) in an Alternate Position. Those position are currently filled.) * Andrea William Veterans 9/19/05 Commission Buckner David Veterans 12/14/05 Commission * Goldgeier Larry Veterans 9/16/05 Commission *Jones Jerry Veterans 9/19/05 (Gerald) Commission Krabill Thomas Veterans 12/10/05 Commission * Leibensohn Marvin Veterans 9/16/05 Commission * * Milano Angelina Veterans 9/19/05 Commission * Marilyn Veterans 9/19/05 * * Nemes Commission **Sims Wilbur Veterans 9/22/05 Jean Commission . * Non resident . **May Serve Only as an Honorary Member JAP 12116/20053:24 PM S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 01 03 06.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.l. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) 0 0 December 20, 2005 December 5, 2005 (Noon) 0 I:8J January 3, 2006 December 19,2005 (Noon) 0 0 January 17, 2006 January 3,2006 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office February 7,2006 January] 7,2006 (Noon) February 21, 2006 February 6, 2006 (Noon) March 7, 2006 February 2],2006 (Noon) March 2], 2006 March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o o o o o Consent Agenda Public Hearing Bids 0 Development Plans 0 New Business Cl 0 Legal 1il l ) 0 Unfinished Business ,-' i 0 Presentation ~'r':~~ --_._~ -'" --- -. Announcement .' ':. .,,--~ ...... .=:.. ~::l~ ()") 11 W -rr1 RECOMMENDATION: Motion to award the "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUMID ;q~ SERVICES" Bid # 009-2110-06/JA, for an estimated annual expenditure of$ 261.000.00. ::.:c City Manager's Report CONTRACT PERIOD: JANUARY 1, 2006 TO DECEMBER 31, 2007 EXPLANATION: On November 22, 2005 Procurement Services received and tabulated two (2) proposals for this bid. Staffing Connections/Action Labor is the current contractor used by the City. Staffing Connection/Action Labor will provide guards as needed throughout the school year. Staffing Connection/Action Labor is the lowest, most responsive, responsible bidder who meets all specifications. Chief Matthew Immler concurs with this recommendation, (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish a firm price for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations determined by the City. The provision of this bid will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. FISCAL IMPACT: BUDGET ACCOUNT# 001-2110-5211-49-17 BUDGETTED AMOUNT Note: A tu 2004-2005 expenditures were $250,000.00 ~ Assistant to the Finance Director $267,050.00 ESTIMATED ANNUAL EXPENDITURE $261,000.00 Procurement Services S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R06- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING THE AWARD OF 6 BID #009-2110-06/JA TO STAFFING 7 CONNECTION/ACTION LABOR FOR THE TWO 8 YEAR CONTRACT FOR SCHOOL CROSSING 9 GUARD SERVICES FOR AN ESTIMATED ANNUAL 10 EXPENDITURE OF $261,000.00; AUTHORIZING 11 THE CITY MANAGER TO EXECUTE CONTRACT 12 DOCUMENTS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, On November 22,2005, two (2) proposals were received and opened 17 by Procurement Services for the two year contract for school crossing guard services, and 18 staff is recommending the award to Staffing Connection! Action Labor as the lowest, most 19 responsive, responsible bidder who meets all specifications. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon 24 adoption. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, 26 hereby approves the award of Bid #009-211 0-06/JA to Staffing Connection! Action Labor 27 for the two year contract for school crossing guard services, and does hereby authorize the 28 City Manager to execute a contract in the estimated annual expenditure of $261,000.00, a 29 copy of said Contract is attached hereto and made a part hereof. 30 Section 3. That this Resolution shall become effective immediately. S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Staffing Connections (Crossing Guard).doc 1 2 3 PASSED AND ADOPTED this day of ,2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 30 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Staffing Connections (Crossing Guard).doc CONSUL T ANT AGREEMENT FOR THE TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEMENT, made as of January 03, 2006, by and between the City Of Boynton Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter "CITY"), and Staffinl! Connections/Action Labor a Nevada company. WITNESSETH: WHEREAS, the CITY is desirous of providing for the satisfaction of its school crossing guard program through an independent contractor agreement; and WHEREAS, Staffinl! Connections/Action Labor is in the business of providing various labor forces, including, but not limited to, school crossing guard services with appropriate certifications, and WHEREAS, the parties are desirous of providing for the terms of their Agreement, entered into as a result of Request for Bid no.# 009-2110-06/JA issued by CITY, and the Proposal of "TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES", dated November 21,2005 (collectively the "Bid Documents"). NOW, THEREFORE, in consideration of the mutual covenants herein contained, the legal sufficiency of which is hereby acknowledged, the parties agree as follows: 1. SCHOOL CROSSING GUARDS: Staffinl! Connections/Action Labor shall provide the school crossing guard and supervisory services necessary to satisfy the requirements of the CITY School Crossing Guard Program in accordance with the specifications and the rates provided in the Bid Documents, copies of which are attached hereto and incorporated herein as Composite Exhibit "A". Staffinl! Connections/Action Labor (hereinafter known as Staffinl! Connections/ Action Labor) shall provide the following minimum personnel, at the locations and during the time herein described, for the consideration hereinafter set forth: (a) number of guards and rate - See Composite Exhibit "A" (b) number of supervisory personnel - See Composite Exhibit "A" The CITY reserves the right to require more or less crossing guard services upon three (3) days written notice, specifying its needs. Schedule and locations of services are described in Composite Exhibit "A". A TT ACHMENT "B" 2. DUTY HOURS; DUTY LOCATIONS: Staffine Connections/Action Labor shall provide the personnel described above during school hours and at all posts as deemed necessary by the School Board and the CITY. The CITY has the right to change the duty hours, as well as duty locations, by written directive, which shall become effective on the date set forth in such written directive, provided that such date shall not be sooner than three (3) business days from the date of the written directive. 3. CONSIDERATION: Staffine Connections/Action Labor shall be compensated for the services provided hereunder in accordance with the hourly rate set forth in Paragraph 1. Staffine Connections/Action Labor shall be solely responsible for and shall provide for the payment of workers compensation insurance coverage and premiums, withholding taxes, FICA, benefits, if any, all remunerations; all labor contract compliance and all other charges. Staffine Connections/Action Labor is being retained as an Independent Contractor and acknowledges this Agreement does not create any employment relationship with the CITY. The CITY shall bear no responsibility for any such charges, fees, permits, and the like associated with the employment of such personnel. Staffine Connections/Action Labor acknowledges that the CITY is contracting for the full crossing guard services for the hours and at the described posts as stated in this Agreement. This Agreement requires that qualified personnel service be at each post during the prescribed post hours. 4. TRAINING AND SUPERVISION: Staffine Connections/Action Labor shall be responsible for furnishing training and certification of each of the personnel set forth in Paragraph 1 (a). Staffine Connections/Action Labor represents that it is a qualified trainer and shall provide personnel meeting these training and certification standards required pursuant to Section 234.302, Florida Statutes. No person lacking such certification shall perform services for the CITY hereunder by Staffine Connections/Actions Labor. Staffine Connections/Action Labor shall have, at all times during the term hereof, at its ready disposal, backup personnel. The CITY shall pay the rate as set forth in Paragraph 1 for actual training and retraining of applicable personnel. Staffine Connections/Action Labor shall provide the services as set forth in composite exhibit HA". 5. UNIFORM: The CITY will turn over all equipment after inventory to Staffine Connections/Action Labor for continued usage throughout the term of this Agreement. All personnel shall wear dark slacks, skirts or shorts and a white top with appropriate identification badge. At all times during the performance of their duties, all personnel shall dress in a clean and neat manner. Staffine Connections/Action Labor will assume equipment replacement responsibility as needed. ATTACHMENT "B" 6. COMPORTMENT; CHANGE OF PERSONNEL: At times when such personnel are working in the CITY whether or not on duty, such personnel shall comport themselves in a manner which will not bring disrespect upon the CITY or Staffine. Connections/Action Labor, or call into question the competence or demeanor of such person relative to the performance of the School Crossing Guard Service, which, by its nature, requires such personnel to come into contact with minors. The CITY reserves the right to require the change of any personnel upon not less than three (3) business days written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location ofthe post location. 7. DUTY ROSTER: Staffine. Connections/Action Labor shall provide the CITY with the names of all personnel, and the location of such individual's post location. Such roster shall be provided on a weekly basis as of Friday of the week preceding. 8. TERM: This Agreement shall commence on the 04 day of January, 2006, and include the period from the Commencement Date through the last day of the academic school year according to the School District of Palm Beach County, Florida for the remaining part of the school year. The contract will be for two (2) years, with the option to renew the contract, at the same terms and conditions, for a maximum of two (2) additional one year periods subject to vendor acceptance, and satisfactory performance, and determination that renewal will be in the best interest of the CITY. Option to renew should be provided in writing pursuant to the notice provision thirty (30) days prior to the end of the contract period. 9. BILLING: Staffine. Connections/Action Labor shall provide an invoice to the CITY no more frequently than once per month. Each invoice shall be accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individual's employee time card. The time sheet must list each guard by name, location, pay rate, bill rate and daily hours worked. 10. TERMINATION: Either party may terminate this Agreement on written notice, provided that the services hereunder shall not be terminated until thirty (30) days subsequent to the date of such written notice. 11. INSURANCE: Staffine. Connections/Action Labor shall provide liability insurance coverage, written with such insurance carriers as the CITY shall reasonably approve, for personal injury and property damage. Comprehensive General Liability Insurance must be written on the comprehensive form of policy. The policy must contain minimum limits of liability as follow or $1, 000,000 Combined Single Limit; Bodily Injury of $1 ,000,000 and Property Damage of $500,000 each occurrence. ATTACHMENT "B" Employer's Liability Insurance requires $1,000,000, and Workers Compensation Insurance statutory requirements. All insurance policies must be issued by companies authorized to do business under the laws of the State of Florida. The companies must be rated no less than "B+" as to management, and no less than "Class V" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Olwick, New Jersey, or its equivalent, or the company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. All required policies of insurance shall contain a provision of endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to the CITY by certified mail Staffinl! Connections/Action Labor shall submit prior to commencement of any work, a Certificate of Insurance showing the CITY as additional insured. 12. INDEMNIFICATION: Staffinl! Connections/Action Labor agrees to indemnify, defend, and save harmless the CITY, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, caused by any negligent act or omission, misfeasance, or malfeasance ofStaffinl! Connections/Action Labor connected with the performance of this Agreement, whether by act or omission of Staffinl! Connections/Action Labor, its agents, servants, employees or others; unless said claim for liability is caused by the negligence, misfeasance or malfeasance ofthe CITY or its agents and employees. Nothing herein shall constitute a waiver by CITY ofthe protections, immunities, and limitations of liability afforded CITY under Section 768.28, Florida Statutes. 13. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be assigned or transferred by either party without the written consent ofthe other party. 14. CONSTRUCTION: This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Palm Beach County, Florida. 15. JOINT PREPARATION: The preparation ofthis Agreement has been ajoint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties' further intention that this Agreement be construed liberally to achieve its intent. ATTACHMENT "B" 16. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 17. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporate herein by reference. 18. NOTICES: Except as provided above, whenever either party desires to or must give notice to the other, it must be given by written notice, sent by certified U.S. Mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving notice in compliance with the provisions ofthis paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: CITY: Procurement Services 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 WITH A COpy TO: Mike Munro 100 East Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425 Notices to the contractor can be sent to: Staffing Connection! Action Labor 1280 S. Powerline Rd. Pompano Beach, FI 33069 Carole S. Greenich 19. In the event of any conflict between any provisions of this Agreement and any provisions in the exhibits hereto, the parties agree that the provisions of this Agreement are controlling. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF BOYNTON BEACH By: Kurt Bressner, City Manager ATTEST ATTACHMENT "B" Janet Prainito, City Clerk Approved as to fonn: By: City Attorney Signed, Sealed, and delivered In the presence of: BY: Print Name Print Name Print Name Title: (CORPORATE SEAL) ATTEST: Secretary STATE OF FLORIDA ) )SS: COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of , an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Agreement as the proper official of . for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me or has produced as identificatioQ.. ATTACHMENT "B" IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 20_ NOTARY PUBLIC My Commission Expires: CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM ""0: Janet Allen DATE: SUBJECT: REFERENCES: ENCLOSURES: 11-29-05 FILE: Bid #009-2110-06/JA Crossing Guards FROM: Chief G. Matthew Immler It is my recommendation we proceed with the lowest bid from Staffing Connection on the School Crossing Guards. They are the current provider and we have a good working relationship with them. DISAPPROVED Nov.29. 2005 12:42PM adion 561-683-3375 No. 2273 P. 2 November 29,2005 City Of Boynton Beach Attention: Michael Munro 100 K Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Dear Michael: This is in reference to our conversation this morning, regarding fixed rates for the duration of the Crossing Guard Contract. Rates for the first and second years of the contract will remain fixed at the average bill rate of $13.709 for 29 guards. If a third year Is extended to Staffing Connection, the rate will also remain the same. We have enjoyed our relationship with the City Of Boynton Beach during the past three years and hopefully, look forward to a continued partnership. Thank you for your help and if you need any additional information, please don't hesitate to contact me. Sincerely, CAROLE S. GREENICH MANAGER SCHOOL CROSSING GUARD DIVISION EXHIBIT A: PROPOSED BILL RATE BASED ON CURRENT GUARD RATES TOTAL FOR 29 GUARDS (SEE ATTACHED SHEET FOR BREAKDOWN) 21 GUARDS-BILL RATE WILL BE $ 12.56 4 GUARDS-BILL RATE WILL BE $ 14.77 2 GUARDS-BILL RATE WILL BE $ 18.20 . 2 SUPERVISORS-BILL RATE WILL BE $ 19.16 STARTING NEW GUARD'S PAY RATE WILL BE AT THE LOWEST RATE ON THE SCALE. E ATTACHMENT, RESCINDING nCE. 2ND YEAR RATE-COST OF LIVING INCREASE FOR THE SECOND YEAR WILL BE BASED ON THE RI DIVISION OF WORKER'S COMPENSATION RATES NEXT MAY. THIS INCLUDES A 3% COST OF LMNG INCREASE FOR GUARDS CURRENTLY WORKING FOR THE CITY OF BOYNTON BEACH. THIS INCREASE IS BASED ON THE RI DMSION OF WORKERS' COMPENSATION RATES EFFECTIVE 5/10/05. THE CONTRACT ALLOWS FOR A ONE YEAR EX- TENSION AFTER THE TWO YEAR CONTRACT. THE COST OF LIVING RATES WILL BE BASED ON THE COMPENSATION RATES THAT YEAR. UI'iV.lH t-'Abt. 1::1//::;4 _ . EXHIBIT A: CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE GUAjRD LOCATION Con ess at Mid Ocean. Pkw:~ Ocean Pkw:~ Lawrence &: Gat Con ess at Mid Min.er Road at S Con ss Ave & CO S5 Ave & N. Seacrest & NV Lawrence &. Gate Seacrest & 'Hool Old Bo tOIl Rd Citrus Blvd at sob NW 4 Street & Bo ton Bch Blv OldBo ton&C SW 10 Av.!&S SW 10 AVf~&S Lawrence Rod in fJ H oluxo Rd in fj H oJuxo Rd in fi H oluxo Rd Bus H oluxoRd&~ H oluxo Rd&S H oluxoRd&l Meadows Blvd & Con s Ave in f Con ess A "e in t Con ess Ave & ( Con sAve & ( Con sAve & ~ Con ss A,'e & ~ de School 08:15 - 09:00 03:45 - 04:30 Miner Road 07: 15 - 08:00 01:50 - 02:35 N. Seacrest 07:00 - 07:45 02:00 - 02:45 ewav 07:15 - 08:00 01 :50 - 02:35 dIe School' 08:15 - 09:00 03:45 - 04:30 chool 07:15-08:00 01 :45 - 02:30 ;~R 804 08:15 -09:00 06:45 - 04:30 ;)R 804 08:15 - 09:00 03:45 - 04:30 0/ 12Ul Ave 07:15 -08:00 01:50 - 02:35 way 07:15 - 08:00 01:50 - 02:35 brimt 07:00 - 07:45 02:00 - 02:45 & Congress 08:15 - 09:00 03:45 - 04:30 .001 07:25 - 08:10 01:45 - 02:30 NW 4th Ave 07:15 -08:00 02:00 - 02:45 d & Seacrest 07:00 - 07:45 I 02:15 - 03:00 ongress 08:15-09:00 03:45 - 04:30 I~crest 07:15 -08:00 02:00 - 02:45 'W 3rll Street 07:15 -08:00 01:50 - 02:35 "Ont of school 07:25 - 08: lO 02:00 - 02:45 "Ont of school 07:15 -08:00 01:45 - 02:30 . .ont of school 07:15 - 08:00 01:45 - 02:30 Entrance 07:15 - 08:00 01:45 - 02:30 ieadows Way 07:15 -08:00 02:00 - 02:45 antaluces Blvd 07:1.5 - 08:00 02:00 - 02:45 .awrence Rd 07:15- 08:00 02:00 - 02:45 Meadows Way 07:15 - 08:00 02:00 - 02:45 ront of school 07:15 - 08:00 01:45 - 02:30 'ront of school 07: IS - 08:00 01:45 - 02:30 10lf Rd 07: 1.5 - 08:00 02:00 - 02:45 10lf Rd 07:15 - 08:00 02:00 - 02:45 ;W2tll Ave 07:1.5 - 08:00 02:00 - 02:45 ;W 25th Ave 07:15 -08:00 02:00 - 02:45 A.M. 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This data must be included ill and made part of each hid document. Failure to comply wilh this instruction may be rega.;~ded c.s justification for rejecting the Contractor's proposal. '" attach additional sheets giving the information 1. ~C:~ ~~ 114~~ Business Addre!:s: -'~,. S. ~~ ~. .. ~~~l" - ~ ~~, Fl. 33o'~ When Organized: ~ ~ · - J..L.t.. -. ~ t Where Incorporated; ~~ - J..J....~ --' . - Name of Bidder: 2. 3. 4. 5. How mJJIlY ~\~~ca,rAaged,in.the contracting busin~ Wfler)he wesC\ll. -./'\IlIttt:! finnname? ~ - "'''~.. Ne~rt\ "J.&A..r~ ,- General character of work performed by your company. ~~~~t\~ · 6~ ~ Gar.;..." ~S ~ ~\c.L ~~ ~ -4\t~\t~ I ~~lJ.. ~ S~s:-~~ ~k~ Enclose evidence ,)fpossession of required licenses and/or busin.ess pennits. NmnberOfemployees. -S~~~ .'/- AckM~. 7~ BackgrOlUld and expelienee of principal members of your personnel, Including officers~ BOlldingcapacity. i~ S::~~ 6. 11. Have you ever d,~fault'~d on a contract? If so, where and why?'" No 26 THIS PAGE TO BE SUBMITTED IN ORDER FOR P ACI<AGE TO BE c ;ONSIDERED COMPLETE AND ACCEPTABLE Nov.29. 2005 12:42PM art ion 561-683-3375 STAffING CONNECTION fAX 1280 S. POWE'RLINE 'ROAD #25 & 26 POMPANO 'BEACtl, FL. 33069 PHONE: 954-979-8644 fAX: 954-979-7856 TOLL FREE # 1-866 -353 -7008 CROSSING GUARD DIVISION MANAGER CAROLE s. G'REENICtl TO: MICtlAEL MUN'RO F'ROM: CAROLE G'RffNICff COMPANY: CITY Of BOYNTON 'BEACT{ VATE: 11(29(05 SUB]tCT': CONTRACT INfO . fAXED TO PtlONE NUMBER: 1 ~561-742 -6185 PAGES: 2 INCLUDING COVE'R No. 2273 P. The City of Boynton Beach lit.' '...-f..;.'..-........ ~'i~<. ,,',~rl" ) l "'\ J= ,:",: ~I' II/.' , I~ " ~i.. "of <- .J.', ..t::. "'''.~' ""'t,'~~":.'. . .... _ . . .,'-.. ~:~.~ . .. ,', ;'J '" Procurement Se",ices 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #1 DATE: NOVEMBER 15, 2005 . RFQ TITLE: TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES RFQ NUMBER: #009-2110-06/JA The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" PLEASE DELETE THE ORIGINAL PROPOSAL PAGES 24 & 25 AND REPLACE WITH REVISED PROPOSAL PAGES. orporation, Firm 0 dividual) 1 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE By <:;?,. Gr .21"" ~ Signature ~~l~ c;. C;l'&t:.W~ ~ Printed Name _ _~ND-t; t,.,1l... ~le crS'l-' "7'l ..~~ '-I '-I Telephone Number ~1< yY;~ Mary Munro Assistant to the Finance Director /JA c: Michael Munro, Police Department Demandstar. com Shelf Copies File 2 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ;-;i:I.(;unr 111(; ~ . 10: ~arole Greenich (19049797856) 12:16 11/15/05 EST Pg 1-2 Tlte City of Boynton Beaclt DATE: RFQ TITLE: RFQ NUMBER: Procurement Services 100 E. Boymon Beach Boulevard p. O. B=310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ADDENDUM #2 NOVEMBER 15, 2005 TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES #009-2110-06/JA The following changes, additions, deletions, and/or information are hereby made a part of the Bid for the "TWO- YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" CHANGE IN SCOPE OF SERVICES: A). THERE IS AN ESTIMA TED 29 CROSSING GUARDS PER WEEK B). THERE IS AN ESTIMATED 19,000 HOURS PER YEAR Date ~ · ~t\.~ ~ ~c4- (Nam~dder, Corporation, "inn or Individual) By r:~ ~ --. ~"~I.l~-A(f't. SIgnature 1 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE unVia.com Inc 10: carole Greenich (19549797856) 12:16 11/15/05 EST Pg 2-2 a", <::;'. ~'-tA.I..J;, Printed Name /'vft.~o.lfr. ~ Itle ~)-i- tt~!:!:N~~er ~~ y/?~ Mary Munro Assistant to the Finance Director IJA C: Michael Munro, Police Department Demandstar.com Shelf Copies Files 2 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE ~~/~~/L~~~ r~:14 :Lf:lbj(jl::!'::J5B ONVIA PAGE 04/34 SPECIFICATIONS FOR TWO~YEAR CONTRACT FOR SCHOOL CROSSlNG GUARD SERVICES The pwpose of this bid is to establish a finn price, for a two-year period, for the provision of School Crossing Guard Services on an "AS NEEDED BASIS" at designated times and various locations determined b~' the City. The awarded contractor will be responsible for the supenrision of aU personnel in aCI~ordallce with contract specifications, terms and conditions, and shall exercise exclusive conb'ol oy,:~r persons employed to fulfill these contract requirements. Please place an (x) on the blank lin.e next to each item if a specification is met If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets (Pages 3-6) with the proposal sheet .in order for a bid to be considered. ~ Orders will be placed on an "AS NEEDED BASrS~' to meet City usage requirements. . . -L Contractors shall specify the estimated response time necessary to get crews working after receipt of ()rder. The response time should be your best estimate, as orders wi)) be placed based on that bfonnation. ~ Hourly charges ()ffered and accepted must remain fIrm for the term of the contract. ~ Contract shall p;~ovide the City with a list of names, and telephone nwnbers, and training dates of aU guards, back-up guards, and field ~uper"jsors. Changes to the list are to be provided to the City a:~ they occur. ~ The Contractor ~lhall (~mploy persons who are neat, dean, well groomed, courteous and at least twenty-on(: (21) years of age and legally entitled to work in the United States. Persons employed by the Contractor shall meet the requirements of th.e Immigration Refonn and Con.troJ A.ct of 1986. ~ Contractor .15 required to run a criminal background check on all employees contracted for assignment to the City of Boynton Beach. Eligible employees shall have no felony convictions. ~ If requested by the City,. Con.tractor agrees to remove any employee and substitute an acceptable person at that crossing post. Contractor is responsible for ensuring employee~ have completed all required training before being assigned to work as a crossing guard. 3 TillS PAG.E TO BE SUBMIlTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ll/~~/L~~~ ~~:14 2053738%0 ON'v'IA PAGE 05/34 ~ Contractor must maintain a daily time sheet with the signature of the employee on each work shift and the location of their guard post. A copy of this log will be submitted weekly to the City. ~ The City will ~.cccpt invoices no more frequently than one (1) time per month. Each invoice shall bc~ accompanied by a cumulative time sheet detailing all employee time logged for the invoice period as well as a copy of each individuals employee's time card. The time sheet :must I.ist each guard by name, location, pay rate, bill rate and daily hours worked. TRAINING ~ It shall be the :respoJ1sibility of the Contractor to ensure that all persons employed as crossing guard<; receive and successfully complete proper training as required by law. The Contractor may perform the training with it's own staff if they are certified crossing guard trainers, or sub. contract for certified training to meet this requirement. ~ Contractor shall subn:.it verification of certified crossing guard trainers. ~ Formal training of all crossing guards assigned to the City contract shall be conducted as per the standard.~ and guidelines established by the State of Florida Department of Transportatio1J., in accordance with Section 316.75, Florida Statutes. known as the "Ramon Tumquest School Crossing Guard Act." Such training shall be conducted by certified school crossing guard trainers, as required by the Florida Department of Transportation; .and consist of, at a minimwn, Classroom Training and Field Training. ~ TIle Contractor will provide at least one (1) training/re-training session per year, which shall be attended by all of the Contractor's employees assigned to work on the City contract. Any additional training, such as training of new employees throughout the school year, will be the sole responsibility of the Contractor. SCHEDULE AND LOCATIONS OF SERVICE i The Contractor ~;halI he required to provide school crossing guard coverage at the various locations includ,;:d in the bid specifications. The City reserves the right to increase or decrease the number of crossing locations to be staffed. The Contractor shall be flexible . and provide guards for the hours' needed upon the instructions of appropri.ate City personnel. A It is estimated that school crossing guard services will be required for a total of approximately 180 days per year. During summer school sessions, three (3) guards will be requjred for upproximately 30 days. The Contractor will be responsible for obtaining 4 . THIS P A(;,E TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER. FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABl,E 11/09/2005 03~14 2063738960 ONVIA PAGE 06/34 the specific service dates required by obtaining the school schedule from. the Palm Beach County Public School system. ~ The Contractor shall provide two (2) experienced field supervisor at all times to oversee the operations when guards are on duty. All supervisory personnel shall be certified scbool crossing guarlJs. It will be the responsibility of the field supcrvisor(s) to ensure that all crossings are properly staffed at all times such staffmg is required by the City. ~ The Contractor shall provide each working guard with the name ~d telephone number of a back-up in case the: worlcing guard cannot be at his post. The Contractor shall ensure that the back-up guard is fully trained and familiar with the specific crossing locations. L The Contractor shall }Tovide for his employees a 24-hour answering service. In the event a guard cannot be at his assigned post and the field supervisor is not yet on duty, the guard shall first contact his back-up and then contact the service. This service will then contact th.e ConotractOJ who will; in turn, confirm. that the back-up guard will be on duty at his assigned crossing. ~ Contractor shall provide unifonns for all guards. Any required replacement of aged, lo~t or damaged uniforms shall be the responsibility of the Contractor. -& The Contractor will '!)e required to provide school crossing guard service at additional locations as directed by the City. ---X- The services, level of service, and hourly charge for services provided at additional locations must be equal to the service provided within. the original agreement. ~ The City shall p:rovide aU information regarding the additional number of school crossing guards required as soon as possible. The City will work with the Contractor to devel.op a transition plan before the date expanded service. will be required. 5 TJIIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE INSURANCE CERTIFICATE PROVIDED PENDING APPROVAL OF CONTRACT. PROPOSED BILL RATE BREAKDOWN: 21 GUARDS -BILL RATE WILL BE $ 12.56 PROPOSED BILL RATE BREAKDOWN: 4 GUARDS -BILL RATE WILL BE $ 14.77 PROPOSED BILL RATE BREAKDOWN: 2 GUARDS -BILL RATE WILL BE $18.20 PROPOSED BILL RATE BREAKDOWN: 2 SUPERVISORS-BILL RATE WILL BE $19.16 11/09/2005 09:14 2053738960 ON\lIA PAGE 07/34 CITY OF BOYNTON BEACH SCHOOL CROSSING GUARD LOCATIONS & TIME SCHEDULE Congress at MidC.Ie School 08:]5 - 09:00 03:45 - 04:30 Ocean. Pkway & Miner Road 07: 15 - 08:00 01:50 - 02:35 Ocean Pkway & N. Seaerest 07:00 - 07:45 02:00 - 02:45 Lawrence &: Gateway 07: 15 - 08:00 01 :50 - 02:35 Congress at Middle School' 08:15 -09:00 03:45 - 04:30 Min.er Road at School 07:15 - 08:00 01 :45 - 02:30 Congress A'~~R 804 08:15 - 09:00 06:45 - 04:30 COIlI~ress Ave & :~R 804 08:15 - 09:00 03:45 - 04:30 N. Sea.crest &NV" J 2Ul Ave 07:15 -08:00 01 :50 - 02:35 Lawrence &. Gateway 07:15 -08:00 01:50-02:35 Seacrest & 'N'oolhright 07:00 - 07:45 02:00 - 02:45 Old Boynton Rd & Congress 08:15 - 09:00 03:45 - 04:30 Citrus Blvd at scllool 07:25 - 08:10 01 :45 - 02:30 NW 4th Street&1~w 4l:l1 Ave 07:15 -08:00 02:00 - 02:45 - Boynton Bc.;~ Blvd & Seacrest 07:00 - 07:45 02:J5 - 03:00 Old Boynton & CongreSS 08:15 -09:00 03:45 - 04:30 SW 1011I A VI;-&s:~st 07:15 -08:00 02:00 - 02:45 SW lOtlt AVr~ & S'W 3rcl Street 07:]5 -08:00 01:50-02:35 Lawrence Rd in front of school 07:25 - 08: 10 02:00 - 02:45 - Hypoluxo R~.ont of scbool 07:15 - 08:00 01:45 - 02:30 HypoJuxo Rd in fi.ont of school 07:15 - 08:00 01:45 - 02:30 Hypoluxo Rd Bus Entrance 07:l5 -08:00 01 :45 - 02:30 Hypoluxo R~{eadows Way 07: J5 - 08:00 02:00 - 02:45 Hypoluxo R~antaJuces Blvd 07: 1.5 - 08:00 02:00 - 02:45 Hypoluxo Rd & lawre.nce Rd 07:J5 -08:00 02:00 - 02:45 Meadows BJ~ Meadows Way 07:15 - 08:00 02:00 - 02:45 Congress A '~ront of school 07: 15 - 08:00 01:45 - 02:30 Congress A "e in front of school 07: 15 - 08:00 01 :45 - 02:30 Congress A'~ 10lf Rd 07: 1.5 - 08:00 02:00 - 02:45 Con.a-ess Ave & CrolfRd 07:15 -08:00 02:00 - 02:45 Congress A ,~;w 2th Ave 07:1.5 - 08:00 02:00 - 02:45 Con2ress A "e & SW 25tl1 Ave 07:15 -08:00 02:00 - 02:45 GUAiRD LOCATION A.M. P.M. 6 Contracts on hand.. I '1- ~b.. 'pIl.. _un" - c; ku*. ~ ~~. -:1', 4 A ~ '"\ -..-- ~~\~ UMKu:M-~~ Largest monetary conlract for services (include final cost). to I) ~ ~~ - Sil'\ct.. I/'/t4.;.-t '111r,~."O 'tc ~ 2)~ ~ k~ t.t D · ->I~11 b ~ ~ tcI"'1O~ 3) Q~~ GQ~",,~ .tU",u;. '*-t}t)~-~'ToJ,.k_1 $f;3~J1l List all lawsuits or art,itrations to which you have been a party and which: of< -NoN.\..,., 1) arose from contractual obligations: * No~ t.... 2) occurred within the last 4 years: * ~O ~ '- 3) provide (:a$e rJi,lmber and style: * II.L. ~ "'-'- 11/09/2005 09:14 ONVIA 2053738%0 12. Experience in perfomlaDCe. Project Contact Name $ Value ~~~~~k~ 13. J4. 15. DlIIe<! at: ~~ . ~1I\.aL thiS~aYOf Nw~ 20~J- BY:~~~ (written Bignati.rre) Name: ~'bJ.~~ (printed or typed) Title: nt~uIL:. 27 TIDS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE "- PAGE 28/34 Phone # 11/09/2005 09:14 2053738960 ON\lIA PAGE 29/34 NONCO:LLUSION AFFIDAVIT OF PRIME BIDDER . State of -.PI 0 l(' ~ County of p aj rrl1e u..cfn --1<n,( en J-I-o 0 ver She. ~.. /' I) ..He is r( es c:El.2 (Ti e) ) ) ,being fIrst duly sworn, depose..~ and says that: oflbhon ~r /:5faJ;Oj Cl)n{1tl(,if7~YI (Name of Corporation or Finn) the bidder that has submil tcd the attached bid: 2) He is fully inforrt1ed respecting the preparation and contents of the attached bid and of all pertinent circumstances rc~specting such bid: 3) Said bid is genuine .and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or partie:s in interest, including this affiant, has in any way colluded, conspired, connived or agreed" directly or indirectly with any other. bidder, fum or person to submit a collusive or sham bid in cOlll1ection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with. such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, film or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price. of any other bidder, cr to l;ecure through any collusion, conspiracy, connivance or unlawful agreement any advanta,ge against the (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or price~, quotf~d in the attached bi.d are fair and proper and are t,taintcd by any collusioJl, conspiracy, connivance or unlawful agreement on the part 0 e bidder or any of its agents, represe:t1tativ ~s, owners, employees, or pa.rt!es in . 'u mg . s affiant. ..dUU.W~~. Carol 1. Doppler ~ f1T~~~ Commission #00207882 ;~, ~1 Expires: May 01,2007 ....i!!t~ \,~\", Bonded Thru Ill'" Atlantic Bonding Co..1nQ. (Title) Subscribed and ~ to c me __ This ~ ~Of M1K-m~.r . 20~ Myconunissionexphes J~~/~ar ~ . 28 TillS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACJKAGIi TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11/09/2005 09:14 2063738960 ONVIA ANTI~KICKBACK AFFIDAVIT STATE OF FLORIDA ) : ss COUNTY OF PALM E;EACEI ) PAGE 30/34 I. the und.ersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employ(~ of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my fIrm. or by an officer of roration. ./ A/ ~- By~" / . ___/ ........ G/"'//// . - SJ~A TURE Sworn and subscribed before me this I~d day of LUD veri J..6.er- ,20 D'S:" LwuzL PUBLIC, St~lte of Florida \\\1\11I111111 ~,'\\i\.J\ DU",/",~ . ~~~'~~f,~oiiitA~~ ~ ~. "I:l "4'" lfo_. ~ ~ ... ~ Y.>" U t C:OO\"iJ>.. os. ~ w. ~~ ~ ~ = :: . .*= =*: ....... ::: % .... #DD238152..i'.': f ~ "h.~ ~.~s ~ ~..:..lhru~"..,,~,$' ~..1 _~ ....... cj(~""~"" ''/,/ ft:eLK: S{~it ,\".... ///11/11'11I111"\ "OFFICIAL NOTARY SEAL" STAMP ~IOO httonna{t ! 1J.ftA j (- ,Jtl-4L a ~ IOAl TIn / 29 THIS PAGE TO BE SUBMI"ITED ALONG WITH PROPOSAL IN ORDER FOR P ACJ"AGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE /) 1/ Jf Curv;UtGj/(/llJ 11/09/2005 09:14 2053738950 ONVIA PAGE 31/34 CONFIRl\fA TION OF MINORITY OWNED BUSINESS A requested fonn to be made a part of our files for future use and infonnation. PIe.ase fill out and indicate in the appropr7iate sI1aces provided which category best describes your company. Return this form. with your bid proposal sheet making it an official part of your bid response. Is your company a Mincmty Owned Business? )es No If Yes, please indicate by an "XU in the appropriate box: ( ) AMERICAN ;INDIAN ( ) ASIAN ( ) BLACK ( ) mSPANIC ~ WOMEN ( ) OTHER (specify) ( ) NOT APPliCABLE Do you possess a Certificatio'o qualifying your business as a Minority Owned Business? YES_ NO~ If YES. Nam.e the Orgatlization from which this certification was obtained and date: Issu.ing Organization for Certification Date of Certification 30 TIllS P AG E TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised ()2/22/05 11/09/2005 09:14 2053738960 ONVIA PAGE 32/34 CONFIHMATION OFDRUG.FREE WORKPLACE Preference shaIl be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and sexvice are received by the City of Boynton Beach or by any pol itieal subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shdI be given preference in the award process. Established procedures for processing tie bids will be :followed if none of the tied vendors have a drug~free workplace program. In order to ha,re a dJug-free workplace program, a business shall: 1) Publish a statemellt no tifying employees that the unlawful manufacture, distribution, dispensing, possess:lon, or use of a controlled substance is prohibited in the workplace and specifying the actions thai. will be taken against employees for violations of such prohibition. 2) Jnform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistancf: pro&rams, and the penalties that may be imposed upon employees for chug abuse violations. 3) Give each employCl~ engaged. in providing the commodities or contractual services that are lUlder bid a copy of the statement specified in subsection (I ). 4) In the statement specifie d in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid., the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contend~ to, any violation of Chapter 893 or of any controlled substance law of the United States nr any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if sueh is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drog-free workplace through implementation of this section. As the person authorl:7,;ed to sign the statement, I certify that this firm com,plies fully with the above requirements. ~ '"".~~. t.,I{~~ Vendor's Signature 31 nns PAG~E TO BE SUBMIlTED ALONG WITH PROPOSAL IN ORDER FOR PAC]KAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 11/09/2005 09:14 ~ u.. 0 Z Z 0 0 ~ ~ ~ ~ u ~ ~ Z < u.. ~ 0 ....... z ~ ; 0 ~ ~ C..l ~ ~ ~ E2 Pot """' ~ ~ '--' ~ t; ~ ~ rJ'.) IZ) ~ rJ'.) C..l ~ ~ ~ ~ CI) >- ~ ~ 0 a I 0 ~ cr.>' B ::l ~ ~ @ ~ ~ G ~ ~ ~ u 0 ~ -<t:z z .. IZ) ~~ 8~ ~ ~~ 0 ~~ ~ s g~ ,0 Q ~t> ~ ~~ ~ u t:I) .'Z ~i 88 g~ 8~ c:a~ ~,2; 2053738950 ONVIA PAGE 33/34 u.....:I o~ ~o f- ~~ :j8 g~ I ~~ '" U -:t'~ ~ >, tr.J u .-.. .lol ~ c., 8.2 0 >- ~ ~ II> ~ ......,I;l .. :I) ~~ ;::l ~ ... -:t':3 :", >- ~ i~! 0 ~ ~ ~ tr..~ b OO~ .-.. :1JE-< 3 :l. p.:j ~ >- ~ t--- 0 ~ .-.. M '-' U ~ ~ 53 .-.. r:r.1 t!. ZP::; ~ .00 j g:tj ~~ cQ .-.. ::: iilO ~ 2u p." >- ~~ ~ >< ~CI) ~ < => Z Z ==;j ~~ ~t ~tl ~~ ~~ ~~ ~~ c8 7- NO~ n~g: U ~8 ~~ rI,l= ~~ g~ ~< Clo:t: <u ~< ~~ ~ If PROPOSAL FOR SCHOOL CROSSING GUARD SERVICES BID ITB-009-2110-06/JA-0-2005/ja BID OPENING DATE: TUESDAY, NOVEMBER 22,2005-2:30 PM SUBMITTED BY: STAFFING CONNECTION/ACTION LABOR 1280 SOUTH POWERLINE ROAD #22 POMPANO BEACH, FL. 33069 PHONE: 954-979-8644 CONTACT: CAROLE S. GREENICH MANAGER DATE: 11/22/05 TABLE OF CONTENTS PART 1 A. COMPANY INFORMATION B. OFFICE LOCATION C. EXPERIENCE AND EXPERTISE D. ADVANTAGES TO USING STAFFING CONNECTION E. TRAINING F. DRESS CODE G. MEETING REQUIREMENTS H. BONUS PROGRAMS PART 11 A. BACKGROUND CHECKS/DRUG FREE WORKPLACE B. O.S.H.A. REQUIREMENTS C. INSURANCE D. LICENSE E. EQUAL OPPORTUNITY EMPLOYER F.REFERENCES PART 1 STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC has over 19 years experience providing premier staffing services to a broad range of industries. The company was founded by Karen Hoover in 1986 when she opened her first location in Gainesville, Fl. Since that time, offices have been opened throughout the southeast and in the Caribbean. The two service lines of the company are ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR primarily provides day laborers for the construction trades, but also places a number of unskilled, semi-skilled and skilled employees in longer term positions in a variety of industries and settings. ACTION LABOR'S focus is to provide 1 to 100 or more workers for skill-specific assignments, as well as supervised teams for assembly, packaging, hospitality and other industries, where a vendor managed workforce proves cost-effective. The company's consistent pursuit to improve deliverables to clients has been a cornerstone of the success we've experienced in STAFFING CONNECTION'S School Crossing Guard (SCG) unit. Led by Carole Greenich, who has over a decade of experience and is a respected guardian over the safety of our children, SCG has become an active partner of many county and sheriff safety initiatives. She and others on her staff routinely visit with school principals and staff to review concerns or issues and speak directly with parents, teachers and children regarding safety procedures. Carole believes that this level of involvement is not a "Value- add", rather a responsible role of SCG as part of the partnership created. On the following pages you'll find a list of initiatives and action steps to assure a successful transition to a professionally managed program for School crossing guards for BROW ARD, PALM BEACH, DADE AND LEE COUNTIES. We look forward to working with you and in return, begin to implement our recruitment, orientation and supervision procedures, whose single goal is the safety of our children. On-going.. . Promote a referral bonus program for SCG employees to help recruit new individuals for open positions. All employees, upon reaching certain minimum hour requirements, will be awarded a vacation pay bonus by SCG. A safety bonus is paid to ALL employees monthly, if STAFFING CONNECTION has an injury free month. All employees with perfect attendance for six months straight, becomes eligible for a drawing of 3 monetary prizes. Each month an individual is chosen to become EMPLOYEE OF THE MONTH receiving a certificate and a bonus. Training/operations.. . SCG will facilitate on going training. Sessions to be held weekly until all guards are trained, then as required for all new personnel hired. Carole Greenich, Joanne Duty, Nancy Jiminez and Vicki Miller are certified crossing guard trainers on Staff. In addition, there are 25 supervisors who are certified by the State Of Florida, to train in their respective cities. SCG will administer all necessary crossing guard regulatory forms and other paperwork as required by the State of Florida. After January 1,2005, institute annual retraining course. Assure that all supervisors are State Certified by the Florida Department of Transportation. Each school crossing guard, will be issued a STAFFING CONNECTION/SCG photo ID name tag to be worn while on their respective post assignment. An SCG Supervisor will be responsible for verifying all posts are covered each day and that all guards are on their posts for the required time period. An SCG Liaison manager will travel with the supervisor on a established periodic basis to each post to assure that policies and procedures are being followed. An SCG Liaison manager will meet with all crossing guard supervisors weekly to verify accurate reporting of time and address any issues that have arisen. All SCG employees will be offered a vacation pay plan and have opportunities to compete for bonus programs. All SCG employees will be covered by STAFFING CONNECTION'S liability and worker's compensation insurances. ASAP implementation... Upon approval of contract, STAFFING CONNECTION will: Obtain all names, addresses and phone numbers of full time and substitute school crossing guards. Create a welcoming letter and introduction package and mail to all names provided. Begin background and reference checks on all newly registered and hired guards as well as drug testing. Ensure that all crossing guards have been trained to the "Florida School Crossing Guard Training Guidelines". Send letter of introduction to each school's principal so a reference can be on hand for any teacher, parent or Resource Officer who wish to contact us. Prepare recruiting ads and flyers and make available at each school for those who might be interested in a school crossing guard position. Begin extensive recruiting campaign, including presentations at condo and homeowner's associations, local print advertising and use of other medium to assure a complete workforce is in place prior to the new school year. On your part... A primary contact person will need to be identified who can help with situations which require immediate attention. Use of existing equipment with inventory done by the CITY OF BOYNTON BEACH. Replacement of new equipment will be at the expense of STAFFING CONNECTION. INFORMATION ON STAFFING CONNECTION: STAFFING CONNECTION 1280 SOUTH POWERLINE ROAD #25 AND 26 POMPANO BEACH, FL. 33069 PHONE # 954-979-8644 FAX # 954-979-7856 TOLL FREE NUMBER: 1-866-353-7008 CAROLE S. GREENICH MANAGER SCHOOL CROSSING GUARD DIVISION JOANNE DUTY CROSSING GUARD LIAISON NANCY JIMENEZ RECRillTMENT SPECIALIST VICTORIA MILLER LIAISON FOR PALM BEACH COUNTY CORPORATE OFFICE: ACTION LABOR 900 OSCEOLA DRIVE # 222 WEST PALM BEACH, FL. 33409 PHONE # 561-683-1211 FAX # 561-683-3375 PRESIDENT AND CEO OF ACTION LABOR/STAFFING CONNECTION IS KAREN HOOVER. CFO OF ACTION LABOR/STAFFING CONNECTION IS JOHN PETERS STAFFING CONNECTION DOES SCHOOL CROSSING GUARDS ALL OVER THE STATE OF FLORIDA. AUTHORIZED INDIVIDUALS-STAFFING CONNECTION OFFICE: CAROLE S. GREENICH MANAGER JOANNE DUTY . CROSSING GUARD LIAISON NANCY JIMENEZ ADMINISTRA TIVE RECRUITMENT SPECIALIST VICKI MILLER STAFFING CONNECTION TRAINER PALM BEACH COUNTY KAREN HOOVER CEO AND PRESIDENT STAFFING CONNECTION/ACTION LABOR EXPLANATION AS TO WHY STAFFING CONNECTION/ACTION LABOR IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF BOYNTON BEACH. STAFFING CONNECTION/ACTION LABOR is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GREENICH, JOANNE DUTY, NANCY JIMENEZ, AND VICKI MILLER, who currently handle (19) city contracts throughout Broward, Dade, Palm Beach and Lee Counties. All individuals are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Tri County Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. STAFFING CONNECTION/ACTION LABOR has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open comers, where in a moments notice, a tragedy could occur. Accessibility to all staff Members is extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls are answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, STAFFING CONNECTION/ACTION LABOR provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POlv1PANO, LAUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE, SUNRISE, LEE COUNTY SHERIFF'S DEPARTMENT, PALM BEACH GARDENS, HOMESTEAD, DANIA BEACH, BOYNTON BEACH, HALLANDALE BEACH, WILTON MANORS, TOWN OF JUPITER, CITY OF FT. MYERS, TOWN OF PEMBROKE PARK AND CITY OF GREENACRES PAGE 2 As of JANUARY 2005, this division is in negotiations with 11 additional cities throughout Florida, for Crossing Guard Services. STAFFING CONNECTION/ACTION LABOR was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making STAFFING CONNECTION/ACTION LABOR a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and exceptional Temporary Employee Benefits. STAFFING CONNECTION/ACTION LABOR has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote fair and honest employment practices. STAFFING CONNECTION/ACTION LABOR is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. STAFFING CONNECTION/ACTION LABOR believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. ADVANTAGES TO USING STAFFING CONNECTION: 1) UNIQUE RECRUITMENT SKILLS MAKING STAFFING EACH POST A REALITY. 2) MANDATORY TRAINING DONE ACCORDING TO "FL. SCHOOL CROSSING GUARD GUIDELINES" BY OUR CERTIFIED STAFF. POST OBSERVATIONS DONE AS WELL AS ALL PAPER WORK COMPLETED AND SENT TO THE STATE. WEEKLY TRAINING CLASS'S HELD FOR NEW RECRUITS. 3) DAILY MAINTENANCE OF ALL GUARDS 4) 24 HOUR ANSWERING SERVICE WITH A TOLL FREE NUMBER. 5) BACKGROUND AND DRUG TESTING ON NEW HIRES. 6) PAYROLL AND END OF YEAR DISTRIBUTION OF TAX STATEMENTS 7) ALL GUARDS COVERED BY STAFFING CONNECTION LIABILITY AND WORKMEN'S COMPENSATION. 8) STATE CERTIFIED SUPERVISORS 9) WEEKLY PAYROLL WITH BENEFITS FOR SCHOOL CROSSING GUARDS. TRAINING ALL TRAINING WILL BE DONE BY STAFFING CONNECTION/ACTION LABOR. STAFFING CONNECTION/ACTION LABOR DOES NOT USE SUB- CONTRACTORS FOR TRAINING OR ANYTHING ELSE. ~_. _ ._~.;-"._- _....-- _ >',. :q,...,- ,-,:.- , ~ ~- /",,- ~K (, -\~y :~"'::~~,:?J?:::::::;:.~,-;/.:..:::<~'::7;.~,:y<-~", - .-"'~-'."':~:;)?;.~..~.:?:--:-:;_/ ~.~. \/ ^... If:\ 0'.. ./" rt", ~"'-.., ~ ,I'." 1'-,. .~'. , . -, . .:..;,":...-" . "" . ,'- '" r'"\ _/ 6.00. f-\.-.... A _. ~, .-.. (.\ ~ r:> .~, ,r, ~_ ^.-+co 1-, -'C!-..... ,I':'., "'1'.. 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"I-t ~ t= = :+ ~ = ~ $-t , " , ~ i c CI) Cf) e Q. CI) c o =+= Q) - 0- ... t I i gj)' ~, I' I' If I ,~ iff: ;:';::='~',-, =E Q) U o o ..c .0 (/') <., '): j' ,4- t;f , ~ .. ,':[).')\ ~. .,/ t.. I ~ , ... ::" ). <: <. ,~ ,. (, ~ t (. " '~. .< . "':-'. . , , ! ~. ,~ ,~ "," .0': '\'. , . '-'./ . ,+- .: !.. : f t : -+,.. '9":;:::0" f ;~\(, '..:./,: - ~.~ ,..' <,' : ....,";".j, '. . '=-':'->) ".: : , :::;,;.':-:,:..... ::: r~~~.~.!':,f~{\ , v:t;::t><{ i &~:'2:;:{:; : ~",:'(~ \::'. ~.::JJ/./:;: " ~. '. , : ft. " '''''. : ,+' ""'-, 'ED).') ,-, - ....., . ,~~ .;. .(. ... " ';-'. 'b':"J '.' .-.-. ,~t....<., ! ~\ 2\':;\~~. f,,; ::'J!/', ..):. '!I~~..: ~:' DRESS CODE All School Crossing Guards must abide by the DRESS CODE Set by STAFFING CONNECTION. THERE ARE NO EXCEPTIONS TO THIS RULE! Proper dress for all guards consists of the following: 1) Black or dark navy blue pants, skirts or shorts; (short shorts are not permitted) 2) A plain white shirt or blouse with NO writing on the front side; 3) Sneakers or tie shoes. BLUE JEANS OF ANY KIND OR SANDALS ARE NOT PERMITTED! You must always have your VEST, GLOVES OR STOP SIGN, PHOTO ID BADGE AND WHISTLE on at all times. If you come to work without these, you will be sent home. When you wear a raincoat, please make sure your VEST is worn over top of the coat. MEETING REQUIREMENTS: EQUIPMENT: STAFFING CONNECTION/ACTION LABOR CURRENTLY USES ALREADY PROVIDED EQUIPMENT (AFTER INVENTORY BY THE CITY) CONSISTING OF STOP SIGN, wmSTLE AND REGULATION VEST. IF THE CITY DESIRES ADDITIONAL EQUIPMENT OR ADD ON EQUIPMENT, STAFFING CONNECTION/ ACTION WILL PROVIDE WHAT IS NECESSARY. SUPERVISORS: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO VICKI MILLER EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR ADDITIONAL HOURS A DAY AND THE GUARDS WILL BE PAID FOR ACTUAL HOURS WORKED PER DAY. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO STAFFING CONNECTION/ACTION LABOR AND ARE WORTH HISIHER WEIGHT IN GOLD. WE CURRENTL Y HAVE 25 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. ALL SUPERVISORS ARE STATE TRAINED AND CERTIFIED. PAGE 2 SUBSTITUTIONS: STAFFING CONNECTION/ACTION LABOR WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIMES, TO FILL IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND A V AILABLE FOR MAIL EVERY FRIDA Y. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKL Y BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COpy OF THE TIME SHEETS ATTACHED. BADGES: STAFFING CONNECTION/ACTION LABOR CROSSING GUARDS WILL HA VE PHOTO ID BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY STAFFING CONNECTION/ACTION LABOR LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. PAGE 3 TRAINING: ALL TRAINING WILL BE DONE BY STAFFING CONNECTION/ ACTION LABOR STATE CERTIFIED STAFF. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY STAFFING CONNECTION/ACTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DA YS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAY. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. GUARD BONUS PROGRAM 1. $25.00 REFERRAL BONUS PAID TO GUARDS REFERRING INDIVIDUALS TO WORK IN THE CITY OF BOYNTON BEACH. 2. $5.00 SAFETY A WARD PAID TO ALL GUARDS MONTHL Y, IF NO ACCIDENTS OCCUR WITHIN ALL THE CONTRACTED CITIES. 3. ELIGIBLE FOR YEARLY DRAWING FOR PERFECT ATTENDANCE. ($50.00 AWARD) 4. $25.00 A WARD PAID TO EMPLOYEE OF THE MONTH. 5. ELIGIBLE FOR VACATION PAY AFTER WORKING REQUIRED HOURS. PART 11 BACKGROUND CHECKS All STAFFING CONNECTION/ACTION LABOR School Crossing Guards are background checked prior to filling out an application. DRUG-FREE WORKPLACE STAFFING CONNECTION/ACTION LABOR is a designated DRUG-FREE WORKPLACE. All applicants are tested for illegal substances prior to filling out an application. O.S.H.A. REQUIREMENTS STAFFING CONNECTION/ACTION LABOR IS A CERTIFIED O.S.H.A. TRAINING COMPANY WITH AN EXCELLENT SAFETY RECORD. INSURANCE: STAFFING CONNECTION/ACTION LABOR will provide Liability and Worker's Compensation, as we currently do in all contracted cities. (Sample copy included) Upon awarding of the bid, the necessary Insurance Certificates will be supplied to the CITY OF PALM BEACH GARDENS. All certificates will reflect the necessary coverage as stated in the bid document. === ACqRD. CERTIFfCA TE OF LIABILITY INSURANCE OF'IO 54 DA.TE IMMIDoM"YYJ ACTI005 05/10/05 . PFlOOUCER THIS CERTIFICATE IS ISSUEOAS A MATTER OF INFORMAnON ONI. Y AND CONFERS NO RIGHTS UPON THE CERllACATE SellerSKUYkeodall, LLC (RP) HOLDER. THIS CERTIFICATE DOEs NOT AMEND, EXTEND OR 1560 orange Avenue, Suite 750 AI. TER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Winter Park ~L 32789-5552 Pbone:~07-894-5431 Fax:407-629-6378 INSURERS AFFORDING COVERAGE NAle # lNaURCD " ..., .~-_. INSIJHF.~ A' Lf'x!.nQ't.on %'n6\1....nc:. COI\P.ny INSURER B. A. I. ". -...- Acti.on Labor Matlat;lemetlt, LLC : INSURCR C: 900 OSceola orivefLsuite 222 INSURCR D. West Pa~ Beach, 33409 INSURC:Fl E: COVERAGES 71 C POLIce or INSLlRANCEl.If:reo BELow HAVE B:EN ISSUED TOlHE INSURED NAAtEo ABOVE FOR THE POl.ley I"Cll/otl 1N'''>IC.l\r~. NOrWn/iS"ANjllN(; /IN'( REClIIREMENr. 'reRl.I OR CONOrTlON OF my CONTnAcr 0It O'THER ~ W/TK ~SPECT TO WH/r.H rHls ,:1-1-/ J I~ 'Ol./f- WlY H~ I:,SU'() 01-/ M..y I'!:RJA/N, lit: INSulANr.2; AH-Clltlll,lI HV 'HI:: f'our;J/:S rll:S(:HI!lI:tl Hl::1lt:1N 11-: ~ai.lf-r:I 10 AfI IHI- rf-~M:.;. rXCL.USIONS /\NO CONOITIONS or. sue" Pot/ClCS AG~An:: LIMlm GHO\MoJ MA.Y Ho.VE BEEN REDLlCED BY PAID CI.AJMs. POI.lCY EXPIFlAilON - _. "-00. -. ... LTR "'all!: ~~ 01' INBl..IItANe~ POLICY NUMBER tlA TE IMWDO/YYI OA n; (MM/l)OfYYl l.IMlTs ~l1NERAI. l.IABL/lY DlCl r occ~C!: f.1,~o, 000 OAM.e.G'EiO'RENrEo - ... A X COMMEH!':JAI "~Nf-HAI J IIJolIlIT Y 2897571 01/01/05 01/01/06 PRCMlseS (C!l. occurDnccI f50,000 I ClAIMe W\l.>!:: L~J OCCUlI MI:Il DCP (Mj. 0"" pcr:on) f nil f-- PrflSONII/ I. MN IN.IlJRV fl,OOO,OOO -. . .. . . ". GI;~ AGGRE:G^1'F' f2,OOO,OOO. -" '" Grill ^GG~G^'lE' l.IMIT APP'l.IES PER' I'RODUCTS - c:ot.rlOl> ADG $1.000,000 -, POlICV r 1 j~ r"hoc E:mp Ben. 1.000,000 ~OMOfllLE LlABIlJTY COMi)JNCl) S/NGl.C l.IMrr $1.000,000 B ~ IWV AUro 1469182 01/01/05 01/01/06 Ie.. .o,"dor~' '-- ALl. 0WIIeD AUTO:l BODILY IN.lL/Ily SCH:DUl.EO AUTO!; (f"...,- I'+l'SMJ r ~ ..... . ... .. . . - . .. '-- HIRED AUTOs: BODR.'( INAAY (f'er 8CC10ant) r NON-OWiIED AUTos - "'. '''-. --.-- ..-.- P~C)J.>OI-/'I y lJJ'IWI.cor $ (...... lttcinerrJ GAAAGE l.JA9IUTY Il1JTO ClIf.. V "^ ^,'CIDCNT f '- :/IWY ...LTlO 0l'Hl=F/ THMI h^ACC f AUTO ON!. Y: f\GG f .- ~>:e~&'lLIMaRal.A LlASIUTY E>.CH OCCl.JlRENcE $ 0. U OCC".lJR CLAIMS IINIDl:: ACCRECATE S $ R ,LI€(ll.lCnfll r s RETENnON $ oS WORl~s COM1'OISJ.TlON A.IID X IrQR'r tl~ I 1~~. EMPLoYERS' UASIl./TV .. .. .. S mv AACJI>~,nor.t"'AA7Nrruoa-C1.mVC 831382 Ol/Ol/OS 01/01/06 /:.1.. !:ACH ACCIDf:Nr $ 1.000000 OrilCf'T/MrNf'lrR DCCtLlDEO? . .,.. ., '--- --. ~:"tR~'(,rrlO~ b6law .~?!~"!=~.. !:....!:Ml.l.O~ $ 1000000 E.l.. DISEASE. POLICY l.IMIT $1000000 O'll4ER . CI;SC~JI'rloN 01' OPEAAT'ONS !l.OCATIONS! VEHlC!.ES J EXCLLlSlONS AJ:)DEO BY ENDORSEMEl-rr! Sf'ECIAl PROVIS'ONS T~orary staffing Firm Fax: 561-683-3.21S2 CERTIFICATE HOLDER CANCELLATION I CHOULD /\NY OF THE; ABOVE OEecRlSEO POUCIEB BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE '~UlN,C; INB~ WILL ENDEAVOR TO MAn. 30 DAY&' WRITTEN Nonce TO THE CERnFic"'~ fjOU>~ NAMED TO TIre I.EFT. BlJT' FAILURe TO DO so Sti...I.L IMI'OSE NO OBl.IGAnON OR Llf\Illt.rrv OF ANY KIND I,IPON Tl1E INSURER. IT'S AGENTS OR CORD 25 (2001/08} c @ACORD CORPORATION 1988 I I I t I ~ ! -1\ I I 1 I I ~ I I I [ I I I I I I I I I Z a:O w..... Z: ~ ::;:; 04.: -' d Z "', ~~ :;).~ 8 ~~- o ~- <( ..:0' w j :E <( ;~ Z--" cn3 z ~. ffl ji Q '-'.' Z.t:.. ~o ~~g~ ---'------- ---- ~----._---- .": :: :..:;::;~:::: ~ ::.::l::::::.::: :.::::;:Z:: ~ :.::::~::::: :: :.::::<:":::: ::::::i::: ~ :':~:>::::..::: ::::::;:::: 1:: :~~::::::::.: :::::.;:::: .': :,~:~::::.: :::::;:" -~-----_._-- --------_._---~ EQUAL EMPLOYMENT OPPORTUNITY: STAFFING CONNECTION/ACTION LABOR is an Equal Opportunity Employer and does not and will not discriminate against any person, employee, or applicant for employment, because of race, creed, color, religion, sex, national origin, ancestry, age or disability. REFERENCES FOR STAFFING CONNECTION -SCHOOL CROSSING GUARD DIVISION CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL. 33435 561-742-6163 SGT. STEWARD STEELE CITY OF COCONUT CREEK 4800 WEST COPANS ROAD COCONUT CREEK, FL. 33063 954-973-6730 SGT. TIM BRADSHAW CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL. 33004 954-924-3630 MARY MCDONALD, HR DIRECTOR CITY OF FT. MYERS 2210 PECK STREET FT. MYERS, FL. 33901 1-239-850-6742 MAJOR JOHNSON CITY OF HALLANDALE BEACH 400 S. FEDERAL HIGHWAY HALLANDALE BEACH, FL. 33009 954-457 -1418 CAPTAIN JANINE CHIDSEY CITY OF HOMESTEAD 790 N. HOMESTEAD BLVD. HOMESTEAD, FL. 33030 1-305-247 -1801 LYNN HOCKMUTH, HR. DIRECTOR TOWN OF JUPITER 210 MILITARY TRAIL JUPITER, FL. 33458 561-741-2205 LT. MICHAEL GOAD CITY OF LAUDERDALE LAKES 4300 N.W. 36TH STREET LAUDERDALE LAKES, FL. 33319 954-535-2711 CONNIE S. HULL, HR. DIRECTOR CITY OF LAUDERHILL 2000 CITY HALL DRIVE LAUDERHILL, FL. 33313 954-730-3010 SGT. JOHN RHAMES LEE COUNTY SHERIFF'S OFFICE 14750 SIX MILE CYPRESS PARKWAY FT. MYERS, FL. 33912 1-239-477-1163 LT. LINDA KING CITY OF NORTH LAUDERDALE 701 S. W. 71ST AVENUE NORTH LAUDERDALE, FL. 33068 954-722-0900 SGT. WATKINS CITY OF OAKLAND PARK PARKS AND RECREATION DEPARTMENT 3900 N.E. 3RD AVENUE OAKLAND PARK, FLORIDA 33334 954-561-6264 BRIAN PAGLlAO PARKS/RECREATION CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL. 33410 561-799-4535 LT. JAY SPENCER CITY OF PEMBROKE PARK 700 EAST DANIA BLVD. DANIA BEACH, FL. 33004 954-920-2921 TOM WILDE, ASST. TOWN MANAGER CITY OF POMPANO BEACH 1810 N.E. 6TH STREET POMPANO BEACH, FL. 33060 954-786-4185 CAROL FOLAND PARKS/RECREATION PAGE 2 CITY OF SUNRISE 10770 W. OAKLAND PARK BLVD. SUNRISE, FL. 33357 954-572-2274 MARSHA PETERSON, PURCHASING CITY OF T AMARAC 7525 N.W. 88TH AVENUE TAMARAC, FL. 33321 954-724-2450 DAVID OSTEEN, CODE ENFORCEMENT CITY OF WILTON MANORS 524 N.E. 21ST COURT WILTON MANORS, FL. 33305 954-390-2192 SGT. EDWARD COSTELLO NEW CITY AS OF 8/10/05 ****** CITY OF GREENACRES 2995 JOG ROAD GREENACRES, FLORIDA 33467 561-642-2110 CAPTAIN CHARLES R. ORLANDO PAGE 3 REFERENCES FOR THE CORPORATE OFFICE OF ACTION LABOR AND STAFFING CONNECTION. ACTION LABOR OF FLORIDA, LLC A.K.A. STAFFING CONNECTION 900 OSCEOLA DRIVE, SUITE 222 WEST PALM BEACH, FL. 33409 PHONE 651-683-1211 FAX 561-683-3375 REFERENCES: CITY OF TALLAHASSEE 100 WEST VIRGINIA STREET TALLAHASSEE, FLORIDA 32301 850-891-6882 CURTIS WATKINS CITY OF MARY ESTER 195 CHRISTOBAL ROAD MARY ESTER, FLORIDA 32569 850-243-3566 LEEIFERS CITY OF PENSACOLA 180 GOVERNMENTAL CENTER PENSACOLA, FLORIDA 32501 850-595-1466 STEVE WINECKI CITY OF RIVIERA BEACH P.O. DRAWER 10682 RIVIERA BEACH, FL. 33404 561-845-4057 DONNA HOLDER CITY OF FT. PIERCE P.O. BOX 1480 FT. PIERCE, FL. 34950 561-460-2200 JUDITH NOONE VI.-CONSENT AGENDA ITEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 o December 20, 2005 [g] January 3, 2006 o January 17,2006 November 14,2005 (Noon.) 0 February 7, 2006 December 5,2005 (Noon) 0 February 21,2006 December 19,2005 (Noon) D March 7,2006 January 3, 2006 (Noon) D March 21,2006 January 17,2006 (Noon) February 6, 2006 (Noon) February 21,2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative [g] Consent Agenda o Public Hearing D Bids D Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfinished Business o Presentation } .-.-; -;A-..... d (Cl C') t._CI ,,:,--~ ;.;;0' RECOMMENDATION: A Motion to award "CO-OP CHEMICALS AND FERTILIZER" Bid# 016-1411-(f()7CJIf':.t~ various vendors based on the lowest, most responsive, responsible bidders who meet all specifications,~ith::i~ estimated expenditure of: $134,152.48. ~~ ,::;:; ~ ::c CONTRACT PERIOD: October 12,2005 to October 11, 2006 EXPLANATION: This a joint bid with the City of Delray Beach acting as the lead agency. On August 10, 2005, the City of Delray Beach opened and tabulated thirteen (13) proposals. The award recommendation was based on low bid per item. Some items that were substitutes were submitted and approved for award; and when a tie bid occurred, the award was made to the vendor located closest geographically to Delray Beach for delivery purposes. All recommended vendors are considered to be lowest, most responsive, responsive bidders meeting specifications. Agenda request and Award recommendations memo from Tom Balfe, Parks Manager, and Scott Wahlin, Golf Course Superintendent, concur with this recommendation (see attached memos). Attached also is a summary Tabulation Sheet showing awarded vendors by item #. PROGRAM IMP ACT: The purpose of this bid is to establish firm prices for the purchase of Chemicals and Fertilizer for the various departments. These supplies are ordered on an "As needed" basis and some items are stocked in the City's Warehouse. FISCAL IMP ACT: ACCOUNT# GOLF COURSE (FERTILIZER) 411-2911-572-52-19 GOLF COURSE (CHEMICALS) 411-2911-572-52-21 PARKS DEPT. (FERTILIZER) 001-2731-572-46-97 PARKS DEPT. (FERTILIZER) 001-2731-572-52-21 PARKS DEPT. (FERTILIZER) 631-3110-572-52-21 PARKS DEPT. (CHEMICALS) 001-2731-572-46-97 ESTIMATED ANNUAL EXPENDITURE: $54,000.00 $68,000.00 $4,027.00 $4,168.80 $1,074.00 $2,882.68 $134,152.48 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Last Years expenditure:$105,343.00 ~~ Assist t to the Finance Director ~. CI Manager's Signa -'- Procurement Services City Attorney / Finan e / Huma Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Scott Wahlin - Golf Course Superintendent Tom Balfe - Parks Manager File GOLF COURSE MEMORANDUM #05-014 To: Mary Munro Support Services Administrator From: Scott Wahlin, CGCS Manager, Golf Maintenance IlECE!VED NOV 1 .~ 2005 Cc: Carol Doppler Buyer '-!~~~~~1iJtK):'~':CE~ Re: Co-op Chemicals and Fertilizers Bid #2005-32 Date: November 16, 2005 - Revised Review and Recommendations from Golf Course Maintenance Fertilizers (411-2911-572-52-19) 200512006 - $54,000 I agree with the awards as indicated. Chemicals (411-2911-572-52-21) 200512006 - $68,000 I agree with the awards as indicated except: Item 48 ("Newmacur (3) Liquid", this should read Nemacur 3 Liquid): Neo- Tec is not a suitable alternative as bid by Parkway Research. Neo- Tec does not contain fenamiphos, the active ingredient in Nemacur 3. The next low bid would be Helena at $103.45 per gallon. Item 49 (Nemacur 10G): Neo-Tec is not a suitable altemative as bid by Parkway Research. Neo-Tec does not contain fenamiphos. the active ingredient in Nemacur 10G. The next low bid would be ProSource One at $3.55 per pound. Thank you, 1uw\ Scott B. Wahlin, CGCS RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 05-129 TO: Mary Munro, Assistant To Finance Director VIA: Jody Rivers, Parks Superintendent FROM: Tom Balfe, Parks Manager f;!..d DATE: November 21,2005 SUBJECT: CO-OP BID FOR CHEMICALS AND FERTILIZER I concur with awarding the bid for the following items: COMPANY DESCRIPTION EST. EXPENDITURE ACCOUNT NUMBER Atlantic Fertilizer & Chemical 0-0-20 Professional $286 Company Turf Fertilizer 001-2731-572-46-97 Lesco, Inc. 12- 2-14 Southern $844 Landscape & 001-2731-572-52-21 Ornamental 15-1-15 Professional $604 Turf Fertilizer 001-2731-572-46-97 16-2-8 Professional $280 Turf F erti lizer 001-2731-572-46-97 24-2-11 Turf Fertilizer $2,148 (6 parks) 001-2731-572-52-21 $1,432 (4 ballfields) 001-2731-572-46-97 $1,074 (3 cemetery) 631-3110-572-52-21 Barricade 65 WG $1,425 001-2731-572-46-97 Orthene $112.80 001-2731-572-52-21 Diamond R Fertilizer Company 14-14-14 Plus Minors $1,064 for Shrubs 001-2731-572-52-21 ~-~ ~" I' 1 {- f RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 05-129 PAGE20F2 Pro Source One A ward $328 001-2731-572-46-97 Basagran $362.50 001-2731-572-46-97 Top Choice $1,265 001-2731-572-46-97 Parkway Research Div. Of Brandt Defoamer Non Toxic $26.88 001-2731-572-46-97 Tracker Dye Blue Dye $80 Spray 001-2731-572-46-97 Helena Chemical Company Garlon 424 $204.45 001-2731-572-46-97 MSMA 6.6 $139 001-2731-572-46-97 Ronstar 2 G $198 001-2731-572-46-97 Sencor 75 T.H. $177.60 001-2731-572-46-97 Wetting Agent $101.25 001-2731-572-46-97 Account Totals: 001-2731-572-52-21 $4,168.80 001-2731-572-46-97 $6,909.68 631-3110-539-52-21 $1,074 rr/vlr (/ t c c ~ c. c. c: ~ c. I " w n ~ 9 3 ~ ~ m ~ m :Xl () o z -, ;v ?' ~ w rn ~rn ,,0 ~~ .. CD~t: f/);(o 0 ...." g~~ ": !'-lie "'0 <D<D ~lll . '" w '" '" w '" ~N68N~ g ~~~ ~~ -\{Jl~0l{Jl~ ~~ ~~ ~ (fI (j) f!' ~ .. 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CI>? ~ o o '" o :x: m s: n ~ n en -i )> -< i5!!!~ ..,00 m~m ~~!ii E:r~ ~~m ill ~ o 0 o :x: 6 'll III C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.3. Requested City Comrnission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6,2006 (Noon) [g] January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative 0 Development Plans [g] 0 C) NATURE OF Consent Agenda New Business rl AGENDA ITEM r> D Public Hearing 0 Legal 0 D ~, Bids UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report 1..0 ("--)---1 _~~___, -E.... ~.....c::; ()1 RECOMMENDATION: A Motion to approve the "Surplus Vehicle/Equipment List" forty seven (47) items a'l" submitted by Public Works/Fleet Maintenance and allow for the sale of same. .''''--' ""';C1 _'rr1 f~~ :I: EXPLANATION: Procurement Services has reviewed the "Surplus Vehicle/Equipment List" forty seven (47) items as submitted by Public Works/Fleet Maintenance Division (see attached memo #05-124). Utilizing the City of Boynton Beach disposal process for surplus vehicles will allow the vehicles/equipment to be auctioned and generate revenues to the Fleet Maintenance Funds. Procurement Services requests Commission's review, evaluation and approval to sell the surplus property. PROGRAM IMP ACT: The disposal of surplus vehicles/equipment will provide inventory control maintenance and allow for receipt of revenues through a process monitored by Procurement Services. FISCAL IMP ACT: The revenues generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund in the following account: Revenue Account: 501-0000-365-01.00 Procurement Services ~~ Assistan to the Finance Director S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC C: Jeff Livergood - Director of Public Works Tim Calhoun - Fleet Administrator File TO: THRU: FROM: SUBJ: DATE: PUBLIC WORKS DEPARTMENT MEMORANDUM #05-124 Mary Munro, Assistant to Finance Director Jeffrey Livergood, P.E., Director of Public Works~Qv Chris Roberts, Deputy Director of Public Works CA'- Tim Calhoun, Fleet Administrator1(. Surplus Equipment November 15, 2005 ~CEIVED c ot 2005 ":~J:,.tfflrf SERViCES The resources listed in this memorandum are surplus. Each unit is scheduled to be replaced with a new, updated vehicle or are a fleet reduction. We request the approval of the City Commission to sell these excess resources through local auction or sealed bids when the new vehicles arrive. ID # Year Make Model 4 1998 62 1999 133 1997 145 1995 182 1997 314 1995 315 1995 526 1995 561 1995 659 1995 826 1998 839 1997 1071 2000 1073 2000 1074 2000 1075 2000 1076 2000 1078 2000 1085 2000 1087 2000 3006 2000 3007 2000 4023 2000 4108 2001 4302 2003 4303 2003 4304 2003 4305 2003 4306 2003 4307 2003 Ford 5 Dr. Wagon-Taurus Volvo Automated Refuse Ford P/U - 3/4 ton - 4x2 GMC Step Van - 1 ton - 4x2 Ford Vac Con Ford 1 Ton Passenger Van Ford 1 Ton Passenger Van Chance Transit Bus, Palm Tran Chevrolet - Cargo Van - 3/4 ton - 4x2 Ford 1/2 P/U Animal Transport Ford Crown Victoria Freightliner ALS Ambulance Int 1 Peterson - Loader - Rear-Steer EVO Side Loader - Refuse Volvo Heil 7000 - Refuse Volvo Heil 7000 - Refuse Volvo Heil 7000 - Refuse Int/Labrie Recycler Mack Front Loader Mack Front Loader Chevrolet - 4 Dr. Sdn - Mid-size Chevrolet - 4 Dr. Sdn - Mid-size Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Vin # 1FAFP57U2WA184510 4VLDBKHE8XN77 4588 1 FTEF276XVKC47998 1 GDJP32K4S3502216 1 FDZW82EOW A26472 1FBJS31H8SHB15314 1FBJS31H5SHB15318 1 C9M2RAS4SW535777 1 GCGG35K6SF234407 1FTEF15YXSNB25487 1FAFP57U6WA184509 1 FV3GFBC6WH890800 1 HTSCABN5YH255984 1 L9AF59BOYK006329 4V2EC2HE6YN257216 4V2EC2HE8YN257217 4V2EC2HEXYN257218 1 HTSDAAN9YH247899 1M2K195C1YM015152 1 M2K195C7YM015267 2G1WL52J9Y1249569 2G1WL52J8Y1250390 2FAFP71W1YX161316 2FAFP71W41X155970 2FAFP71W03X113900 2FAFP71W23X113901 2FAFP71W43X113902 2FAFP71W63X113903 2FAFP71W83X113904 2FAFP71WX3X113905 Condition High Miles Ext. Poor Ext. Poor Ext Poor Ext Poor High Miles High Miles Obsolete Poor Poor High Miles High Miles Poor Ext Poor Poor Ext Poor Poor Rusted/Poor Ext Poor Ext Poor High Miles High Miles High Miles High Miles High Miles Poor Poor/High Miles Poor/High Miles Poor/High Miles Poor/High Miles ID # Year Make Model 4309 2003 4314 2003 4315 2003 4316 2003 4320 2003 4808 1998 4903 1999 4904 1999 8024 1999 8095 1991 8115 1994 8131 2003 8508 1999 8510 2000 0006 2001 4703 1997 8108 2000 Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford SUV - 4x4 Ford Crown Victoria Ford Crown Victoria Tractor, Poor perf, Upgrade early Lesco Mower CRE Utility Trailer Trailer Mounted Vac Con Toro Utility Truckster TORO Sand Pro Chevy Malibu Ford Crown Victoria Ditch Witch Trencher Vin# 2FAFP71W33X113907 2FAHP71W23X170866 2FAHP71W43X170867 2F AHP71W63X170868 2FAHP71W83X170872 1 FMRU18W1WLA41993 2F AFP71W4XX182143 2FAFP71W6XX182144 031017319 3GD2661 1C9CE202XQF127842 5HZBF16143LB31100 90142 200000159 1 G1 ND52J01 M579233 2FALP71W5VX143285 3T1 048 Condition Poor/High Miles Poor/High Miles Poor Poor Poor Poor/High Miles Poor/High Miles Poor/High Miles Poor Poor Ext Poor Trade In Poor Poor Fleet Reduction Wrecked Fleet Reduction VI.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Tumed in to City Clerk's Office o December 6, 2005 [g] December 20, 2005 o January 3, 2006 o January 17,2006 November 14,2005 (Noon.) December 5, 2005 (Noon) December 19, 2005 (Noon) January 3, 2006 (Noon) NATURE OF AGENDA ITEM D Administrative [g] Consent Agenda D Public Hearing o Bids o Announcement o City Manager's Report Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D February 7, 2006 D February 21 , 2006 D March 7,2006 D March 21, 2006 January 17,2006 (Noon) February 6, 2006 (Noon) February 21, 2006 (Noon) March 6, 2006 (Noon) D Development Plans D New Business D Legal o Unfinished Business o Presentation RECOMMENDATION: A Motion to rescind the contract for "DESIGN & CONSTRUCTION ADMINIS,!l;UtIojl SERVICES FOR THE FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE ~TY~Q], BOYNTON BEACH", RFP#019-2413-03/KR that was approved by Commission on May 6, 2003 to Syst~ GrllUP~ Inc. of Reston, VA ! . . C'~. ..,~, EXPLANATION: On May 6, 2003, Commission approved a contract with Systech Group, Inc. for F~ AlMm upgrades and replacement for the City of Boynton Beach. Since we solicited this RFP, many of the facilities:outl~ in the project may be eliminated from our inventory within the next five (5) years. Therefore, staff has recoiiiine~ to rescind the contract. According to the terms and conditions of this RFP we have the right to terminate tlii;; contract. W ,-;-, (-; -'- PROGRAM IMP ACT: Once we terminate this contract with Systech Group, Inc., we would utilize our current vendor Simplex-Grinnell, that is a General Services Administration, (Federal Government Contract) recognized vendor to replace just fire alarm panels that are malfunctioning and non-repairable. FISCAL IMPACT: By canceling this contract and utilizing our current vendor, the cost savings would be: BUDGET ACCOUNT#: ESTIMATED SAVINGS: CIP 302-4101-580-62.01 $16,200.00 ~nt~irector Procurement Services S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-127 TO: Mary Munro, Purchasing Agent Finance Department Jeffrey R. Livergood, Director of Public Works ..JftL Paula J. Leblanc, Facilities Management supervisor(;}- November 22, 2005 VIA: FROM: DATE: RE: Fire Alarm Upgrade I would like to cancel our contract with Systech Group, Inc. and take a different approach to our fire alarm needs for the City. The new approach that I am proposing would not only save us needed C.I.P. dollars by replacing only the malfunctioning units, but will also give us a chance to re-elevate the future fire protection needs of our facilities with the continuing assistance of the Fire Department. In anticipation of your needs for documentation for the Agenda Item and for legal, I have attached copies of PW Memorandum No. 05-123, Invoice No. 03011.10, and the Consultant Agreement with Systech Group, Inc. Please contact me at Ext. 6205 for any additional information you need in order to process this contract cancellation. Attachments (3) Copy: Rodger Kemmer and Rick Lee, Fire Department (w/o attachments) Christine Roberts, Assistant Director of Public Works (w/o attachments) PW Files Facilities Files - Fire Alarm Upgrades S:\PW\Coorespondence DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 05-123 ~V " \" ",J :\\ {\ _ . (1 , -0 v..,u v-' /\ L ,ll:, , .Ie ,. \ \IC'^ V\. (Di \ f/' rf'.rL P-~ f\ ,~c~. /' "Yl/'" \ ~ \ 'J.{'- \ f- -J'':\{ '\r..{~/ CC ~, ~I - 'n. ~".!~ ~ ~ \~ ~) <-yo THRU: Jeffrey R. Livergood, Director of Public Works Christine Roberts, Assistant Director of Public Works (~1.... TO: FROM: Paula J. Leblanc, Facilities Management Supervisor DATE: November 14, 2005 RE: Fire Alarm Upgrade After Thursday's C.I.P. Meeting, I gave the project for the Fire Alarm Upgrade more thought and I would like to propose the following plan of action with your approval and assistance. Presently, I have Invoice #03011.10 from the Systech Group for $9,000 and they are already calling for payment. The invoice is for Construction Admin FY4 (Fiscal Year 4) which they are billing at 100%. I believe this is incorrect since we haven't even gone to bid yet, therefore, we cannot be in the construction phase. Also, the Consultant Agreement refers to payment being for services rendered. If we terminate the agreement, my thoughts are that they will need to submit an adjusted invoice or possibly cancel the invoice noted above. But, that aside, I believe that it would be in the City's best interest to terminate the contract since many of the facilities outlined in the project may be eliminated from our inventory within the next five years. In accordance with the Consultant Agreement, the City has the right to terminate this agreement just by giving ten (10) days written notice. I would propose that once we terminate the Consultant Agreement with Systech, we use our current vendor, Simplex-Grinnell, who a G.S.A. contractor to come in and replace just fire alarm panels that are malfunctioning and non-repairable. Presently, we have a panel in the Police Station and one in Fire Station #1 which need to be replaced. Simplex-Grinnell would be required like any contractor to pull a permit which would ensure that the fire and building codes are met, therefore, eliminating any need for an outside engineer/architect to supervise the job. I will await a response from you prior to making any payments or moving in any direction with this project. Thanks. Copy: PW Files Facilities Files - Fire Alarm Upgrades J-;;+I-- , . \' .:r- CJ7/kC'- -Mal we- d~,Jc~ {'d-,cd -ff;e ~k-t- , u/Sj>hh __} d I - ') -/<2- AJ.{)J\l -A.r.i1.t..j7 OJ '7 dl. ? , cf- !(t::pJV/ ./. . . il.. II )).Jl1d::; U1 j"'11 ~ II-np / (:":1- -. L)1e ".'Ul(::. LTFl;. 11'~ I J. .. J,<; __1 tl,,",.. ..7b'.!i'l ,. 1 /.' i)",. . _I. It.)t I l....,.) 71'c..- (.~.' . I,> /.r-'l, ,L ;(, ~J A.V;. "7- .' /;0 .-. , . .,.... ('-, ~r -+ -" ": '. ? _).." " ,J, -<, ,'. ,'\. 2.~. ::) .. ~..~ , J '-}~ ~ ,'11!.,,"Y1 J ~ . S :\PW\Coorespondence ~ SYSTECH GROU~ INC. 11260 Roger Bacon Drive Suite 501 Reston, VA 20190-5203 (703) 759-9600 FAX (703) 759-3813 E-MAIL SGI.@AOLCOM .. Th'i City of Boynton Beach Attn: Ms. Carol Doppler 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton, Beach, FL 33425-0310 BILLING ITEM Phase 1 Survey FYI: $9,000.00 Phase 2 Survey FY2: $6,000.00 Phase I Design FY I: $5,400.00 Phase 1 Design FY2: $12,600.00 Phase 2 Design J;'Y2: $12,600.00 Construction Admin FY3: $9,000.00 Construction Admin FY4: $9,000.00 Construction Admin FY5: $7,200.00 . Total Contract: $70,800.00 Billed-To-Date: $63,600.00 (90%) j-'n(lcipal Approv~1 Project ManagerApproval l\ccounting ~ 6.dministrative ~ P.O. NUMBER 050294 1.5% Service Charge On Unpaid Balances After 30 Days INVOICE DATE INVOICE NO. 10/1/2005 03011.10 PROJECT City of Boynton Beach Fire Alarm Upgrades & Replacement As Of 10/01105 TERMS REP Net 30 DW FEIN: 54-1313213 % COMPLETE: VALUE PREVIOUS VALUE 100%: 9,000.00 100%: 6,000.00 100%: 5,400.00 100%: 12,600.00 100%: 12,600.00 100%: 9,000.00 100%: 9,000.00 0% 9,000.00 6,000.00 5,400.00 12,600.00 12,600.00 9,000.00 0.00 0.00 Total AMOUNT DUE 0.00 0.00 0.00 0.00 0.00 0.00 9,000.00 0.00 $9,000.00 CONSULTANT AGREEMENT DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM UPGRADES AND REPLACEMENTS . THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and SYSTECH GROUP. INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform DESIGN AND CONSTRUCTION ADMINISTRA TION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH. . 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified in the Request for Proposal documents and specifications as provided on Exhibit "A" attached hereto. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement over a five-year period, from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed .$72.000.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) 'ears after final payments. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the, City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. · 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold hannless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONSULTANT. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, an y fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this w;;rranty. the City shall have the right to annul this contract without liability or, in its d' . :C[1 on to deduct from the contract price or consideration, or otherwise recover, the full a::,lr of such fee. commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRTh1INATION PROIllBITED. THE CONSULTANT, WITH REGARD TO THE WORK PERFORMED BY IT UNDER THIS AGREEMENT, WILL NOT DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, REliGION, CREED, AGE, SEX OR THE PRESENCE OE ANY PHYSICAL OR SENSORY HANDICAP IN THE SELECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF . . MATERIALS OR SUPPLIES. 12. ASSIGNMENT. The Consultant shall not sublet or. assign any of the services covered by this agreement without the express written consent of the City. 13. NON- WAIVER. WAIVER BY THE CITY OF ANY PROVISION OF TIllS AGREEMENT OR ANY TIME LIMITATION PROVIDED FOR IN THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) clays written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the proj~t,the surviving members of the Consultant hereby agree to complete the work under the teims of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any disp~te arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall he sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Jeff Livergood Notices to Consultant shall be sent to the following address: SYSTECH GROUP. INC. 11260 ROl!er Bacon Drive. Suite 501 Reston. VA 20190 ro A ., 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, repres,entations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this ~ day of ~ ,20~. CITY OF BOYNTON BEACH J2~~ City Manager SYSTECH GROUP, INe. CJ~~L Consultant Attest! Authenticated: 9--~..J ~;0'J Title ~m. Ci Clerk (Corporate Seal) Approved as toForm: Attest! Authenticated: ~----cL Office of the City Attorney Secretary ~CItJ CJ~eL Rev. 11]2/<)] r.\ I EXHIBIT "A" SPECIFICA TIONS FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS Section 1 - Submittal Information A. The City of Boynton Beach will receive RFP responses until Januarv 28. 2003 . at 2:30 P.M. (local time) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide ,the City with design and construction administration services for fire alarm system upgrades 'and replacements over a five-year period. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their response .delivered to Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Responses which anive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the response and prior to the award being made. C. These responses will be publicly opened and read aloud in Procurement Services after the designated due date, on January 28. 2003. at 2:30 P.M~ (local time). All proposers or their representatives are invited to be present. Procurement Services is located on the second floor of City Hall, 100 E. Boynton Beach Boulevard. D. Questions pertaining to this Request for Proposal should be directed to the Bill DeBeck. Proiect Manaeer. at (561) 742-6486. from 8:00 a.m. to 5:00 p.m.. Mondav throulili Fridav. E. A Mandatorv Pre-Proposal Meetine is scheduled for January 6. 2003 at 10:00 A.M. (local time), to be held in Conference Room 'C", City Hall, West Wing, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida. Proof of attendance will be indicated by the Proposer's signature, or their appointee, on the attendance sheet provided at the Pre-Proposal Meeting, F. A Mandatorv Site Inspection Tour of City Facilities will be conducted immediately following the Pre-Proposal Meeting. Site Inspection Forms will be signed by a City representative at that time. 3 If any addendum(s) are issued to t!tis Request for Proposal, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibilitv of each proposer. prior to submitting the response, to contact the City Procurement Services at (561) 742-6322, to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their response. G. One (1) orhtinal so deshmated. and a minimum of five (5) couies of the response shall be submitted in one sealed package clearly marked on the outside DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACE:MENTS,and addressed to: City of Boynton Beach, Procurement Services, P.O. Box310, Boynton Beach, FL 33425-0310. . H. Responses shall clearly indicate the legal name. address and telephone number of the proposer (fIrm, corporation; partnership or individual). Responses shall be si~ed above the t}'1Jed or printed name and title of the signet. The signer shall have the authority to bind the proposer to the submitted response. Proposers must note their Federal I.D. number on their submittal. I. All expenses for making responses to the City are to be borne by the proposer. J. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section 2 of this Request for Proposal. Section 2 - Scope of Work A. Background: The City of Boynton Beach consists of twenty (20) existing buildings With fire alarm systems installed between 1988 and 200(). Each system requires a different level of improvement to meet the new standard of services to be developed as part of this project. B. Scope of Services: The City of Boynton Beach is seeking the services of a, qualifIed engineer to provide design services for fIre alarm system upgrades and replacements in twenty (20) existing City buildings over a fIve-year period. Design s~rvices Will provide a program for all systems to be upgraded or replaced With a standard manufacturer and equipment level. The project will include, but is not limited to.construction administration services throughout the contract period. C. The design system for upgrades and replacements will include all specifIcations described in this document, with the possibility of network connections for central station monitoring. All NFP A, building code requirements or regulatory agency standards in effect must be met. 4 EXHIBIT "B" Section 3 - Technical Specifications 1.1 SCOPE 1.1.1. The work covered under this. section of the specification includes the provision of all labor, materials, and supervision necessary to install and test a Fire Alarm System. This shall include but not be limited to provision of the following: Pull Stations Audible/Strobe Combinations Heat Detectors Control Panels Strobe Lights System Start-up, Test Area Smoke Sensors Duct Detectors 1.2 DESCRIPTION 1.2.1. The new Fire Alarm System shall be an electronically supervised, intelligent (Analog) system. All components of the system must be listed by Underwriters Laboratories (D.L.). The system must be installed with the necessary hardware to accommodate connection to a U.L. Certified Central Station Alarm monitoring company. 1.2.2. Intelligent (Analog) systems are defined as those where the Fire Alarm Control Panel communicates with its sensing devices (heat/smoke) in order to. receive measured information. in analog form (e.g., measured level of obscuration, measured level of dirt/dust particles, measured level of temperature) and report this information to the panel. Further, the panel will be programmed such that dirt accumulation or variations in obscuration, and temperature can be quantified to produce warnings in advance of the device going into alarm. 1.2.3. The system will provide a three-pulse temporal signal to the horns or voice evacuation system. A switch shall be provided on the control panel for silencing the alarm devices. Any additional incoming alarm shall operate normally. Each alarm shall be represented on the control panel by an audio and visual indication. 1.2.4. All visual indicating circuits will be wired on a separate circuit independent of horn/speaker circuits. All strobe circuits, during an alarm condition, will have the option of remaining active after a signal silence and only turn off on a panel reset or turning off after the signal silence is activated. 1.2.5. All duct detectors will be equipped with a test switch and annunciator light. Unit shall initiate a trouble signal only upon activation. 5 Technical Specifications continued.. .. 1.2.6. All systems containin~ .two or more fire alarm control panels which are linked together, will be linked with fiber optic cabling. . 1.2.7. If there is a generator feeding the building, the fire alarm must be on the generator circuit. 1.2.8. All fire alarm panels will be equipped with an interactive interface modem which allows readout of all statUs, programs, history and analog information over dial- up phone lines or LAN system to remote monitoring terminal/sites. All appropriate software must be provided to operate this equipment a s part of the installation. . 1.2.9. Conduit fill win not exceed 60%. 1.2.10. Any kitchen hood suppression system, if installed, will be monitored by and connected to the fire alarm control panel. Upon activation of a hood suppression system, the fire system control panel shall indicate the activation and generate an automatic fire alarm signal to the a UL Certified Central Monitoring Station company. The City of Boynton Beach will provide phone lines for this purpose. The Contractor awarded the installation of the Fire Alarm System will be responsible for wiring the phone lines to the Fire Alarm panel's Digital Communicator (DAC). 1.2.11. All conduit junction boxes and couplings will be painted RED and marked "FA" in white. 1.2.12. The fire alarm system will be designed and sized to have a minimwn of 10% expansion capability to add additional devices. This expansion capability will necessitate that the system be equipped with the appropriate power supplies and connections to handle a minimwn of 10% additional signaling devices. 1.2.13. All wiring entering and leaving the panel and junction boxes V\jll be permanently labeled in such a manner as to indicate the type of device and its location. 1.2.14. All wires that leave or enter the panel from outside the building must have surge and transient protection at the panel with devices that will limit the voltage to no more than 10% above the peak operating voltage of the devices connected to the . ' WIres. 1.2.15. An Uninterruptible Power Supply (UPS) will be installed and hardwired to power the entire fire alarm system with a maximwn transfer time not to exceed 4 milliseconds. The UPS will have built in protection against surges and spikes, RFI/EMI line noise filtering. The UPS must be a minimwn size to run the complete fire alarm system for a minimwn of fifteen (15) minutes in full alarm when normal AC power is lost. 6 . . Technical Specifications continued.... 1.2.16. See list of acceptable and pre-approved bench marked equipment, "List of Pre- Approved Equipment".. . 1.3. QUALITY ASSURANCE AND WARRANTY 1.3.1. Perform all work in accordance with the following codes and standards: 1.3.1.1. Federal, state and local codes, regulations and ordinances. 1.3.1.2. National Electrical Code (NEC), latest edition. 1.3.1.3. Occupational Safety and Health Act (OSHA). 1.3.1.4. All authorities having jurisdiction 1.3.1.5. Factory MuWal System (PM) requirements 1.3 .1.6.. EIA, Electronics Institute of America. 1.3.1.7. UL, Underwriters Laboratories. . 1.3.1.8. American Disability Act (ADA). 1.3.1.9. National Fire Alarm Code NFPA 72 1999 Edition. 1.3.1.10. Life Safety Code (NFPA 101). 1.3.1.11. Florida Fire Prevention Code 1.3.2. System Warranty: All components, parts, assemblies and. software shall be guaranteed against defects in materials and 'workmanship for a period of a least 24 months, beginning on the date of acceptance by the local Fire Marshal and FACILITIES MANAGEMENT's designated representative. Warranty service shall be provided by a manufacturer's authorized representative 24 hours per day, seven (7) days per week. The. representative shall be based in a fully Staffed branch office located within one (1) hour travel time of the installation site and respond within this time. All repairs penoniled during the warranty period must be non-chargeable for labor, material, and traveltime. All repairs performed during the warranty period shall be completed within . the time limitations imposed by NFP A rules. The initial fire alarm call will behandIed by FACILITIES MANAGEMENT who.will assess the problem, and notify the vendor of corrective action required. Failure of the vend<?r to. respond and perform accordingly will result in disqualification of future bids on similar projects for the City. 1.3.3. Permit all work through City Fire Plan Examiner. 1.4 SUBMITTALS 1.4.1. At completion of project, prior to final payment vendor must provide to FACILITIES MANAGEMENT the following: 1.4.1.1. Manufacturer's installation diagrams, written product specifications, and instnictions for installation, operation and maintenance. , 7 Technical Specifications continued.... 1.4.1.2. Manufacturer's published product warranties and warranty instructions. 1.4.1.3. Two (2) sets of As - Built drawings. 1.4.1.4. Data sheets on each item of equipment. 1.4.1.5. List of device location indicating specific zone designation. Two (2) sets. 1.4.1.6. List of all programming and access codes associated with the paneL Two (2) sets. 1.4.1.7. Supply all software required to program/re-program fire alarm panel/components~ dialers and any other device required for operation of the system. 1.4.1.8. Special equipment required to program/re-program the panel/dialer and associated equipment. Any special programmers will be supplied as part of the purchase (excluding lap-top computers). 1.4.1.9. Provide sufficient documentation to the Fire Department Training Office for training of City emergency response personnel. 1.5 SYSTEM OPERATION 1.5 .1. Control Panel Actions: 1.5. 1. l.Initiation Circuits: The occurrence of an open circuit in the initiation circuit shall cause a trouble indication. The occurrence of a ground condition in the initiation circuit shall cause a trouble and a panel ground fault indication. 1.5 .1.2.Signal Circuits: The occurrence of an open circuit in a signal circuit shall cause a signal zone trouble indication. The occurrence of a ground condition in a signal circuit shall cause a signal zone trouble indication and a panel ground fault indication. A single ground in a signal circuit shall not inhibit the signals from working properly. 1.5.2. Remote Annunciation: Shall be supervised as required for signal circuits and be of the LCD design. 1.Sj. The system shall detect the following conditions: 1.5.3.1. Loss of primary andlor secondary operating power. 1.5.3.2. A single ground, open~ or short on any installation wiring to supervisory or alarm initiating devices. 1.5.3.3. A single ground, open or short on any installation wiring to the system speaker, remote supervised annunciator and remote telephone station. 8 Technical Specifications continued.... 1.5.3.4. Failure of a tone generator, pre-amplifier, or power amplifier .in the audio subsystem. 1.5.4. Alarm Initiating Devices: If an alarm initiating device is activated,. the following responses shall automatically occur: 1.5.4.1. Visual indication shall identify the specific device in alarm, and common audible and visual alarm signals shall be generated by the Fire Alarm Control Panel. 1.5.4.2. An audio indication shall produce a message to the audible devices sufficient to produce an audio signal 15db over ambient noise. 1.5.4.3.Auxiliaty relays shan be installed to accommodate accessories such as: Aii.--handlet shutdown, vent fans (etcetera), to match the design of the system, as required by NFP A staridards and rules. 1.5.4.4.The device shall be a measured device having the capability to send measured and intelligent signals back to the panel stating the condition of the device (e.g., measured level of obscuration, measured particles of dirt/dust and measured temperature levels). 1.5.5. Manual Intervention: Where NFPA rules require voice evacuation systems, the automatic responses of this system shall be augmented by the ability for manual activation of the communications system. An operator at the Fire Alarm Control Panel shall have the ability to: 1.5.5.1. Use the system microphone to send emergency voice paging messages to any of all areas. 1.5.5.2. Voice paging announcements shall override automatic signal outputs. 1.5.5.3. The general alarm devices may be silenced only by op.erating the proper silencing switch. However, a subsequent alarm shall reactivate the signals. Operation of the silencing switch shall be indicated by a trouble light and an audible signal. 1.5.5.4.Power failure, opens, grounds, or any interruption of the system wiring or components, shall be indicated by a visual and audible trouble signal. The audible trouble signal may be silenced, however, the visual trouble indications shall remain illuminated until the system has been returned to a normal operating condition. 1.5.6. Control Panel: The Fire Alarm Control Panel shall detect the operation of any signal initiating device, operate all alarm and auxiliary devices, and in addition shall function as follows: 9 . l. " Technical Specifications continued.... 1.5.7. At the Fire Alann Panel~s), install the following: 1.5.7.1 Plan drawings (1116" = l' - 0" or larger as required for clarity), modified to . include new equipment, showing location of automatic detectors and manual pull stations. Drawings shall be professionally drawn on suitable drafting medium 8.5" x 11" and shall reflect the system as installed. Devices shall be numbered in a manner that reflects the ZONElDEVICE location. 1.6. SYSTEM TESTING & ACCEPTANCE 1.6.1. It is the responsibility of the vendor to meet with the appropriate ENGINEERING representative to compare the placement mid installation of proper devices with the drawings and Specifications (as-:built prints must be furnished to ENGINEERING). A 100% device by device test tobe conducted.by the vendor under the supervision of ENGINEERING. Further, the vendor will be required to demonstrate that the installed interface modem is functioning properly by remotely accessing the fire alarm panel(s) for appropriate history information. Punch lists will be developed at this time by ENGINEERING and furnished to the vendor. All punch list items must be corrected and verified as such by ENGINEERING prior to acceptance of the system. 1.7 TRAINING 1.7.1. The contractor and/or manufacturer's. representative shall instruct the FACILITIES MANAGEMENT representative in the operation, maintenance, and repair of the system to the sub-assembly level, including familiarization with the operation, maintenance, and parts manual. 1.8 SPARE PARTS 1.8.1. A spare parts inventory often percent (10%) of the Smoke Sell;SOrs,Pull Stations, Heat Sensors and AudiblelVisual Signaling Devices will be supplied to FACILITIES MANAGEMENT prior to acceptance. n10 . List of Pre-Approved Equipment continued.... PULL STATIONS FCI GRINNELL NOTIFIER SIMPLEX DIGITAL COMMUNICATOR FCI GRINNELL NOTIFIER SIMPLEX UNINTERRUPTIBLE POWER SUPPLY TRIPPLITE MINUTEMAN BEST HANA4W IXA - RMS NBG12LX 4099-9003,2099-9761 411 5128 UDACT 4010-9816,4020-0155,4100-0155 .. 12 EXISTING FIRE ALARM SYSTEMS IN CITY OF BOYNTON BEACH No. Building 1. City Hall 2. West Wing 3. East Wing 4. Police Department 5. Fire Station No. I 6. Parking Garage 7. Library 8. Public Works No. 1 9. Public Works No.2 to. Public Works No.3 11. Fire Station No.3 12. Pistol Range 13. Civic Center 14. 1913 Museum 15. Art! Activity Center 16. Utilities Administration 17. West Water Treatment Plant 18. Child Care Center 19. Senior Center 20. Hester Community Center Location Fire Alarm System 100 E. Boynton Beach Boulevard Farrady 19000A 100 E. BOynton Beach Boulevard Farrady 19000A 100 E. Boynton B~ach Boulevard Farrady 19000A 100 E. Boynton Beach' Boulevard Farrady 19000A 100 E. Boynton Beach BoUlevard ',Farrady 19000A 100 E. Boynton Beach Boulevard Farrady 19000A 208 S. Seacrest Boulevard . Farrady 19000A 222 N.E. 9th Avenue .. <,:)':"jpalT3.dy 19000A 222 N.E. 9th A v~~e' ':;~~<;~:'.?",'~~.i$:~jf~y .19,~;0?~ 222 N.E. 9th A venu.~ :;j. <.... ..)" )'~'?~~F~y 19()00A ..-_. '~.. ,.";.":~~~~l{-;:~:l,.:~'r'~~-i~,:~:-._)t~-;:-.~;_ c" .':-' ;':~~~':_-': ," . 3501 N. Congress Avenue ,'.;i,i('l;,:\,~it,Notifier AFP-200 :-" " ~:~'~'.<<t..,-, . . ,:,. .,._.~,,,,.., """"r.: 3501 N. Congress Avenue . . Simplex Devices' 128 E. Ocean Avenue 141 E. Ocean Avenue FireIite MS-9200 Notifier AFP-200 125 S. E. 2nd Avenuev,.,~. Simplex 4001 124 E. Woolbright Road Notifier AFP-200 5469 W. Boynton Beach Boulevard" Notifier Sys~.em 500 909 N.E. 3rd Street' .. . -~;{"~rSirrlplex 4004-Silent Knight Dialer to12 S. Federal Highway Grinnell 1901 N. SeacrestBoulevard / Simplex ~ , . 13 LIST OF Pllli-APPROVED EQUIPMENT This specification delineates various manufacturers with respective equipment model numbers that meet County requirements. These manufacturers have been listed as a benchmark reference simply to assist vendors. Vendors are under no obligation to propose the equipment models listed. Equivalents that meet the salient features of the pre-approved benchmark equipment will be. considered. Palm Beach County Communications reserves the sole right to determine equivalency of products proposed and the decision of County Communications staff shall be final. FIRE ALARM PANELS FCr GRINNELL NOTIFIER SIMPLEX 7200 SERIES TFX SERIES 200,300,400 & 1010/2020 SERIES 4010,4020&4100 SERIES SMOKE SENSORS FCr GRINNELL NOTIFIER SIMPLEX ASP - PL 900 SERIES. SDX 751 4098-9701,4098-9710 THERMAL DETECTORS FCr GRINNELL NOTIFIER SIMPLEX ATD-R 912 SERIES FOX 551 4098 -9732 DUCT DETECTORS Fcr GRINNELL NOTIFIER SIMPLEX DH 500 SERIES 900 SERIES DHX 502 4098-9752 EMERGENCY AUDIBLE AND STROBE DEVICES FCI HA/V A 4W GENTEX HS 24 & ST 24 SERIES NOTIFIER SHG24 - 110 - 1 WP SIMPLEX 4903-9146,4903-9219 11 3.., qr. . ~ / . ~-- . . CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office 0 December 6, 2005 November 14,2005 (Noon,) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [g] January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) -, CJ 0 0 March 6,2006 (Noon) r ~ 'l January 17, 2006 January 2, 2006 (Noon) March 21, 2006 \,"') , 0 Administrative 0 Development Plans NATURE OF [gI 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 -, --.j . -, ..........,..... -r; :":-,,-' (-:~~l UJ ::':1 {:; RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with James and Grace Broz for the property at 4840 Palo Verde Dr, Boynton Beach, FL {Cypress Creek Dev (UNREC) TO PT OF N Y2 KIA LT 108}. EXPLANATION: The parcel covered by this agreement includes a singh~..family home in unincorporated Palm Beach County. (See location map) PROGRAM IMPACT: Water and sewer mains exist in the vicinity, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALT~rATIV~None. This parcel is within the Utilities service area. ~~~~ Department Head's Signature ~ ~c City Manager's Signature Utilities Department Name ~~~ Cj(y Attorney / Finance / Human Resources XC: Peter Mazzella (w/ copy ofattachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND JAMES AND GRACE 9 BROZ; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 4840 Palo Verde Drive, Boynton Beach, Florida 14 (Cypress Creek Dev (UNREC) TH PT ofN Yz KIA Lt 108); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in unincorporated Palm Beach County which only potable water is available for connection at 17 this time; and 18 WHEREAS, water and sewer mains exist in the vicinity allowing for the service to 19 this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and James S:\CA\RESO\Agreements\Water ServiceIBroz Water Service Agreement.doc and Grace Broz, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this _ day of January, 2006. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor 12 13 14 V ice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 Attest: 25 26 27 City Clerk 28 29 S:\CA\RESO\Agreements\Water Service\Broz Water Service Agreement.doc TillS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East COlllillercial Blvd, Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVlCE OUTS1DE THE OTY LlMlTS AND COVENANT FOR ANNEXATION TIllS AGREEMENT made on this day of , 200_, by and between :r '^W\.eS 'B(" 07 ~ Gt{ o..ce g {" 0 z.. hereinafter called the "Customer", and the OTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictionallinrits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water servlce to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutua] covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are -'.2.. Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers, The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may bave the work perfonned on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside tbe City limits applicable under City Ordinances ~d rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accorrnnodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shaD cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shaD be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shaD not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shaD in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. llis Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. ]0, It is agreed that the City shall have no liability in the event there is a reduction, impainnent or tennination in water service to be provided under this Agreement due to any prolllbitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies havingjurisdiction over such matters, Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modilications or change in this Agreement shaD be validupon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WI1NESS WHEREOF, the parties hereto have set their hands and seals this \~dayof ~Ch:e,~ ,20~ '~~ %itness ignatu~ ,,-hhr};kr Orb ~ Printed Witness Name ~PL;, ,/fu/1IJKtf;f.J -witness Signature WITNESS: C':"'Q~C: e ~'() 'L Printed Owner Name Ill/Ii?/ ;q 1//15'(0"; ee: to ~ Printed Witness Name 3 -----,.,- _.-_''''_...,~.,_-'~.... e ...,..."" ,....-'- ~ ~f\(\lQ( "',\lPr Printed Witness Name all'''~~ Witness Signatur ./~ ~7 W~A ~€~ ~ Printed Witness Name FOR INDIVIDUAL (S) NOT ARIZA nON: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) -'. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~ n~ ~ ~ (~C"C).C ~ ~'-C}7 to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: A D Il L( c . . WITNESS my hand and official seal in the County and State last aforesaid this \~ day of ~~~'C' ,200__ (Notary Seal) CHARATZ ar Public, Slate of Florida My comm. expires Aug. 16, 2008 No. DD 321698 WI1NESS: ...~~=x-:..~ OTY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ArrEST: City Clerk STATE OF FLORIDA ) 4 ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and , City Oerk respectively, of the City named in tbe foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WI1NESS my hand and official seal in the County and State last aforesaid tbis ,200_. day of (Notary Seal) Notary Public Approved as to form: City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 ~<.~,~!'~'~<<fpe"YApp(ai~~'rfs P.uMic Access SysteM ~~< ~.. J";'" ~ /~'\ P' _ '" ~ J"" '\- (J <. .x ~ ~-- r~ r r < .. f r r'" '" ~ 'I ~~~~-:::.,...'.t'~.:r:'Y5~""""~;'~-/~y:/ ~ ,,--~ ^ ~ "i ~"""'f~~.;;ifu-w,~4~';;__"Yh*,"'~"~}"" Ox", '" ,,",... w,,~,~ _~, ~ Property Information Location Address: PALO VERDE DR Municipality: UNINCORPORATED Parcel Control Number: 00-42-45-24-03-000-1080 Subdivision: CYPRESS CREEK DEV ON AM-80 Official Records Book: 13401 Page: 1945 Sale Date: Feb-2002 Legal Desq::!pJion: CYPRESS CREEK DEV (UNREC) TH PT OF N 1/2 KIA LT 108 Owner Information Name: BROZ JAMES 1;"kd$tAJl~,1 Mailing Address: 203 FOXTAIL DR APT Gl GREENACRES FL 33415 6002 Sales Information Sales Date Book/Page Feb-2002 13401/1945 Dec-1986 05287/1058 Price Sale Type Owner $80,000 WA RRANTY DEED BROZ JAMES $100 Q UIT CLAIM [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2005 Number of Units: 0 Acres: 0.32 Description: VACANT Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2003 80 000 $0 80 000 IIIn"lrPj~1I Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: '~lnt,tlJltNlt~' I~~~+~T:I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Rg!=ord Search I Inmrmation I Exemotigm LCommunity I Employment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I 00 I EQLI1}? I Contact Us I PAP~ @ 2004 Palm Beach County Property Appraiser, ~~I{- http://www.co.palm-beach.fl.us/papal aspx/web/ detail_info .aspx?p _ entity=004 2452403000... 121112005 All Owner Page I of I All Owner(s) peN Number: 00-42-45-24-03-000-1080 Owner Names BROZ GRACE BROZ JAM ES l". .,iilitf I ~' ..'.'cii.""-, ~'_il~u . J :&dTil~~~ http://www.co.palm-beach.f1.us/papa/aspx/web/allOwner.aspx?entity _id=0042452403000 1... 12/1/2005 lHIS INS1RUMENl PREPARED BY: James A. Cherol, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, Fl 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) . , STATE OF FLORIDA COUNTY OF Pal VV1 gp C>-~ I I~ \ VA.lN\PC b(()2 c: Grc.c.e Ero? , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete.:: a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: (;r)-l/2-ifS; -Ztf-03 - ()OO-/61s0 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the L r+c day of tJo~ , 20~nd the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the \~ day of ~(}...e""~,, in the year two thousand and 6 Sealed and delivered in the presence of ~ t(JA~~ ~at~ ~ntll~-ky Dfti t: Printed Witness Name wf!::~g~tlW1~ $I1/t/J! ~ e t?11Ir:' E ItJ J Printed Witness Name C~~()(' e.. ~'D-z...- Printed Owner Name ~ -\'~'( fY\ ~ \st r Prin ed Wit ess Name 'S~~ ~L Printed Owner Name Witness Signature 1.\J ~~ ~~'i~L\ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this J I day of '-f)OtJ , 2000, by @,r~~e. .., ::sr1L1Y1~5 DT/) L and , who are known to me or who have produced FL DIll v(Ul L,l L , as identification and who did/did not take an oath. e~ft4,t{d4A~ My Commission Expires: POA.lND Type or Print Name Commission No. ~~ "'~ PHYLLIS CHARA TZ f ~ .Notary Public, State of Florida .My comm. expires Aug. 16, 2008 ~ No. DD 321698 ~~o(~~.,.,"""".._~...,~.~_~_-"", ... 1 in. = 215.4 feet 1012 304D 6861 5862 DDlJO 2010 1120 1 r" !~ Iud 2020 2030 2~ 1090 1070 2070 2080 1110 1100 1050 Location Map - 4840 Palo Verde Dr 001 2080 2100 2110 1050 1030 1020 1010 1040 .CC( VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Otlice Requested City Commission Meeting Dates Date Final FOIm Must be Tumed in to City Clerk's Oflice o December 6, 2005 o December 20,2005 [g] January 3, 2006 o January 17,2006 December 5, 2005 (Noon) o February 7, 2006 o February 21, 2006 o March 7,2006 D March 21,2006 January 17,2006 (Noon) November 14,2005 (Noon.) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) January 2,2006 (Noon) March 6,2006 (Noon) I j '~--J NATURE OF AGENDA ITEM o [g] D o o o Administrative Consent Agenda Public Hearing Bids o o o o o Development Plans New Business Legal Unfinished Business Presentation ,--' .-) :. .-) '..-~ -~r;1 Announcement City Manager's Report rn G', ..~)~~ :-i1L~ RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Marlaine Jean Baptiste for the property at 1043 Oleander Rd, Lake Worth, FL (Hypoluxo Ridge Add 2 LT 42). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTERNA.TIVES~f1e. This parce.I;' witlUn the Utiliti.. ..rvi.. area~~ ,{py~~~~ ~- '\;epartment Head's Signature 7 City Manager's Signature ,v Utilities Department Name ~~ C-1ty Attorney / Finance / Human Resources XC: Peter Mazzella (w/ copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND MARLAINE JEAN 9 BAPTISTE; PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1043 Oleander Road, Lake Worth, Florida (Hypoluxo 14 Ridge Add 2, Lot 42); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in San CastlelRidge Grove project which only potable water is available for connection at this 17 time; and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and S:\CA\RESO\Agreements\Water Service\Baptiste Water Service Agreement.doc 1 Marlaine Jean Baptiste, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this _ day of January, 2006. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 Attest: 25 26 27 City Clerk 28 29 S:\CA \RESO\Agreements\Water Service\Baptiste Water Service Agreement.doc TIDS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE OTY LIMITS AND COVENANT FOR ANNEXATION ~hr l~\: ~G0~~Err' ~.~t;C this day ~einaftercalled the ,,~o~,;~ ~~~ OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City" . WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WflEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW TIIEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as fonows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are l 'f( Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers, The City shall have the option of either requiring the Customer to peIform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. 'The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances.aQd rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of tbe irrevocable special power of attorney, but Customer's failure to provide such notice shaD not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hcreby made a covenant nmning with the land described in paragraph 1 abovc. This Agreement and the power of attorney referenced herem:is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs OJ assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impainnent or temrination in water service to be provided under this Agreement due to any prolnbitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters, Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold hannless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal orin connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or perfonnance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13, The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. /,a~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ~ day of rt1J~/Y)(_~'- , 200 b~~. WITNESS: tJ:1k-iLlj rn (Hlid Witness Signature ~lon e /vI fJO/r0 Printed Witness Name C {!AWl1J. !UJj;j;UY"(O/~~ Witness Sign ure ~ - (~he (r ~l- ~() her fYla1r1 Printed Witness Name INDIVlDUAL(S) AS OWNER(S): X/'tv1tJ-j/J /~&)-e 78 Owner Signature I1Iff-Urr It} f; :T&1-AJ -,/bJJ?J1~ re Printed Owner Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVIDUAL (S) NOTARlZATION: STATE OF FLORlDA ) ) ss: COUNTY OF PALM BEACH) -', I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 111 tl f(. J a " n ~ J~ f" u t1 IS 4 .(J f- / ~/- ~ to me known to be the person(s) described in and who exec~ted the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: F / ~ Ii' ,d iF<.. IJ 12 / t/ 1:" /i':s /...--,' {' t' /l S e . u- WlTNESS my hand and official seal in the County and State last aforesaid this :] D (day of -'11 ,h~....er-n""""6.,,\. , 2 00 ~ r- (Notary Se~.t~~I~i"" Barbara M, Madden {:fA........r: ~ Cozn.n;rission # DDl25274 -:. A .'c:f;: ExpIreS July 19, 2006 -::';;<5if'.\)~~ ~ded lbru '"1111,,, Atlantic Bauamg Co., Inc. ~ctv<-h~_-tl-- /t" . A- t:Z~a~ Notary Public WITNESS: OTY OF BOYNTON BEACH, FLORlDA Kurt Bressner, City Manager ArrEST: City Clerk STATE OF FLORlDA ) 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~~_~~________~__~, City Manager ..md. _ ________~._.~_____~..n.._' City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City, WITNESS my hand and official seal in the County and State last aforesaid this_ ,200_. day of (Notary Seal) Notary Public Approved as to fonn: City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of2 _2t!P.~!fii~pp,;~,~~.r,.,~ Public Access Sysl8m /""1;.7"$ ;1";' f: r t (.,. ,<: r r "", (( ~ ,," ~1fIIe~^~, Property Information Location Address: 1043 OLEANDER RD 1~.'iiM8='.~vi@J Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-14-000-0420 . ------ Subdivision: HYPOLUXO RIDGE ADD 2 IN Official Records Book: 16047 Page: 1546 Sale Date: Oct-2003 Legal Descrimion: HYPOLUXO RIDGE ADD 2 LOT 42 Owner Information Name: JEAN BAPTISTE MARLAINE Mailing Address: 1043 OLEANDER RD LAKE WORTH FL 33462 5945 Sales Information Sales Date Book/ Page Price SJ'!lg Iyp,g Owner [fID!lYk'~tM~' Oct-2003 lJ?047LlS4~ Oct-1991 07015/0601 Jun-1990 !)647.410214 $10 QUIT CLAIM JEAN BAPTISTE MARLAINE $75,000 WARRANTY DEED JEAN BAPTISTE MARLAINE & $100 QUIT CLAIM Exemptions Jtwros - Full Homestead Exempt: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: !J~e Cod~g: Tax Year 2005 Number of Units: 1 *Total Square Feet: 1841 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: Exemption Amount: Taxable Value: 2003 91 402 25 000 66 402 ~~~~ Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: [~~SM~t NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. RecorctSe.arch I Information I ()(~!J1QtiQm I Commurilly I Employment I New Horne Buyer I Office Locations 4- -"--- - I E)0~~b Ir http://www.co.palm-beach.fl.us/papa/aspx!web/detail_info.aspx?p_entity=004345091400...11/2812005 S^-tl/ THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF Pa!ffJ bfJ6< ctj I/We;- IY\ a (ll a. ; n -( ,S e a. YI IS ~ " f ; s f e r , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: o lJ ,- 'f 3 - y :::;" - D q - / Y .. Of) 0- t.) V.;2 (.) The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, c.l2 FLORIDA, shall commence and be in full force and effect on the G 21 day of --h )~~ , 20 ~~ and the powers and authority shall be irrevocable by Grantee. 5K,'? IN WITNESS WHEREOF, we have hereunto set our hands and seals the _:?D Ci2- ~ /'. day of J'-11~/'Y"YL.-.&..t-'--' in the year two thousand and r r () e . Sealed and delivered in the presence of ~u~mMia Witness Signature jQon e.- /1 fXlffi.., Printed Witness Name tV! eLl'? / a{~-e :IJ? Owner Signature ~ I) rnc~ p I a In -eJ eti..n i) cFI) f; sir Printed Owner Name I U <O~~-~Uberrl1arJ Printed Witness Name Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) of THE FOREGOING INSTRUMENT was acknowledged before me this 3d cJ((jay '11 ,b~ liM, 20 0), by l'M" ",{ " I " " 'J La 11 it, ~ iI" t " and , who are known to me or w 0 have produced , as identification and who did/did not take an oath. J--r:.~-<--li-u<--</_ h1 . )1,;( t:k~ NOTARY PUBLIC ,\HU" B b ",,~,",y pt/;.", ar ara M. Madden f ?'(&-..-.o..~~ COmmission # DD125274 ;,%\ .1~g Expires July 19, 2006 -;';;f'i}j f\I:I~~" Bonded Thru """""' Atla.ntic Bonding Co., Inc. ,. 4" Commission Expires: A/NO Type or Print Name Commissj~n No. ... o 0810 ~ i 0720 I I ~-~730 -- I J--- i ) 0740 Y ~'" 0800 1 in, = 162.5 feet 0790 1050 ::::::---------J// 0780 ~~ ~ 0210 ~r---------:: 0200 0190 ~~ 0060 ----- 0070 0770 0760 RD \ '- 0180 0170 0160 0150 0140 0080 0090 0100 0110 0120 0130 ~ ~ /' ~~~ 0210 0200 " 0190 0180 .------~ )060 r---............... 0070 0170 0160 0150 0140 -'- --...... ~~ )20 0030 0040 0050 0060 0070 0080 0090 Rn 10 0160 0150 0140 0130 0120 0110 0100 0210 -- '-------.. '0 0 . 003 0040 0050 0060 0070 0080 0090 0080 ~--, '\ ) 0050 0060 0070 0080 0090 0100 0110 0070 1090 0680 0530 J MENTONE RD 0670 1070 0660 0650 0640 0630 0540 0200 0190 0091 0100 0060 0550 0560 0570 0170 0120 0580 --., \ 0620 0610 0180 0110 0040 0030 0020 Location Map - 1043 Oleander Rd .- 0590 0600 r------___ 075: r- 0160 0150 I ~ --I~ 0140 ~ 0130 '---'---- BROWN RD _ ___~_~_ 0050 ,- "" '" ../ '-- : ~ ~ E ~ ~ .... -- - I~ ~ I'~.'. f , , ~~ 0010 /CC( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.3. Requested City Commission Meeting Dates Date final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Twned in to City Clerk's Office o December 6, 2005 o December 20,2005 [g] JanualY 3, 2006 o January J 7,2006 November 14,2005 (Noon.) D February 7, 2006 o February 21, 2006 o March 7,2006 o March 21, 2006 January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) - \ ~.---:.... -----, January 2, 2006 (Noon) March 6, 2006 (Noon)--) I' ~ .~ NATURE OF AGENDA ITEM o [g] o o o o Administrative Consent Agenda Public Hearing Bids o o o o D Development Plans New Business Legal UnfInished Business Presentation _ . --, '-, I.~ -->-.~ -~: r-'.. (n (..rl .-:' -:> '-in ::r: Announcement City Manager's Report RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Nancy E. Farrell for the property at 1214 Peak Rd, Lantana, FL (Ridge Grove Add No 1Lot 245). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San CastlelRidge Grove project area. Only potable water is available for connection to the property at this time due to recent water main improve- ments constructed by Palm Beach County as part of a neighborhood improvement project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None k", Signalme rY Utilities Department Name ~tS Ity Attorney / Fmance / Human Resources xc: Peter Mazzella (w/ copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File . S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND NANCY E. FARRELL; 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the subject property is located outside of the City limits, but within our 13 water and sewer service area, located at 1214 Peak Road, Lantana, Florida (Ridge Grove Add 14 No.1, Lot 245); and 15 WHEREAS, the parcel covered by this agreement will include a single-family home 16 in San Castle/Ridge Grove project which only potable water is available for connection at this 17 time; and 18 WHEREAS, a water distribution main has recently been completed on this street 19 allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Nancy S:\CA\RESO\Agreements\Water Service\Farrell Water Service Agreement.doc E. Farrell, which Agreement is attached hereto as Exhibit "A". 2 Section 3. This Resolution shall become effective immediately upon passage. 3 4 PASSED AND ADOPTED this _ day of January, 2006. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 11 Ma~r 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 Attest: 25 26 27 City Clerk 28 29 S:\CA IRESO\Agreements\Water Service\Farrell Water Service Agreement.doc THlS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Fc Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE TIIE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this _ day of ,200_, by and between NIi/l' ('-I E Ri {(" f II hereinafter called the "Customer", and the CITY OF BOiNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City" . WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW TIIEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are I, if Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises, The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service Jines upon the Customer's premises. 1 All sucb lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perfonn the work necessary to confonn the lines or the City may have the work perfonned on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. ln the event the City has such work perfonned, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by tbe Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in tbe City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside tbe City limits applicable under City Ordinances ~d rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accorrnnodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligJble under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or tennination in water service to be provided under this Agreement due to any prolnbitions, restrictions, limitations or requirements ofJocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters, Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of 6tle. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be validupon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. 'XN WITNESS WHEREOF, the parties hereto have set their hands and seals t~nJ-. day of LJece Mbf' r ,2()()~ WITNESS: 7~~ /rJ ~I1JJ Witness Signature INDIVIDUAL(S) AS OWNER(S): x~~E.~~ O~ignature >< AJ IItlc y E, F It f-~E~ , , Printed Owner Name . /"' Y () J~?l rf 'ci{ t71lf:s Printed Witness Name t/J~v Witness Signature (\Ue t. V!lo-t~~-e~ Printed Witness Name 3 Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name FOR INDIVlDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cou ty aforesaid to take acknowledgments, personally appeared d J1 C E Pa. r to me known to be the person(s) escribed in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: F I" ('I ti ()... 1), L . WIlNESS my hand and official seal in the County and State last aforesaid this c;? 1t-cR- day of 7J.e ( eMber , 2005 (Not ary S eaJ).............................................. : SUSAN COllINS : : ~ CommI DOO295085 : : r.~ ExpitN 3/112008 : ~ ~.;) Bonded Ihru (800)432-4254 ~ : ~~y Florida NoIaJy Assn., In<: : .. ................................ ............ ~~~J' Notary Public WI1NESS: OTY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ArrEST: City Clerk STATE OF FLORIDA ) 4 STATE OF FLORIDA ) ) S5: COUNTY OF PALM BEACH) I HEREBY CERT1FY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared ~~__~n _ _ __nn_~,CityManagerand__ ____ n ____ ,OtyClerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this __~~_ day of _ ___n_~~' 200_, (Notary Seal) Notary Public Approved as to fonn: City Attorney 5 Palm Beach County Property Appraiser Property Search System Page 1 of 1 _~l~,rtrAPPf"allHH!I'>})tJliliC Access System r /'\l." .... ;..' i'\,.. ".. f .- , f" "". ' .~ -": f'..'" ~,J- < ~ ,,- - ' "' ~~{ """~~: ~ ~~i!'~,=~ '~"*",,,.<<w< M"'-___ ~ ~ , Property Information location Address: 1214 PEAK RD ~..'4~taD"'j';"Zi&1 Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-09-000-2450 Subdivision: RIDGE GROVE ADD 1 IN Official Records Book: 06203 Page: 1531 lenal Description: RIDGE GROVE ADD NO llT 245 Sale Date: Sep-1989 Owner Information Name: FARRELL NANCY E !.~-~~I Mailing Address: 1214 PEAK RD LAKE WORTH FL 33462 592 6 Sales Information Sales Date Sep-1989 Book/Page O~203/1S31 Price Sale T..YM $40,000 WA RRANTY DEED Owner Jan-1975 02482/1086 $22,300 WA RRANTY DEED Exemptions Regular Homestead: $25,000 Year of Exemption: 2006 Total: $25,000 Appraisals Tax Year: Improvement Value: land Value: Total Market Value: !Jse Code: 0100 2005 2004 2003 $7,516 $44 972 4310 523 323 $12815 11,52 $30,839 $57,787 54,62 Tax Year 2005 Number of Units: 1 *Total Square Feet: 1152 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I sse sse an axa e a ues Tax Year: 2005 2004 2003 Assessed Value: 530,839 $37,329 36 633 'WiSt&JlI!hl~~ Exemption Arnount: $25,00(1 $25,000 25,000 Taxable Value: $5.839 $12 329 11,633 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2005 2004 2003 ! 111 24(1 $227 243 191 $192 354 ~431 $419 ~AQAMUfAtnr4!kl Ir';*1'~i'~*k<1t'Adhl l~&t~1 rtidm~~s~ ~~_I NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. .8ecord Search I Information I Exemptions I. Community I Employment I New Home B~ I Office locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Glossary I ~ I EQrms I Contact Us I pAPA (S\ 2004 Palm Beach County Property Appraiser. E~~-It: http://www.co.palm-beach.fl.us/papal aspx/web/ detail_info .aspx?p _ entity=004 34 50909000... 12/212005 THIS INSTRUMENT PREPARED BY James A. CheroJ, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF f~/vl;c t6etl ch 1!We, ;Val1cy E, Fit (ret I . hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: {J (} / Lf 3 - f S - oc;~ or - () {J r},- 2 ~ S'LJ The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the d? IVI day of f'1:ce'l-t.-ber , 20 oj: and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the ;)~ day of ~ef1-t-be ( , in the year two thousand and PI V~, Sealed and delivered in the presence of '-U;~-1 i~ -/ 7r1 #-lltJ ~i7'SS Signature ._ Y o/vrl f/ ~.ft(l(JJ 1.5 pc;;;;t~:jam~~ Witness Signature ~~ y ~ '1wner atur ~. -r(;; 1.Je!- Y E, -:t II et.e LL Printed Owner Name c Witness Signature Owner Signature Printed Witness Name Printed Owner Name Witness Signature Printed Witness Name of STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledggd ber9re me thisJ/hJ- day (}c~~r , 20 oS, by Ntlltttv f5 ' f-CirrdL and , - , who are kn wn to me or who have produced Flo n"t4!(.. /). L, , as identification and who did/did not take an oath. ~........... ...... ......! ~...........SUSAN..COLLINS : : c;omrnI [)00295085 : E ~ ExpireS 3/1/2008 ..: : ~~~.~ Bonded thru (800)432-42;, : ~~.l.f . ta Ac<" : ~.I"'~f~'\'~ F.,?~~~.~~u~..~;w~~"'. .,................. ~th^-~~/' NOTARY PUBLIC "- -.J//J')f-N eo Lt.-IAr--P Type or Print Name . Commission No. - ''1 Commission Expires: .JAIND ... 1 in. = 74.7 feet 2490 ~ .~,. '- "--. 80 2460 1870 -------------ALIO_RU~.__.._m__=___ _ -r-~- -------1-------- 2980 ) 296~ I I 070 06 05 3030 02 3000 2530 2560 60 61 2620 I ___1.___ 44 2420 2380 2360 2340 1900 1920 96 97 98 99 00 60 85 84 83 72 ,- --- r--- - - 86 85 84 0821 0810 0791 I 0771 0760 75 0730 'QY .. ( " }-- Location Map - 1214 Peak Rd ./ " .~~'9\. I.. ... ( .! ~- 1 ; ~ /(; '0\//" J..:. ; O"B, i- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.4. 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 0 December 6, 2005 November 14,2005 (Noon) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) [g] January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) o ilj ("~ ~ ~-<,. 0 Administrative 0 Development Plans NATURE OF [gI Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfmished Business 0 Announcement 0 Presentation 0 City Manager's Report I \..;:,) \...:-:. c c .. ----:-1 .-., c::; G~; i'l i.:' Ul ~..J RECOMMENDA TION: Authorize and approve the Scope of Services (Appendix A) for the 2006-07 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $25,300. EXPLANATION: This letter dated September 23, 2005 from GSG represents their proposal to provide professional services for the 2006-07 fire assessment program. The City Commission conducts an annual review of the Fire Assessment program with specific authorization to proceed by a rate resolution. See attached GSG Appendix A detailing Scope of Services. GSG has provided professional services since the inception of the fire assessment program in 2001. PROGRAM IMPACT: This work is anticipated and necessary to assist staff in preparing a recommendation to the City Commission for a 2006-07 Fire Assessment. The purpose of the analysis is to evaluate the necessary costs and prepare a recommendation to the City Commission for July 2006. The City Commission makes the policy decision as to the Fire Assessment Rate. FISCAL IMPACT: Funds for this work are included in the City Budget. Please note the proposal from GSG does not include the cost of preparing and mailing legal notices to property owners. This is also included in the Budget. ALTERNATIVES: Staff to prepare documentation for the Fire Assessment program. Not recommended. Do Not approve the authorization to prepare an analysis of cost - Not recommended. ~ ~\,."- ~ Se.v-c:.- Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORJZING APPROVAL OF THE SCOPE OF 6 SERVICES FOR THE 2006-07 FIRE ASSESSMENT 7 WORK PLAN WITH GOVERNMENT SERVICES 8 GROUP, INC.; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, the City Commission conducts an annual review of the Fire Assessment 12 program with specific authorization to proceed by a rate resolution; and 13 WHEREAS, the Scope of Services for the 2006-07 Fire Assessment Work Plan with 14 Government Services Group, Inc. will assist City staff in preparing a recommendation for the 15 2006-07 Fire Assessment program to be presented to the City Commission in July 2006; and 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORJDA, THAT: 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does 22 hereby authorize approval of the Scope of Services for the 2006-07 Fire Assessment Work 23 Plan with Government Services Group, Inc., a copy of which is attached hereto. 24 Section 3. This Resolution shall become effective immediately upon passage. 25 PASSED AND ADOPTED this ~ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA 26 27 28 29 30 31 32 33 34 35 36 37 38 ATTEST: 39 40 41 City Clerk 42 Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Fire Assessment Resos\Fire Assessment Scope of Services OB-07.doc v V-6 j lJ I J.( ( o~ G s G pub}!c sector funcli'?J ~ J'ervice solutions GOVERNMENT SERVICES GROUP, INC, September 23, 2005 Via Regular Mail [OJ ~~~~\4~~ lrU SEP 2 6 3Ui ~ Mr. Kurt Bressner City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 CITY MANAGER'S OFFICE Re: Fire Rescue Assessment Program: Continuing Services Dear Mr. Bressner: The City of Boynton Beach has now completed its fifth year of the annual assessment program for fire rescue services it initiated in Fiscal Year 2001-02. Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, PA (NG&N) are pleased to have assisted the City of Boynton Beach in undertaking and successfully implementing this recurring revenue source. We believe the City would benefit from the continuation of our services. As such, I have enclosed a proposed scope of services, fees, deliverables and payment schedule as Appendix A in order to assist the City in the annual maintenance of the fire rescue assessment program for Fiscal Year 2006-07. As we discussed with City staff when the assessment program was initiated in 2001-02, an update of the assessment methodology is recommended every three to five years based on the City's determination if such an update is required due to changes in boundaries of the municipal services benefit unit (such as the addition of new fire department service areas), delivery of fire protection services, new case law (such as the Supreme Court decision regarding EMS services) or new legislation (such as the legislation regarding RV parks). It is within the City's purview to conduct such an update as it deems necessary and can defer the update to future years. The City's fire rescue assessment program, however, has not been updated since inception. Accordingly, we have also provided Appendix B, a proposed scope of services, fees, deliverables, and payment schedule to assist the City in the update of the assessment methodology, if required. Of course, any update in methodology that results in increased assessment rates will require first class notice to every affected property owner, either by separate notice or using the Truth-In-Millage (TRIM) notice mailed by the Palm Beach County Property Appraiser in late August. Please review the attached scopes of service. We are currently preparing our schedule for the upcoming assessment season, and would appreciate your prompt reply. This will help us to accommodate your requests and provide you with thoughtful and deliberate attention to ensure the continuation of this successful recurring revenue source. The execution of this letter agreement indicates acceptance of one of these proposal pursuant to our existing Retainer Agreement and notice to proceed. Upon execution of this agreement, please provide us with one signed copy for our files and include the scope of services the City wants to undertake for the Fiscal Year 2006-07. 1500 Mahan Drive, Suite 250 I Tallahassee FL 32308 I T 850.681.3717 I F 850.224.7206 280 Wekiva Springs Rd. I Protegrity Plaza, Suite 203 I Longwood FL 32779 IT 407.629.6900 I F 407.629.6963 '"-oi.\ou:.-vp iO' 30-0\.- Mr. Kurt Bressner September 23, 2005 Page 2 If you have any questions, please do not hesitate to contact Heather Encinosa of NG&N or me. We look forward to working with the City of Boynton Beach again this year. ~I(LD~ Melissa Proctor Project Manager MAP/msm Enclosures cc: Heather Encinosa ACCEPTED AND AGREED TO APPENDIX A ONLY: BY: The City of Boynton Beach Date ACCEPTED AND AGREED TO APPENDIX B ONLY: BY: The City of Boynton Beach Date Appendix A ANNUAL FIRE RESCUE ASSESSMENT PROGRAM FISCAL YEAR 2006-2007 Scope of Services 1. Update the fiscal year 2005-06 fire rescue assessment roll for use in the recurring annual assessment program. 2. Advise the City in determining the fire rescue assessment revenue requirements for the fiscal year 2006-07 assessment program. 3. Calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the fiscal year 2006-07 assessment program. 4. Draft implementing resolutions that conform to the fire rescue assessment ordinance. 5. Advise and assist with the legal requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes including: (a) the development of the TRIM notice or the first class notice and its distribution to any affected property owners, (b) publication of the public hearing, and (c) the certification of the assessment roll to the Palm Beach County Tax Collector. FEES AND COSTS For services provided by GSG and NG&N, the lump sum fee for professional services for the proposed scope of services will be $25,300. The lump sum fee will be due and payable on a quarterly basis (assuming notice to proceed occurs by November 1,2005) as follows: Payment 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee Schedule December 2005 March 2006 June 2006 September 2006 The lump sum fee for professional services does not include anyon-site visits by representatives of GSG and . NG&N. On-site meetings may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences ion lieu of on-site visits. The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices for FY 2006-07. These costs depend on the number of assessable parcels of property within the City. However, mailing and production costs are $1.25 per parcel, due and payable at the time of adoption of the preliminary assessment resolution. Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. I A-1 CRITICAL EVENTS SCHEDULE Event Schedule Notice to Proceed November 2005 City Determines Net Revenue April 2006 Requirements Update Fiscal Year 2006-07 May-June 2006 Assessment Roll Calculate/Confirm Annual June 2006 Assessment Rates Preliminary Rate Resolution June 2006 TRIM or First Class Notices July - August 2006 Published Notice July - August 2006 Annual Rate Resolution July - August 2006 Certify Fiscal Year 2006-07 by September 15, 2006 Assessment Roll Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. I A-2 Appendix B UPDATE OF FIRE RESCUE ASSESSMENT METHODOLOGY FISCAL YEAR 2006-07 Scope of Services 1. Re-evaluate, and revise if necessary, the City's existing legal documents, ad valorem tax roll information. fire call data, agreements, reports and other data pertaining to the provision of fire rescue services. 2. Identify the full cost of the fire protection service delivery using the City's most current financial information and identify service delivery issues which may affect the apportionment methodology. Identify the alternative sources of revenue to fund the service delivery costs and determine the net service delivery revenue requirements. 3. Determine the total fire rescue assessment revenue requirements to ensure the City recovers the costs of: (a) net fire rescue service delivery revenue requirements, (b) implementing the program and (c) collecting the assessments. 4. Using the ad valorem roll and existing assessment roll, updated fire rescue incident data and revenue requirements, revise the apportionment methodology and apply to the assessment roll database to test the data validity and legal suffiCiency. Revise the apportionment methodology, as necessary. 5. Calculate proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2006-07 assessment program. 6. Prepare and present an Assessment Memorandum which documents proposed modifications to apportionment methodology and proforma assessment rates. 7. Draft all legal documents to conform to the service assessment ordinance to impose the updated fire rescue assessment to implement the City's policy decisions and proposed methodology. 8. Advise and assist with the legal requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with section 197.3632, Florida Statutes including: a) the development of the first class notice or TRIM notice and its distribution to any affected property owners, if required, b) publication of the public hearing, and c) the certification of the assessment roll to the Palm Beach County Tax Collector. FEES AND COSTS For the services provided by GSG and NG&N, the lump sum fee for professional services for the proposed scope of services for the update to the assessment methodology will be $52,500. The lump sum would be due and payable on a quarterly basis, assuming notice to proceed occurs by November 2005, as follows: Payment 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee 25% of lump sum fee Schedule December 2005 March 2006 June 2006 September 2006 Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. I B-1 The lump sum fee for professional services for the update to the assessment methodology includes at least two on-site visits by representatives of GSG to obtain initial data to update the assessment program. Additional on-site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on-site visits. The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices for FY 2006-07. These costs depend on the number of assessable parcels of property within the City. However, mailing and production costs are $1.25 per parcel, due and payable at the time of adoption of the preliminary assessment resolution. CRITICAL EVENTS SCHEDULE Event Schedule Notice to Proceed November 2005 Determine Net Revenue Requirements January - February 2006 Calculate Proforma Assessment Rates February - March 2006 Prepare Assessment Memorandum March - April 2006 Update Fiscal Year 2005-06 Assessment Roll May-June 2006 Preliminary Rate Resolution June 2006 TRIM or First Class Notices July - August 2006 Published Notice July - August 2006 Annual Rate Resolution July - August 2006 Certify Fiscal Year 2006-07 Assessment Roll by September 15, 2006 Government Services Group, Inc. and Nabors, Giblin & Nickerson, PA. I B-2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.S 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 0 December 6, 2005 November 14, 2005 (Noon) D February 7, 2006 January J 7,2006 (Noon) 0 December 20. 2005 December 5, 2005 (Noon) 0 February 21,2006 February 6, 2006 (Noon) [g] January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21,2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative 0 Development Plans NATURE OF r:8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing D Legal 0 Bids 0 Unfinished Business 0 0 0 Alillouncement Presentation 1'1 C"") D City Manager's Report ~~_:) . , RECOMMENDATION: _- Approval of the Traffic Enforcement Agreement between the City of Boynton Beach and the Crystal Key Home c5Wner~;; Association. U1 :;=}~; c~-~ [ . I \,-, EXPLANATION: The agreement facilitates the enforcement of traffic infractions within the Crystal Key community and on those private roadways located therein, The agreement does not create a special duty to engage in traffic enforcement activities. PROGRAM IMPACT: This agreement will not adversely effect departmental operations. FISCAL IMPACT: None AL TERNA TIVES: None ~CO oM'S' ..- lty anager sIgnature Police Department Name ~"?LS' (;ity Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION R06- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR TRAFFIC ENFORCEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORlDA AND CRYSTAL KEY @ WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. 17 WHEREAS, Crystal Key @ Woolbright Place Homeowner's Association, Inc., 18 (hereinafter referred to as "Association") owns or controls certain private roads lying and 19 being in the City of Boynton Beach, Florida; and 20 WHEREAS, Association does not have the power to enact or enforce traffic laws 21 within the Association, nor can it hire others with police power to do so; and 22 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the Association hereby 23 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those 24 certain private roads in said Association. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic Enforcement between the City of Boynton Beach, Florida and Crystal Key @ Woolbright 2 Place Homeowner's Association, Inc., attached hereto as Exhibit "A". 3 Section 3. This Resolution will become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this _ day of January, 2006. 6 7 8 CITY OF BOYNTON BEACH, FLORIDA 9 10 1 1 Mayor 12 13 14 Vice Mayor 15 16 17 Commissioner 18 19 20 Commissioner 21 22 23 Commissioner 24 ATTEST: 25 26 City Clerk 27 28 (Corporate Seal) 29 30 31 32 2 AGREEMENT THIS AGREEMENT is entered into, this _.___ day of _ between: , 2005, by and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach, Florida 33425, hereinafter referred to "CITY," and CRYSTAL KE"{ AT WOOLBRIGHT PLACE HOMEOWNER'S ASSOCIATION, INe., a master association of the homeowner association(s) of the development known as Crystal Key ("Development"), having a business address of c/o Point Management Group, 75 N.E. 6th Avenue, Suite 206, Delray Beach, FL 33483, hereinafter called "ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to 9316.006(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and cmde:-takings or th\:; partic.:; h-.::reto, ano other good and vaiuabie considerations, the parties hereto covenant and agree, each with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit "A," for traffic control purposes. 3.0 The ASSOCIATION shall provide CITY with a Resolution of the ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's services hereunder and authorizing the ASSOCIATION to enter into this Agreement. S:\CA\AGMTS\Traflic Enforcement\Crystal Key !lOA.doc Page 1 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." 4.1.The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1.All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit "A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2.In the event ASSOCIATION has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the City of Boynton Beach Pubjjc vVorks Department. 5.3.ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIA TION shall incur all costs of designing and installing such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk S:\CA\AGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 2 Manager upon execution of this Agreement. 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOClA TION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIA TION recognizes the autherity of CITY to patrol an private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or ( c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 with a copy to: G. Matthew Immler, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 TelephoLe No. (56i) 742-6!OO Facsimile No. (561) 742-6185 To ASSOCIATION: Crystal Key@ Woolbright Place Homeowner's Association, Inc. Attn: Abner Galdos, President 174 Hemming Way Boynton Beach, FL 33426 Telephone No. (561) Facsimile No. (561) Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. S:\CA \AGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 3 11.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent pennitted by law. 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent ofthe parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. , 14.0 Bi:ndillg Auth~,ri~l. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the tenn of such, or, upon completion ofthe tenn, entering into another Agreement, to provide for additional or revised tenns. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this _ day of ,2005. CITY OF BOYNTON BEACH BY: ATTEST: MA YOR BY: CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY S:ICA IAGMTSITraffic EnforcementlCrystal Key HOA.doc Page 4 STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeci'ed, AB~~R {3ALDOS, as Presider.t of CRYSTAl. KEY @ WOLLBFJGHT PLACE HOMEOWNER'S ASSOCIATION, INe., on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and who is personally known to me or has produced as wentification. IN WITNESS OF THE FO~GOING, I have set my hand and official seal at in the State and County aforesaid on thisjO day of NOve1Y1'3<R2005. ~tll~ ~t NOTARY PUBLIC . l ~ 00 My Commission Expires: 1-) I ~ DORIS KERSKfY f~~~~' My CO.MM.IS..SION #OD1.33809 . . 1 ~ ~XPIRW JUl 14.2.:5 co Bonded thmugh AlJvamage Notary S:\CA \AGMTS\Traffic Eoforcement\Crystal Key HOA.doc Page 5 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONTAINING THE SUBJECT PRIVATE ROADS S:\CA\AGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 6 ~ (RYST~ ~I ~~ - 2 ~; ~ - ~ :;:)~ rn - :0 \a - ~ '0. '" - 9; ~g; - - -- ",e KE~cN~DY . tystal Key Way. Do)'rtlOn B~h. \-Ioud;> J H:l" .. . S61 7.n I)) 7 EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT S:\CA\AGMTS\Traffic Enforcement\Crystal Key HOA.doc Page 7 CRYSTAL KEY HOMEOWNERS ASSOCIATION SEPTEMBER 27,2005 MINUTES President Abner Galdos called the meeting to order at 7:00 pm. Present for the meeting was Jan Lindway and Mike Quan. Eric Estebanez was present on behalf ofPointe Management Group. Willie Feliciano and Eugene Ford were absent. Motion made by Mike Quan to approve the minutes of June 28, 2005 was seconded by Jan Lindway and carried unanimously. Financial Report: Eric Estebanez gave the financial report for the month ending of August. There was $29,200.00 in the operating account, $16,400.00 in the AmTrust reserve account and the month ran at a loss of $375.00. The receivables were at $14,000.00 mostly due to those homeowners owing for the berm repayment. Manager's Report: Eric Estebanez read the Manager's report. A copy is on files for future reference. Motion made by Abner Galdos to approve the extension letter to the city with the change from sixty days to ninety days. Second by Jan Lindway and carried unanimously. Old Business: Discussion ensued regarding those homeowners that are delinquent in the berm re-payment. Motion made by Mike Quan to not send any homeowners delinquent on berm payments any final notices for the next six months. Second by Jan Lindway and carried unanimously. Motion made by Jan Lindway that each homeowner must pay 5% ofthe re-payment for the next six months, and then will be revisited. All late fees to date will be waived, if no payments have been made after three months then the homeowner will receive a final notice and be sent to the attorney. Second by Mike Quan and carried unanimously. Discussion ensued regarding homeowners parking in the pool parking lot. The Board stated that they will e-mail Pointe Management with the wording for a new sign for the pool parking lot. Motion made by Mike Quan to buy a new pool parking sign when the e-mail wording is sent was seconded by Jan Lindway and carried unanimously. New Business: The Board will be signing a contract with the City of Boynton Beach to enforce all rules within the community. The topic of changing the speed limit within the community was discussed. Motion made by Abner Galdos to accept the contract with the city of Boynton Beach and to change the speed limit within the community to be as low as possible within the law. Second by Jan Lindway and carried unanimously. Motion made by Abner Galdos to purchase 'children at play' and speed limit signs as needed was seconded by Jan Lindway and carried unanimously. Motion made to adjourn the meeting at 8:00 pm. CITY OF BOYNTON BEACH MEMORANDUM DATE: :yn::::S:::~::;S::Oli~ December 6, 2005 TO: FROM: RE: Crystal Key @ Woolbright Place Homeowner's Association Attached please find an original Traffic Enforcement Agreement from Crystal Key. This item can now be placed on the next available City Commission Agenda. Should you require additional information, please do not hesitate to contact me. S:\CA\MEMORANDUM\Immler (Crystal Key TEA).doc (((' . "'\'. t VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Oty Date Final Form Must be Commission Meetina Dates Turned in to Otv Clerk's Office D December 6, 2005 D December 20, 2005 ~ January 3, 2006 D January 17, 2006 NATURE OF AGENDA ITEM Requested City Commission Date Final Form Must be Meetina Dates Turned in to Otv Oerk's Office November 14, 2005 (Noon.) D February 7, 2006 D February 21,2006 D March 7,2006 D March 21, 2006 . .'---i January 17, 2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19, 2005 (Noon) January 3, 2006 (Noon) February 21, 2006 (Noon) r:J March 6, 2006 (Noon~j D Administrative ~ Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans .f-- D New Business '-';-=, D Legal !"\..) D Unfinished Business "'.- G~l D Presentation ~~c: r-r1 CJ RECOMMENDAnON: Staff recommends Commission approval by Resolution R06-_ the execution of seven (7) contracts for services for Community Development Block Grant (CDBG) sub-recipients previously approved for funding on August 2, 2005. EXPLANAnON: The sub-grantees have submitted required budgets, scopes of services, and timelines for performance as addendum to the contracts for services to be performed. PROGRAM IMPACT: The impact is the provision of much needed services that are eligible under the CDBG program provided to our community by various organizations, and the emphasis on growth of the economy. These factors meet the City's objectives and priorities as set forth in the Five Year Consolidated Plan. The grantees are as follows: Sub-Grantee Aid to Victims of Domestic Assault Boynton Beach Faith Based CDC Citizens Concerned About Our Children Community Caring Center Fair Housing Center Palm Beach County Resource Center Program Provides 24 hours CriSIS hotline services for victims of family violence needing a safe environment, counseling, case management, & group counseling for adults, elder victims, & children. Provides activities under its Affordable Housing Development Initiative which includes homeownership counseling, lot acquisition, & single family home construction, acquisition of existing homes for rehabilitation & resale, project development, and marketing and other initiatives. After school tutoring for at-risk students at various locations within the target area. Provides emergency services for City residents to include food, shelter, medical & utility bill assistance, as well as support group counseling for drugs & HNjAIDS, and job skills training, advocacy, and education. Provides monitoring for compliance with fair housing laws, as well as assistance for victims who seek to access legal redress & relief. Provides activities throughout the year for the public, media, and financial institutions for information and education to include a quarterly newsletter. Provides economic development & job creation by assisting in providing job plans, loan packaging, workshops, & procurement assistance for existing & new up-start businesses. Award $20,000 $70,000 $7,500 $50,000 $10,000 $25,000 S:\Community Improvement\Agenda Requests\2006\CCI-3 CDBG Contracts.doc /(jr ~. Y. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM R. M. Lee CDC Provides job training & counseling, with emphasis on job searches, resume $80,000 development, application submission. Programs also include economic & community development opportunities, youth programs, and addressing problems of affordable housing for seniors and residents of public housing. FISCAL IMPACT: A total of $262,500 has been awarded to these grantees for fiscal year 2005/2006. Department of Development Community Improvement Division Department Name \ -- / '\. ~'INt{ S City Attorney / Finance / Human Resources S:\Community Improvement\Agenda Request5\2006\CCl-3 CDBG Contracts. doc -...... ~f, '\\/ .: ~. ..... I " VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Commission MeetinQ Turned in to Citv Clerk's Dates Office IZJ August2,2005 July 16,2005 (Noon.) 0 August 16, 2005 August 1, 2005 (Noon) 0 September 6,2005 August 15,2oo5(Noon) 0 September 20, 2005 September 6,2005 (Noon) Requested City Date Final Form Must be Commission Meetina Dates Tumed in to Citv Clerk's Office o October 5, 2005 o October 18, 2005 o November 1, 2005 o November 15, 200S September 19, 2005 (Noon) October 3, 2005 (Noon) _n, ~ober17,2005(Nooa) (,.-- c: ~ober31,2005(No~ ('.) -.-f -.,,;~ . -"I c' 0 Administrative 0 Development Plans -0 NATURE OF IZJ Consent Agenda 0 New Business ~.:::a AGENDA ITEM 0 .- 0 Public Hearing Legal 0 .r-- 0 Bids Unfinished Business \.D 0 Announcement 0 Presentation 0 City Manager's Report ~'-~ ,".-: :1:, './': ---. c; ~-- .~..... ~~ro -fl1 g:r> C") ::I: RECOMMENDATION: Staff recommends Commission approval by Resolution R05- _ The City of Boynton Beach's 2005/2006 Community Development Block Grant (CDBG) One-Year Action Plan. EXPLANATION: At the City Commission meetings of July 5th and July 19th. the City Commission. having reviewed both Citizen Review Committee and staff recommendations for funding next fiscal year, determined that the following activities will receive funding as detailed in the One Year Action Plan: Aid to Victims of Domestic AssauIL.................................................20.oo0 Boynton Beach Faith Based CDC ....................................................70.000 Citizens Concerned About Our Children ............................................ 7.500 Community Caring Center ....... ............ ...... ..... .................. ....... .... ..... 50,000 Fair Housing Center (administrative).............. ......... ..... ........... .............. 1 0.000 Housing Rehab & Delivery..................... ................ .........................217 .558 PBC Resource Center......... .................. ........... ......... ................ .......25.000 Planning & Administration ..............................................................110,464 R. M. Lee CDC .. ...... ....... ............................... ..... ................. ..... ........ 80.000 Summer Camp Scholarships............................................................ 11.800 TOTAL .~...... ....... ...... .... .............. ....................... ....... ..................... $602,322 PROGRAM IMPACT: The CDBG Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. FISCAL IMPACT: The City Of Boynton Beach expects to receive $602.322 for this program to continue its Community Development efforts. ALTERNATIVES: The City Of Boynton Beach would have to use ad valorem dollars, or would have to discontinue its revit . ti n efforts. Development nature Community Improvement Division Division Name S:\Community Improvement\Agenda Requests\2005\CC 8-2-05 CDBG 1 YearPlan.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION R05- 130 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ADOPTION OF THE CITY OF BOYNTON BEACH'S 2005-06 COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR CONSOLIDATED ACTION PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is entering into its ninth year of receiving federal grant funds as an entitlement community; and WHEREAS, a One-Year Action Plan has been developed with activities listed, setting forth how the City intends to utilize the funds available to best address urgent needs, which plan is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 23 as being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves 26 the adoption of the City of Boynton Beach's 2005-06 One Year Action Plan, which Plan is 27 attached hereto as Exhibit "A" and made a part hereof. 28 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\05-06 One Year Plan (Conun lmp).doc 1 2 3 4 5 6i 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PASSED AND ADOPTED this Ol day of August, 2005. CITY OF BOYNTON BEACH, FLORIDA J;Y-l~~ ~j> ../ .'- .::.> ) '. .- . ..' . ,....- ,:'., ..;._.1("" ._ . /~ .' -', ~or i...... laA./tt~ ;;:::.er t!- h . ~ Commissioner . ~ Commissioner S:\CA\RESO\05-06 One Year Plan (Comm Imp).doc 1 2 3 4 RESOLUTION R06- 5 6 A RESOLUTION OF THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, 8 AUTHORIZING EXECUTION OF SEVEN 9 CONTRACTS FOR SERVICES BETWEEN THE 10 CITY OF BOYNTON BEACH, FLORIDA, AND 11 SEVEN (7) SUB-RECIPIENTS OF COMMUNITY 12 DEVELOPMENT BLOCK GRANT FUNDS (CDBG); 13 AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, the City of Boynton Beach has entered into an agreement with 16 the United States Department of Housing and urban Development for a grant for the 17 execution and implementation of a Community Development Block Grant Program 18 in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and 19 Community Development Act of 1974, (as amended); and 20 WHEREAS, the City of Boynton Beach desires to enter into Agreements 21 with seven (7) sub-recipients, who have previously submitted all necessary 22 documentation required, including budgets, scopes of services, and timelines for 23 performance; and 24 WHEREAS, a copy of each Agreement is attached hereto and made a part 25 hereof; 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 27 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida 32 does hereby authorize execution of seven (7) Agreements between the City of 33 Boynton Beach, Florida and sub-recipients, as follows: 34 1. Aid To Victims of Domestic Abuse, Inc. - Funding Amount 35 $20,000; S:\CA\RESO\Agreements\Grants\CDBG - SubReeipient Agreements 121505.doc 1 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 2 3 4 5 6 7 8 9 10 II 12 13 Section 3. 14 passage. 2. Boynton Beach Faith Based Community Development Corporation - Funding Amount $70,000; Community Caring Center of Boynton Beach, Inc. - Funding Amount $50,000; Committed Citizens Concerned About Our Children, Inc. _ Funding Amount $7,500; Fair Housing Center of the Greater Palm Beaches, Inc. _ Funding Amount $10,000; Palm Beach County Resource Center - Funding Amount $25,000; 3. 4. 5. 6. 7. R.M. Lee Community Development Center, Inc. - Funding Amount $80,000; This Resolution will become effective immediately upon PASSED AND ADOPTED this _ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA 15 ATTEST: Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (Corporate Seal) S:\CA \RESO\Agreements\Grants\CDBG - SubRecipienl Agreements 12) 505.doc 2 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 667, Delray Beach, FL 33447 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means' Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division 4) "The Agency" means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Puroose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount - of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $20,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CIO for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the aD Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with cm. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to GD. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon ClD's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CIO, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grant~e Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as ClD, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled .or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-ll0 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the~ parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) TItle VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and TItle II of TItle VI of the Ovil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501<9(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City. under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to aD. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Indeoendent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law. applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2005. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY AID TO VICTIMS OF DOMESTIC ABUSE, INC. By: By: [CORPORATE SEAL] Page 14 of 16 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and u.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 . -IIJI ~VDA ! Com:ru:u7Iily of Hope Aid to Victims of Domestic Abuse, Inc. p,O, Box 6161 Delray Beach, FL 33482-6161 Phone: 561-265-3797. Fax: 561-265-2102 24-HOUR CRISIS HOTLINE 1-800-355-8547 City of Boynton Beach Community Development Block Grant (CDBG) Agreement 2005-2006 "'>, ,-::II @~a nn R i5' I:".~ \'11 ", ~ ~~ ~ " SEP : 8 lOO5 COMMUNITY IMPROVEMENT ADDENDUM SCOPE OF SERVICES: Provide programs in schools to students in Pre-K to 5th grade designed to prevent domestic violence and to identify children living in homes where domestic abuse is present. The school program, entitled P A VB (preveIition Against Violence Early), will provide classroom educational presentations focusing on the identification and expression of feelings, self-esteem, establishing healthy relationships, safety planning and learning non-violent problem solving skills. Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. TIME LINE FOR PERFORMANCE: October 1, 2005 through September 30, 2006 BUDGET: Salary: Youth Intervention Specialist $ 16,490 Benefits: FICA 1,261 Workers Comp 277 HealthlDental Insurance 1,972 Total benefits 3,510 Total $20,000 GOALS OF THE PROGRAM: Provide domestic violence education presentations for 2,500 students Provide safety planning for130 students Provide support groups for 130 students. ,/} a. (J' (~ ,- Submitted by: ~ Ih _ ~ Pamela Ar O,'Brien, Executive Director Aid to Victims of Domestic Abuse, Inc. Grant Contact person: Janet Amigone, Associate Director FUNDERS ~~ t1fJ1I1:5T PNfE:5TK: YIDllKCE ~LO.IOADI"II.IHI OF ~ (] 1/1.1 lZI:V; rZJ CHILDREN'" <;J:f.-\US ~ Cll./\(]l ~ & FAMILIES ,"'W""",,; Ch~d.~C~'JI!'.'d p_ee....c..l1n1y H....!nII & COfllIJlIIftity e'. Unfte4 w.y -'PaIN aeed. CMnty City 0' Boa fUton Palm Beada Community Chest United Way United I~ Way~ ,... .. . . . . AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LElTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Subject: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT From: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 337, Boynton Beach, Florida 33425 and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Community Improvement Division Page 1 of 16 4) "The Agency" means BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the cm Policies Procedures 6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $70,000.00 for the period of October I, 2005 through September 30, 2006. Page 2 of 16 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3 of 16 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, Page 4 of 16 shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-ll0 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by aD and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, cm and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by DD, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equjpment expenditures of $1,000 or more; c) Allout-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. Page 5 of 16 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and emplo_yment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, Page 6 of 16 these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; _(2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. Page 7 of 16 E. Audits and Inspections At any time during normal business hours and as often as CID, the City, u.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-B3. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-B3, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-B3 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated Page 8 of 16 under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. Page 9 of 16 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-llO, A-l22 and A-133 Page 10 of 16 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Polides and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to CID by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not Page 11 of 16 remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under lltle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.s. HUD funds. proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12 of 16 Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of ,2005. AlTEST: JANET PRAINlTO, CMC CIlY CLERK, CIlY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CIlY CLERK CIlY MANAGER APPROVED AS TO FORM: CIlY ATTORNEY BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION By: By: [CORPORATE SEAL] Page 14 of 16 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE USTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by OD, be conducted by OD staff or its contractor, and will ensure compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 Affordable Housing Initiative Scope of Services Submitted to: Octavia S. Sherrod, Community Development Manager Division of Community Improvement City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Submitted by: Gerone Powell, Project Manager Boynton Beach Faith Based CDC PO Box 337 Boynton Beach, FL 33425 Phone: (561) 752-0303 Fax: (561) 752-0302 Date Submitted: October 1, 2005 Target Area: The Heart of Boynton Community- North of Boynton Beach Blvd to the Boynton Canal (C16), and East ofI-95 to Federal Hwy. Plus the area East ofI-95 north from the Canal till Gateway Blvd Funds Awarded: $70,000 Time Period: October 1, 2005 to September 30, 2006 Scope of Services: The CDC is proposing to use CDBG funding to continue and further advance it's Affordable HousingDevelopment Initiative. This activity has 4 parts for which funds are being sought: . Homebuyer Counseling and Assistance in Obtaining Financing for First Time Homebuyers . Lot Acquisition and Single Family Home Construction . Project Continuation . Marketing and Events Homebuyer Counseling: We plan on having an initial contact with 200 prospective clients (fill out "Inquiry" Form). The CDC's homeownership preparation program provides one-on-one pre-purchase home buying counseling that assists families in overcoming their barriers to becoming homeowners. For 10ng- term participants, the CDC monitors and follows up with the clients on a monthly basis. Counseling components include: . Pre-screening · Current financial assessment and initial pre qualification · Education on the mortgage qualification process and credit reports/repair · Assembling the information needed to apply for a loan · Assistance with preparing loan and subsidy package · Developing a strategy to overcome barriers · Subsidy package verifications · Creating a personal budget · Support and follow up We plan to help 20 people close under the SHIP Program in Boynton Beach. Lot Acquisition and Single Family Home Construction After families graduate from homebuyer counseling, quality affordable housing opportunities need to be available. This part of the activity involves: · Securing financing · Project development · Acquiring land · Coordinating and managing the construction of single-family homes. The CDC has an Acquisition-Construction line of credit with LISC to finance the process. We plan on building five (5) homes in 2005/06. Houses will be sold to low and moderate-income first time homebuyers. Handy Man Program This program provides minor home repairs to member of the community who have financial and physical limitations and who have been cited for code violations. Heart of Boynton Plan The development of projects, Par1nerships (joint LLCs), and strategies as a part of the on-going Heart of Boynton Redevelopment Plan. , Marketing and Events Through a series of community activities the CDC organize local residents and churches for outreach to the community, sending a positive message of hope and love. The events are a very visible way to lift sprits in the community and get people involved in the programs of the organization. Our annual events include: · Homebuver's Fairs (2) - Educational fair held in partnership with the City of Boynton Beach and Local Banks to generate interest in homeownership, and get families to put . there tax return money to the best possible use. · Homebuver's Workshops and Classes - Monthly workshops that will introduce people to purchasing a home, and increase the CDC's client base. The office will be used as a homebuyer class by several area organizations such as CCCS and LIFT · Love Festival (faI12006}- Gospel music, BBQ Cook Off, Prizes, Many other non-profit organizations come out to spread information · Youth Talent Show (May 2006) - Showcases the talents of local elementary, middle, and high school aged students. The event is held at Poinciana Elementary. · Thanksgiving and Christmas Dav Dinner (Christmas Day} - The CDC provides food for the needy on Christmas Day Funding CDBG funds would be used to pay the following salaries (see attachedjob descriptions): · Assistant Director - Provide $32,375 in salary. Manage overall single family housing and counseling initiative, continue the implementation of the acquisition and construction of single- family homes and develop the projects mentioned above. · Home buying Counselor - Provide $37,625 (full salary of $35,000 plus $2,625 for FICA) for this the position. The Home buying Counselor is responsible for one-on-one home buying counseling, presenting workshops to prospective homebuyers, and. for training the AmeriCorps staff member. Budget 2005-2006 CDBG Budget: Assistant Director (Project Manager) Salary $32,375 Homebuyer Counselor Salary FICA TOTAL $35,000 $ 2,625 $70,000 Proposed Objectives: Obiective . Have 4-community/promotional events · Provide homebuyer's counseling to 200 households . Help 20 people become homeowners . Construct 5 new homes in the community · Acquire or begin development of a rental property or of an ownership multi-family property Measure number of events number of households number of new homeowners nuniber of homes constructed Property/lot identified and predevelopment activities started BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BElWEEN THE CITY OF BOYNTON BEACH AND COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMITTED crnZENS CONCERNED ABOUT OUR CHILDREN, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1047 S.W. 28th Avenue, Boynton Beach, Florida 33426 and its Federal Tax Identification Number as 65-0939596. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to litle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMITTED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMITTED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means COMMmED CrnZENS CONCERNED ABOUT OUR CHILDREN, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $7,500.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with aD in accordance with Part N, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-l10 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, cm and U.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the aD Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and MinoritylWomen Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-B3. Nonprofit organizations expending federal awards of $300,000 or more under. only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMS A-B3. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-B3, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMS Circulars A-HO, A-B3 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to aD within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with aD in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the ,provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the _parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Orculars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with COBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the Oty by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2005. ATTEST: JANET PRAINITO, CMC CITY CLERK, cm OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY COMMITTED CmzENS CONCERNED ABOUT OUR CHILDREN, INC. By: By: [CORPORATE SEAL] Page 14 of 16 ~~~~ Tutorial Network Scope of Services CCCC will assist member tutorial programs by providing: · Leveled Reading books or other instructional material, eligned with state and school district curriculum goals. · Centralized training of parents and volunteers. Through an egreement with the Boyn~on Beac~ Library, neighborhood schools and the school district, ~onthly seminars will ce held at the l~brary to educate volunteers from participating centers on varioJs educational topics. CCCC or school volunteers will provide additionql small grcu~ training as needed at each tJtorial center. · Advocacy in communications with schools and the school district. Since CCCC is composed of current and former instructors, and has direct co~ta8t with area principals end school district officials, we ~ay be able to assist in resolving conf~ict and enhanci~g the bi-directional flcw of information between the commJnity and neighborhood schccls. CCCC Tutorial Network Budget ~ 1 . ~.~____~._~~..._~~_w_.~__~..~~..~__.__.,_.___.,~_._.~_,.~._~ ____....~~__.___~_~.~__.~w__.~__~_.____.~_w___v_,___~__----.---.-.~~----~-- f .---~---_._-.____.____~____~~ : i , I :'R-esources-"-'-"-"~~~~=~=~~~=::=~:.:::~::::.~.=:-.=~:~~:~:::=::::~=::~'.=':::'.'.==::._-~=.:==::::~::1._.::::=:::::===:::::-'=1 :'-;-'-Educ~-ti;'n'~T Resour~es 1 $:'500 . c .l\ccelerate Tutorial Program ( CCCC @ Ezell Hes~er) . c St. Pauls ~~ Ch~rch ~urorial c St Cohns Missionary Baptist Ctur8h Tutorial c DayStar Academy Tut8r~al Program c Galaxy E~e~entary School TJtorial Prcgram , c BOYLton Beach Ch~rch of God of Prophecy Tutoria~ I f-Re'.sou:rcesT'otai"~'-'''''''--'''-''-'''''''''''''''-''--'~'''''-''-''''''''''-~-''-''--''-''-''. $:> 5 0 0 O'.-------.-.-.----........-...--......--.-.....---~..--..--......----..-.---.......-.___..____...__.._._ ____,.... , Tr3ining-.-.-.----~~~~~~=~---=~~=_==~~==:=~~_~.=~==_..:-~=.==~.~==~:.-:::=_==~:=:j..-.~:.--.-.-----=, r-~-...Monthiy-s-;;~Ina~s i-Teacher Stipends ! $750 .. 'Tril n i ng --&-Marke~ ~'ng Tot.ilr-....-..-..----....-.-...... ...........----..-..---.---..--- . $ 750 r-.-------.----...-..-.---.---.----.---.---. ......-....,-.--...-.-......,--..----...--.-...-. -.- .-.......--.---"1'-..--...-.. "-"-'~"-'--"". [g~Tn~isfr ~0_~~__Expe..n.se~.-.-:~~~~~=:=:=..:.~::=_~..._~:=~-.=:=.::::===:::.:~==~:::=::==:==t::..:--...--.-....~.:~:] :. Insurance ! $1250 . :'Adili n riti a fTo.i1--ro-t"ill-..-..---.-----..---------..----.--.......--.,...-.......-.. $125 0 . :.-.--~_~_______________.______.__.._._.____.______...__.._~~__~_______.___..______,~..___~._.~_....__.___n_~___._~__ __,.....~____.____.___.___._"...._.__.~ . . ~..._----_..-..---------..---..-~--------.-_.._.__.____.......__.._...,_____.__....___'M._.._~.... '-----.-...---.--.~~........-.-.-...-..........--..--..--.._.--.....----.. -...... ..--......-....... .......-..-......................__..___....--1_...._......._..___.._.. -'-'-', , I l.-_...._....._..M_.._._._.~.____...__._.._.._._...._...___.___.__._.....__.__..._..___.._._.__.._.....___1.. [:::=~:~-~=.-~~=~==-.-~::::::~.~:.~:~~~:~:-~~~~~~~.::-:-~:=~..=:==.:.::.:==:~::::..::.:-=~:~:::....=.:=-::::=-=.:.=:-J-_.__. ..-.--.----~ , I 0...-.--...-....--. .-........----..--...-.....-..-....-_.._.___._..____..__. _.____.0. _____.... _.____ _. __'____"0____...__ ~.-....-_..-.-_-.--...-...-._, i.~~~~_!~:torial Network Total ...._I..~.?Ls.()() . CCCC Tutorial Network Timeline for Performance I Se?~ - Oct 2005 I I Oct - Dec 2005 i I I I I Jan 2005--- I . I I · I I I I I . i i . I I · I . Establish contact vri th part~cipating progra:ns. 1 Conrect with local elenentary SChOOls~nd det~rmire teaching contacts =o~ educatio~al semlrars. Furctase resources based on st~den-: population. I Distribcte resources and tracklng doccmertetion. Collect student infornat~on =o~ district level grade collection. Eegir Seminar series on FCA~ P~eparation Meascre pcrental involvement levels -- . July - Aug 2005 . Collect FCAT scores from participa-:ing st~dents anc compere against our goa_s. Goals and Objectives Tte goal of the CCCC tuto~ial network is to improve the social ard ecademic performance of local st~dents by enabling local tctorial prograns to bette~ meet the needs of students in cooperation with ne~ghborhood schools and our community library. CCCC desires to participate with tutorial prJgrams in the following ways. · ccce will partner with establisjed programs that have an existing base 0= volunteers and students before starting new tutorial centers. · ccee will deve~op ongoing semi~ars, trainings, and prcgrams in partnership with the Boynto~ Library and neighborhccd schools to tra~n volunteers. · ceec will prov~de a basic set of resJurces to tutorial centers and nonitor their needs on an ongoing basis. · cece will per~odically pull acade:nic and discipline re~crts on students from the school distri2t and encourage proactive intervention -:hrough tje tutorial center, parent, end scnool to help the s-:ude~t im~rJve. Program Goals Tr cooperation with membe~ tu-:orial centers, CCCC would like to telp students inprove in the followi~g areas: · 1 reading leve~ improvement in a student's reading performance on the FeAT over tje s~hJol year. · 75% mastery of math skills tjat are expected to be mastered ct the student's grade level. · Increased parent & community i~volvernent in the lives cf their students. · Help parents understand -:he Why's of education and the power they have to help -:heir st~dents through educaticnal seminars. COMMlTIED CITIZENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CIO Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CIO and U.S. HUO regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CIO, U.s. HUO and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. O. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CIO, be conducted by CIO staff or its contractor, and will ensure compliance with U.s. HUO regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to cm on program activities. Page 15 of 16 COMMITTED CmzENS CONCERNED ABOUT OUR CHILDREN, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone ] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BElWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER of BOYNTON BEACH, INC. THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNIlY CARING CENTER of BOYNTON BEACH, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 145 N.E. 4th Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to TItle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNIlY CARING CENTER of BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNIlY CARING CENTER of BOYNTON BEACH, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means COMMUNIlY CARING CENTER OF BOYNTON BEACH, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or deSignee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. "Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented. by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and u.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 OD the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Comoliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and MinoritylWomen Owned Business Enterprises In the procurement ofsupplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-B3. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMS A-B3. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-B3, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMS Circulars A-llO, A-B3 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Prooerty All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to 00, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by Oty of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the -parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation CertifICate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under l1tle I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to aD. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to cm at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section 0(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.5. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of , 2005. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CITY MANAGER APPROVED AS TO FORM: CITY ATTORNEY COMMUNITY CARING CENTER of BOYNTON BEACH, INC. By: By: [CORPORATE SEAL] Page 14 of 16 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the C10 Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to C10 and u.s. HUO regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with C10, U.s. HUO and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. O. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by C10, be conducted by C10 staff or its contractor, and will ensure compliance with U.s. HUO regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CIO on program activities. Page 15 of 16 Community Caring Center of Boynton Beach, Ine. Addendum to Contract ~ ~@ ~Oy ~ # /J,? 14t~04t. 'If <'Ib ~~ ~ot'v~ ~ ~4i.'/)-r ~"')- SCOPE OF SERVICES The Community Caring Center of Boynton Beach, Inc.'s mission is to provide emergency assistance to those within the greater Boynton Beach area that are in need by providing the following servi~es: Food Pantry at the CCC office and at the Boynton Beach Senior Center SHARE (Self Help and Resource Exchange) Program at the Hester Center Vouchers for 1- or 2-night stay at a motel as temporary shelter Financial Aid for the following: Transportation - a I-day or 3 I-day bus pass, or a voucher for $10 - $20 for gas Utility bill payments up.to $150 once a year Rent and/or Mortgage Assistance up to $450 once a year Medication Vouchers for medication Nutrition Education to kindergarten students Volunteer Caregiving for Frail and Elderly (Faith in Action Program) Advocacy regarding nutrition, food, aging, and domestic violence Referral services Hurricane recovery fmancial aid, food vouchers at the Beacon Center, and Long Term Hurricane Case Management Homeless outreach program partnering with Grace Community Church each Monday This year we will be adding an Hispanic child nutrition education component, and family budgeting class for cronic financial aid assistance families, Food Stamp community partnership with DCF, TIMELINE FOR PERFORMANCE Other than hurricane recover emergency financial assistance, the remainder of the programs are a continual task beginning October I, 2005 and continuing through September 30, 2006. Proriam Bud2et - FY 2004/05 Salaries: $35,500 25% of the Executive Director's Salary providing direct client services Bookkeeper Four (4) part-time In-take Counselors Job descriptions are attached Utilities: Worker's Compensation Insurance Food Pantry Auto Insurance Mortgages: Audit: $ 1,000 $ 3,500 $ 3,000 $ 3,000 $ 4.000 TOTAL BUDGET: Rev. November 8, 2005 $50,000 COMMUNITY CARING CENTER of BOYNTON BEACH, INC. EXHIBIT B LETIERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Subject: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT From: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 1300 West Lantana Road, Suite 200, Lantana, Florida 33462 and its Federal Tax Identification Number as 65-0972629. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to TItle I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINmON AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by u.s. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to cm. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. lime of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.s. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by u.s. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30/2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and u.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERALCONDmONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon OD's request. D. Evaluation and Monitoring The Agency agrees that aD will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, u.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMS A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMS A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is 'not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 1. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-l10 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Particioation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made pOSSible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-l33 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation CertifICate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2005. ATTEST: JANET PRAINITO, CMC CTIY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CTIY CLERK CIlY MANAGER APPROVED AS TO FORM: CTIY ATfORNEY FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. By: By: [CORPORATE SEAL] Page 14 of 16 FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE USTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and u.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by aD staff or its contractor, and will ensure compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 \, Fair Housing Center of the Greater Palm Beaches FY 2005-2006 Scope of Services/Time Line for Performance for the City of Boynton Beach Fair Housing Center will operate a toll free hotline that will phone counseling information for victims of housing discrimination and referral services to file complaints and seek redress. This activity will be ongoing. Fair Housing Center will conduct five (5) fair housing workshops for community based organizations, civic and religious groups to inform them about means to seek redress of grievances related to housing discrimination and predatory lending, under federal, state and local fair housing laws. This activity will be ongoing. Fair Housing Center will network with public and private agencies, to jointly address fair housing issues in a cost effective non-duplicating fashion. This group includes, U.S. Dept. of Justice, HUD, State Attorney, Fla. Attorney General, Palm Beach County Office of Equal Opportunity, Coalition for Independent Living Options, Urban League, NAACP, American Jewish Committee, Guatemalan Maya Center, Farmworkers Coordinating Council, Haitian American Council and ASPIRA Palm Beach. This activity will be ongoing. Fair Housing Center will implement a fair housing public information campaign utilizing electronic/print media outlets that will include television, radio and newspaper advertising. Distribute fair housing newsletter, posters, brochures and pamphlets and monitor housing advertising for fairness. This activity will be ongoing Fair Housing Center will conduct an outreach campaign that informs persons with disabilities, their support organizations, and service providers of their right to freedom of choice in the housing market. This activity will be ongoing. Fair Housing Center will publish a fair housing newsletter. This activity will De ongoing. The Fair Housing Center will provide and maintain a fair housing web-site. This activity will be ongoing. Fair Housing Center will assist the City of Boynton Beach in formulating it's Action Plan, enabling the City of Boynton Beach to meet it's responsibility to "affirmatively further" fair housing. ~~cg~nw~@ SEP 2 9 2005 COMMUNITY IMPROVEMENT , FAIR HOUSING CENTER OF THE GREATER PALM BEACHES. INC. ITEMIZED ACTIVITY BUDGET FY-2005-2006 1. Publish a Fair Housing Newsletter. 2. Operate a toll free hotline providing counseling information, investigation and referrals. 3. Conduct five (5) Fair Housing workshops for community based organizations, civic groups, electronic/print media, financial institutions and others in the housing industry. 4. Network with public and private agencies to jointly address fair housing issues. 5. Implement a fair housing public information campaign, utilizing electronic/print media outlets that will include television, radio and newspaper paid advertising. 6. Conduct an outreach campaign that informs persons with disabilities, their support organization and service providers of their right to freedom of choice in the housing market. 7. Assist the City of Boynton Beach in formulating its Action Plan to meet its responsibility to "Affirmatively Further" fair housing. ITEMIZED BUDGET Salaries Program Director Fair Housing Specialist FICA Workman Comp $4,616 4,039 662 73 Total Personnel Services $9,390 Administrative Office Space Rental $ 610 TOTAL PROJECT EXPENSES $10,000 I. FAIR HOUSING CENTER OF THE GREATER PALM BEACHES Goals to Accomplish for 2005-2006 This CDBG funding from the City of Boynton Beach will playa critical role in enabling the FHC to expand its Fair Housing Services to ensure "fair housing choice" in the City of Boynton Beach. This initiative will assist the City of Boynton Beach in implementing its Fair Housing Plan and help build public support for fair housing efforts throughout the City of Boynton Beach. This initiative will also help the city develop a realistic and effective Fair Housing Plan agenda, by assisting the area residents to understand the Consolidated Plan requirement, to Affirmatively Further Fair Housing. The goal of these activities is to combat housing discrimination and predatory lending by insuring compliance with local, state, and federal fair housing laws. Civil Rights awareness and compliance will ultimately result in the substantial increase of housing opportunities and freedom of choice for all residents, especially those who are at risk of experiencing housing discrimination on the basis of their protected class status, (e.g., race/color, religion, national origin, familial status, sex, disability, age, marital status and sexual orientation). An FHC media campaign highlighting penalties and settlements will put violators on notice, resulting in a more educated and informed housing industry. In addition, the FHC will operate as an information clearinghouse to local housing industry to assist them in the full knowledge of their obligations and responsibilities under federal, State and local fair housing laws and ordinances. This britiative will ensure that the general public and protected classes living in the City of Boynton Beach become knowledgeable concerning fair housing laws and the means available to seek redress for fair housing rights violations. FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # . requesting reimbursement in the amount of $ . The expenditures for this invoice covers the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY RESOURCE CENTER THIS AGREEMENT, entered into this day of , 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and PALM BEACH COUNlY RESOURCE CENTER, a non- profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2001 Broadway, Suite 250, Riviera Beach, Florida 33404 and its Federal Tax Identification Number as 65-0880746. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and PALM BEACH COUNTY RESOURCE CENTER desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage PALM BEACH COUNlY RESOURCE CENTER to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means PALM BEACH COUNlY RESOURCE CENTER Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the u.s. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual. amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $25,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the aD Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CITY and u.s. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 aD the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterorises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.s. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement. Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is. not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by GO. Items 9 through 14 above shall be transmitted to cm by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to aD at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.s. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of . 2005. ATTEST: JANET PRAINITO, CMC CITY CLERK, CTIY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CITY CLERK CI1Y MANAGER APPROVED AS TO FORM: CTIY ATfORNEY PALM BEACH COUNTY RESOURCE CENTER By: By: [CORPORATE SEAL] Page 14 of 16 PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and u.s. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, u.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.s. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 " PALM BEACH COUNTY RESOURCE CENTER EXHIBIT A SCOPE OF SERVICES, BUDGET, AND GOALS I. SCOPE OF SERVICES A. Provide management and technical assistance to small businesses located within the City of Boynton Beach. B. Provide procurement assistance to minority owned businesses located within the City of Boynton Beach by providing certification packages, estimating assistance, access to plans room, opportunity matching, and dissemination of Dodge Reports. C. Provide management and marketing assistance to businesses participating in the program by providing assistance in developing business plans, feasibility studies, strategic analysis, incorporation services and the coordination of procurement and special events. D. Provide financial services in the form of loan packaging, surety bond packaging, letters of credit requests and data modification packages. BUDGET Management & Technical Assistance to M/WBE's and businesses in Boynton Beach Initial Program Setup Costs (Labor and Materials).........................................$4,000.00 Plans Room Update & Opportunity Identification...................................................... 2,500.00 Completion of Certification Packages, Loan Packages, Business Plans, InGorporations, Take~Offs, and Financial Projections, etc~..............~................. 18,500.00 TOTAL........ ..... ...... ......... ..... ...~.. .... ............. ....................... ..... ............. ...................... $ 25,000.00 III GOALS PBCRC GOALS October 1, 2005 - September 30, 2006 Jobs Retained 6 ,~"c#;,9ti,Nlwl~lf~ni~~~~~fJt~Qjj(~~;:,{:;t.~~<;);f:~cJ~r::~):;~t~t~:~~l>~~~~~;i PALM BEACH COUNTY RESOURCE CENTER EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From: [Name of Sub-grantee] [Address] [Telephone] INVOICE REIMBURSEMENT Subject: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. THIS AGREEMENT, entered into this day of . 2005, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and R. M. LEE COMMUNTIY DEVELOPMENT CENTER, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 900 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0937804. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and R. M. LEE COMMUNTIY DEVELOPMENT CENTER, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage R. M. LEE COMMUNTIY DEVELOPMENT CENTER, INC. to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A. Definitions: 1) "City" means City of Boynton Beach 2) "CDBG" means Community Development Block Grant Program of the City of Boynton Beach 3) "CID" means Division of Community Redevelopment 4) "The Agency" means R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. Page 1 of 16 5) "CID Approval" means the written approval of the Director of Development or designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6) "U.s. HUD" means the Secretary of the U.s. Department of Housing and Development or a person authorized to act on U.s. HUD behalf 7) "Low and Moderate Income Persons" means the definition set by U.S. HUD B. Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low- and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit "A", and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDmONS OF PAYMENT A. Maximum Comoensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $80,000.00 for the period of October I, 2005 through September 30, 2006. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 2 of 16 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twenty percent must be approved by the Commission of the City of Boynton Beach. B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B-05- MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Agency by September 30, 2006. C. Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and shall be submitted to CID for approval no later than thirty (30) days after the date the indebtedness was incurred. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices must be submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be receivea if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate the commencement date of this agreement. Page 3 of 16 D. Conditions on which Payment is contingent: 1) Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the agency's personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2) Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3) Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4 of 16 4) Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110 and A-122, incorporated herein by reference. 5) Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthly, bi-weekly, etc.) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6) Additional CID, CI1Y and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.s. HUD at any time. 7) Prior Written Approvals - Summary The following includes, but is not limited to, activities that require the prior written approval of the aD Manager or his designee to be eligible for reimbursement or payment: a) All subcontracts and agreements pursuant to this Agreement; b) All capital equipment expenditures of $1,000 or more; c) All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d) All change orders; and e) Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8) Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5 of 16 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9) Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID's prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach's Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A. Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B. Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement ofstJpplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6 of 16 C. Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by u.s. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit "AIf of this Agreement. The Agency shall provide written verification of compliance to CID upon CID's request. D. Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City's designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Monthly Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E. Audits and Inspections At any time during normal business hours and as often as CID, the City, U.s. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.s. HUD, or the Comptroller General Page 7 of 16 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program specific audit performed audit performed, in accordance with OMB A-l33. Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-l33, although their records must be available for review. These agencies are required to submit "reduced scope" audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-llO, A-l33 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency's choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F. Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for three (3) years after expiration of this Agreement.n Page 8 of 16 G. Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H. Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I. Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9 of 16 The agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J. Citizen Participation Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K. Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the agency will make a good faith effort to recognize City's support for all activities made possible with fund available under this agreement. L. Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the- parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1) This Agreement including its Exhibits 2) Office of Management and Budget Circulars A-110, A-122 and A-133 3) Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4) Executive Orders 11246, 11478, 11625, 12432, the Davis Bacon Act of 1988 and Section 109 of the Hosing and Community Development Act of 1974 Page 10 of 16 5) Executive Orders 11063, 12259, 12892, the Fair Housing Act of 1988 and Section 109 of the Housing and Development Act of 1974 6) Florida Statutes, Chapter 112 and 768.28 7) City of Boynton Beach Purchasing Ordinance 8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 9) The Agency's Personnel Policies and Job Descriptions 10) The Agency's Incorporation Certificate and Articles of Incorporation 11) The Agency's by-laws 12) The Agency's Certificate of Insurance and Bonding 13) Current list of the Agency's Officers and members of Board of Directors 14) Proof of Agency's 501@(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. One (1) copy of the contract documents 1 through 8 will be furnished to the Agency by aD. Items 9 through 14 above shall be transmitted to aD by the Agency. M. Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1) Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. Page 11 of 16 2) Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3) In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date u.s. HUD specifies. N. Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O. Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P. Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or u.s. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Q. Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. Page 12 of 16 R. Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S. Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. Page 13 of 16 T. Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the day of .2005. ATTEST: JANET PRAINITO, CMC CTIY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: BY: CTIY CLERK CITY MANAGER APPROVED AS TO FORM: CTIY ATfORNEY R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. By: By: [CORPORATE SEAL] Page 14 of 16 R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT A WORK NARRATIVE I. The Agency agrees to: A. [CDBG SUB-RECIPIENT WILL PROVIDE SCOPE OF SERVICES TO BE LISTED HEREIN] B. Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II. The City Agrees to: A. [CDBG SUB-RECIPIENT TO PROVIDE SPECIFIC FUNDING COSTS FOR TOTAL GRANT AMOUNT] B. Provide technical assistance to ensure compliance with CID, U.s. HUD and applicable Federal, State and City regulations to this Agreement. C. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D. Monitor the agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15 of 16 RM. LEE COMMUNITY DEVELOPMENT CORPORATION COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 2004-2005 ADDENDUM ACTIVITY DESCRIPTION R.M. Lee Community Development Corporation, Inc. (RMLCDC) is planning a comprehensive block-by-block neighborhood redevelopment project within the area surrounding the office of the CDC and its parent organization, St. John Missionary Baptist Church. The CDC's project area is bounded by Boynton Beach Boulevard to the south, NE 13th Avenue to the north, North Railroad Avenue to the east and Seacrest Boulevard to the west and including an area on the west side of Seacrest Boulevard between NW 8th Avenue and NW 6th Avenue. The redevelopment project will be of size and scope that will also meet the needs of groups such as the elderly. The CDC will start the project by focusing on the following two areas where contiguous vacant and deteriorated properties necessary to make a significant impact on the neighborhood are available: 1. Elderly Housing: The CDC plans to acquire 12 contiguous parcels and develop between 12 and 15 units of rental housing for elderly persons who can live independently. Location: Two blocks between NE 12th Avenue and NE 13th Avenue north to south and between NWl st Street and NW2nd Street. 2. Single Family or Multi-Family Housing Capacity Development: Developing capacity and creating partnership for the redevelopment of the Boynton Terrace Apartment site or for any another potential project within the Heart of Boynton Initiative. RMLCDC will continue to plan and implement the project by providing funding for project delivery costs and predevelopment expenses such as site planning, architectural fees, surveys, appraisals, consultant expenses, and personnel costs. GOALS Secure site control of pro erties in the target area Conduct a windshield survey ofthe neighborhood and identify owner-occupied houses that are in need of repaIrs Construct and market housing units for rental 16 arcels of land At least 10 houses identified as needing assistance Conduct needs assessment for owner-occupied rehabilitation Establish joint venture relationships 15 units of new elderly housing (1 and 2 bedrooms) 6-10 units of existing housing Increase CDC development capacity by assembling develo ment team Joint venture agreement with St. John Missionary Baptist Church and Boynton Beach FBCDC Qualified development team, consultant and rivate for- rofit develo er PERFORMANCE TIME LINE Complete site control for elderly housing Conduct a windshield survey of the neighborhood and identify owner- occupied houses needing repairs. Conduct needs assessment for owner-occu ied rehabilitation Secure financing for elderly housing Complete site planning and zoning a roval for elderly housing Finalize architecturals -elderly housin Conduct RFP process and select builder for elderl housin Apply for building permits for elderly housing Begin construction - elderly housing 10/01- 12/31/2005 10/01- 01/31/2006 11/15- 12120/2005 12/01- 01/31/2006 09/1 0/2005- 01/31/2006 09/01/2005- 02/15/2006 01/31/2006 02/01/2006- 04/01/2006 04/30/2006 06/1512006 Conduct RFQ for for-profit 03/1512006- develo er partner for larger projects 05/15/2006 Resumes, dev. plan, ualification acket Warranty Deeds Survey results Results of needs assessment Loan and grant commitments Prelim site plan a roval/zoning Stamped plans AlA contract Permits Notice commencement Selection of develo er artner Consultant, Attorney, A ent Consultant Title Consultant, Admin. Assistant Consultant, Attorney, Lenders Consultant, Site Planner, Architect Consultant, Site Planner, Architect President, Board, Consultant Consultant, Builder of President, Board, Consultant President, Board, Consultant Comprehensive Employment/Skills Development Program: In addition to the above development activities, RMLCDC will carry out the following activities as a part of this CDBG agreement although the activities will be funded from other sources: Reswne writing assistance Conduct or host seminars on interviewing techniques and "dressing for success" Develop relationships with Workforce Development & em 10 ers & .ob referral network Disseminate employment information Apprenticeship & entrepreneurial program & referral network Process social services applications as satellite center & rovide emplo ent assistance & counseling. Two 2) resume writin seminars One (1) seminar on interviewing and work ethics Conduct 1-2 job fairs Four (4) newsletters Three (3) new businesses or apprentices created 50 applications and 20 employment counseling cases R.M. LEE COMMUNITY DEVELOPMENT CORPORATION COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT 2005-2006 ADDENDUM BUDGET USES SOURCES Professional Services/Project Consultant Administrative Assistant incL Benefits Total Personnel Costs ODeratinaExpenses Telephone Postage Accounting Auditing Payroll Services Insurance Office Equipment Purchase Total Costs R. M. LEE COMMUNITY DEVELOPMENT CENTER, INC. EXHIBIT B LETTERHEAD STATIONERY To: Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 Subject: [Name of Sub-grantee] [ Address] [Telephone] INVOICE REIMBURSEMENT From: Attached, you will find Invoice # , requesting reimbursement in the amount of $ . The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT - Octavia S. Sherrod Page 16 of 16 ~.. . (('. '\ ..'~ VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Commission Meetina Dates Turned in to City Clerk's Office D December 6, 2005 November 14, 2005 (Noon.) D December 20, 2005 becember 5,2005 (Noon) [gJ January 3, 2006 December 19,2005 (Noon) D January 17, 2006 January 3, 2006 (Noon) Requested City Commission Date Final Form Must be Meetina Dates Turned in to City Clerk's Office: o February 7,2006 o February 21, 2006 o March 7, 2006 o March 21, 2006 January 17, 2006 ~n) ~.. CJ February 6,2006 mOOn) ," February 21, 200~KNoon);::: C5 March 6 2006 (NOOn) ""'; 0:; , ;:: t~~ 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Staff recommends Commission approval by Resolution R06-_ the following change to the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP), adopted on April 15, 2003, for state fiscal years 03/04, 04/05, and 05/06: 1. For Strategy IV. C. "Disaster Mitigation and Recovery", increase the disaster assistance and insurance deductible funding award for the income eligible households to ./ $10,000 for very low, low, and moderate income households EXPLANATION: With the increased numbers of hurricanes to impact Florida, specifically this geographic area, insurance deductibles for homeowners have risen drastically. In order to better assist lower income households, an increase in funding assistance is necessary through State Housing Initiatives Partnership funding from $5,000 to $10,000. PROGRAM IMPACT: The change in this strategy would further enable the City to expend the funds in a timely manner as required by the state, as well as continue to enable homeowners to make needed hurricane repairs to their homes. FISCAL IMPACT: The continuance in assisting homeowners with housing affordability. ALTERNATJVE~A ~ Depa- - ntH .!.~ Department of Development Community Improvement Division Department Name S:\Community Improvement\Agenda Requests\2006\CCl-3 Disaster Deduct Assist.doc 1 2 3 4 RESOLUTION R06- 5 6 A RESOLUTION OF THE CITY OF BOYNTON 7 BEACH, FLORIDA, AMENDING THE STATE 8 HOUSING INITIATIVES PARTNERSHIP (SHIP) 9 PROGRAM LOCAL HOUSING ASSISTANCE PLAN, 10 BY INCREASING THE DISASTER ASSISTANCE 11 AND INSURANCE DEDUCTIBLE FUNDING 12 AWARD FOR THE INCOME ELIGIBLE 13 HOUSEHOLDS TO $10,000.00; PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, with the increased numbers of hurricanes to impact Florida, 17 specifically this geographic area, insurance deductibles for homeowners have risen 18 drastically; and 19 WHEREAS, in order to better assist lower income households, an increase in 20 funding assistance is necessary through State Housing Initiatives Partnership funding 21 from $5,000.00 to $10,000.00; 22 WHEREAS, upon the recommendation of staff, the City Commission deems it to 23 be in the best interests of the citizens and residents of the City of Boynton Beach to 24 increase the disaster assistance and insurance deductible funding award for the income 25 eligible households to $10,000.00 for very low, low and moderate income households. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are true and correct and are 29 hereby ratified and confirmed by the City Commission. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby does increase the disaster assistance and insurance deductible funding award for S:ICA\RESO\AdministrativeISHIP Housing Plan amendment 121505.doc the income eligible households to $10,000.00 for very low, low and moderate income 2 households. 3 4 5 6 7 8 9 10 II 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Administrative\SHIP Housing Plan amendment 121505.doc *CORRECTIVE RESOLUTION RESOLUTION R03- Ofo8 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN, FOR STATE FISCAL YEARS 2003-04, 2004-05 AND 2005-06; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statutes Chapter 240, dedicated revenues esulting from the William E. Sadowski Affordable Housing Act are distributed to arious municipalities that are "entitled" communities to assist with affordable housing fforts; and WHEREAS, The Plan (attached hereto and made a part hereof) was initially stablished in 1997 with input from citizens directly involved in the housing industry, and 's consistent with the housing element of the City's Comprehensive Plan; and WHEREAS, t he City finds pursuant to Chapter 420.3075(6), Florida Statutes, hat 5% of the Local Housing Distribution is insufficient to adequately pay the necessary osts of administering the Local Housing Assistance Plan, and intends to utilize the aximum allowable distribution of 10%; and WHEREAS, upon the recommendation of staff, the City Commission deems it to e in the best interests of the citizens and residents of the City of Boynton Beach to adopt he City's Local Housing Assistance Plan (LHAP) for State Fiscal Years; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are true and correct and are hereby ratified and confirmed by the City Commission. S:\CA\RESO\SHIP Housing Plan 0304"()506.doc Section 2. The City Commission of the City of Boynton Beach, Florida, ereby adopts the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 3/04 - 05/06, subject to receipt of funding. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this IS day of April, 2003. CR, FLORIDA '- ,z./ Commissioner .~ t scrivener's error :\CA\RESO\SHIP Housing Plan 0304-0506.doc C. Disaster Mitigation and Recovery Fiscal Years: 2003-2004, 2004-2005, and 2005-2006 Activity: In the event of a natural disaster, SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Mobile homes, condominiums, townhouses, and rental units are not eligible for assistance in this strategy. The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repair to avoid further damage, tree and debris removal required to make individual housing unit habitable, and post disaster assistance with non-insured repairs. This strategy will be implemented only in the event of a natural declaration using any SHIP funds that have not been encumbered. The maximum award of SHIP funds for this strategy may not exceed $5;009 $10,000 per unit. Fiscal Years: The strategy will be utilized during all three State fiscal years covered by this plan: 2003 through 2006 Income Categories: Eligible households must be below 120% of median, adjusted for family size, as provided by the State. Selection Criteria: Applicants must be income eligible as described above, and will be served on a first come, first served basis, pending fund availability. Residency must be located within the City of Boynton Beach incorporated area. Recapture Provisions: Assistance is proVided in the form of a grant, not requiring households to repay funds used for disaster relief. In the event that the City of Boynton Beach receives reimbursement from federal or state sources, such repaid funds will be utilized in accordance with the approved Housing Assistance Plan in effect at the time funds are disbursed. V. TIME TABLE FOR EXPENDITURE FY 2003-04 Submit Plan for Approval Advertise funds Availability May 2, 2003 September 2003 9 Qr (' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.B Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetinl! Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office 0 December 6, 2005 November \4, 2005 (Noon.) 0 February 7, 2006 January \7,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) ~ January 3,2006 December \9, 2005 (Noon) 0 March 7,2006 February 21, 2006 (Noon) 0 January 17,2006 January 2, 2006 (Noon) 0 March 2\, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal :J - ~;--, 0 0 :--:J Bids Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report I..:) .- --I ~...-=,' t.' ~~ Ul -':- RECOMMENDATION: 01 "'(-') Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Gloria A:-"- Camacho & Blanca R. Camacho for the property at 3810 Wall Street, Delray Beach, FL (Unincorporated Palm Beach County). EXPLANATION: The parcel covered by this agreement includes a single-family home in unincorporated Palm Beach County. Only potable water is available for connection to the property at this time. (See location map) PROGRAM IMPACT: A Water Distribution main exists in the vicinity, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ALTE ~ City Manager's Signature \y Utilities Department Name XC: Peter Mazzella (wi copy of attachments) Michael Rumpf, Planning & Zoning Anthony Penn File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE CITY 8 OF BOYNTON BEACH AND GLORIA A. CAMACHO 9 AND BLANCA R. CAMACHO; PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 3810 Wall Street, Delray Beach, Florida 15 (Unincorporated Palm Beach County); and 16 WHEREAS, the parcel covered by this agreement will include a single-family home 17 located in unincorporated Palm Beach County; and 18 WHEREAS, a water distribution main exists in the vicinity for the service to this 19 parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Gloria 29 A. Camacho and Blanca R. Camacho, which Agreement is attached hereto as Exhibit "A". S:\CA\RESO\Agreements\Water Service\Camacho Water Service Agreement.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Attest: Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of , 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESO\Agreements\Water Service\Camacho Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERV1CE OUTSIDE THE CITY LlMITS AND COVENANT FOR ANNEXATION TJ-llS AGREEMENT made on this ___ day of ,200_, by and between Cltm~(J.- C~1tO i- B>\f.\nro. ('11fT'#.'h~rcinaftercalledthe "Customer",andtheOTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of tbe City of Boynton Beach, Florida; and . " WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and tbe mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ltL Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. 1 All such lines shall be approved by the Director of Utilities and subject to :inspec60n by the Gty Engineers. TIle Gty shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may bave the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water ma:in extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and includ:ing the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment :in connection with water service outside the City limits applicable under City Ordinances ~d rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney grant:ing to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shaD not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connect:ing to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shaD in no way impair the power of attorney nor constitute a diminution or lack of consideration. 2 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records ofPahn Beach County, FlOlida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. 11 is agreed that the City shall have no liability in the event there is a reduction, impairment or tennination in water service to be provided under this Agreement due to any prolnbitions, restrictions, limitations or requirements ofloca], regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fIre, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indelTll1ifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal orin connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. ~N WITNESS WHEREOF, the parties hereto tmve set their hands and seals this gfJ, day of C e '^"-.b e r , 200 S". WITNESS: X J4n'1CA Witness Signature % \!e}yY) U Printed Witness Name ~ jYJ;t)e-r ~(S)AS OWNER(S): './~ . / Owner Signatute t- ?;ia 11m f( (b /1Il~/z D Printed Owner Name Witness Signature J CO?(l0 ( y1t a ~cJk eC1 Printed Witness Name 3 v_VeXmCt 11i&~ Witness Signature .< 'klmo. m'ller Printed Witness Name Owner Signature /l. (lam tA-chv " 1/' &/0 n t.-- Print ed Owner Name VW-U1Uv Witness Signature I rarDl fI!lattcJk~ Printed Witness Name FOR INDIVIDUAL (S) NOTARIZATION: STATE OF FLORIDA ) ) ss: COUNTY OF PAlM BEACH) -'. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared !StanCo. K.Cal41tV^LJ awl (;Ior"t.- 4. Catw:<cho to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: PI (",dA ]J, L , . ~ WIlNESS my hand and official seal in the County and State last aforesaid this 8#- day of vece~be( ,200::f (Notary Seal) ~~~~ Notary Public ..NHH...................................... : SUSAN COUINS : : I.8\.M eom.n. 000295085 ~ : 1!Y.'t~} Expftt 31'12008 : ~ \~ ~" 80ncIed lhN (800)432-4254 ~ : """Ilf!.r.;,\'\~ Fk:Jrida Notary Assn.. tnc : 'Wl"lNESS:- ... ................................ ....... ...: OTY OF BOYNTON BEACH, FLORIDA Kurt Bressner, City Manager ArrEST: City Clerk STATE OF FLORIDA ) 4 STA TE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTTFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , City Manager and _________ __~_______, City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City> WITNESS my hand and official seal in the County and State last aforesaid tills ~_H_ day of ~~, 200_> (Notary Seal) Notary Public Approved as to form: City Attorney 5 Palm Beach County Property Appraiser Property Search System Page I of2 _~~';~~0\ill':'":\:9=1>r9P!1i ~PPH1I~e-ijs_ Putill.e. AOCBSll System ;.:z ''\..." (j J~_' '"'" ~'" ~ ;,; ,.>0: r " ~ \ ~:J'" / pC; ...,"::;' . f ~ ~ v~ oF "'. ~,,;- I,'" !, h' ., ,.,-.k mt;;;. ~/ .:_.';:'",J7:"'T,~"=-'7'^" ~ . - . . _ ~~~~~>M~_w~~~~__~~_~__...____ ~_ Property Information Location Address: 3810 WALL ST ~~~~~,@~~J Municipality: UNINCORPORATED Parcel Control Number: 00-43-46-04-17-000-1080 Subdivision: TRADEWIND ESTS AMNDED PL IN Official Records Book: 18773 Page: 866 Sale Date: Jun-2005 legal Descriotion: AMND PL OF TRADE WINDS ESTS LTS 108 & 109 Owner Information Name: CAMACHO GLORIA A & l'iii~~~Ji~~~il;j~(#~ Mailing Address: 3810 WALL ST DELRAY BEACH FL 33483 6321 Sales Information Sales Date Book/Page Price Sal~I}'gg Owner ~%"4.~kA,.u..ti;k'r,t Jun-2005 18773/0866 $279,000 WA RRANTY DEED CAMACHO GLORIA A & Noy-1999 11453/0408 $100 Q un CLAIM HURD AARON R & Jun-1999 11175/0938 $4,297 TA X DEED Exemptions Regular Homestead: $25,000 Total: $25,000 Year of Exemption: 2006 Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Tax Year 2005 Number of Units: 1 *Total Square Feet: 1900 Acres: 0.2296 !)se Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ~ ssesse an axa e a ues Tax Year: 2005 2004 2003 Assessed Value: $94,189 $11,000 $11,088 l8~ Exemption Amount: $25,000 $0 $0 Taxable Value: $69,189 $11.000 $11,088 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: I~~~ ~~I I~~f Wm~..,J 1~~ifr(~t~J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. 8J;h1Vt A http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=00434604 17000... 12/812005 All Owner Page 1 of 1 All Owner(s) peN Number: 00-43-46-04-17-000-1080 Owner Names CAMACHO BLANCA R CAMACHO GLORIA A & t~J http://www.co.palm-beach.fl.us/papalaspxlweb/allOwner.aspx?entity _id=0043460417000 1... 12/8/2005 THIS INSTRUMENT PREPARED BY: James A. Cherat, Esquire 3099 East Commercial Blvd. Suile 200 Ft lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF ~ I tv\. ~ch -flWe, l5lahC(t (C. Cttrn acl,o ... CtoriA.4. (;'1hA.tk, hereinafter "Grantee", hereby make. constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain. and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish ann~xation by any available means. The real property which is the subject of this power is described as follows: tJ{J - t/3 - 1-fR - 0 rt- /7 -000 - It) ?O The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~~ day of JJeCl'?wber, 20~ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the f?~ day of j)eceflA.-be ( , in the year two thousand and f, V ~- Sealed an.d delivered in the presence of ~~~ Witness Signature ~~l~sSN~; I)e'i' .~_/~ X Owner Si ture . caalLLCt f cj)J>1~hV ~rinted Owner Name Printed Witness Name J~CA ~ V;r;;ure 1Y1 i lIe { Printed Witness Name ^ r; Lo r/ {/> IJ~ (!ttm a c A j) Printed Owner Name Witness Signature Ce" ,:OJ rtla.- h.w ~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT was acknowledged before me this g# day of l)eceMber, 2005, by E'/ttn etA... r, CczWlC(cho and (;}1()r/~.4. CaMCUlh 0 , who are known to me or who have produced r/p r/t:I ~ /); L . , as identification and who 'Cttd/did not take an oath. ~tf!.vL ~J NOTARY F:.YBr..IC ~ r S (/J?tAJ COLLI fV>J Type or Print Name Commissi0n No. ;l................................._.......... : SUSAN COWNS : . ....~ . : #~y eti."'" ConwnI DD0295085 : : f~Y;_ Expilw3/1/2008 : ~ \~i.; Bonded IIvu (800)432-4254 ~ : """",f!f.~\\\'.,. Florida Notary Assn.. Jnc : .. ....". ............................... ........: My Commission Expires: POA.lND 0150 / 1 in. = 175.7 feet 0241 5021 ... 0243 5020 10 0090 0020 0690 0250 o 0680 0300 0670 0660 0651 0652 0300 0310 0642 0641 0220 0620 ! ~ I 0210 0370 0590 0380 0390 0570 ctr Location Map - 3810 Wall 8t CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.9. 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [gJ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [gJ 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 approve the payment of$30,081.30 to ESRI, Inc. from the G.I.S. account 001-1511-513-46-91 for annual software support. EXPLANATION: The annual maintenance provides free software upgrades, 24/7 technical support, GIS User newsletters and mag~es and free registration for 3 users at the Annual GIS Users Conference. C"J PROGRAM IMPACT: Without this maintenance, it would be necessary to pay by the question for technical hardware & software support7}'or'~:) ~? example, ArcView 3.3 is $50 per question/per call; ArcIMS is $150 per question/per call. ESRI would not provi~.JIs with~J any technical support for ArcGIS 8.3, ArcSDE or ArcLogistics without a maintenance agreement. We would hav~'fo pa~01 $4500 registration ($] 500 ea.) for 3 users to attend the Annual GIS User conference and pay for each upgrade for ~h >"i~ product individually. -" FISCAL IMPACT: Budgeted in account 00] -] 511-513-46-9] Information Technology Services ALTERNATIVES: dew,," ,o,b w'l "' Ibey "" ioeuned. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R06- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE PROPER CITY OFFICIALS TO EXECUTE A SOFTWARE SUPPORT QUOTATION IN THE AMOUNT OF $30,081.30 FOR THE CITY'S G.I.S SYSTEM, BETWEEN THE CITY OF BOYNTON BEACH AND ESRI, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the annual maintenance provides free software upgrades, 24/7 technical 14 support, GIS User newsletters and magazines and free registration for 3 users at the Annual 15 GIS Users Conference; and 16 WHEREAS, staff has recommended that the City approve and execute the Quotation 17 #2516477 dated July 25, 2005 in the amount of $30,081.30. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, at the 25 recommendation of staff, hereby authorizes and directs the proper City Officials to execute 26 the Quotation #25164777 dated July 25,2005, in the amount of$30,081.30 between the City 27 of Boynton Beach, Florida and ESRI, Inc., a copy of said Quotation is attached hereto as 28 Exhibit "A". 29 Section 3. This Resolution shall become effective immediately upon passage. S:\CA\RESO\Agreements\ESRI - GIS Software support.doc 1 PASSED AND ADOPTED this _ day of January, 2006. 2 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 Mayor 8 9 10 Vice Mayor 11 12 13 Commissioner 14 15 16 Commissioner 17 18 19 Commissioner 20 ATTEST: 21 22 23 City Clerk 24 25 (City Seal) 26 S:\CA\RESO\Agreements\ESRI - GIS Software support. doc .... 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation Date: 07/25/2005 Quotation Number: 25164777 Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Mary Jo Weatherford Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074-4630 :::ITY OF BOYNTON BEACH NFORMATION TECHNOLOGY SERVICES )0 Box 310 30YNTON BEACH FL 33425 \ttn: Carolina Luque ;ustomer Number: 101023 tem Qty Product# Description Unit Price Extended Price If YOU HAVe ANY QUESTIONS REGAKDING YOUR MAINrENANCE QUOrATlON, PLEASE CONTACT CUSTOMER SERVICE AT 888-377-4575 0 52384 MAINT,PRIM,AI,FL Arclnfo Floating Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 0 2 52385 MAINT,SCNDRY,AI,FL Arclnfo Floating Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 ) 1 86497 MAINT,PRIM,AE,CU ArcEditor Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 3 87192 MAINT,PRIM,A V,SU ArcView Single Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 3,000.00 3,000.00 1,200.00 2,400.00 1,500.00 1,500.00 400.00 1,200.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 [SKOUSENT] To expedite your order, please reference your customer number and this quotation number on your purchase order. .eG3 380 New York Street Quotation REDLANDS, CA 92373 . '4 Phone: 888-377-45752245 Page 2 Fax #: 909-307-3083 Date: 07/25/2005 Quotation Number: 25164777 Item Qty Product# Description Unit Price Extended Price Hardware Platform: GENERIC DESKTOP 50 21 87193 MAINT,SCNDRY,AV,SU 300.00 6,300.00 ArcView Single Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP 30 2 87194 MAINT,PRIM,A V,CU 700.00 1,400.00 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL '0 12 87195 MAINT,SCNDRY,A V,CU 500.00 6,000.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL 0 4 87195 MAINT,SCNDRY,A V,CU 206.85 827.40 ArcView Concurrent Use Secondary Maintenance Start Date: 05/04/2006 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL ) 1 87270 MAINT,PRIM,APAD APP BLDR 158.90 158.90 ArcPad Application Builder 6.0 Primary Maintenance Start Date: 06/08/2006 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP )0 1 97534 MAINT ,AIMS, 1 SRVR,2CPU ArclMS One Server Two CPUs Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 0 1 98880 TECH SUP,APAD 2,000.00 2,000.00 295.00 295.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasenicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes direcUy, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. sued By: Mary Jo Weatherford Ext: 2245 [SKOUSENT] To expedite your order, please reference your customer number and this quotation number on your purchase order. I.~ 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation Page 3 Jate: 07/25/2005 Quotation Number: 25164777 tem Qty Product# Description Unit Price Extended Price Annual Support Assistance Program for ArcPad Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP 20 87213 MAINT,DSG,ASDE,SRVR,2CPU 3,000.00 3,000.00 ArcSDE Developer Support Group Maintenance for One Server Two CPUs and Five Read and Write Connections Start Date: 10/02/2005 End Date: 10/01/2006 30 81962 MAINT,ALR W/DTA ArcLogistics Route with Data Annual Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL 2,000.00 2,000.00 Subtotal Shipping & Handling Estimated Tax Total 30,081.30 0.00 0.00 $ 30,081.30 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or u.se tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 (SKOUSENT] To expedite your order, please reference your customer number and this quotation number on your purchase order. ,~nm ._~ 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation. Page 4 Jate: 07/25/2005 Quotation Number: 25164777 tem Qty Product# Description Unit Price Extended Price 3Y SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR )RGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND 'AY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. '0 expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and eturn this quotation to indicate your acceptance. ESRl's address and fax number are provided on the first page of this quotation. r you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your Icceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. You will be contacted by our Customer Service Representative if additional information is required to complete your request. . your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an lVoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your urchase order. you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from Ie date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. y signing below, you are authorizing ESRI to issue a software maintenance invoice in the amount of: ignature of Authorized Representative ame (Please Print) tie This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasenicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes direcUy, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. .sued By: Mary Jo Weatherford Ext: 2245 ISKOUSENTl To expedite your order, please reference your customer number and this quotation number on your purchase order. gc1': ~_ E? A'- , .' \ 1 'W I.": o .!" u(; ..~'<. - /17" J~. _ __ ~,~ q' 0 N ? CITY OF BOYNTON BEACH ADOPTED BUDGET LINE ITEM PURCHASE Date: December 5,2005 Requesting Department: G.1.8. Contact Person: Carolina Luque Explanation for Purchase: The annual maintenance provides free software upgrades, technical support, GIS User newsletters and magazines and free registration for 3 users at the Annual GIS Users Conference. Without this maintenance, it would be necessary to pay by the question for technical hardware & software support. For example, ArcView 3.3 is $50 per question/per call; ArclMS is $150 per question/per call. They would not provide us with any technical support for ArcGIS 8.3, ArcSDE or ArcLogistics without a maintenance agreement. We would have to pay $4500 registration ($1500 ea.) for 3 users to attend the Annual GIS User conference and pay for each upgrade for each product individually. IRecommended Vendor E8RI, Inc. IDollar Amount of Purchase $30,081.30 Source for Purchase (check and attach backup materials): State Contract 0 GSA SNAPS 0 PRIDE Piggy-Back 0 RESPECT Other o o o W Proprietary Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source: Line Item Description Software Maintenance Account No. 001-1511-513-46-91 Item Budqet $ 25,595.00 $ Cost of Item 30,081.30 Over/Under Budget Over $4486 T ~ nf . CI' ... . 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Ol '" '" trl <> <> :<1 --... --... <> <> lJ1 lJ1 .88m 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation Date: 07/25/2005 Quotation Number: 25164777 CITY OF BOYNTON BEACH INFORMATION TECHNOLOGY SERVICES PO Box 310 BOYNTON BEACH FL 33425 Attn: Carolina Luque Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373-8100 Attn: Mary Jo Weatherford Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074-4630 Customer Number: 101023 Item Qty Product# Description Unit Price Extended Price IF YOU HA VI::: ANY QUES liONS REGARDING YOUR MAINT ENANCE QUO r A liON, PLEASE CONTACT CUSTOMER SERVICE AT 888-377-4575 10 52384 MAINT,PRIM,AI,FL Arcfnfo Floating Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 20 2 52385 MAINT,SCNDRY,AI,FL Arclnfo Floating Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 30 86497 MAINT,PRIM,AE,CU ArcEditor Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 40 3 87192 MAINT,PRIM,A V,SU ArcView Single Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 3,000.00 3,000.00 1,200.00 2,400.00 1,500.00 1,500.00 400.00 1,200.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 ISKOUSENT] To expedite your order, please reference your customer number and this quotation number on your purchase order. ...mI 380 New York Street Quotation REDLANDS, CA 92373 ~ ill Phone: 888-377-45752245 Page 2 Fax #: 909-307-3083 Date: 07/25/2005 Quotation Number: 25164777 Item Qty Product# Description Unit Price Extended Price Hardware Platform: GENERIC DESKTOP 50 21 87193 MAINT,SCNDRY,AV,SU 300.00 6,300.00 ArcView Single Use Secondary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP 60 2 87194 MAINT,PRIM,AV,CU 700.00 1,400.00 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL 70 12 87195 MAINT,SCNDRY,AV,CU 500.00 6,000.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10102/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL pn 4 87195 MAINT,SCNDRY ,A V ,CU 206.85 827040 ArcView Concurrent Use Secondary Maintenance Start Date: 05/04/2006 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL 90 87270 MAINT,PRIM,APAD APP BLDR 158.90 158.90 ArcPad Application Builder 6.0 Primary Maintenance Start Date: 06/08/2006 End Date: 10/01/2006 Hardware Platform: GENERIC DESKTOP 100 97534 MAINT,AIMS,1SRVR,2CPU 2,000.00 2,000.00 ArclMS One Server Two CPUs Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 110 1 98880 TECH SUP,APAD 295.00 295.00 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 ISKOUSENT) To expedite your order, please reference your customer number and this quotation number on your purchase order. ._GilI ~ 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation Page 3 Date: 07/25/2005 Quotation Number: 25164777 Item Qty Product# Description Unit Price Extended Price Annual Support Assistance Program for ArcPad Start Date: 10/02/2005 End Date: 10101/2006 Hardware Platform: GENERIC DESKTOP 120 1 87213 MAINT,DSG,ASDE,SRVR,2CPU 3,000.00 3,000.00 ArcSDE Developer Support Group Maintenance for One Server Two CPUs and Five Read and Write Connections Start Date: 10/02/2005 End Date: 10/01/2006 130 81962 MAINT,ALR WIDTA ArcLogistics Route with Data Annual Maintenance Start Date: 10/02/2005 End Date: 10/01/2006 Hardware Platform: WINDOWS NT-INTEL 2,000.00 2,000.00 Subtotal Shipping & Handling Estimated Tax Total 30,081.30 0.00 0.00 $ 30,081.30 This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchasellicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 ISKOUSENTJ To expedite your order, please reference your customer number and this quotation number on your purchase order. ._nm1 \~ 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45752245 Fax #: 909-307-3083 Quotation Page 4 Date: 07/25/2005 Quotation Number: 25164777 Item Qty Product# Description Unit Price Extended Price BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. ESRl's address and fax number are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. By signing below, you are authorizing ESRI to issue a software maintenance invoice in the amount of: q: Signature of Authorized Representative Name (Please Print) Title This quotation is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Mary Jo Weatherford Ext: 2245 lSKOUSENTJ To expedite your order, please reference your customer number and this quotation number on your purchase order. .'~~". ,'C.Y 0 ." r-'''-'~' :: '..1- < ,:, ; ;~ ',:'0(.:' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\tl VI.-CONSENT AGENDA ITEM C.l0. Requested City Commission Date Final Fonn Must be Turned Requested City Connnission Date Final Form Must be Turned in MeetinJ!.Dates in to City Clerk's Office Meeting Dates to City Clerk's Office D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) [8] January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF [8] Consent Agenda 0 New Business AGENDA ITEM D Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presenmtion 0 City Manager's Report RECOMMENDATION: Approval ofthe reclassification of the Office Assistant Senior position in the City Managers Office to an Administrative Secretary position. EXPLANATION: The intended reclassification of the Office Assistant Senior position in the City Managers Office to an Administrative Secretary is in response to increasing level of responsibilities to be assigned this position. With the continuing evolution of departmental operations and overall responsibilities, the transition of the Office Assistant Senior position to an Administrative Secretary is necessary to maintain equity in the position based upon the expanding responsibilities and duties. The Administrative Secretary classification also requires higher level skills and abilities relative to using the computer, application of office procedures, and administrative support functions. PROGRAM IMPACT: This action will facilitate the transition of the Office Assistant Senior position in the City Managers Office to an Administrative Secretary, providing an improved level of service to the community and a greater depth of coverage to consistently maintain operation efficiencies. FISCAL IMPACT: The funds currently budgeted for the Office Assistant Senior position are within the starting salary range for an Administrative Secretary, therefore this transition and should have no additional impact beyond the approved budget. AL TERNA TIVES: Not approve the reclassification of the Office Assistant Senior position in the City Managers Office to an Admini""""'" Secretuy position.. ~. City Manager's Signature Department Name ~ City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 27 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH APPROVINGTHE 5 RECLASSIFICATION OF THE OFFICE ASSISTANT 6 SENIOR POSITION IN THE CITY MANAGER'S 7 OFFICE TO ADMINISTRA TIVE SECRETARY; 8 PROVIDING AND EFFECTIVE DATE. 9 10 WHEREAS, in response to the increasing level of responsibilities to be assigned, 11 the City Manager's office intends to reclassify the position of Office Assistant Senior to 12 Administrative Secretary which will provide an improved level of service to the community 13 and a greater depth of coverage to consistently maintain operation efficiencies; and 14 WHEREAS, with the continuing evolution of departmental operations and overall 15 responsibilities the transition of the Office Assistant Senior position to Administrative 16 Secretary is necessary to maintain equity in the position based upon the expanding 17 responsibilities and duties; and 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH FLORIDA: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2: The City Commission of the City of Boynton Beach hereby approves 25 the reclassification of the Office Assistant Senior position in the City Manager's office to an 26 Administrative Secretary. Section 3: This Resolution shall become effective immediately upon its passage. S:\CA \RESO\RecJass position.doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 Deputy City Clerk 27 28 (Corporate Seal) 29 S:\CA \RESO\Reclass position.doc day of , 2006. CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner Class Code 00242 Grade: 11 26,148/31,378/39,223 FLSA:N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: ADMINISTRATIVE SECRETARY PURPOSE OF CLASSIFICATION The purpose of this classification is to perform a variety of secretarial and office administration duties for a division director or department administrator, and to provide administrative support to the department which requires considerable knowledge of department policies and procedures. Job duties vary by incumbent and department assignment. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Oversees the work of clerical support staff and provides guidance and instruction in completing job tasks; may prepare clerical evaluations. Coordinates the preparation, processing, and filing of the department's administrative records and forms including payroll, purchasing, accounts payable, and accounts receivable records. Prepares, processes, and maintains various records and forms including purchase requisitions and purchase orders, invoices, department attendance and payroll records, legal documents and court files, travel forms, training records, vehicle and property records, work orders, log books, and service requests. Serves as liaison to other city employees, legal staff, advisory board members, court officials, businesses, state agencies, and the general public; interprets and explains department policies and procedures; assists in handling inquiries and responding to complaints. Serves as staff liaison in coordinating the delivery of city programs and services with other departments and courts; logs and processes related forms and records; coordinates changes in project schedules, priorities, and management directives; maintains department records and files. Schedules appointments and meetings for assigned staff; answers telephone calls and greets visitors; handles business correspondence; makes travel arrangements; coordinates meeting arrangements; takes dictation and types letters; drafts, types andlor edits correspondence, memos and reports. Prepares City Commission agenda items as directed by the department director. Provides secretarial support to an advisory board; schedules meetings; prepares agendas and gathers handouts for meetings; records, transcribes, and types meeting minutes; prepares board mailings. @ David M. Griffith & Associates, Ltd. Page 1 Last Revised: November, 1998 Rate Revised: October 2001 City of Boynton Beach, Florida. Administrative Secretary 00242 Drafts, designs, and types office forms, transparencies, handouts and other materials using advanced PC application packages. Compiles and gathers data and prepares narrative for monthly and year-end reports; forwards final reports to city officials and staff and to state agencies. Assists in researching and preparing the division or department's operating budget request and grant application forms; reviews financial reports; develops budget or grant summary reports; monitors budget expenditures and revenues to ensure compliance with approved budget. Compiles, tabulates, and summarizes information in completing records, lists, and forms related to the department's payroll, accounting, budgeting, customer billing, and/or department operations. Types various documents including correspondence, memos, bid specifications, certificates, deeds, work orders, applications, tables, lists, budgets, notices, affidavits, certifications, public records; copies, collates, and sorts documents; faxes and mails documents. Orders office supplies and materials for the department; receives and checks incoming shipments for accuracy; processes invoices for payment; maintains automated inventory records. Refers to city and department policies and procedures, technical manuals, handbooks, personnel and financial records, maps, board minutes, and other documents in performing job tasks. Performs general office duties such as copying, faxing and mailing documents. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by three (3) years previous experience and/or training that includes secretarial and office administration work; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. @ David M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998 City of Boynton Beach, Florida. Administrative Secretary 00242 Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs Functional Reasonin~: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasonin~: Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties which are often characterized by frequent change. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. @ David M. Griffith & Associates, Ltd. Page 3 Last Revised: November, 1998 Class Code 00252 Grade: 6 20,429 I 24,515 I 30,644 FLSA:N CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: OFFICE ASSISTANT, SENIOR PURPOSE OF CLASSIFICATION The purpose of this classification is to perform a variety of clerical, data-entry and secretarial duties and to prepare and process departmental records and forms. Duties may also include performing radio dispatch work. Job duties vary by incumbent and department assignment. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Answers telephone lines and greets the general public; directs incoming calls to appropriate staff and takes messages. Responds to various inquiries regarding department and/or city operations; receives and forwards citizen complaints to proper department and/or staff and tracks resolution of complaints; provides general assistance as needed. Completes, types, and/or processes various forms and records relating to assigned department functions which may include court and legal records, financial services, personnel administration, building, planning and zoning, development, public safety, public works, or others. Prepares various correspondence, forms and reports relating to code violations, inspections, municipal licenses, department work orders and/or service requests. Prepares, processes and/or issues various applications, permits, licenses, certificates, and notices; assists the general public in completing related applications and forms; answers questions regarding city services and functions; maintains related files and records. Establishes automated records, files, and lists; queries records and reports; prints reports, forms and records; performs data-entry work to establish and update computer records; summarizes, tabulates, and/or prepares lists, reports, spreadsheets, work orders, and charts relating to department operations and activities; prepares periodic reports. Receives monies and issues receipts; prepares deposits; completes cash receipts reports; enters accounts payable data in computer; reconciles trial balances. Prepares meeting agendas, information packets, legal notices, and other materials for board meetings and/or staff meetings; schedules and coordinates meeting arrangements. Composes, edits, and types correspondence and memos; copies and faxes documents; prepares mail-outs. @ David M. Griffith & Associates, Ltd. Page 1 Last Revised: November, 1998 Rate Revised: October 2001 City of Boynton Beach, Florida. Office Assistant, Senior 00212 Completes standard administrative forms such as purchase requisitions and purchase orders, invoices, department attendance and payroll records, fleet maintenance records, departmental work orders and service requests. Receives and processes various work requests and work orders. May serve as radio dispatcher for department which includes dispatching calls and maintaining radio contact with field personnel and completing radio log sheets. ADDITIONAL FUNCTIONS Serves as back-up for other administrative staff as needed. Performs other related duties as required. MINIMUM QUALIFICATIONS High school diploma or GED; supplemented by one (1) year previous experience and/or training involving related clerical and office work; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to calculate and/or tabulate data. Includes performing subsequent actions in relation to these computational operations. Human Interaction: Requires the ability to provide guidance, assistance, and/or interpretation to others regarding the application of procedures and standards to specific situations. Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference and descriptive data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasonin~:r Requires the ability to carry out instructions furnished in written, oral, or diagrammatic form. Involves semi-routine standardized work with some latitude for independent judgment concerning choices of action. Situational ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in situations involving a variety of generally pre-defined duties which are often characterized by frequent change. @ David M. Griffith & Associates, Ltd. Page 2 Last Revised: November, 1998 City of Boynton Beach, Florida. Office Assistant, Senior 00212 ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. @ David M. Griffith & Associates, Ltd. Page 3 Last Revised: November, 1998 " [/.\i"Y 0,,-, / '\ i \ 0\.. L 0\, ... .. ,l.";'" J..;~:'''''' J/~~) v.. '-", o....,/.....>.t- .. '0 N \> ,/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VI.-CONSENT AGENDA ITEM C.ll. 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 December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 2], 2006 February 6, 2006 (Noon) t2J January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 2], 2006 (Noon) D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NATURE OF t2J 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: Approve and authorize the execution ofa Resolution for Amendment 1 - Task Order R04-10-002 in the amount of$135,430 to Kimley-Hom and Associates, Inc. (Kimley-Horn) for Additional Services for Wilson Park Pool. EXPLANATION: At the October 5, 2005 Commission meeting, staff recommended and received concurrence from the Commission to replace the Wilson Pool with a new one. Amendment 1 to Task Order R04-1 0-002 is for additional consulting engineering services related to the building the new pool PROGRAM IMPACT: The current pool is over 40 years old and several significant structural and maintenance problems have rendered it inoperable. The new pool will be designed and build to current standards, which will make it safer and more reflective of current usage trends. The pool building will also be modified to improve aesthetics, function and meet ADA standards. FISCAL IMPACT: The cost for Amendment 1 - Task Order R04-1 0-002 is $135,430. Funds are available in account # 302-4113-580-31-30. The probable costs for the new pool and necessary modifications to the pool building will be $1,276,324. AL TERNA TIVES: the project by designing a smaller pool, and/or one with less features. Recreation & Parks Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R06- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND APPROVING EXECUTION AMENDMENT NO. I TO TASK ORDER NO. R04-10-002 IN THE AMOUNT OF $135,430.00 TO KIMLEY -HORN AND ASSOCIA TES, INC, FOR ADDITIONAL SERVICES FOR WILSON PARK CENTER AND POOL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 5, 2005 the City Commission approved the replacement of the Wilson Pool with a new one; and WHEREAS, Amendment No. 1 to Task Order R04-] 0-002 is for additional consulting and engineering services related to building the new pool along with the necessary analysis to provide an emergency generator hook up and transfer switch for a mobile 125 kw generator to be included for the new recreation facility; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of Amendment No. 1 to Task Order #R04-10-002 in the amount of$135,430.00 to Kimley-Hom and Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section] . The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the execution of Amendment No. 1 to Task Order No. R04-10- S:\CAIRESOlAgreementsITask . Change OrderslAmendment No.1 to Kimley Horn - Task Order R04-10-002 Wilson Center.doc 002 in the amount of $135,430.00 to Kimley-Horn and Associates, Inc., for additional consulting and engineering services related to building the new pool at the Wilson Park Center and Pool. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ( City Seal) S:\CA\RESOlAgreements\Task . Change OrderslAmendmenl No.1 to Kimley Horn. Task Order R04-10-002 Wilson Center.doc ~=n Kimley-Horn and Associates, Inc. December 15. 2005 . 44al Embarcadero Drive West Palm Beach, Florida 33407 Mr. Wally Majors Recreation & Parks Director City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 Re: Amendment 1 - Task Order RM-I0-002 Additional Services fot Wilson Park Aquatic Facility Dear Mr. fv.tajors: Kimley-Hom and Associates. Inc. (Consultant) is pleased to submit this Amendment 1 to Task Order R04-10-002 to the City of Boynton Beach (City) for additional consulting engineering services related to the Wilson Center and Pool Complex. This amendment is for additional architectural. landscape architectural. electrical engineering. and civil engineering services in support of designing a new aquatic facility in place of the existing pool as well as upgrading the existing pool building to meet applicable. codes. to aCcommodate improved pool mechanical equipment, and to include a transfer switch for emergency generator connection to the building. SCOPE OF SERVICES AND COMPENSA nON The specific scope of services and related compensation is dermed in Exhibit A. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November) 8. Z003 between the City of Boynton Beach and Kimley-Hom and Associates. Inc. as adopted by Resolution Number R03-18Z. . ill 561 845 066S FAX 561 B63 8175 ~=n Kimley-Hom and Associates, Inc. Mr. WaDy Ml\iors. Dc:c:embcr IS, 200S. Page 2 Amendmenl J for Wilson Cmler. Pool and Part Complex CLOSURE If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute the signature block at the bottom of this Amendment Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact Angelina Fain:hild at (561) 840-0249 or Michael Spruce at (561) 840-0852 if you have any questions. Very truly yours, ~-HORN AND ASSOCIATES. INC. > \J-I/(,Q, c:- ~ By: David R Bardt. P.E. Vice President Michael D. Spruce, P .E. Clieni Service Manager Attachments DAlEO this day of .2005. CITY OF BOYNTON BEACH Kmt Bressner. City Manager Kimley-Hom and Associates. Inc. Attest! Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary ~=n Kimley.Horn and Associates, Inc. EXIDBIT A Scope of Services Architectural and En2lneerlDe ServIces TASK 1: Provide emergency l!enerator hook up and tnmsfer switch The KHA team will provide analysis and design for an emergency generator book up and transfer switcb for a mobile 125 kW generator. The transfer switch will allow the COlDIDunity Center building to be powered by a mobile generator during power outages. The generator will be provided by the City. Consultant fees are based on the attacbed October 14. 2005 proposal from MP A Architects, Inc. to Kim1ey-Hom and Associates. Inc. TASK 2: Provide new lanllearn-to-swim pool with amenities The KHA Team will provide design. bid phase, and construction phase services in support of demolition of the existing pool and construction of a new lap/leam-to-swim pool with tipping bucket and slide water features as defined in the attached October 20, 2005 proposal from MP A Architects, Inc. to Kimley-Horn and Associates, Inc. TASK 3: Provide additional civil engineerin2 and landscaoe architectural services The KHA team will modify the site civil and landscaping design for the project in support of the new pool construction. Design services will include: . modifICations to the potable water and sanitary sewer service to the pool and renovated pool building to reflect the pool changes . adjustments to the grading and drainage (if required) in the open space and parking areas adjacent to the pool to accommodate the new pool footprint and building modifications . revisions to the landscaping in the adjacent open space . inclusion of additional landscaping and irrigation design along the sidewalks adjacent to the pool. This task includes participation in additional design team meetings with the Client to define the new project requirements, revise the construction cost estimateS. revise the design and cODstructionscheduJes to meet the Client's objectives, and attend additional TART reviews and other design review meetings for the pool design. This task also includes additional project management by KHA to coordinate the design team's efforts and maintain project records. ~=n Kimley-Hom and Associates, Inc. FEES: Task 1: Task 2: Task 3: Total Lump Sum: SCHEDULE: $3,500.00 $106,990.00 $24.940.00 $135,430.00 Pending offtcialn()tification to proceed with the final pool design, the po<>l subconsultant estimates it will take approximately 2 months to complete the construction plans and specifications for the replacement of the existing pool, including tbe amenities described UDder Task 2 above. Preliminary pool plans could be submitted for your review as early as February 3, 2006. H:\04434~\Cou!nll:t\Amcudmenll 12_S_Il5.doc OWNER & BUILDER CONSULTANTS, INC. EST I MAT E OF PRO B A B L E C 0 S T 95% Construction Document Phase Budget Date: December 5, 2005 Project: WILSON CENTER POOL & BUILDING RENOVS, Boynton Beach Estimator: Gary Cook Plans: MPA ARCHITECTS, INC. Unit Total Line Description Quantity Unit Cost Cost 1 Item 1: New ADA Ramp Access 2 Remove existing concrete ramp 400 sf 4.5 $1,800 3 Add new ADA concrete ramp 300 sf 50 $15,000 4 New handrails 100 If 75 $7,500 5 Total Item 1 $24,300 6 7 Item 2: ADA Access through building A. Replace roll-up door wI motorized, impact resistant, 8 incl new electric 160 sf 40 $6,400 9 B. Demolish block & wire screen 2 ea 1,500 $3,000 10 New hardware 2 ea 950 $1,900 11 Block-up opening 2 ea 1,500 $3,000 12 Cleaning & debris disposal 2 ea 600 $1,200 13 C. Cut & remove masonry and doors 2 ea 400 $800 14 Furnish & install HM door & frame 2 ea 1,200 $2,400 15 Patch & paint walls 2 ea 800 $1,600 16 Cleaning & debris disposal 2 ea 300 $600 17 D. Remove HM doors, frames & hardware 2 pr 200 $400 18 Furn & install new pair HM doors, frame & hdw 2 pr 1,800 $3,600 19 Patch & paint walls 2 ea 300 $600 20 Cleaning & debris disposal 2 ea 200 $400 21 E. Cut & remove masonry and doors 3 ea 400 $1,200 22 Furnish & install HM door & frame 3 ea 1,200 $3,600 23 Patch & paint walls 3 ea 800 $2,400 24 Cleaning & debris disposal 3 ea 350 $1,050 25 F. Remove cafe doors & jambs 2 pr 150 $300 26 Patch & paint walls 2 ea 100 $200 27 Cleaning & debris disposal 2 ea 50 $100 28 Total Item 2 $34,750 29 30 Item 3: New ADA Drinking Fountains 31 New drinking fountains 2 ea 900 $1,800 32 New plumbing water and drain 2 ea 850 $1,700 33 New electrical outlets 2 ea 250 $500 34 Total Item 3 $4,000 35 36 Item 4: New ADA Stairs & rails at South side of building 37 Remove existing concrete stairs 32 mh 25 $800 38 Debris disposal 1 ea 350 $350 39 New concrete stairs 60 sf 55 $3,300 40 New stair railings 25 If 60 $1,500 41 Total Item 4 $5,950 Page 1 of 4 OWNER & BUILDER CONSULTANTS, INC. EST I MAT E OF PRO B A B L E C 0 S T 95% Construction Document Phase Budget Date: December 5, 2005 Project: WILSON CENTER POOL & BUILDING RENOVS, Boynton Beach Estimator: Gary Cook Plans: MPA ARCHITECTS, INC. Unit Total Line Description Quantity Unit Cost Cost 42 Item 5: New access to North pool pump room (from pool deck) 43 Remove existing concrete stairs 32 mh 25 $800 44 Debris disposal 1 ea 350 $350 45 New concrete stairs 60 sf 55 $3,300 46 New stair railings 25 If 60 $1,500 47 Total Item 5 $5,950 48 42 Item 6: New access to North pool pump room (from North side of bldg) 43 Remove existing concrete stairs 48 mh 25 $1 ,200 44 Debris disposal 1 ea 350 $350 45 New concrete stairs 80 sf 50 $4,000 46 New stair railings 40 If 60 $2,400 47 Total Item 6 $7,950 48 49 Item 7: Replace roll-up door, remove HM frame 50 Remove roll-up door and HM door frame 1 set 250 $250 51 New roll-up door, impact resistant 1 ea 2500 $2,500 52 Patch & paint walls 1 ea 350 $350 53 Clean-up and debris disposal 1 ea 250 $250 54 Total Item 7 $3,350 55 56 Item 8: Modify pump room wall for pipe chase 57 Excavation and masonry removals 1 allow 5000 $5,000 58 New pipe chase construction 400 sf 40 $16,000 59 Backfill and compaction 1 allow 2500 $2,500 60 Total Item 8 $23,500 61 62 Item 9: New pool & geothermal equipment building 63 CBS enclosure, complete 600 sf 125 $75,000 64 Total Item 9 $75,000 65 66 Item 10: New cabinets & wall modification at entry 67 Remove cabinets 32 mh 25 $800 68 Wall modifications allowance 1 ea 2000 $2,000 69 New cabinetry allowance 20 If 300 $6,000 70 Patch & paint walls 350 sf 1 $350 71 Debris disposal 1 ea 200 $200 72 Total Item 10 $9,350 73 74 Item 11: Paint Building & Retaining wall exterior 75 Paint building exterior 2,750 sf 1.2 $3,300 76 Paint retaining wall 1,750 sf 1.2 $2,100 77 New wave graphic allowance 1 allow 2000 $2,000 78 Total Item 11 $7,400 Page 2 of 4 OWNER & BUILDER CONSULTANTS, INC. EST I MAT E OF PRO B A B L E C 0 S T 95% Construction Document Phase Budget Date: December 5, 2005 Project WILSON CENTER POOL & BUILDING RENOVS, Boynton Beach Estimator: Gary Cook Plans: MPA ARCHITECTS, INC. Unit Total Line Description Quantity Unit Cost Cost 79 Item 12: Remove Pool deck & drainage 80 Remove existing concrete deck 7,000 sf 2.25 $15,750 81 Debris disposal 5 ea 350 $1,750 82 Remove drainage 1 allow 1500 $1,500 83 Total Item 12 $19,000 84 85 Item 13: New pool concrete deck 86 Slab on grade, fibermesh, complete 8,000 sf 3.85 $30,800 87 Total Item 13 $30,800 88 89 Item 14: New pool deck finish - "kool deck" 90 Kool deck finish 8,000 sf 3.65 $29,200 91 Total Item 14 $29,200 92 93 Item 15: New deck drainage system 94 Deck drains, allow 16 ea 350 $5,600 95 Drain piping, allow 1,500 If 8 $12,000 96 Tie-in to existing system 1 ea 800 $800 97 Total Item 15 $18,400 98 99 Item 16: Re-stucco retaining and misc site walls 100 Stucco retaining wall 1,750 sf 3.25 $5,688 101 Stucco misc site walls, allowance 1,500 sf 3.25 $4,875 102 Clean-up and debris disposal 1 allow 800 $800 103 Total Item 16 $11,363 104 105 Item 17: Replace vinyl coated chain link fence 106 Remove existing fence 300 If 6 $1 ,800 107 Furnish & Install new vinyl coated fence, 6' 300 If 20 $6,000 108 Debris disposal 1 ea 400 $400 109 Total Item 17 $8,200 110 111 Item 18: New Funbrellas 112 Funbrellas, complete 1 allow 13700 $13,700 113 Total Item 18 $13,700 114 115 Item 19: New electric service from Community Center 116 Trenching & backfill 170 If 25 $4,250 117 Conduit & wiring 190 If 65 $12,350 118 Switchgear and panels 1 allow 3500 $3,500 119 Clean-up and debris disposal 1 ea 750 $750 120 Total Item 19 $20,850 Page 3 of 4 OWNER & BUILDER CONSULTANTS, INC. EST I MAT E OF PRO B A B L E C 0 S T 95% Construction Document Phase Budget Date: December 5, 2005 Project: WILSON CENTER POOL & BUILDING RENOVS, Boynton Beach Estimator: Gary Cook Plans: MPA ARCHITECTS, INC. Unit Total Line Description Quantity Unit Cost Cost 121 Item 20: Geothermal Equipment 122 Geothermal equipment allowance 1 allow 59100 $59,100 123 Total Item 20 $59,100 124 125 126 Sub-Total $412,113 127 Contingency 412,113 $cost 10.00% $41,211 128 Total Renovations Estimate Of Probable Cost: $453,324 129 Item 21: New Pool Including demo of existing pool; new pool with recessed 130 gutter, tipping bucket & downspout water feature; fume poly slide; shower; men's and women's family restrooms, complete 1 Allow 823,000 $823,000 131 T otalltem 21 $823,000 132 Total Pool & Renovations Estimate Of Probable Cost: $1,276,324 Page 4 of 4 11;~1!~~~~ 1":25 5F.14783'322 MPA ARCHITECTS It-C PNjE I1fJ/tl7 MPA ARCHITEClS.INC. October 14, 2005 ARCHITEOS-PlANNEIS.INlERlOR DESIGNERS Mr. Mike Spruce KIMLEY-HORN AND ASSOCIATES, INC. 4431 Embarcadero Drive West Palm Beach, FL 33407 Re: Wilson Park Community Center City of Boynton Beaeh, Florida MPA Project No. 0415 Dear Mr. Spruce: Per your request, MPA ~s pleased to provide Kimley--Hom and Associates with this additional service proposal for the Wilson Park Community Center. We will provide the necessary analysis to provide an emergency generator hook up and transfer switch for a mobile 125kw generator. Lump sum fee. . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . ., $3,500.00 MPAArchitects,lnc. and it's consultants thank. you for the opportunity to provide you wfth this information. If you have any questions please don't hesitate to call. Respectfully, MPA ARCHITEC S, INC ~~~'AIA 0:\0111 S\Q., 5ro<<\SlI",o:..03."pd MPA ARCHITECTS, INC. ~""'\f.i'l&'f";~il"~"';:~~""''''_''-''''''''''''Ul'<i'''','''ift:,," ARCHITECTS - PLANNERS -INTERIOR DESIGNERS October 20,2005 REVISED December 14, 2005 Mr. Mike Spruce KIMLEY-HORN AND ASSOCIATES, INC. 4431 Embarcadero Drive West Palm Beach, FL 33407 Re: Wilson Park Aquatic Facility City of Boynton Beach, Florida MPA Project No. 0415 Dear Mr. Spruce: Per your request, MPA is pleased to provide Kimley-Horn and Associates with this additional service proposal for the Wilson Park Aquatic Facility. Item#1: New lap/ learn-to-swim pool with tipping bucket and downspout water features as listed below. 1. Pool with recessed gutter, tipping bucket and downspout water feature: $570,000.00 2. (3) Flume poly slide: $75,000.00 3. Deck Shower: $3,000.00 4. Men's/Women's family (uni-sex) restrooms (2 @ $30,000.00): $60,000.00 5. Existing pool demolition: $45,000.00 6. New retaining wall and deck: $70,000. (North wall) Subtotal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $823,000.00 Consultant Fee @ 13% x $823,000.00 . . . . . . . . . . . . . . . . $106,990.00 This fee includes design, construction documents, bidding and construction observation. These services do not overlap any previous scope of work. MPAArchitects, Inc. and it's consultants thank you forthe opportunity to provide you with this information. If you have any questions please don't hesitate to call. Respectfully, O:\0415\0415corrlSpruce.04.REVISEDwpd.wpd ~ o " o '" ll> "- )> "- ~ 0- ::> !!C " ll> ll> '" !;f " o Q. " ll> ~ co o on X ;;;- :>> ~ ..; ... r-..; 0 :>> '" r- t'l ;: ~~g~r- ..; a ~ s 5 ~ ..; 0 c: c: f:f:'Z~1:; o :a. 0- ::> w ~F ~ ~Nt~~ ~ ~ ~ ~ ~ N NON '" t ;:; Q.., ~ t.I'I ~ --.I g ~ ~ ~ ~ ~ ~ N f",.l Uol Q ok ~ '" : ~ g N -.0 -.0 <> '" '" ~ ~ e ~ ~ 0\ a.. 0 ". ~ '" b '" i:l ::i !1 g ~ rl b '" o "'" N ~ OOUto ~ ~ ~ ~ o ,. ~ .? 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.12 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7,2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2 I, 2006 February 6, 2006 (Noon) ~ January 3,2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing 0 Legal 0 Bids 0 Unrmished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDA TION: Motion 10 .<<<pt th, 'ndos'd Anlmar Sen>ic", Cantract (ExhihH "A") "imh.,.,in. th, City for c,rt.in Ani"'l Cm & Control ,",vie... Contr... I.n....' .nd in,nr.nc, "qni"m,nts w'" "'i'wcd .nd approved by the appropriate departments. EXPLANATION: Thi, i, th, fo.rth Y'.r th, City Of BoYD ton B,.ch h., p.rlieip.'''' in Ihi, pro.r.m ntilizin. th, f.ndln. .V.i1.hl, in Articl, 2, Scetion, A & C of Ih, contr.... It', .nlicip.I'd Ih, Anim.' C." & Control ntv"'on will rceov" Ih, ....rim.m of $10,000.00 ., 'pecin", in th, ..r"...nt. Thi, n.n" h., d,,,,.,,,, from 'h, original $25,000.00 in th, n"t yc.r ., · "'.It of more ontili.. ,nt,ring/qn.lifYin. for. pice, of th, .clion. PROGRAM IMPACT: Th, Animal C." & Control pro.r.m will conlin., '0 provid, th, high I..d of '''vice th, comm.nity i, .cc.'tom'" to, how.." thoro will be . porlion of ".ff Ii... d"'ic.t'" 10 compIy;n. with 'h, condllion, of the contract in terms of documentation and reporting. HSCAL IMPACT: Th, Anim.1 C." & Conlrol Divi,ion will cantin., '0 .pply Ih, "imh.r.....nt dollar, to fnnd Division expenses. ALTERNATIVES: Not accept this contract. J~Si~hrrC Department Name ~~ City Attorney / Finance / Human Resources S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF TIlE CITY 4 OF BOYNTON BEACIl, PAl.M BEACH COUNTY, FLORIDA, 5 AUTllORlZING EXECUTION OF AN ANIMAL SERVICE 6 AGREEMENT BETWEEN TIlE CITY O~' BOYNTON BEACIl 7 AND PALM BEACH COUNTY ANIMAL CARE AND 8 CONTROL DIVISION, FOR TIlE REIMBURSEMENT OF 9 CERTAIN COSTS ASSOCIATED WITH ANIMAL CARE AND 10 CONTROL SERVICES; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, the City of Boynton Beach Animal Care and Control Division received 14 a grant from palm Beach Connty for reimbursement of certain costs associated witb Animal 15 Control services in an amount not to exceed $10,000.00; and 16 WHEREAS, the City Connnission of the City of Boynton Beach upon 17 recommendation of staff, deems it to be iu tbe best interest of the citizeus of the City of 18 Boynton Beacb to authorize execution of this Animal Services Agreement. 19 NOW, THEREFORE BE IT RESOLVED BY TIlE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA, 21 THAT: 22 23 being true and correct and are hereby made a specific part of this Resolution upon adoption Section 1: The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 hereof. 25 26 authorizes execution of the Animal Service Agreement with Palm Beach County Animal Section 2: The City Commission of the City of Boynton Beach, Florida hereby 27 Care and Control Division, a copy of said Agreement attached hereto. 28 29 Section 3: This Resolution shall take effect immediately upon adoption. S:\CA\RESO\Grants\Animal Control Services 121505.doc 1 PASSED AND ADOPTED THIS _ day of January, 2006. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor 7 8 9 Vice Mayor 10 11 12 Commissioner 13 14 15 Commissioner 16 17 18 Commissioner 19 ATTEST: 20 21 22 23 City Clerk 24 25 (Corporate Seal) 26 S:\CA\RESOIGrants\Animal Control Services 121505.doc ,e'i h; ;)//';: ANIMAL SERVICES CONTRACT FOR PALM BEACH COUNTY ANIMAL CARE AND CONTROL DIVISION WEST PALM BEACH, FLORIDA This Contract is made as of the day of ' by and between The City of Boynton Beach (hereinafter referred to as AGENCY whose federal taA identification number is ), a Florida Municipal CorporatIOn and Palm Beach County, a political subdivision of the State of Florida, by and through its Division of Animal Care and Control on behalf of the Board of County Commissioners. hereinafter referred to as the COUNTY, for the provision of animal services. WHEREAS, the COUNTY provides various animal services; and WHEREAS, the AGENCY is able to provide said services for compensation. NOW, THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the AGENCY agree as follows: ARTICLE 1 - ANIMAL SERVICES The AGENCY'S responsibility under this agreement is to provide animal services, as more specifically set forth in the Application and Scope of Work detailed in Exhibit "A". The Agency shall provide animal services during the period October 1, 2005 through September 30. 2006. ARTICLE 2 _ REIMBURSEMENT RATES FOR SERVICES The COUNTY may reimburse the AGENCY for services the AGENCY provided hereunder within the geographical boundaries of Palm Beach County at the following rates: A. FIELD OFFICER RESPONSE: 1. B. ADOPTION MEDICAL and CLINIC SERVICES: 1. 2. The rate for the AGENCY'S routine adoption medical exam of an animal to be adopted by a Palm Beach County resident: $50.00 C. KENNEL/SHELTERING: 1. Invoices documenting the AGENCY's reimbursement request may be submitted to Animal Care and Control monthly. The AGENCY shall receive no additional compensation for performance under this Contract except as provided for herein and under no circumstances shall the total value of all combined services exceed $ 10,000 Ten thousand dollars. Final Invoice: In order for both parties herein to close their books and records, the AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the COUNTY. The final invoice must be received by Animal Care and Control no later than 5:00 m on Se tember 30 2006 the final da of the a reement eriod. This certifies that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, are waived by the AGENCY. The COUNTY'S representative will review invoices received from the AGENCY pursuant to the agreement. If the invoice has been determined to be in conformity with the agreement, it will be approved by the COUNTY'S representative and then sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days fOllowing the COUNTY representatives' approval. The COUNTY shall not be obligated to provide the AGENCY with any fringe benefits. The COUNTY shall not be obligated to withhold U.S. income tax, withholding or social security tax. unemployment, or worker's compensation payments, and any similar withholdings. It is expressly understood that the AGENCY is not entitled to participate in the State Retirement Program. ARTICLE 3 - MINIMUM REQUIRED DOCUMENT A TION The services described below are only applicable for the reimbursement request submitted by the AGENCY in Article 2 above that occur or are generated from within Palm Beach County. The AGENCY shaH use reimbursement forms provided by the COUNTY see attached or AGENCY forms approved by the COUNTY. By submitting a request for reimbursement, the AGENCY agrees to be governed by the laws of the State of Florida and the COUNTY which pertain to the treatment, care, and sheltering of animals. A. FJELD OFFICER RESPONSE B. ADOPTION MEDICAL AND CLINICAL SERVICES Animals being adopted from the AGENCY shall be spayed or neutered before the animal is released to the adopter. A State of Florida licensed veterinarian shall perform the spaying or neutering procedure. For each spay or neuter that will be reimbursed. as a minimum. the AGENCY shall submit documents that record: the name of the veterinarian and hislher State of Florida veterinary license number: the procedure performed: the specific AGENCY enerated identification name or number iven to the animal bein s a ed or neutered' the batch or control number and name of the manufacturer of the rabies vaccine l!'iven to the animal: the manufacturers name and specific unit number of the im lanted micro-chi in the animal: the name and Palm Beach County address of the adopter: and the Palm Beach County rabies tal!' number issued for the animal. Animals available for adoption shall receive a medical evaluation. For each initial medical examination that will be reimbursed. as a minimum. the AGENCY shall submit documents that record: the specific AGENCY l!'enerated identification 2 name or number iven to the animal bein evaluated' the name of the erson performine: the evaluation: a !istine: of the procedures performed and their findin s if an . and a schedule of medications or treatments as a res onse to thl dialmostic findine:s. c. KENNEL/SHELTERING The AGENCY shall kennel or shelter animals generated from within Palm Beach County according to the minimum criteria established by the COUNTY. For each animal that the AGENCY will be reimbursed. the AGENCY. at a minimum. shall submit documents that record: the specific AGENCY e:enerated identification name or number e:iven to the animal beine: provided shelter: the date the animal entered the shelter: and the date the animal left the shelter or is still at the shelter after a five (5) day holdine: period. ARTICLE 4 - PERSONNEL The AGENCY represents that it has, or will secure at its own expense, all necessary personnel required to perfonn the services under this agreement. The AGENCY shall submit the names of such personnel who are employees of, or have any contractual relationship with, the COUNTY prior to the execution of this agreement. The COUNTY shall detennine the extent of any conflict of interest with the personnel prior to the execution of this agreement. The AGENCY shall assure that all of the services perfonned and required herein shall be perfonned by the AGENCY or by personnel under its supervision. All personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perfonn such services. The AGENCY warrants that all of the services provided by, or on its behalf, pursuant to the Agreement will be perfonned with reasonable care, skill and diligence in accordance with generally and currently accepted professional principles and practices for similar services. ARTICLE 5. A V AILABILlTY OF FUNDS The COUNTY's perfonnance and obligation to pay under this agreement is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. ARTICLE 6 - INSURANCE A. AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverage and limits (including endorsements), as described herein. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution of the contract. B. Commercial General Liabilitv The COUNTY requests the AGENCY maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted in writing by County's Risk Management Department. AGENCY shall provide this coverage on a primary basis. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution of the contract. C. Business Automobile Liabilitv The COUNTY requests the AGENCY maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned. non-owned and hired automobiles. In the event AGENCY doesn't own any automobiles, the Business Auto Liability requirement shall be amended allowing AGENCY to agree to maintain only Hired & Non-Owned Auto 3 Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. AGENCY sha11 provide this coverage on a primary basis. The COUNTY may approve different coverage and limits if requested by the AGENCY prior to execution of the contract. D. Worker's Compensation Insurance & Emplovers Liability AGENCY shall maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide this coverage on a primary basis. E. Additional Insured AGENCY shall endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida. its Officers, Emplovees and Agents." AGENCY shall provide the Additional Insured endorsements coverage on a primary basis. F. Waiver of Subrol!ation AGENCY hereby waives any and all rights of Subrogation against the County, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation without an endorsement, then AGENCY sha11 agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifica11y prohibits such an endorsement, or voids coverage should AGENCY enter into such an agreement on a pre-loss basis. G. Certificate(s) of Insurance Prior to execution of this Contract, AGENCY sha11 deliver to the COUNTY a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Contract have been obtained and are in fu11 force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. H. Umbrella or Excess Liability If necessary, AGENCY may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbre11a or Excess Liability sha11 have an Aggregate limit not less than the highest "Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The COUNTY sha11 be specifica11y endorsed as an "Additional Insured" on the Umbre11a or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a "Follow-Form" basis. J. Ril!ht to Review COUNTY, by and through its Risk Management Department, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the term of this Contract. COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 7. INDEMNIFICA TION The AGENCY agrees to be responsible, as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or suits against the COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein sha11 be construed as consent by CITY to be sued by third parties in any matter arising out of any contract. 4 The COUNTY, as a political subdivision of the State of Florida, agrees to be fully responsible for its own negligent acts or omissions or tortuous acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 768.28, Florida Statutes, for any damages proximately caused said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the COUNTY to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any contract. ARTICLE 8 - SUCCESSORS AND ASSIGNS The COUNTY and the AGENCY each binds itself and its partners, successors, executors. administrators and assigns to the other party of this Contract and to the partners. successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the AGENCY shall assign, sublet, conveyor transfer its interest in this Contract without the written consent of the other, except that the AGENCY may assign his/her right to receive payment. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the AGENCY. ARTICLE 9 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 10 - CONFLICT OF INTEREST The AGENCY represents that he/she presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, or as provided for in Florida Statute 112.311. The AGENCY further represents that no person having any interest shall be employed for said performance. The AGENCY shall promptly notify the COUNTY'S representative, in writing by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the AGENCY may undertake and request an opinion of the COUNTY, as to whether the association, interest or circumstance would, in the opinion of the COUNTY constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of his/her opinion by certified mail within thirty (30) days of receipt of notification by the AGENCY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the AGENCY, the COUNTY shall so state in the notification and the AGENCY shall, at his/her option, enter into said association, interest or circumstance and he/she shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the terms of this Contract. ARTICLE 11 _ DISCLOSURE AND OWNERSHIP OF DOCUMENTS The AGENCY shall deliver to the COUNTY'S representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. 5 AlJ written and oral infonnation not in the public domain or not previously known, and alJ infonnation and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the AGENCY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. The COUNTY and the AGENCY shalJ comply with the provisions of Chapter 119, Florida Statute (Public Records Law). AlJ covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 12 - INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and shall be, in the perfonnance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All persons engaged in any of the work or services perfonned pursuant to this Contract shalJ at all times, and in alJ places, be subject to the AGENCY'S sole direction, supervision, and control. The AGENCY shall exercise control over the means and manner in which he/she and hislher employees perfonn the work, and in all respects the AGENCY'S relationship and the relationship of hislher employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise, agreement or representation other than specifically provided for in this Contract. ARTICLE 13 - ACCESS AND AUDITS The AGENCY shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during nonnal business hours, at the AGENCY'S place of business. ARTICLE 14 - NONDISCRIMINA TION The AGENCY warrants and represents that all of its employees are treated equalJy during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 15 - ENFORCEMENT COSTS If any legal action or other proceeding is brought for the enforcement of this Contract. or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and alJ expenses (including taxes) even if not taxable as court costs (including, without limitation, alJ such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 16 - AUTHORITY TO PRACTICE The AGENCY hereby represents and warrants that he/she has and will continue to maintain all licenses, designations, certifications and approvals required to conduct his/her business, and that he/she will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY'S representative upon request. 6 ARTICLE 17. SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions. to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this Contract or performing any work in furtherance hereof, the AGENCY certifies that he/she, his/her affiliates, suppliers. subcontractors and AGENCY'S who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof. This notice is required by Florida Statutes, Section 287. 133(3)(a). ARTICLE 19 - NOTICE All notices required in the Contract shall be sent by certified mail, return receipt requested, and if sent to the COUNTY'S representative shall be mailed to: County Administrator P.O. Box 1989 West Palm Beach, Florida 33402 and Animal Care and Control 7100 Belvedere Road West Palm Beach, Florida 3341 I with a copy to: County Attorney's Office P.O. Box 1989 West Palm Beach, Florida 33402 and if sent to the AGENCY shan be mailed to: Boynton Beach Animal Control 100 E. Boynton Beach Blvd. Boynton Beach. Florida 33435 ARTICLE 20. CONTRACT TERMINATION This Contract may be canceled by the AGENCY upon thirty (30) days prior written notIce to the COUNTY'S representative. It may also be terminated by the COUNTY, with or without cause, immediately upon written notice to the AGENCY. Unless the AGENCY is in breach of this Contract, the AGENCY shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. 7 After receipt of a Termination Notice and except as otherwise directed by the COUNTY, the AGENCY shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 21 - ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the AGENCY agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 22 - CRIMINAL HISTORY RECORDS CHECK The CONSULTANT shall comply with the provisions of Ordinance 2003-030, the Criminal History Records Check Ordinance ("ordinance"), if CONSULTANT'S employees or subcontractors are required under this contract to enter a "critical facility" as identified in Resolution R-2003-1274. The CONSULTANT acknowledges and agrees that all employees and subcontractors who are to enter a "critical facility" will be subject to a fingerprint based criminal history records checks. Although The CONSULT ANT shall be solely responsible for the financial, schedule, and staffing implications associated in complying with Ordinance 2003- 030. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and the AGENCY has hereunto set its hand the day and year above written. Sharon Bock, Clerk and Comptroller PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Vincent J. Bonvento, Assistant County Administrator ATTEST: AGENCY By: Title: By: By: Title: City Clerk .lIf'fllWVtD ~ 1'0 rdlu.z C:I-y"\,' ATTOPNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO THE TERMS AND CONDITIONS By: By: County Attorney Paul W. Milelli, Director Public Safety Department 8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.13 r---, \. ) Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates o December 6. 2005 o December 20. 2005 i:8J January 3, 2006 o January 17, 2006 November 14,2005 (Noon.) o February 7, 2006 o February 21,2006 o March 7, 2006 o March 21, 2006 January] 7, 2006 (Noonl.' ) February 6, 2006 (Noon1' . -. .:'J ;-. .'" '. c) December 5,2005 (Noon) December ]9,2005 (Noon) February 21, 2006 (Noon) January 3, 2006 (Noon) March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF i:8J 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 approve the 5 year extension of the U.S. LEC, INC. agreement for long distance service for the City with an estimated annual expenditure of $20,000.00. EXPLANATION: The City of Boynton Beach entered into an agreement with U.S. LEC, INC., in 2003. By entering this agreement to provide long distance service, the following benefits have been realized: · Twenty-four (24) additional lines · Free long distance from Sebastian to Ft. Lauderdale · Local long distance from Hollywood to Key West is 1.5 cents per minute · Bill consolidation - We used to receive numerous invoices from AT&T and Suncom for our long distance service · Busy hour reports have been received to determine if we are over or under utilizing the bandwidth of our T _ I circuit. This helps us to determine our long distance circuit needs for the future. · Combined cost savings of approximately $ 1,000 per month PROGRAM IMPACT: The city will continue to receive long distance service at a significant cost savings. FISCAL IMPACT: Funding for telecommunication services are allocated in the FY05/06 budget in ITS. Account #001-1510-513-41-10 ALTERNATIVES: Do not renew agr elilize Bell Sooth mAT &T fa< long di",,"ee ""'~ City Manager's Signature Information Technology Services City Attorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CUSTOMER SERVICE AGREEMENT AND THE ADDENDUM THERETO FOR THE FIVE (5) YEAR EXTENSION OF THE U.S. LEC OF FLORIDA, INC., AND THE CITY OF BOYNTON BEACH WITH N ESTIMATED ANNUAL EXPENDITURE OF $20,000.00; AUTHORIZING EXECUTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, In January, 2003, the City Commission authorized the execution of an 15 agreement with U.S. LEC of Florida, Inc., to provide long distance service for City Hall and 16 additional City buildings; and 17 WHEREAS, the City Commission has determined after a recommendation by staff, 18 that it is in the best interests of the citizens and residents of the City of Boynton Beach, to 19 enter into a five (5) year extension of the Customer Service Agreement with U.S. LEC of 20 Florida, Inc. and the addendum thereto, for long distance telecommunications services, a 21 copy ofthe Agreement and Addendum is attached hereto. 22 23 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, does 29 hereby approve and authorize the execution of the Customer Service Agreement between the 30 City of Boynton Beach and U.S. LEC of Florida, Inc., and the Addendum thereto, a copy of 31 both of which are attached hereto. S:\CA\RESO\Agreements\US LEC Agr (5 yr) extension- telecommunications.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:ICAIRESO\AgreementsIUS LEC Agr (5 yr) extension- telecommunications.doc ATTEST: City Clerk (CITY SEAL) ADDENDUM TO THE CUSTOMER SERVICE AGREEMENT BETWEEN US LEC OF FLORIDA INC. AND CITY OF BOYNTON BEACH This Addendum made as of the 30 day of November 2005, by and between US LEC of Florida Inc. ("US LEC"), with an office at 7121 Fairway Drive, Suite 1 01, Palm Beach Gardens, Florida 33418, and City of Boynton Beach ("Customer"), with an office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, contains modifications and additions to the terms and conditions of the Customer Service Agreement of even date herewith between US LEC and Customer (the "Agreement"). In consideration of the mutual covenants contained in the Agreement and herein, and for other good and valuable consideration, US LEC and Customer hereby agree as follows: I. Services will also be provided at the following Customer locations and US LEC acknowledges that all usage generated at such location will be aggregated to satisfy the Minimum Monthly Commitment: . 2010 North Federal Highway, Boynton Beach, FL 33435 . 801 North Congress Avenue, Suite 111, Boynton Beach, FL 33426 . 101 South Congress Avenue, Boynton Beach, FL 33426 . 3501 North Congress Avenue, Boynton Beach, FL 33426 . 8020 Jog Road, Boynton Beach, FL 33436 . 1901 North Sea crest Boulevard, Boynton Beach, FL 33435 . 404 NW 13th Avenue, Boynton Beach, FL 33435 . 208 South Seacrest Boulevard, Boynton Beach, FL 33435 . 129 East Ocean Avenue, Boynton Beach, FL 33435 . 6415 North Ocean Boulevard, Boynton Beach, FL 33435 . 3228 Gun Club Road, West Palm Beach, FL 33406 . 111 North Congress Avenue, Boynton Beach, FL 33426 . 3111 South Congress Avenue, Boynton Beach, FL 33426 . 1021 South Federal Highway, Boynton Beach, FL 33435 . 311 NW 1zth Avenue, Boynton Beach, FL 33435 . 211 NW 13th Avenue, Boynton Beach, FL 33435 II. The last sentence in Section 7(A) of the Agreement and the second sentence in Section 7(C) of the Agreement are hereby deleted in their entirety. III. The fifth and sixth sentences in Section 8 of the Agreement are hereby deleted in their entirety. IV. The last sentence in Section 14 of the Agreement is hereby deleted in its entirety. V. All other terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Addendum and the terms and conditions of the Agreement, this Addendum shall prevail. The terms defined in the Agreement and used in this Addendum shall have the same respective meanings as set forth in the Agreement unless clearly otherwise defined in this Addendum. IN WITNESS WHEREOF, this Addendum to the Agreement is hereby executed by an authorized representative of each party hereto as of the date first above written. US LEC OF FLORIDA INC. CITY OF BOYNTON BEACH BY: A NAME: TITLE: DATE: 11-30-05 BY: NAME: TITLE: DATE: us LEe' voice / data /Internet ~ THIS CUSTOMER SERVICE AGREEMENT (this "Agreement") is made by and between: US LEC of Florida Inc. ("US LEe"), having a place of business at 6801 Morrison Blvd, Charlotte, NC 28211; and Customer Name: City Of Boynton Beach State of Incorporation: FL Physical Address: 100 E Boynton Beach Blvd City: Boynton Beach State FL Contact Name: Phone: Email: Tax Exempt Certificate Number* . (Please attach a copy of your tax exempt certificate. You will be charged tax if this documentation is not provided.) Zip 33435-3838 Title Fax Billing Address (if different): City: State: Zip: This Agreement is subject to the terms and conditions set forth herein, and in any Addendum attached hereto, which are a material part of this Agreement and are applicable to all services ordered hereunder, whether at thir- time or at a later date. Subject to all such terms and conditions, US LEC agrees to provide, and Customer agrees tl receive and pay for, the services identified on Attachment A herein (the "Services"). Minimum Monthlv Commitment: $ 1000 Customer Initials: Minimum Term Commitment: 60 months Customer Initials: COMMITMENT LEVEL & TERM DISCOUNTS Based on the Minimum Monthly Commitment and Minimum Term Commitment, Customer will receive the product specific pricing shown in the Published Rates, Terms and Conditions (hereinafter defined) and herein on Attachment A. CONFIDENTIAL ACSA 4.2 us LEe- voice I data I Internet ,. GENERAL TERMS AND CONDITIONS 1. Aareement SUbiect to Tariffs. This Agreement and all US LEC services and agreements are governed by the terms and conditions contained in US LEC's tariffs, price lists, and published terms and conditions (collectively, the "Published Rates, Terms and Conditions"). Published Rates, Terms and Conditions are available by contacting US LEC. or may be found at www.uslec.com. Tariffs or price lists, if applicable to a service of US LEC, are also available by contacting US LEC, or the appropriate regulatory agency. Published Rates, Terms and Conditions are subject to change by US LEC or the appropriate regulatory agency. Customer agrees to be bound by the provisions of US LEC's Published Rates, Terms and Conditions in effect from time to time. In the event of a conflict between the provisions of this Agreement and any applicable Published Rates, Terms and Conditions, the provisions of the Published Rates, Terms and Conditions shall govern. 2. Payment for Services. Customer agrees to pay US LEC's charges for the Services as set forth in this Agreement or US LEC's applicable Published Rates, Terms and Conditions. Customer shall be responsible for paying for all calls originating from or terminating to either Customer's premises or the Services (whether or not authorized by Customer). Customer will be invoiced on a monthly basis. Invoices are payable upon receipt by Customer. If payments are not received by US LEC within twenty-eight (28) days of the date of the invoice, US LEC may at any time thereafter, subject to applicable laws or regulations, discontinue the Services, terminate this Agreement. request a security deposit and/or impose a late charge of one and one-half percent (1 1/2%) per month of the balance due (or such lesser amount as is permitted by applicable law). Except as otherwise provided by applicable law, Customer has the affirmative obligation of providing written notice and supporting documentation for any dispute of an invoice within forty-five (45) days of the date of such invoice. All undisputed invoice charges remain due and payable as described above and payment of such undisputed amounts shall not be withheld. US LEC may also apply any Customer deposit to the unpaid bill. Customer agrees to pay US LEC all costs and expenses of collection of any amounts due from Customer hereunder, including reasonable attorney's fees and expenses. 3. Minimum Monthlv Commitment. Customer agrees to pay for the Minimum Monthly Commitment indicated above. In any given month (after the third full month following Service initiation) where actual amounts billed to Customer fall below the Minimum Monthly Commitment, Customer will nonetheless be billed for and agrees to pay the Minimum Monthly Commitment. If actual amounts billed to Customer are less than Customer's Minimum Monthly Commitment for a period of four consecutive months, US LEC may, but shall not be required to, reduce Customer's Minimum Monthly Commitment, and alter its rates accordingly, to reflect actual amounts billed to Customer in such four month period. US LEC may only reduce Customer's Minimum Monthly Commitment once during each calendar year. Service types that contribute toward the Minimum Monthly Commitment include voice, data and Internet services. Charges that do not contribute to the Minimum Monthly Commitment include: all Charges for all non-recurring charges. such as installation charges. expedite charges and late payment penalties, taxes and other government-imposed surcharges, and all charges by other carriers that are not invoiced by US LEC to Customer. Multiple Customer locations specifically referenced herein or in an addendum hereto are aggregated to satisfy the Minimum Monthly Commitment. 4. Customer Satisfaction Guarantee. If, at any time, Customer is not satisfied that US LEC's network quality or the quality of the sales and service support Customer receives from US LEC is at least as good as the network quality and service that was provided to Customer by Customer's prior carrier(s), and US LEC fails to correct the problem to Customer's reasonable satisfaction within 15 days of receipt of written notice specifying in reasonable detail the nature of the problem, Customer may terminate this Agreement without penalty upon an additional 15 day written notice. 5. Term: Automatic Renewal. This Agreement shall become effective on the date it is signed by both Customer and US LEC (the "Effective Date"), subject, however, to US LEC's approval of Customer's credit application and US LEC's approval of the suitability of Customer's premises for the Services. The Minimum Term Commitment commences on date of Service initiation. This Agreement shall continue in force for the Minimum Term Commitment selected on the first page of this Agreement unless sooner terminated as provided herein, provided however. that if Customer adds additional T-1 facilities under this Agreement after the Effective Date, Customer's Minimum Term Commitment with respect to such facilities shall commence on the date of Service initiation for such facility, and this Agreement shall continue in force until the Minimum Term Commitments applicable to all facilities ordered hereunder shall have expired. This Agreement shall be automatically renewed for successive one-year periods unless either party gives the other party written notice of non-renewal at least 30 days prior to the end of the then current term. The terms and conditions of this Agreement shall be applicable to any such renewal term. 6. Termination. (A) If a party materially breaches any of the terms of this Agreement, the other party may terminate this Agreement without liability to the breaching party, but only if 1) the non-breaching party has given at teast thirty (30) days notice of its intent to terminate and 2) prior to the effective date of such notice, the breaching party has not substantially remedied such breach. Notwithstanding the foregoing, US LEC may discontinue, suspend, or terminate the Services for non-payment of any amount owing hereunder when due, including non-payment of a required security deposit. on the date notice is given, or on the earliest date allowed by applicable law or regulation. (B) If, prior to the expiration of the term of this Agreement, Customer terminates this Agreement (other than as provided in Paragraphs 4 and 6(A) above) or US LEC terminates this Agreement pursuant to Paragraph 6(A) due to Customer's breach, Customer shall be liable to US LEC for: (i) a termination charge in an amount equal to 50% of the Minimum Monthly Commitment multiplied by the number of months remaining in the then current term; and (ii) a termination charge in an amount equal to any promotional credits, discounts or fee waivers previously provided by US LEC to Customer. In the event of termination of this Agreement for any reason Customer acknowledges and agrees that US LEC may withhold customer service information until US LEC receives payment for all amounts incurred by Customer through the effective date of termination. Nothing contained herein or in paragraph 2 shall be construed as prohibiting US LEC from pursuing any other legal or equitable remedy that may be available to it, or limiting the damages to which US LEC may be entitled in law or in equity, due to Customer's breach. CONFIDENTIAL ACSA 4.2 US LEC' voice I data I Internet ~ 7. Equipment. (A) US LEC will provide hardware and software owned, leased or developed by, or licensed to US LEC as outlined in Attachment A, which is necessary to pertorm the applicable Services (the "Equipment"). Customer agrees to use the Equipment solely in connection with the Services. US LEC and/or its suppliers have and will retain all rights, title and interest in and to the Equipment, including any intellectual property rights therein. Use of the Equipment may be subject to end-user licenses that are included with the Equipment. Customer will not remove any identification tags or other markings on the Equipment and will not cause, create or suffer any claims, liens, charges or encumbrances or security interests in, on or to the Equipment. With regard to any software components of the Equipment, Customer agrees it will not (i) use or make any copies of the software, (ii) reverse engineer, decompile, or disassemble the software, (iii) sell, resell, transfer, license, sublicense, or distribute the software, or (iv) create, write, or ?evelop ~ny derivative software or oth.er software program. that is based. on. ~~ch software. el:l9t~ffler ~!Jfee5 te iRdefflRify, seferla a"d ,"uk! U~ C~C-and- -K , ' cystoml>r's, f"ilure to comp"y ...~tR tRe foregoioQ, (B) Customer agrees to retum the Equipment within thirty (30) days of termination or expiration of the Agreement. If Customer fails to return the Equipment within that period, US LEC shall have the right to (a) invoice Customer for the full replacement value for the Equipment and/or (b) pursue any other right it may have at law or in equity. The Equipment must be retumed in the same condition as when it was originally delivered to Customer, except for customary wear and tear. (C) To the extent US LEC is pertormingthe Services using hardware and/or software owned, leased or licensed by Customer (the 'Customer Equipmenr), Customer agrees to (a) provide US LEC or its suppliers with such reasonable and safe access to the Customer Equipment as is necessary to pertorm the Services, (b) secure any licenses, approvals or consents required for US LEC or its suppliers to access or use the Customer Equipment necessary to pertorm the Services, and (c) meet other physical and 7-nviro~me~tal requirements. G~S~,>r "grn9S ~ iRdewRify, ,t~f<>~~ ."'n,t hQI'.1 US b[C B~EI iIG .i'''p~li~rc' ~~~eti: fr~1JI ,~Rd.,:~:ai~~ta~~~==dQ~~ ~~aims ~ ~~;;~~~~ f~ii;~~ I;; secprf! thf! liN>n<:p~ ..qpprnv",":: ",o,t/n. ~.~ &&t feFtR in Itie ae&tiQc. Customer also agrees Customer will not alter, modify or re-configure the Customer Equipment unless written notice of such is provided to US LEC in advance. 8. Authorization to Perform Testina: Associated Risks. Certain laws and regulations prohibit the unauthorized penetration of computer networks and systems. Customer herby grants US lEC the authority to access Customer's networks and computer systems solely for the purpose of providing the Services. Customer acknowledges that the Services constitute permitted access to Customer networks and computer systems. In the event one or more of the IP Addresses Customer gives to US lEC are associated with computer systems that are owned, managed, and/or hosted by a third party service provider ("Host"), Customer agrees to: (i) notify US lEC of such Host arrangement prior to the commencement of any Services; (ii) obtain Host's written consent for US LEC to perform the Services on Host's computer systems, which includes acknowledgement of the risks and acceptance of the conditions set forth herein; (iii) provide US lEC with a copy of such consent, acknowledgement and acceptance; and (iv) facilitate any necessary communications and exchanges of information between US lEC and Hr in connection with the Services. C:Stoffl(., O\:l,t:= tv ;..BeffiAify, E1efe"Ef aflQ f::Iela 1:.10 lEC aloe it3 supplie,,, h.~hl,,1G33 fmm <:oM aoainc::t 7r:lY-c. . all claims, :$~:', ~~~,~i.'~~~ ~R~ ~;~l~~~~~i~: ::~:~I~=~:;i3 fee3 t~t arise out. of ~~~~ ~:~~ ~~ ~::~;: =~ ~ :;L.~;:~:;I ~,~d~~ a~ ~;~ [I ,€ !~R'l 9R} ClAd ~ ~~~:~~~,,3 t"'ul 011"'" oot eUba_t~.a:ra 7'\ ,:;; . t . . . It fee, arut vulll""dbilili= of (he IP Addre&&9li: tRat Customer ~~id~ Customer acknowledges that the Services entail certain risks including the following possible negative impacts: (i) excessive log file disk space may be consumed due to the excessive number of log messages generated by the Services; (ii) pertorrnance and throughput of networks and associated routers and firewalls may be temporarily degraded; (Hi) degradation of bandwidth; and (iv) Customer computer systems may hang or crash resulting in temporary system unavailability and/or loss of data. 9. Intellectual Property. US lEC or its suppliers are the exclusive owner of and will retain all rights, title, and interest in and to the Services and the Equipment, including copyrights, patent rights, trademarks, service marks, trade secrets, and other proprietary rights therein. 10. Certain Damaaes. Customer hereby agrees to reimburse US lEC for loss of or damage to any Services or related facilities or Equipment of US lEC, which may be caused by the negligence or willful misconduct of Customer, its agents, employees or representatives. 11. Toll Free Service. A Resp.Org. is an agent appointed by a customer to access the national toll free database, which stores characteristics of each toll free number, and to act on the Customer's behalf in defining and administering the toll free number(s) in the national database used by the Customer. US lEC provides Resp.Org. functions in accordance with Bell Operating Companies joint tariff for access to the toll free database, however, US lEC may, at its discretion, limit the quantity of numbers it manages as a Resp.Org. for any customer. Subject to the preceding sentence, Customer may request and agree to pay for US lEC to serve as its Resp.Org. Customer may also request and agree to pay for US lEC to subscribe to Toll Free Directory listing for the number(s) assigned to Customer. Recurring charges, as specified in the applicable Published Rates, Terms and Conditions shall apply if Customer retains US lEC as Resp.Org. when using another Toll Free service provider. The Customer must place each Toll Free telephone number in actual and substantial use. If the Customer elects to retain a non-US lEC Resp.Org., the Customer must notify US lEC of any changes in the Customer's Resp.Org. in writing within 48 hours of the change and the Customer shall remain liable for all Resp.Org. functions provided to Customer by US lEC until such change in Customer's Resp.Org. is effective. In the event that a Customer transfers its Service to another Resp.Org., US lEC shall cease to subscribe to Toll Free Directory listing Service on behalf of the Customer and the Customer is responsible for assuring that Directory listing Service is maintained through the new Resp.Org. Customer remains responsible for payment of any outstanding charges for Toll Free Directory listing(s). Customer is responsible for all outstanding indebtedness for services provided by a previous Resp.Org or for any obligations of Customer to such previous service providers existing at the time of transfer to US lEC. CONFIDENTIAL ACSA4.2 us LEe- voice I dato I Internet ,. 12. Special Construction. Customer shall be responsible for all costs associated with any special construction requested by Customer as part of US LEC's provision of Service, and all costs arising from any Customer requested change in location of all or part of the Services prior to the completion of construction or installation. 13. Customer Representation. If Customer is a reseller or offers shared tenant services, Customer represents and warrants that it is in compliance with all applicable state and federal laws, including but not limited to any certification requirements. 14. Liability of US LEC: Disclaimer of Warranties. The liability of US LEC (or any other carrier furnishing any portion of the Services) for any interruption or failure of any Service furnished pursuant to this Agreement shall be limited to the amount of actual charges paid by Customer for the interrupted Service(s). US LEC shall not be liable for any interruption caused by any act or omission of any other carrier or other provider furnishing any portion of the Services, including directory listings. Customer may be entitled to receive a credit for errors and omissions in directory listings. Neither US LEC nor any other carrier furnishing any portion of the Services shall have liability for any fraudulent or unauthorized calls originating from or terminating to Customer's premises or the Services. NEITHER US LEC NOR ANY OTHER CARRIER FURNISHING ANY PORTION OF THE SERVICES SHALL HAVE LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES SUFFERED BY CUSTOMER IN CONNECTION WITH SERVICES PROVIDED UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY OR TORT, NOTWITHSTANDING THAT US LEC OR THE OTHER CARRIER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. CUSTOMER HEREBY RELEASES US LEC AND ANY OTHER CARRIER FURNISHING ANY PORTION OF THE SERVICES (AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS) FROM ANY SUCH CLAIM. EXCEPT AS PROVIDED IN PARAGRAPH 4 ABOVE, US LEC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO ANY SERVICES, FACILITIES OR EQUIPMENT PROVIDED PURSUANT TO THIS AGREEMENT. US LEC DOES NOT WARRANT, EXERCISE ANY CONTROL OVER OR MAKE ANY REPRESENTATIONS WHATSOEVER AS TO THE CONTENT, ACCURACY, NATURE, SUBJECT MATTER OR CORRECTNESS OF ANY DATA PASSED THROUGH OR COMMUNICATED THROUGH US LEC AND/OR THROUGH THE INTERNET AS A DIRECT OR INDIRECT RESULT OF US LEC'S SERVICES AND USE OF ANY SUCH INFORMATION IS AT THE CUSTOMER'S OWN RISK. CUSTOMER ACKNOWLEDGES THAT IT HAS SOLE RESPONSIBILITY OF ENSURING THAT (A) ITS PBX'S ARE PROGRAMMED TO CORRECTLY ROUTE 911 CALLS AND (B) ITS PHONE EQUIPMENT IS CONFIGURED TO PREVENT REMOTE ENTRY FOR THE PURPOSE OF GAINING ACCESS TO AN OUTSIDE LINE. US LEC IS NOT LIABLE TO CUSTOMER FOR ANY DIRECT, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM ANY INCORRECT CUSTOMER PBX PROGRAMMING. TO TI-fE MAXIMUM [)(TerJT F"EfU\"t1'fTeB BY ~, "NO EXC~PT TO THe EXTEN:r ~RU:E~[~~ ':~~~I~,G~~~~.^~~ '~;~T~~~: MISCONDlUOT :J~S~~~~~~~;~~~;6~~F:;~E~i~~~Ei: 1\ :;~~Jfi~~~1~wk1;5t#~;~#$ie~E- FOR I HI:: t-'Ut'<I"'u~t= uF c,'fUtttNC AeeESS--ffi Att-6UTGlOC liNE 15. Credit Information. Upon request of US LEC, Customer will provide US LEC with a copy of Customer's most recent financial statement and/or the remittance portion of the Customer's most recent invoice from a current or previous telecommunications carrier. Customer's signature below constitutes authorization for US LEC to obtain credit information from any credit bureau or other investigative agency pertaining to the credit and financial responsibility of Customer. Customer understands that, as a result of this credit review, it may be required to submit a deposit or a guaranty(ies) of related parties in order to receive the Services. 16. Service Level Aareements. Any US LEC Service Level Agreement (the "US LEC SLA") attached hereto is hereby incorporated into the Agreement. The US LEC SLA is not applicable if any Service degradation or disruption (a) occurs during scheduled maintenance, (b) is related to acts or omissions of the Customer or authorized agent, (c) is the result of a malicious action by a third party against the Customer or authorized agent, (d) is caused by co-located equipment, facilities, or applications or (e) is caused by an "Act of God" or other "force majeure" event. US LEC reserves the right to amend the US LEC SLA, effective as of the date of US LEC's notice of any such amendment. In the event that any amendment to the US LEC SLA results in a material reduction of the US LEC SLA service levels or to the remedies available to Customer, Customer may terminate this Agreement without liability on written notice to US LEC during the thirty (30) days following notice of such amendment. In such event Customer shall remain responsible for payment of all amounts incurred through the effective date of termination. 17. Acceptable Use Policv. Customer is obligated to read and comply with any and all terms and conditions of the current US LEC Acceptable Use Policy (hereinafter "A UP"). US LEC'S AUP is incorporated herein by reference in full and as it may be amended from time to time in the future. The AUP is displayed at www.uslec.com and is effective upon public posting. Upon the violation of any of the terms and conditions of the AUP by Customer, US LEC shall have the right to suspend or terminate this Agreement and any service by US LEC to Customer, consistent with applicable law. CONFIDENTIAL ACSA 4.2 US I.EC~ voice I Jato /Internet' 18. Entire Aareement: Modification: Waiver. This Agreement and any attachments, exhibits or addenda hereto, and any applicable Published Rates, Terms and Conditions constitute the entire agreement between the parties relating to the subject matter hereof. Except as set forth in the Published Rates, Terms and Conditions, there are no terms, conditions or obligations other than those contained herein and there are no verbal statements, representations, warranties or agreements with respect to this transaction, which have not been embodied herein. This Agreement may only be amended or modified by a written agreement executed by authorized signatories of the parties hereto. No waiver of any breach of this Agreement will be valid unless in writing and signed by the party against whom enforcement is sought, and no such waiver shall be deemed to be a waiver of any future breach. 19. Notices. All notices hereunder shall be in writing and mailed first class certified mail, return receipt requested, or delivered by hand to the address of the other party set forth on the first page of this Agreement or such other address as such party may designate from time to time by such notice and shall take effect: (a) if mailed, 3 business days after being deposited in the U.S. Mail or (b) when received, if delivered by hand. 20. Governina Law. This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of law rules. 21. Assianment: Miscellaneous. Customer may not assign this Agreement without the express written consent of US LEC. US LEC may assign this Agreement in whole or in part to (a) any subsidiary, parent company or other affiliate of US LEC; (b) pursuant to any sale or transfer of substantially all the business of US LEC; or (c) pursuant to any financing, merger or reorganization of US LEC, provided only that the assignee is licensed to provide the services assigned to it. Though US LEC may choose to assist Customer with the disconnection of services provided by Customer's previous carrier(s), Customer is solely responsible for such disconnection and for any continued billing by Customer's former carrier(s). If any provision of this Agreement shall be held to be illegal. invalid or unenforceable as a matter of law, the same shall not invalidate this Agreement, which shall be construed as if not containing such provision, and the rights and obligations of the parties shall be construed and enforced as if a commercially reasonable provision had been substituted in place thereof, consistent with the undertakings of the parties hereto. Notwithstanding anything contained herein to the contrary, neither party shall be responsible to the other for damages or losses caused by an "Act of God" or other "force majeure" event. This Agreement may be executed in one or more counterparts each one of which shall be deemed an original and all of which together shall constitute one and the same instrument. Neither party shall use the name of the other party for advertising or other such purposes without the prior written consent of the party, except that US LEC may include Customr name in generic customer lists compiled from time to time. This offer expressly limits acceptance to the pre-printed terms and conditions as c forth herein, and those contained in US LEC's Acceptable Use Policy (incorporated herein by this reference and found at www.uslec.com). Any additional or different terms proposed by Customer (either by notation on this form or in another instrument previously or hereafter furnished to US LEC) are rejected in their entirety unless expressly agreed to in writing by a US LEC Director or Vice President of Sales. CONFIDENTIAL ACSA 4.2 ~/S LEe' Appointment of Agent voice I dato I Internet ,. Customer Name: Physical Address: City Of Boynton Beach 100 E Boynton Beach Blvd City: Boynton Beach State: FL Zip: 33435-3838 In connection with this Agreement between US LEC and Customer, Customer hereby appoints US LEC to act as its agent in dealing with any or all of the following: a. Local Exchange Carriers b. Long Distance carriers, including but not limited to, AT&T Corp, Sprint, and MCI c. Other and/or Specialized Common Carriers d. Facility Providers e. Joint User Groups f. Equipment Vendors g. Consultants Solely for the purposes of ordering, changing and/or maintaining US LEC's provision of the Services, provided, however, that US LEC will not change Customer's long distance carrier without Customer's prior written authorization. THIS AUTHORIZATION SHALL REMAIN IN EFFECT UNTIL MODIFIED OR REVOKED IN WRITING BY CUSTOMER. 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" ~ n o 3 ~. 3 ~ ;; "Tl r- ,... ,... ... ,... Y' Co> ~~ ..., ... 2 ~ i:"1 x ::r ~ ~ roo ..,. ~ VJ Z " ;l> - 0> 0 s: " "Cl C ~ .., VJ ::::! ~ ;:;. ~. Cii ~ IV ~ -0 ~ 00 0 c ~ 0 VI C VJ n (") ..., ~ ;l> '< :ci (5' C'l g, " ~ to t"1 ~ !f ~ -< "Cl t"" ..., ~ [JJ ~ ~ e:. "Cl ~ 0 .., <0 Z "'l ;:;- ':i (J) t ~ ::<' n 0 ..., 3 0 '0 g 2 - '5 ~ ~ ." .~ .., ;:;- ~ ~ rn "Cl ~ ~ ~ ;.- " ~ "!' &:i ~06 0"'0 ~ [JJ ~ :! r;' 0> n ::r .. = ~ ~ = o r;- Oo 0- ~ " l" z o [JJ ~ r;' ~ n :T .. :0 "" ~ zo~ ~..,~ n _0 03 '0 I- [::1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.14 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) ~ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21 , 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF l:8J 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 authorize the City Manager to sign the Consent Order with the Florida Department of Environmental Protection for a force main break at 3925 West Boynton Beach Boulevard - OGC File No. 04-1904. EXPLANATION: The City of Boynton Beach's Wastewater Collection and Transmission System collects sewage in the City and delivers it to a regional wastewater treatment facility. On June 19,2004, due to a break in the 16 inch force main at 3925 West Boynton Beach Boulevard, the City discharged untreated wastewater which flowed to ground surfaces and storm drains along West Boynton Beach Boulevard. PROGRAM IMPACT: Action allows settlement of a potential regulatory violation action which would involve a time consuming matter for the Utility Department and which would distract from positive programs of the department. FISCAL IMPACT: The City will pay to the Department $63,000.00 in settlement, which includes $3,000.00 for costs and expenses and $30,000.00 of an In-Kind Project. ALTERNATIVES: Refuse to enter into the consent settlement and defend a re latory violation action which could have signifIcantly higher cost. '- ~ ~ ~ Depai1ment Head's Signature Department Name ~ City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH MEMORANDUM TO: Honorable Mayor Jerry Taylor City Commissioners CC: Kurt Bressner, City Manager Janet Prainito, City Clerk James A. Cherof, City Attorney~~-- FROM: DATE: December 27,2005 RE: Department of Environmental Protection Settlement On your agenda for January 3rd is a proposed Stipulation which effectively settles a regulatory claim by the Department of Environmental Protection arising from a sewer line break and discharge. The settlement includes the payment of a fine as well as in-kind project(s) by City staff. Staff has been working on designating a project or projects that would satisfy the Department of Environmental Protection to earn the in-kind credit, but due to the holidays has been unable to resolve both project and project timing issues. Accordingly it may be requested that this matter be tabled to accommodate staff's need to resolve the project and timing issues. S:\CA\MEMORANDUMVAC\Memo to Commission - DEP Consent Order.rtf 1 RESOLUTION R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH AUTHORIZING 5 THE CITY MANAGER TO ENTER INTO A 6 STIPULATED CONSENT ORDER WITH THE 7 FLORIDA DEPARTMENT OF ENVIROMENTAL 8 REGULATION ARISING FROM THE 3925 WEST 9 BOYNTON BEACH BOULEVARD FORCE MAIN 10 BREAK; PROVIDING AND EFFECTIVE DATE. 11 12 WHEREAS, the City of Boynton Beach's Wastewater Collection and Transmission 13 System collects sewage in the City and delivers it to a regional wastewater treatment 14 facility; and 15 WHEREAS, On June 19, 2004 due to a break on the 16 inch force main at 3925 16 West Boynton Beach Boulevard, the City discharged untreated wastewater which flowed to 17 ground surfaces and storm drains along West Boynton beach Boulevard; and 18 WHEREAS, the City and the DEP, which has the authority to initiate regulatory 19 compliance actions, have reached a resolution of the matter through the use of a Consent 20 Order, a copy of which is attached hereto as Exhibit "A"; and 21 22 NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH FLORIDA: 24 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confrrmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2: The City Commission of the City of Boynton Beach hereby 29 authorizes the City Manager to execute the Consent Order for settlement of the 3925 West 30 Boynton Beach Boulevard force main break Florida Department of Environmental C:\Documents and Settingslferraral\Local Settings\Temporary Internet Files\OLKIF\DEP Consent Order,doc 1 Protection enforcement action (OGC File No. 04-1904), a copy of which is attached hereto 2 as Exhibit "A". 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 3: This Resolution shall become effective immediately upon its passage. , 2006. day of PASSED AND ADOPTED this CITY OF BOYNTON BEACH Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Deputy City Clerk (Corporate Seal) C:\Documents and Settings\ferraral\Local Setlings\Temporary Internet Fjles\OLKIF\DEP Consent Order,doc BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) OF ENVIRONMENTAL PROTECTION, ) ) Complainant, ) ) vs. ) ) City of Boynton Beach, ) ) Respondent. ) IN THE OFFICE OF THE SOUTHEAST DISTRICT OGC FILE NO, 04-1904 CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection ("Department") and the City of Boynton Beach ("Respondent") to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce the provisions of Chapter 403, Florida Statutes ("Fla. Stat."), and the rules promulgated thereunder, Title 62, Florida Administrative Code ("Fla. Admin. Code"). The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 403.031(5), Fla. Stat. 3. Respondent is the owner and is responsible for the operation of the City of Boynton Beach Wastewater Collection and Transmission System ("System"), a system of pipes and lift stations that collects sewage in the City of Boynton Beach and delivers it to a regional wastewater treatment facility. The System includes a 16-inch diameter force main that runs parallel to West Boynton Beach Boulevard and to the L-24 Canal between Lawrence Road and City of Boynton Beach Consent Order No, OGC 04-1904 Page 2 of 12 Congress Avenue in the right-of-way of West Boynton Beach Boulevard, in Boynton Beach, Palm Beach County, Florida. The System also includes Master Lift Station #801, located between the L-24 Canal and West Boynton Beach Boulevard on Lawrence Road, in Boynton Beach, Palm Beach County, Florida. 4. The Department finds that: a. On June 19,2004, Respondent discharged untreated wastewater from a break in the 16-inch force main at approximately 3925 West Boynton Beach Boulevard. The discharged wastewater flowed to ground surlaces and storm drains along West Boynton Beach Boulevard. b. During the night of June 19-20,2004, Respondent pumped untreated wastewater from Master Lift Station #801 directly into the L-24 Canal while commencing force main repairs. c. On June 20 through June 24, 2004, samples from the L-24 Canal downstream of the discharge exceeded water quality criteria for fecal coliform by 1000% or more. 5. Having reached a resolution of the matter the Department and the Respondent mutually agree and it is ORDERED: 6. The Department, m consideration of and in exchange for the Respondent's commitment and agreement to adhere to the requirements set forth in Paragraph 10, below, hereby conditionally waives its right to sue the Respondent for the violations addressed by this Consent Order. 7. This waiver is conditioned upon the Respondent's complete compliance with all of the terms of this Consent Order. If the Respondent fails to comply with any of the terms and City of Boynton Beach Consent Order No. OGC 04-1904 Page 3 of 12 conditions of this Consent Order, the conditions of the waiver will be considered not to have been met and the waiver will not become effective. 8. The Respondent further agrees not to assert any claims of waiver andlor estoppel against the Department in the event the Respondent fails to comply with any requirement of this Consent Order, and the Department, as a result thereof, elects to pursue the Respondent for civil penalties assessed as a result of the Respondent's non-compliance with the terms of this Consent Order. 9. The Respondent acknowledges and agrees that in no event shaIl these Paragraphs 6 through 8 be construed to apply as a waiver by the Department to undertake causes of action not addressed by this Consent Order. 10. The Department's conditional waiver of its right to sue, as detailed above, is also expressly conditioned upon the Respondent's complete and timely performance of all requirements set forth in this Paragraph. Respondent shaIl comply with the foIl owing corrective actions within the stated time periods: a. Between June 19, 2004, and the 60th day after the effective date of this Consent Order, Respondent shall inspect the entire length of the pipe on both sides of the break, from Master Lift Station 801 to Congress A venue, and shaIl repair or replace any portions that appear to be damaged or compromised. The repairs or replacements shaIl be completed not more than 180 days from the effective date of this Consent Order. b. Between June 19, 2004, and the 90th day after the effective date of this Consent Order, Respondent shall submit to both the Department and to the Palm Beach County Department of Health a written spiII response plan for approval by both agencies. The plan may be incorporated into the Manual required in Subparagraph 1O.c. below. The plan shall include (1) protocols for addressing discharges from any part of the coIlection system, with specific instructions for those areas in close proximity to canals and storm drains; (2) provisions for a City of Boynton Beach Consent Order No. OGC 04-1904 Page 4 of 12 City of Boynton Beach representative to be promptly dispatched to the site of the discharge to oversee containment, initial repairs, and cleanup activities, and this City representative must be given the authority to make decisions onsite and to take immediate action to obtain labor and materials; (3) public notification procedures with prompt door-to-door notifications, size of notification area, and signs and barriers at the discharge site and impacted areas; (4) equipment and supplies to be kept in readiness at all times for discharge response and public notification; (5) training to be provided and updated regularly for personnel involved in the response activities, with regulatory requirements and prohibitions included. c. Between June 19, 2004, and the 90th day after the effective date of this Consent Order, Respondent shall submit to both the Department and to the Palm Beach County Department of Health a written Operations and Maintenance Manual for the System for approval by both agencies. The Manual shall establish a preventive maintenance program for the System. d. Between June 19, 2004, and the 90th day after the effective date of this Consent Order, Respondent shall acquire, and keep in readiness for immediate use, public notification materials including (1) 50 or more signs with appropriate language in the predominant languages of the area, with sufficiently large and legible lettering to be readily visible to a person with normal eyesight from a distance of 20 feet; (2) 1000 or more door hangers printed with waterproof ink and having appropriate language in the predominant languages of the area. e. Between June 19, 2004, and the 180th day after the effective date of this Consent Order, Respondent shall develop and execute mutual-aid agreements with one or more nearby municipalities or other public jurisdictions, and/or service agreements with one or more private companies, in order to ensure that hauling services, emergency generators, and additional resources are available in the event of major spill events. City of Boynton Beach Consent Order No. OGe 04-1904 Page 5 of 12 11. In the event of a sale or conveyance of the facility or of the property upon which the facility is located, if all of the requirements of this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the sale or conveyance of the property or facility: a. Notify the Department of such sale or conveyance, b. Provide the name and address of the purchaser, or operator, or person(s) in control of the facility, and c. Provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the facility, or the property upon which the facility is located shall not relieve the Respondent of the obligations imposed in this Consent Order. 12. Between June 19, 2004, and the 60th day after the effective date of this Consent Order, Respondent shall pay the Department $63,000.00 in settlement of the matters addressed in this Consent Order. This amount includes $3,000.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. The civil penalties are apportioned as follows: $10,000.00 for violation of Rule 62-604.130(1), Fla. Admin. Code, and $10,000.00 per day for five days of violations of Rule 62- 302.530, Fla. Admin. Code. In lieu of cash payment of $30,000.00 of the civil penalties, Respondent has completed an In-Kind Project approved by the Department. The value of the In- Kind Project is more than $45,000.00, which is 1 and 1/2 times the amount of cash civil penalty being credited ($30,000.00). Within 60 days of the effective date of this Consent Order, Respondent shall submit final documentation of the expenditure of at least $45,000.00 for completion of the In-Kind Project. Payment of the remaining $30,000.00 civil penalty and of the $3,000.00 for Department costs and expenses, for a total of $33,000.00, shall be made by cashier's check or money order. The instrument shall be made payable to the "Department of City of Boynton Beach Consent Order No. OGe 04-1904 Page 6 of 12 Environmental Protection" and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". Payment shall be sent to the Department of Environmental Protection, 400 North Congress A venue, Suite 200, West Palm Beach, Florida, 33401. 13. Respondent agrees to pay the Department stipulated penalties in the amount of $500.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 10 through 12 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund." Payment shall be sent to the Department of Environmental Protection, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida, 33401. The Department may make demands for payment at any time after violations occur. Nothing in this Paragraph shall prevent the Department from filing suit to specifically enforce any terms of this Consent Order. Any penalties assessed under this Paragraph shall be in addition to the settlement sum agreed to in Paragraph of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this Paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this Paragraph. 14. If any event, including administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. City of Boynton Beach Consent Order No. OGC 04-1904 Page 7 of 12 Economic circumstances shall not be considered circumstances beyond the control of Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondent intends to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondent to comply with the notice requirements of this Paragraph in a timely manner shall constitute a waiver of Respondent's right to request an extension of time for compliance with the requirements of this Consent Order. 15. Persons who are not parties to this Consent Order, but whose substantial interests are affected by this Consent Order, have a right, pursuant to Sections 120.569 and 120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 City of Boynton Beach Consent Order No. OGe 04-1904 Page 8 of 12 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; (g) A statement of the relief sought by petitioner, stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing underSections 120.569 and 120.57, Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or City of Boynton Beach Consent Order No. OGC 04-1904 Page 9 of 12 may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, MS #35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (0 The name of each party's representative who shall have authority to settle or recommend settlement; and City of Boynton Beach Consent Order No. aGe 04-1904 Page 10 of 12 (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administraHve hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 16. Respondent shall allow all authorized representatives of the Department access to the property and facility at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 17. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, 400 North Congress Avenue, Suite 200, West Palm Beach, Florida, 33401. City of Boynton Beach Consent Order No. OGC 04-1904 Page 11 of 12 18. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 19. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order, including but not limited to undisclosed releases, contamination or polluting conditions. 20. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69 and 403.121, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161(1)(b), Florida Statutes. 21. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties up to $10,000.00 per day per violation, and criminal penalties. 22. Entry of this Consent Order does not relieve Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 23. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondent and the Department. 24. Respondent acknowledges and waives its right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order, 25. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the City of Boynton Beach Consent Order No, OGC 04-1904 Page 12 of 12 Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. FOR THE RESPONDENT: Kurt Bressner, City Manager City of Boynton Beach Date DONE AND ORDERED this _ day of ,200_, in West Palm Beach, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Kevin R. Neal District Director Southeast District FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to ~120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Copies furnished to: Larry Morgan, Sr. Attorney, OGCffAL Kathy Carter, Agency Clerk, MS #35, DEPffAL David O'Brien, Enforcement Coordinator, Water Facilities, DEPffAL David Hebert, Palm Beach County Department of Health INTER-OFFICE MEMORANDUM UTILITIES DEP AR TMENT To: Kurt Bressner, City Manager ~ RErEiVE'5l 1------- 1 IDE C 2 2 2005 I I l J I I -"TV ftllll'" ',(Ora '(' orf-rCE I t tJ~ I I JV~r'd"(/.\0:~:i'~) !( -, ' t --'.---.___.'.'e._ From: Kofi Boateng, P.E., Director of Utilities Date: December 18, 2005 Subject: Requirements of DEP Consent Order No. OGC 04-1904 Utilities staff has reviewed the requirements of the Department of Environmental Protection (DEP) Consent Order No. OGC 04-1904 and, generally, staff believe additional time will be needed to address the requirements. This is noted in the following specific comments that reference paragraph 10 of the consent order (CO): A. Paragraph 10 (a) of the CO requires an inspection of an entire pipe section, spanning a significant length of pipe on both sides of where the spill occurs, within 60 days of the effective date of the CO. Additionally, depending on the inspection results, the CO requires repair and replacement of any damaged sections to be done within 180 days of the effective date. Comments · Utilities Department will require at least 180 days from the effective date of the CO to meet the inspection requirement, depending on the approach agreed upon by DEP. The pipe section is approximately one (1) mile long and seven (7) feet or eight (8) feet deep. The work involved in the inspection will require support beyond the current in-house resources of the Utilities Department. · Utilities proposes to use one of two approaches, a Radar Tomography Survey (RTS), or a Traditional open-cut. The RTS approach will take about 180 days to complete and cost approximately $100,000. The traditional open cut approach will take longer, perhaps one year, and cost more - this option will incur significant traffic control costs, as wen as intangible costs associated with system outages and public inconveniences. · DEP will have to assure Utilities that the inspection results obtained through the use of R TS will be acceptable prior to its use. · Utilities will require 360 days from the effective date of the CO to execute the repairs and lor replacements of the damaged portions of the pipe. B. Paragraph I O(b) requires the submittal of a written spill response plan to both the DEP and the Palm Beach County (PBC) Health Department, for their respective approvals, within 90 days after the effective date of the CO. Comments . Utilities will require 180 days from the effective date of the CO to complete the required written spill response plan. . The scope and protocols identified for the response plan is quite comprehensive, and Utilities will have to procure, on a priority basis, consultant support to comply with the requirements within a reasonable time. C. Paragraph I O( c) requires the submittal of an "Operations and Maintenance Manual for the System" to both the DEP and the Palm Beach County (PBC) Health Department for their respective approvals within 90 days after the effective date of the CO. Comments . Utilities will require 270 days from the effective date of the CO to complete the required Operations and Maintenance Manual, including a preventative maintenance program, as specified by the requirement. . The scope of the work needed to develop the manual will require the involvement of an outside consulting support. Utilities plans to incorporate the work associated with this and the spill response plan under the same task order. D. Paragraph 10(d) requires that a public notification signage program be developed and put in place within 90 days from the effective date of the co. Comment . Utilities has the available resources to comply with this requirement within the prescribed time limit. E. Paragraph I O( e) identifies a mutual-aid agreement requirement that must be developed with one or multiple neighboring municipalities, public jurisdictions, or private companies to advance emergency response cooperation and resource sharing. Comments . Utilities has the available resources to comply with this requirement within the prescribed time limit. . In November of this year the commission approved the Fla-One Mutual Aid Agreement, which will serve a portion of this requirement. . Utilities is working on a private agreement, as well, to meet the other portion of the requirement. Finally, Utilities staff is reviewing existing documentation needed to support the In-Kind justification as reflected in Paragraph 12 of the CO. A separate letter that memorializes the understanding of the proposed In-Kind work is attached, under a separate cover. The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Oflice: (561) 742-6400 FAX: (561) 742-6298 Website:www.cbbutiJities.arg December 21, 2005 Mr. Kevin Neal Director Department of Environmental Protection Southeast District 400 N. Congress Avenue, Suite 200 West Palm Beach, Florida 33401 RE: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. CITY OF BOYNTON BEACH, CONSENT ORDER NO. OGC 04-1904 Dear Mr. Neal: Pursuant to your letter dated November 28, 2005, paragraph 12, I wish to memorialize a recent conversation our Utilities Department had with DEP personnel regarding the nature of the In- Kind work, for our mutual understanding. Last year, the City of Boynton Beach Utilities Department provided assistance to the Fort Myers area in support of restoration efforts after Hurricane Charlie. In a November 23, 2005, telephone conversation with DEP, the City's Utilities staff understood that DEP intends to use the Hurricane restoration assistance it provided to the Fort Myers area as the In-Kind work. Please provide any additional information and/or details regarding the In-Kind efforts for further clarification and mutual understanding. ~~~ Kofi Boatang, P.E. - Director of Utilities KB/hs cc: Kurt Bressner, City Manager Linda Horne, Program Administrator Lisa Self, Enforcement Coordinator File RECEIVED I~~l , Cq~ r1!\r'I^('Fn~0 n~ICEI L2~ vJV:/-h:L.J\ ~) L iT r I ----~_."--~-~---~ America's Gateway to the Gulfstream RJf('I\';FD-~ ,.-.1...,,_ _ I r--.----, L~C3 o~ CITY n 11S OFFICE December 29,2005 Ms Linda Horne Program Administrator Department of Environmental Protection Southeast District 400 N. Congress Avenue, Suite 200 West Palm Beach, Florida 33401 --'_.._~,.""'---=_..~---~-- RE: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION VS. CITY OF BOYNTON BEACH, CONENT ORDER NO. OGC 04-1904 Utilities staff has reviewed the requirements of the Department of Environmental Protection (DEP) Consent Order No. OGC 04-1904 as identified in the November 28, 2005, letter addressed to the City Manager. Generally, staff believes additional time will be needed to address the specific requirements stipulated in paragraph 10 of the CO. Please review the following staff comments and consider extending the time requirements, as noted: A. Paragraph 10 (a) of the CO requires an inspection of an entire pipe section, spanning a significant length of pipe on both sides of where the spill occurred, within 60 days of the effective date of the CO. Additionally, depending on the inspection results, the CO requires repair and replacement of any damaged sections to be done within 180 days of the effective date. Comments · Utilities Department will require at least 180 days from the effective date of the CO to meet the inspection requirement, depending on the approach agreed upon by DEP. The pipe section is approximately one (1) mile long and seven (7) feet or eight (8) feet deep, The work involved in the inspection will require support beyond the current in-house resources of the Utilities Department. · Utilities proposes to use one of two approaches, a Radar Tomography Survey (RTS), or a Traditional open-cut. The RTS approach will take about 180 days to complete and cost approximately $100,000. The traditional open cut approach will take longer, perhaps one year, and cost more - this option will incur significant traffic control costs, as well as intangible costs associated with system outages and public inconveniences. · DEP will have to assure Utilities that the inspection results obtained through the use ofRTS will be acceptable prior to its use. · Utilities will require 360 days from the effective date of the CO to execute the repairs and lor replacements of the damaged portions of the pipe. B. Paragraph 10(b) requires the submittal of a written spill response plan to both the DEP and the Palm Beach County (PBC) Health Department, for their respective approvals, within 90 days after the effective date of the CO. Comments . Utilities will require 180 days from the effective date of the CO to complete the required written spill response plan. . The scope and protocols identified for the response plan is quite comprehensive, and Utilities will have to procure, on a priority basis, consultant support to comply with the requirements within a reasonable time. C. Paragraph 1 O( c) requires the submittal of an "Operations and Maintenance Manual for the System" to both the DEP and the Palm Beach County (PBC) Health Department for their respective approvals within 90 days after the effective date of the CO. Comments . Utilities will require 270 days from the effective date of the CO to complete the required Operations and Maintenance Manual, including a preventative maintenance program, as specified by the requirement. . The scope of the work needed to develop the manual will require the involvement of outside consulting support. Utilities plans to incorporate the work associated with this and the spill response plan under the same task order. D. Paragraph 10(d) requires that a public notification signage program be developed and put in place within 90 days from the effective date of the CO. Comment . Utilities has the available resources to comply with this requirement within the prescribed time limit. E. Paragraph 1 O( e) identifies a mutual-aid agreement requirement that must be developed with one or multiple neighboring municipalities, public jurisdictions, or private companies to advance emergency response cooperation and resource sharing. Comments . Utilities has the available resources to comply with this requirement within the prescribed time limit. . In November of this year the commission approved the Fla-Warn Mutual Aid Agreement, which will serve a portion of this requirement. . Utilities is working on a private agreement, as well, to meet the other portion of the requirement. Sincerely, Kofi Boateng, P .E. Director of Utilities Department KB/dp f ,/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.15 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 Heeting Dates in to City Clerk's Office 0 August 2, 2005 July] 8, 2005 (Noon.) 0 October 5. 2005 September 19,2005 (Noon) 0 August] 6, 2005 August], 2005 (Noon) 0 October J 8. 2005 October 3,2005 (Noon) 0 September 6, 2005 August 15, 2005 (Noon) 0 Noyember ].2005 October] 7; 2005 (Noon) 0 September 20, 2005 September 6, 2005 (Noon) October 3], 2005 (Noon) NATURE OF AGENDA ITEM o [2J o o o o Administrative 0 Development Plans Consent Agenda 0 New Business c::> Publjc Hearing 0 Legal ~ -~.; Bids 0 UnfInished Business f'j i::J Announcement 0 Presentation -0 '_ ; --t ~ --: ""~-(" '. - :-; ~-q ~." >,---. '-f_' --i.... =~~~ ,-~r-q co) C) ........ RECOMMENDAT10N: Approval of the Traffic Enforcement Agreement between the City ofBo~toni'1t=:) Beach and the Nautica Home Owners' Association City Manager's Report ." .-)---, c EXPLANAT10N: The agreement facilitates the enforcement of traffic infractions within the Nautica community and on those private roadways located therein, The agreement does not create a specific duty to engage in traffic enforcement activities, PROGRAM lMPACT: This agreement will not adversely effect departmental operations. F1SCAL lMPACT: None. ent Head's Signature hew Immler, Chief of Police J2tzc' ~M ' S 1:- tty anager sIgnature Kurt Bressner Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ fY\.\r..J~ Pt ~~ r <1 N"""" \ "- ~ \ '-v- ~\J~. ~ r1~.:~/o~ Nautica HOA Monthly Board Meeting Tuesday September 20, 2005 7 :30 PM Nautica has a new community website. www.NauticaNews.com. There are many great features and new ideas will be added. Check the site frequently for updates. 1. Jack Lynch calls the meeting to order 2. First order of business - Read the minutes from the August 2005 meeting A. A motion was made to postpone the reading of the minutes as they are posted on the bulletin boards at the clubhouse. Motion seconded, B. Fred Roselman is very sick and the attorneys have agreed that we can temporarily replace Fred until he is well enough to resume his position. 1. Joe Franz has been temporarily appointed to Fred's position. 3. Second order of business - Open Forum Questions From Homeowners Q. A homeowner was very upset because his son parks his car in the clubhouse parking lot and it has been towed three times. A. The clubhouse parking is for guests only. It is not to be used as a permanent parking place. Q. A homeowner is putting a pool in his backyard and wants to move a few trees. A. The trees can be removed but they must be replaced. Q. Is there anything that can be done to make people take better care oftheir homes? A. Notices will be sent out and it will also be addressed in next month's newsletter. Q. People put up their hurricane panels and have left them up all summer. A. The panels must be removed and stored after a storm passes. Q. The property manager should be taking digital pictures of violations. A. The property manager claims it's not his responsibility to take pictures. The HOA board disagrees. Q. Where can satellite dishes be located on the roof ofthe house? A. They can be located anywhere on the roof of the house. 4. Third order of business is the report from Phoenix Management - Jerry Schmitt A. The clubhouse roof and pool furniture has been cleaned. B. The sidewalk on the east side of Nautica Blvd. has been cleaned. Approx, 3000 ft. B. The swails on the streets and the sidewalks are pretty dirty and need to be pressure cleaned. C. There has been extensive planting and tree work done. D. People are careless with putting away garbage cans and cleaning their driveways. E. There are too many cars parked overnight in the clubhouse parking lot. This is not a permanent parking space. Moving vans and/or trailers are allowed for people moving in and out of the community. F. Palm Beach Auto Disposal has been hired. Their phone number is 561-641-9999. If a car is in the lot and it doesn't have a decal or guest pass it will be towed. 5. The Treasurer's Report The report is too long to list here. Homeowners with questions should contact a board member. 6. The Delinquency Report Last month we had 3 homeowners in legal proceedings. This month there are 2 people in legal. They owe $1311. Last month 6 people went to legal. This month 4 more homeowners are going into legal. They owe $1700.09. There are 26 people who owe various fees and/or fines. DO NOT LET THIS HAPPEN TO YOU. PAY YOUR OBLIGATIONS ON TIME! Total homeowner debt is $6,859.27. Many people probably overlooked the July maintenance payment. Last month the total debt was $11,381. Two months ago the debt was $20,416.62. 7. The President's Report A. A tragedy happened in our community. Baby Anthony has passed away from a rare form of cancer. Many people have donated their time and money to help out the family. Weare having a raffle for a 27" TV to help the family offset their medical bills. B. A couple of cars have been broken into recently. Please make sure your cars are locked. Jack met with the new chief of police to help us solve these problems. We are a private community but we need regular police patrols. People are also not paying attention the speed limit and stop signs in the community. The police are allowed to ticket for violations. C. The lady who settled the fines for not picking up after her dog has decided not to pay under the agreement. It is now in the hands ofthe attorneys, D. Homeowners must fill out an ACC application before doing ANY WORK. on the exterior of their home. Before a home is painted is must be approved by the ACe. E. Homeowners please remember to inform the board of your intention to sell your home. This rule has been in effect since September I, 2004. Failure to do so will result in a $100 fine. F. We still have a problem with speeders and people who run the stop signs. SLOW DOWN!!! 8. Fourth order of business - Reports from Committee Chairpersons A. ACC Committee - Many homeowners applied to paint their homes and put up storm shutters. The lady who wants to put in the pool has her city permits but never got ACC approval. Homeowners take note: Have your applications ready when going to the meeting and you will be better prepared to get approval. Painting your house a different color than approved is a violation of ACC rules and regulations. A homeowner can't use their own discretion when painting their home. The colors have to be approved! A motion was made to institute a $100 fine for non-compliant homeowners and force them to repaint their home within 60 days. The motion passed unanimously. B. Social Committee - Five rentals this month for $250. Newsletter ads totaled $84 for a total of $334. Please keep in mind tables and chairs can be rented for $.50 per chair and $3 per table for parties. Animal waste should not be put in the garbage cans inside or near the clubhouse. The committee purchased a new big screen TV. There will be another movie night for children II-IS. Movie turnout has been very good. Barbecue grills are not allowed outside the clubhouse. It is a safety and fire hazard to have grills close to the building. C. Welcoming and Screening Committee - No new welcome meetings this past month. If a new homeowner does not get keys or documents they must talk to Phoenix Management. When a homeowner buys a home they receive a packet of information. Some extra copies of the newsletter are needed for when new homeowners move into the community. New homeowners will receive a special packet of new fines and things the board has approved in the last year. D. Landscaping Committee - Flowers have been planted in the front of the community. Onofre realizes he has to replace some trees. Landpro has been working on the sprinklers. Weare still waiting for the sod to be planted on the Lawrence Road lakes. The timer on the sprinkler system was off but has been fixed. The trees hanging over the sidewalk on Lawrence Road are covering the street signs. They must be trimmed or else the city could issue a citation. E. Covenants Committee - Fourteen homeowners are coming before the committee. There are only four people on the committee and they need two more volunteers. The people on the committee can not have any relation to the people on the HOA board. You are the judge and jury for your fellow homeowners. F. Gate and Safety Committee 1. We are on track to start gate construction very soon. If you haven't already done so, please hand in your access forms. A mailing went out last month and people will be notified when registration will take place. G. Camera and Computer Committee - No meeting this month, There will four cameras at each gate, two for entry and two for exit. Weare planning for having additional cameras in the clubhouse and recreation areas in the future. We have a company that will run the underground lines for the cameras for FREE. The city needs more information about the lights that will be installed. 9. New Items to Be Covered A. We still have lights out all over the community. B. There are lights out at both entrances. C. The drawing for baby Anthony has been going very well. We have collected over $2800 so far. D. Fred is very sick so please send the family your best wishes. E. The HOA board wants to thank Jiffy Print, Brandsmart ofDeerfield Beach, Hudson Realty of the Palm Beaches, and Mr. & Mrs. Lynch for their generosity in helping put the raffle together for the Hruska family. We also want to thank everyone who bought raffle tickets. Your money and efforts are greatly appreciated. THANK YOU! F. The Boynton Beach police will start patrolling the community soon. G. Jack, Charlie and the attorneys had a meeting about the homeowner who didn't pick up after her dogs but the situation can't be discussed until it's resolved. H. No news on the never ending saga ofthe "anti-gate" group. I. Homeowners please remember to fill out paperwork and get approval before doing any work to your home. If you do work without approval you will be fined $100. J. The HOA board had a vote on whether to allow the police to patrol and write tickets in our community. The vote was unanimous (5-0) in favor of allowing the police to patrol in Nautica. K. We have a new treadmill in the gym on loan from the store until ours gets delivered. L. Homeowners CANNOT park in their driveway and block the sidewalk at any time. The sidewalks must always be clear. M. Nautica has a new community website - www.NauticaNews.com. It has many great features and new ideas will be implemented over time. Check the site frequently for updates. N. People should not be withholding their maintenance fees because of some issue they have with the board. They will just incur late charges and/or fines. 10. Problems with Homeowners A. People selling by-owner are selling too cheap. CALL A REALTOR. IT IS WORTH IT. B. People are still painting their houses without ACC approval. C. People are parking in the street overnight. D. People on Bermuda Sound Way have a problem with barking dogs in the community behind them. 11. Motion to adjourn - Seconded OLD BUSINESS FROM PAST MEETINGS - STILL RELEVANT ** PLEASE DO NOT CALL BOARD MEMBERS BEFORE 9:00 AM OR AFfER 9:00 PM. ** A. Not picking up after your dog is one of the biggest problems we have in Nautica. It has gotten out of control and the neighborhood needs to be cleaned up. Help the HOA Board help you! If you see someone not picking up after their animal then REPORT THEM! B. Motorized scooters/mini-bikes are not allowed in Nautica! If you get caught using a motorized scooter/mini-bike you will be issued a notice and if you don't comply then you will be fined! C. Children need to stop playing in the street. It is dangerous. D. Please remember to pick up after your animal. If you do not clean up after your animal you will be fined. F. DO NOT CONTACT THE CITY OF BOYNTON BEACH WITH A PROBLEM. TALK TO THE HOA BOARD FIRST! 1 RESOLUTION R 05-191 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING THE MAYOR 7 AND CITY CLERK TO EXECUTE AN AGREEMENT 8 FOR TRAFFIC ENFORCEMENT BETWEEN THE 9 CITY OF BOYNTON BEACH, FLORIDA AND ]0 NAUTICA HOMEOWNER'S ASSOCIATION, INC.; ]] AND PROVIDING AN EFFECTIVE DATE. ]2 13 WHEREAS, Nautica Homeowner's Association, Inc., (hereinafter referred to as ]4 "Association") owns or controls certain private roads lying and being in the City of Boynton ] 5 Beach, Florida; and 16 WHEREAS, Association does not have the power to enact or enforce traffic laws ] 7 within the Association, nor can it hire others with police power to do so; and ]8 WHEREAS, pursuant to Chapter 316.006(b), Florida Statutes, the Association hereby ] 9 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those 20 certain private roads in said Association. 2] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic 28 Enforcement between the City of Boynton Beach, Florida and Nautica Homeowner's 29 Association, Inc., attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon 2 passage. 3 PASSED AND ADOPTED this _ day of January, 2006. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 ~ayor 10 11 12 V ice ~ayor 13 14 15 Commissioner 16 17 ] 8 Commissioner ]9 20 21 Commissioner 22 ATTEST: 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 30 2 R05 -/q, AGREEMENT Hot/ember THIS AGREEMENT is entered into, this _ day of AHgtl.3t, 2005, by and between: CITY OF BO')lNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach, Florida 33425, hereinafter referred to "CITY," and NAUT1CA HOMEOWNER'S ASSOCIATION, INC., a condominium association uf {he dc',;dopn1ent .knowTi as Nautica ("Development"), having a business address of l8000 Nautica Boulevard Boynton Beach, FL 33436, hereinafter called "ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments ofthe ASSOCIATION, pursuant to S3l6.006(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and agree, each with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit" A," for traffic control purposes. 3.0 The ASSOCIA TION shall provide CITY with a Resolution of the ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's services hereunder and authorizing the ASSOCIATION to enter into this Agreement. 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for Traffic Enforcement - Sandalwood Rev. 08/09/05 traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." 4.I.The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit" A." 4.2.The level of service provided the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs :,<nd Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1. All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit" A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2 In the event ASSOCIATION has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent ofthe City of Boynton Beach Public Works Department. 5.3 ASSOCIATION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIATION shall incur all costs of designing and installing such measures. ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk Manager upon execution of this Agreement. Traffic Enforcemenl-' Sandalwood Rev. 08/09/05 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is dO!lc by Boynton Be~xch Police Department anc.:'!her :tppropriate h!w o'mforcemenl. agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 with a copy to: Chief ofPohce City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIA TIOK John Lynch Attn: President NAUTICA Homeowner's Association, Inc. 8000 Nautica Boulevard Boynton Beach, FL 33436 Telephone No. (561) 912-6213 Facsimile No. (561) 912-6901 Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. Traffic Enforcement - Sandalwood Rev, 08/09/05 11.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Bindin~ Authority. Each person signing this Agreement on behalf of either party individually walTants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIA nON have executed this Agreement by their duly authorized officers, this ___ day of ,2005. CITY OF BOYNTON BEACH BY: --~----~----~--------~-----~-- J~la_TTEs~r: MA\.OR BY: CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY Traffic Enforcemer.I-- Sandalwood Rev, 08/09/05 NAUTICA HOMEOWNER'S ASSOCIATION, INe. BY: ~or. ~ ~ PRESIDENT PRINT NAME: :J ollw l4 L r N C /J STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personallyappearedJd),}../ LY./v'o,b. as President of NAUTICA HOMEOWNER'S ASSOCIATION, INC., on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned in it, and who is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have ~t the State and County aforesaid on this Jt day of 0 c. J . and official seal at in TARY PUBLIC Y Commission Expires: ~ ~ Jerome H. Schmitt !-~ . My Commission 00291357 '\ ~ / Exnir8$ March 07 2008 ..'" ".. Traffic Enforcement - Sandalwood Rev. 08109/05 Traffic Enforcement - Sandalwood Rev. 08/09/05 EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT '\ ". '-. ,", '\' n \.\ r V ~... (. \J \ '<-' \ :' ' ~,-" ,. ,,\) "...- \,,:., '\.~).. c;J~ ydhg /Iu:... );2 -;;0- ~ ~ 1" " rr !III. i5/'eJf/ZU"r P-ep (( f2f/uz "m / ;;(,/,/u- Wh~J C- ILlfluTICI4 liol4 L(btJ!-o tC((CCJ poflc~ . p~'fro 15 MfC)7h bu'f lite &') 111/11 ~ l' / fy C;J(/?1.e w {J ~t1-?'~ (J{.J~~r - ;tIe /{ ( &eh._~(lYe)-/AJt Nautiot BOA MoftfltlyBoard Meeting Tuesday ~ptember 20, 20057:36 PM' Nautica bas a new community website. www.NauticaNews.com. There are many great features and new ideas will be added. Check the site frequently for updates. 1. Jack Lyncb cans the meeting to order 2. First order of business - Read the minutes from the August 2005 meeting A. A motion was made to postpone the reading of the minutes as they are posted on the bulletin boards atthe clubhouse_Motionseconded. B. Fred Roselman is very sick and the attorneys have agreed that we can temporarily replace Fred until he is wel1eoough to resume his position. 1. Joe Franz has been temporarily appointed to Fred's position. 3. Second order of business - Open Forum'QuestionsFromHomeowners Q. A homeowner was very upset because his son parks his car in the clubhouse parking lot and it has been towedtbree times. A. The clubhouse parking is for guests only. It is not to be used as a permanent parking place. Q. A homeowner is putting a pool in his backyard and wants to move a few trees, A. The trees can be removed but they must be replaced. Q. Is there anything that can be done to make people take better care of their homes? A. Notices will be sent out and it win also be addressed in next month's newsletter. Q. people put up their hurricane panels and have left them up all summer. A. The panels must be removed and -stored after a storm pa..~es. Q. The property man~ger should be taking digital pictures of violations. A. The property manager claims it's not his responsibility to take pictures. The HOA board disagrees. Q. Where can satellite dishes be located on the roof of the house? A. They can be located anywhere on the roof of the house. 4. Third order of business is the r~port from Phoenix Management - Jerry Schmitt A. The clubhouse roof and pool furniture has been cleaned. B. The sidewalk on the east side ofNautica Blvd. has been cleaned. Approx. 3000 ft. B. The swails an the streets and the sidewalks are pretty dirty and need ta be pressure cleaned. C. There has been ,extensive planting and tree work .done. D. People are careless with putting away garbage cans and cleaning their driveways. E. There are too many cars parked overnight in the clubhause parking lat. This is nat a permanent parking space. Moving vansand!o[ trailers are allowed far people maving in and out .of the cammunity. R Palm Bea.cb. Auto D.isposalllas been ,hired~ Their phone number is 561-641-9999~ If a car is in the lot and it doesn'tha"ea decal or guest.pass it will be towed. 5. The Treasurer's Report The report is too long to list here. Homeowners with questions should contact a board member, 6. The Delinquency Report Last month we had 3 homeowners in legal proceedings. This manth there are 2 people in legal. They O'we $1311. Last month 6 people went to' legal. This mO'nth 4 mO're homeowners are going intO' legal. They owe $1700.09. There,are 26 people who awe various fees and/or fines.. DO NOT LET TillS HAPPEN TO YOU. PAY YOUR OBLIGATIONS ON TIME! Total homeowner debt is $6,859.27. Many people probably overlooked the July maintenance payment. Last month the total debt was $11,381. Two. months.ag.Q the debt was $20,416.62. 7. The President's Report A. A tragedy happened in Qur community. Baby AnthDny has passed away frDm a rare form Dfcancer. Many peDple have dDnated their time and mDney to. help Dut the family. We are having a raffle fDr a 27' TV to help the family offset their medical bills. B. A cDuple Df cars have been broken into. recently. Please make sure YDur cars are IDcked. Jack met with the new chief DfpDlice to. help us sDlve these problems, We are a private cDmmunity but we need regular pDlice patro.ls. PeDple are also. no.t paying attentiDn the speed limit and StDp signs in the co.mmunity. The Po.lice are allo.wed to. ticket fDr viDlatiDns. C. The Jady who. settled the fines for nDt picking up after her dDg has decided nDt to. pay under the agreement. It is nDW in the hands o.f the attorneys. D. HDmeDwners must fill Dut an ACC applicatiDn befDre dDing ANY WORK Dn the exteriDr Df their hDme. BefDre a ho.me is painted is must be approved by the ACe. E. HDmeowners please remember to. infDrm the board of your intention to. sell your ho.me. This rule has been in effect since September 1, 2004. Failure to. do. so. will result in a $100 fine. F. We still have a problem with speeders and people who. runthe sto.Psigns. SLOW DOWN!!! 8. Fourth order of business - Reports from Committee Chairpersons A. ACe C-ommitt-ee - Many homeowners applied to. paint their homes and put up "Stonn shutters. The lady who wants to. put in the pool has her city permits but never got ACC approval. Homeowners take note: Have your applications r-eady when going to the meeting and you will be better prepared to. get approval. Painting your house a different color than approved is a violation of ACC rules and regulations:. A oomeowner can't use their own discretIDn when painting their home. The colon 'bave t-obe approved! A motion was made to institute a $100 fine for non-cDmplianthomeowners and force them to repaint their home within 60 days. The motion passed unanimously. B. Social Commi.ttee- Five rentaIs this month for $250 . Newsletter ads totaled $84 f.ora t.otal of $334. Please keep in mind tables and chairs can be rented fDr $.50 per chair and $3 per table fDr parties. Animal waste should not be put in the garbage cans inside Of' near the clubhouse. The committee purchased a newhig screen TV. There wiUbe another moVie night tor Children 11-15. Movie turnout has been very g-ood. Barbecue grills are no.t .allowed outside the clubhouse. It is a safety and ni..e hazard to have griUs: .close to the building. C. Welcoming and Screening Committee - No. new welcome meetings this past month. If a new homeowner does not get keys or documents they must talk to Phoenix Management. When a hDmeowner buys a home they receive a packet of information. Some extra copies ofthe newsletter are needed for when new homeowners move into. the community_ New homeowners wm receive a special ' packet rifnewfines. and things the board bas, approved in the la..~ year, D. Landscaping Committee - FlDwers have been planted in the front of the cDmmunity. OnDfre reaJizes he has to. repJace some, trees. Landpro. has been worki,ng on the sprinkJers. Weare stin waiting fDr the sodtD 'be planted Dn the LawrenceRDad lakes. The timer cn the sprinkler system was Dffbut has been fixed. The trees hanging over the sidewalk on Lawrence Road are covering the street signs. They must be trimmed or else the city could issue a citation. E. Covenants Co.mmittee - Fourteen hDmeowners are coming before the committee. There are only tour people on the. committee, and they need two. more volunteers. The people on the committee can not have any relation to the people Dn the BOA board. You are the judge and jury 'for your fellDw homecwners. F. Gate and Safety Committee 1. We are on track to start gate construction very soon. If you haven't already do.ne so, please hand in your access fo.rms. A mailing went out last month and people will he notified when registration will takepface. C7- C.amen~ c~ C~- Nt1, ~ tmv..~ 'fhete w.~! ft"WJ.~at eacll T~+~ t' .c~''',' ",_..:1 ~', ,.c." ,;;.. Vrl-, _ ,~" _ . ~T .c" . ~-~ '. . dx..;.-----,~l .,...,.,. ,... 4.l..- -L.1,..h. ~ f9'llce, W{} JiJren.l.I}' .it:ilu ~,~n u1f t:X:u. ..' e .ar-e f..amung Jor U.it.vtng m:lUU.llUm.J. ~ameras Ull.U~ \;UJJJ ou~e and recreation areas in the future, We have a company that wiH fUn tlle underground lines for the cameras TarPlrnE. The city needs tnOreinf'ormatlon about the fights. that will 'be instaTIed. 9~~~mJkC~ A. We still ha","e li-~hts ootaU O"V"ef the- communitY. ~ ~ B. There are llghtsoui at both entra.'1Ce5. C.Thea'ra'.ving ror baby Antnony nas been going very well. W:e nave COllected over $lSOO so far. D. Fred is very sick so please send the family your best wishes. E, Thr: HOA.m.~d: ~~:tlm dj~w.,f[,e;-'f Pmr.t" ~..m of~dd. ~tl.c, Hud~ -amity .of the Palm Beaches." ,and Mr. & MfS. Lynch for theirgenerosily in hetpi-ag put the raffle together for the Hruska family. We also want to' thank everyone who bought .faille tickets, Your money and effO'rts are greatly appreciated. THANK YOU! F, The Boynton Beach police will start patrolling the community soon. G. Jack,Cbarlie and the anome-,~ had a meeting about the lIDmrownef wlID didn't pick up after ber dog-I) but the situation can 't be discll.',sed until it's .resolved- H. No news on the never ending saga of the "anti-gate" group. I. Homeowners please remember to fill out paperwork and get approval before doing any work to your home. 'If you ;do work wi~ut ;approval you will he fined .$100_ ~ J. The HOA board had a vote on whether to allow the police to patrol and write tickets in our _/ community. The vote was.unanimous (5-0) in favor of allowing the police to patrol in Nautica. < K. We have a new treadmill m the gym on loan from the store untIl ours getsdellVered. L. Homeowners CAN~OT park in their driveway and hloclc the sidewalk at any time. The sidewalks must always De dear. M. Nautica has a new community website - www.NauticaNews.com. It has many great features and new ideas will be implemented over time. Check the site frequentIyfor updates. N. People should not be withholding their ii"r&nremmce tees because ofSftme issue they ba~-e with the board. They wiU just incur late .charges and/or fines. 10. Problems with Homeowners A. _People setting by-owner are selling too cheap. CALL A REALTOR. 1T 15 WORTH 1T. B. People are still painting their P.tOUSeS without ACC approval C. People are parking in the street overnight. D. People on Bermuda Sound Way have a problem with barking dogs in the -eommunity behind them. 11. Motion to adjourn -Seconded OLD BUSINESS FROM PAST MEETINGS - STILL RELEVANT <k:lt PLEASE DO NOT CALL BOARD MEMBERS BEFORE 9:00 AM OR AFTER9:tlO PM. U A Not picking up after your dog is one of the biggest problems we have in Nautica. It has gotten out ofrontrol and the neighborhood needs to be cleaned up. Help the HOA Board help y-ou! If you see someone.not picking up after their animal then REPORT THEMl R Motorizedscooters/mini-bikes are not allowed in Nautical If you get caught using a motorized scooter/mini-bike you will be issued a notice and if you don't comply then you will be fined! C. Children need to stop playing in the street. It is dangerous. D. Please remember to pick up after your animaL If you do not clean up after your animal you will be fined. F. DO NOT CONTACT THE CITY OF BOYNTON BEACH WITH A PROBLEM. TALK TO THE HOA BOARD FIRSTt ~!r!;~i~ I;i~ ,,,, ~ .' I I I z" ,.,,, '" 01' , . 'I' z~,;:,~it o '-" ... '" '" '" PlOT T,...[ Q,l61, (..0 ,.......r (\T'~\SO&R."& -U[DEflP"-)el ~ ? f ~ I ~{~. MATCH ; ~ 'i ; ~ ~ S ~ ~ ~ ~-r------ I ---,.~ -------------:. _. LA WRENC[ RD !~~~ ~ ~fT1_z~'c:; _0 r , 0 ~~~~ b;<:; c , ' N ~ Z ~ ( II IJ ~~ ". 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I~ I -.--_<: c.: ~ [~J oj I j CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.16 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 0 December 6. 2005 November 14,2005 (Noon,) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2 I, 2006 February 6,2006 (Noon) k8J January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 2 I, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing k8J Legal 0 Bids k8J UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under UnfInished Business, to also include a resolution allowing the Commission to consider a 2nd, 90-day time extension to NOI #2005-0 1. Staff will smnmarize the conclusions of the study, and present its positions on or interpretations of the recommendations. EXPLANATION: The City Commission approved N0I2005-01 on April 19,2005. This action included the approval of the corresponding resolution (Resolution No. 05-060) and a 6-month time period for a consultant to study the M- I zoning district as described in the NOI, and for proposed regulations to be considered to address [mdings from the study. A [mal report has been provided by the consultant, Michele Mellgren and Associates, and is forwarded herewith. The NOI was in effect for 6 months, was extended for 3 months on October 16,2005, and will therefore expire on January 16,2006 unless extended again. The report includes recommendations that address the preservation of industrial lands, alternative zoning options for industrial uses, currently demanded industrial land uses, compatibility with roadway corridors and adjacent neighborhood, and non-conforming site characteristics. Staff recommends that the Commission consider the [mal report and direct staff to initiate implementation as indicated in the report or implement with changes as preferred by the City Commission. If approved by the Commission, including preferred changes, the report and implementation measures (zoning code amendments) would be presented to the Planning & Development Board and Community Redevelopment Board prior to returning to the Commission for adoption, PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A Not approve zoning study thereby prevent" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC I 2 RESOLUTION NO. R06- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, AUTHORIZING A SECOND 6 NINETY DAY EXTENSION OF THE "NOTICE OF 7 INTENT" APPROVED BY RESOLUTION NO. 05-060; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission approved a Notice of Intent (NOI #2005- I) by II Resolution R05-060 on April 19, 2005; and 12 WHEREAS, On October 19, 2005, the City Commission also approved an extension of 13 the Notice of Intent for three months which will expire on January 16, 2006; and 14 WHEREAS, the Notice of Intent was to be in effect from the date of adoption and 15 thereafter for a maximum period of six (6) months, unless otherwise extended by the City 16 Commission by subsequent Resolution following public hearing; and 17 WHEREAS, staff has recommended the ninety (90) day extension to April 16, 2006 to 18 allow additional time for the review of consultant recommendations, the consideration of related 19 data being assembled as part of a county-wide effort and for the completion of regulations or 20 other recommendations. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 extend the Notice of Intent #2005-1, originally approved by Resolution No. R05-060 for a S:\CA \RESO\Notice of Intent\Notice of Intent .2nd Ext. M I zoning district.doc second extension of ninety (90) days to expire on January 16,2006. Section 3. That this Resolution shall become effective immediately upon passage. 2 3 PASSED AND ADOPTED this _ day of January, 2006. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\RESO\Notice of Intent\Notice of Intent -2nd Ext. Ml zoning district.doc ANALYSIS OF THE M-1 ZONING DISTRICT FOR THE CITY OF BOYNTON BEACH PREPARED BY: MICHELE MELLGREN & ASSOCIATES, INC. 6555 NOVA DRIVE SUITE 305 FORT LAUDERDALE, FL 33317 954.475.3070 www.mmaplanning.com BRIEF SUMMARY OF FINDINGS An analysis of the industrial M-1 district in the City of Boynton Beach was undertaken to determine the impact of industrial uses on adjacent uses, and to determine the effectiveness of district regulations. Six distinct areas were examined, which included all property zoned M-1 within the City. The results of the analysis showed that five broad areas should be addressed by the City of Boynton Beach. The detailed discussion of the issues and specific recommendations to address them are contained in Section V of this study. A summary of these conclusions and recommendations are as follows: 1. The amount of industrially zoned land is a small percentage of all land within the City, and industrial uses are diminishing. As a result, the City should take steps to preserve existing industrial land and, where possible, expand certain industrial types of uses utilizing a newly created commerce park zoning district. 2. Review of the six M-1 districts showed numerous instances of incompatibility between the edge of the M-1 district and the adjacent property. The land development code should be strengthened to address compatibility with residential uses, arterial roadways, setbacks, buffering and screening, and traffic. 3. All six study areas did not adequately address visual impacts. The land development code should be strengthened to further address signage, architecture and color. 4. The City should consider policies to address amortization of non-conformities and, as appropriate, the land development regulations updated to reflect such policies. 11 CONTENTS BRIEF SUMMARY OF FINDINGS. ............. ..... ............ ....... .... ............................ ......... ii LIST OF FIGURES ............ .............................................. ....................... .................... iv SECTION I INTRODUCTION ............................................. ......................................... 1 Pu rpose of Study................................................................................................1 Overview of M-1 District Locations..................................................................... 1 SECTION II ANALYSIS OF M-1 DISTRICT REGULATIONS...................................... 5 SECTION III REVIEW OF EXISTING CONDITIONS ................................................ 11 Area I.............................................................................................................. 12 Area II............................................................................................................. 14 Area III............................................................................................................ 17 Area IV ........................................................................................................... 19 Area V ............................................................................................................ 21 Area VI ........................................................................................................... 23 SECTION IV ANALYSIS OF EXISTING CONDITIONS............................................. 26 SECTION V CONCLUSIONS AND RECOMMENDATIONS .....................................30 111 LIST OF FIGURES 1.1. Location of M-1 Zoning Districts ..............................................................3 4.1. Compatibility and Visual Impact Summary.............................................27 IV SECTION I INTRODUCTION Purpose of Study On April 19, 2005, the Boynton Beach City Commission issued a notice of intent in accordance with the "zoning in progress" provisions of its Land Development Regulations, to prepare for an analysis of the effects of the M-1, Industrial zoning district. The planning, zoning and land use consulting firm of Michele Mellgren & Associates, Inc. was retained by the City to complete the study. Specifically, the purpose of the analysis is to evaluate the locations of land that currently have M-1 zoning and identify any land use incompatibilities involving adjacent rights of way or adjacent zoning districts; determine if the specific M-1 zoning district should be modified in size; and, as applicable, recommend amendments to the adopted Future Land Use Map, Official Zoning Map and the Land Development Regulations. Overview of M-1 District Locations The City of Boynton Beach can be considered to have a north-south orientation, and is segmented by three significant roadways; Federal Highway on the east, Interstate 95 in approximately the middle, and Congress Avenue on the western side of the City. The Florida East Coast (FEC) Railroad is proximate to 1 Federal Highway, and the CSX Railroad parallels the west side of 1-95, curving west toward North Congress Avenue as it approaches the southern boundary of the City. The City contains six distinct areas that have M-1 zoning and, consistent with general historical development patterns of land use, these six areas are proximate to the railroads. These areas, which will each be examined individually, are shown in Exhibit 1.1 that is contained on the following page. Area I is located contiguous to the west side of the FEC Railroad and extends from just north of Boynton Beach Boulevard for approximately 2,000 feet north toward Martin Luther King, Jr. Boulevard. Area II is south of Area I, and is contiguous to the west side of the FEC Railroad, extending from Woolbright Road north to one-half block north of SE 6th Avenue. Areas III, IV, V, and VI are all contiguous to the west side of the CSX Railroad, which is immediately west of 1-95. Area III, which is in the northern part of the City, lies between the railroad and High Ridge Road that is to the west, extending roughly 1,500 feet south from Miner Road, which lies on the north edge of Area III. Area IV, centrally located in the City, lies between the railroad and Industrial Avenue on the west, extending southward from the C-16 Canal to Boynton Beach Boulevard. Area V is located immediately south of Area IV, south of Boynton Beach Boulevard between 1-95 on the east and the CSX Railroad on the west. Area VI is located on the southern edge of the City, and extends from the L-28 Canal on the north to the L-30 Canal on the South, west of the CSX Railroad and contiguous to Congress Avenue, which is a southern gateway to the City. 2 M1 Industrial Zoning District .',..., "'. . ;t j GATEWAY BLVD g v II N ..' s o 9501,900 3,800 5,700 7,600 _ _ Feel Scope and Orqanization of Study This study is organized into five sections. Following this introduction is Section II, which provides an analysis of the M-1 zoning district regulations, including permitted uses and development standards. The third section provides a detailed review of existing conditions in each of the study areas. This includes identifying uses, setbacks, buffering and traffic generation, as well as a review of the aesthetics, which include signage and landscaping as well as building appearance and orientation. Section IV of this study then analyzes the existing conditions described in the preceding section to determine compatibility with surrounding uses and the aesthetics of the M-1 development. The final section of this analysis, Section V, presents conclusions resulting from the study and recommendations to address the issues that are identified. 4 SECTION II ANALYSIS OF M-1 DISTRICT REGULATIONS This section provides a general review of the land development regulations as they apply to the M-1 zoning district. 1 Specifically, this section reviews regulations relating to permitted uses in the M-1 district; development dimensional requirements; landscaping and buffering requirements; sign regulations; and, the regulations relating to non-conformities and the provisions to bring non-conformities into compliance with existing regulations. Permitted Uses - Overall, the uses permitted in the M-1 district are generally those that are considered within the planning profession to be light industrial uses as opposed to heavy industrial uses; heavy industrial uses being those that include, among others, uses that involve the production of primary chemical or products, or those that generally create noise, odor, vibration, dust or glare. The major exceptions noted within the code include boat repair, which can result in dust and noise, particularly if fiberglass sanding occurs; heavy manufacturing, which can create any number of nuisances depending on the nature of the manufacturing operation; textile industries, because chemical and dyes may be involved which could result in malodorous conditions; and, vehicle repair, which, like boat repair may result in both dust and noise. 1 This review is general rather than detailed in nature, and is only for the purpose of assessing the effectiveness of standards in ensuring physical and aesthetic compatibility. 5 Because heavy industrial uses, with the few exceptions noted above, are not generally permitted in the M-1 district, most all of the uses may be considered to be compatible with adjacent commercial zoning districts and uses. In addition, many of the uses may be able to coexist with residential uses, but only if substantial regulations are in place to address compatibility and aesthetic issues. Both compatibility and aesthetics are explored more fully in Section III of this study, but generally, compatibility addresses not only the use, but also setbacks, buffering, and traffic generation created by the use, while visual impact of a use considers design elements such as signage, landscaping, building appearance and orientation. In addition, the M-1 uses were compared with those uses allowed in the C-4 district, which is the heavy commercial district of the City of Boynton Beach. Note that the commercial zoning districts of the City are cumulative, meaning that the most intense commercial district, C-4, allows all of the other commercial uses allowed in the less intense commercial districts. Unlike some other zoning codes that have cumulative zoning, however, the Boynton Beach code does not automatically allow the uses contained in the heavy commercial C-4 district in the M-1 Industrial district.2 Note that a complete list of uses allowed in the C-4 and the M-1 district is included in the Appendix of this report. 2 Commercial uses are typically those that provide retail sales of commodities or supply services. Industrial uses, however, include manufacturing, assembly, dismantling, vehicular repair and waste treatment, and may feature storage in connection with the use. 6 The purpose of the comparison was to determine to what extent there is overlap in uses between the C-4 and the M-1, thereby indicating whether there is a true distinction between the commercial and industrial districts, in addition to determining if there is flexibility in the uses permitted in the M-1 district. The comparison showed that there is practically no overlap between the C-4 and the M-1 district in terms of permitted uses. It is noted, however, that a few of the uses permitted only in the M-1 district are uses that are typically found in commercial zoning districts rather than in industrial districts. These include, for example, dance instruction, which is a conditional use in the M-1 district, and gymnastic centers, as well as home furnishing sales, home improvement stores and interior decorator shops. Additionally, it is noted that the code does not address or appear to provide for "flex space", which is a commercial-industrial hybrid of development for which there is extensive demand. Development Dimensional Requirements - The M-1 district dimensional requirements are as follows: MINIMUM LOT AREA 10,000 SQUARE FEET MINIMUM LOT FRONTAGE NONE MINIMUM FRONT YARD 15 FEET* MINIMUM SIDE YARD, INTERIOR 15 FEET ONE SIDE MINIMUM SIDE YARD, CORNER 15 FEET STREET SIDE MINIMUM REAR YARD 20 FEET** MAXIMUM LOT COVERAGE 60 PERCENT MAXIMUM HEIGHT 45 FEET, NOT TO EXCEED 4 STORIES 7 *Except where rear of the lot abuts a paved alley or street, then no side setback shall be required. [It appears that the (*) is misplaced, and relates to required side yards, rather than front yards.] **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten (10) feet. Note: Where lots abut a residential area, the corresponding side and/or rear setback shall be a minimum of thirty (30) feet. When M-1 uses are established adjacent to residential uses, the dimensional requirements of the M-1 district are not sufficient to allow for adequate aesthetic improvements while providing for any meaningful or substantial development. Among the most glaring deficiencies are those requirements relating to minimum lot size, distance separation to residential, screening, and maximum lot coverage. The minimum lot size of 10,000 square feet cannot adequately support a structure of any substantial size, along with required parking, and still provide for adequate open space and buffering. In addition, the distance separation to residential is insufficient. While the code addresses side and rear setbacks when adjacent to residential, it does not address front setbacks adjacent to residential. In addition to these deficiencies, the code does not adequately address screening or outdoor storage and display. The code does provide that outdoor storage shall be "adequately screened", but neither defines the term nor provides specific screening provisions. Another deficiency relates to maximum lot coverage. A maximum lot coverage as defined in the code is coverage of the plot with roofed structures; 8 exclusive of paved parking lots. The code does not appear to address maximum pervious areas (green space), which would contribute toward the positive aesthetic appearance of site development. It is also noted that a maximum height of 45 feet, not to exceed 4 stories, is not particularly logical when considering the visual impacts of height --- only the exterior height and not the interior number of stories affects the visual impact --- and may be considered tall for structures that would house the uses typically allowed in the M-1 district. Landscapinq and Bufferinq - Article II of Chapter 7.5 of the code contains extensive landscaping and buffering provisions. A review of these regulations indicates that the landscaping and buffering requirements for new industrial development, including site signage, are probably adequate to enhance the visual appearance of the site in general. SiQn Requlations - A cursory review of the sign code indicates that there are provisions in place to address the placement, height and size of signs in the industrial districts, as well as the actual type of sign permitted. In addition, Chapter 9 of the code, which is the Community Design Plan, contains provisions that address signage. Note, however, that an analysis of the consistency between these regulations and the sign regulations contained in Chapter 21 was beyond the scope of this analysis and therefore, was not undertaken. Non-conformities - Non-conformities are addressed in several places in the code. Section 11.1 of Chapter 2 of the code addresses non-conforming lots, parcels and structures. These regulations require non-conforming structures (which would typically include the development features associated with it such as setbacks, landscaping and signage) to come into compliance with the code 9 upon renovation or restoration of 70 percent or more of the assessed value of the structure. Chapter 21 of the sign code addresses non-conforming signs. These regulations require non-conforming signs to have come into compliance with the provisions of the sign code (but not the regulations contained in the Community Design Plan) by December 31, 1999. Non-conforming signs, however, are those that are not consistent with current regulations regarding size or setback. Signs that violate current regulations concerning sign type, such as pylon signs, are not considered non-conforming under the current sign regulations. Finally, the Community Design Plan contained in Chapter 9 requires conformance with the regulations contained in that chapter upon reconstruction or alteration of 50 percent of the value of the building on the site, which conflicts with the 70 percent contained in Chapter 2. Also, note that Chapter 9 speaks only to the non-conformities of buildings and subsequent compliance, and does not address bringing non-conforming signage or landscaping into compliance even though it has provisions to address those development features. 10 SECTION III REVIEW OF EXISTING CONDITIONS A particular land use can be analyzed from two perspectives to determine its appropriateness in a given location. These are compatibility with the surrounding area, and the design characteristics. Compatibility analysis, in effect, assesses the physical impacts of a particular use on surrounding properties. In effect, it is the evaluation of the appropriateness of permitted uses within a zoning district. An analysis of the design characteristics, however, evaluates the visual impact of a particular use, which can be considered an evaluation of the effectiveness of development standards. Evaluation of compatibility includes an examination of the effects of a particular physical use, the setbacks, which is the distance betweens structures and the property line; buffering, which includes landscaping or other screening suchs as fences, walls and hedges and may be located in the setbacks or directly around the use to be screened (such as an outdoor storage or display yard); and, traffic generation created by the use. Examination of the visual impact of a use considers design elements such as signage and landscaping, as well as building appearance and orientation. Each of the six M-1 areas will be reviewed for both compatibility and visual impact. The results will be analyzed in Section IV. 11 Area I Area I is located north of Boynton Beach Boulevard, immediately west of the FEC Railroad, which is proximate to Federal Highway and within the Heart of Boynton Redevelopment Plan. This area of M-1 zoning lies primarily west of the railroad tracks and is contiguous to North Railroad Avenue on the east, extending halfway, or mid-block, west toward NE 3rd Street. While this area of M-1 contains a total of an estimated 12.5 acres, it has only approximately 200 feet of depth along its entire length, which potentially limits the capacity of parcels to meet the current requirements of both the zoning district and related development standards. Given the general appearance of the area, lot size, location of buildings within individual parcels, landscaping, and other development features, it appears that the uses and structures in this M-1 area predate current code regulations. This area of M-1 zoning is surrounded by properties zoned C-2, Neighborhood Commercial to the north and C-3, Community Commercial to the south. To the east and west, which is the length of the M-1 zoning in this study area, is land zoned C-4, General Commercial. Uses in the abutting C-4 area include a thrift shop and tow truck business. Compatibility Uses - Any number of uses are allowed in the M-1 zoning district, as discussed in Section II. Current uses in this area, however, include window repair, shutter companies, and auto repair shops. 12 Setbacks and Bufferinq - Both setbacks and buffering are minimal to non- existent in Area I. Traffic Generation - Due to road construction in the area, access and traffic were limited at the time of the analysis of this study area. The traffic that was observed appeared to be generated by company employees, with some exceptions such as traffic to and from the auto repair facilities that seemed to be generated by customers or by "test drives" to assess vehicle problems. Visual Impact Siqnaqe - There was no consistency in signage size, lettering style, or sign type from property to property. Landscapinq -The landscaping in the area is not consistent from property to property, and appears to be below current code requirements. Additionally, because of the small parcel size and quantity of paved parking generally provided, there is little pervious area available for landscaping. Buildinq Appearance and Orientation - Buildings are generally free standing and oriented toward their street frontage. Surface parking typically surrounds each building. At least one building is new or recently remodeled, but there is a lack of any consistency of building appearance in this district. 13 Area II Area /I is located south of Area I, also immediately west of the FEC Railroad and North of Woolbright Avenue. This area of M-1 is bound by SE 1st Street along the entire western side, and extends approximately one-half block north of SE 6th Avenue on the north end. Area II contains an estimated 17.1 acres of land in the form of an inverted triangle. As a result, many of the parcels, particularly toward the southern end of the area as it approaches the tip of the triangle, are very shallow. As with parcels within Area I, these shallow parcels have a potentially limited ability to meet requirements of both the zoning district and related development standards, such as setbacks and landscaping.. Given the general appearance of the area, lot size, location of buildings within individual parcels, landscaping, and other development features, it appears that the uses and structures in this M-1 area --- as with Area I --- predate current code regulations. This area of M-1 zoning is surrounded on the north and west by properties zoned R-1A, which allows single family detached residential development at a density not to exceed 5.8 dwelling units per acre. On the east side across the FEC Railroad tracks, land across from the very northern portion of the M-1 district --- roughly the northern 200 feet --- is zoned REC, Recreation, and is the location of the City's Pence Park. Immediately south of that, land on the east side of the M-1 district in this area is zoned R-2, which allows residential single family detached and duplex development at a density not to exceed 9.6 units per acre. This R-2 zoning district extends approximately 600 feet along the east side of the 14 M-1 zoning. South of that, the balance of the east side of the M-1 zoning in this area is contiguous to land that has C-3, Community Commercial zoning. Compatibility Uses - The uses within the M 1 district in Area II are more industrial in nature, compared to Area 1. Such uses include, for example, car repair, and body shop facilities; building trade companies such as electricians and plumbers, including building space and parking for Rotor Rooter and other similar businesses; and, metal fence shops. Setbacks and Bufferinq - The area suffers from a lack of adequate setbacks and buffering. Traffic Generation - Traffic in this area appears to be generated by service trucks and private vehicles owned by company employees, as well as by customers of the car repair and body shop facilities. Vehicular traffic related to the M1 uses travels through the residential area to reach the industrial businesses. Visual Impact Siqnaqe - There was no consistency or uniformity in signage size, lettering style, or sign type. Landscapinq - Similar to Area I, this study area lacks sufficient landscaping to create a positive visual impact. 15 Buildinq Appearance and Orientation - Buildings in this district are low- rise, lacking uniformity in style, signage, and general appearance. Garage doors and chain link fences front the street creating visual blight, with residential uses directly across the roadway. 16 Area III Area III is located west of 1-95 in the northern part of the City and contains an estimated 55.7 acres. This M1 district is situated in the north section of Quantum Park in the vicinity of Miner Road and High Ridge Road. It is bordered on the north and south by PID, Planned Industrial District zoning. On the east is 1-95 and to the west is unincorporated land that has RS, residential single family zoning. Compatibility Uses - Within Quantum Park, several residential developments have been built, or are under construction. New flex space buildings are located adjacent to new townhomes, but the buildings are not completely occupied and, therefore, not functioning at full capacity. Other uses in this area are found in warehouse and flex space, in addition to a large facility for Waste Management, Inc. Setbacks and Bufferinq - One of these townhouse developments is located to the south of the M-1 district, separated by a wall. Traffic Generation - Buildings in this area are larger, but most traffic in this district appears to be generated by employees, as opposed to customers. Visual Impact Siqnaqe - In general, buildings appear newer than in other M-1 districts, although there is a lack of consistent signage in terms of style, size and lettering type. 17 Landscapinq - In general, this area lacks sufficient landscaping to create a positive visual impact. Limited amounts of new vegetation have been added to the flex space building adjacent to a residential development, but the plantings do not appear to be in scale with the building size and mass. Buildinq Appearance and Orientation - Buildings in Area III are larger, free-standing low rise buildings, with surface parking located in both the front and to the sides of the buildings. Structures have greater setbacks, but building facades facing High Ridge Road lack architectural relief or variation. The result is aesthetically unappealing; large blank, flat walls fronting the right of way. 18 Area IV This study area is located approximately one mile south of Area III, immediately west of 1-95, and contains an estimated 66.3 acres of land. This district is bound on the north by the C-16 Canal, and Quantum Park zoned PID, Planned Industrial District. To the east is 1-95, and to the south is Boynton Beach Boulevard; an arterial roadway that varies from four to six divided lanes. The west side of Area IV is bound by Industrial Avenue, a two-lane local roadway, and beyond that is land zoned R-1 A, which allows single family detached residential development at a maximum density of 5.8 dwelling units per acre. Compatibility Uses - This M-1 district has larger buildings and facilities than other M-1 districts, including a large self storage facility. Many of the buildings are divided into smaller repair facilities and businesses. Typical uses in this study area include marine repair, a lumber yard, towing yards (including big rigs), paver supply yard, a large construction tools dealer, and several auto repair shops. Setbacks and Bufferinq - Residential uses are separated from the M 1 district by backyard fences in various states of repair. In the vicinity of the auto repair shops, many vehicles park on the grass median adjacent to these fences. Traffic Generation - Traffic observed in this industrial area is heavier than the other study areas. Additionally, vehicular traffic included vans and larger trucks, including semi-trailers. 19 Visual Impact Siqnaqe - Signage is inconsistent through the district. Flex space units have business names listed on a directory sign, the Vermeer company has a monument sign, and other businesses have signs located on the building itself. Landscapinq - Limited natural vegetation exists in this district along the backyard fences of the adjacent residential district. However, standardized landscaping is not present. Buildinq Appearance and Orientation - Buildings vary in terms of size, color, and appearance and with one exception, generally lack landscaping and buffering. 20 Area V Area V is located immediately south of Boynton Beach Boulevard, south of Area IV. This study area contains an estimated 31 acres of land. While it has more than double the land area of Area I, it is similar to it in that parcels are shallow, containing only an estimated 200 feet of depth, which appears to be a result, at least in part, of the expansion and double-tracking of the rail lines. Compatibility Uses - Area V contains only two businesses, one of which is a fence company. The remainder of the district is vacant land running along the length of the railroad tracks. Setbacks and Bufferinq - This area is separated from the surrounding uses by the CSX Railroad tracks. Buildings are located east of the railroad, contiguous to 1-95. Traffic Generation - The only access to Area V is through the residential community of Boynton Lakes Estates, which lies immediately south of Boynton Beach Boulevard and west of the study area. Visual Impact Siqnaqe -Only two buildings are located within this M-1 district, neither of which have signage visible from the neighboring roadway. 21 Landscapinq - Landscaping in Area V can be considered substandard. Buildinq Appearance and Orientation - The two businesses in this district are comprised of low-rise buildings of unremarkable architecture or design. Additionally, there is graffiti present on one of the buildings. 22 Area VI Area VI is located west of 1-95 and contains roughly 204 acres, making it the largest M-1 area in the City of Boynton Beach. This industrial area was, until recently, unified in land mass. However, two land use conversions within the original M-1 area have divided the industrial land and decreased the overall size by approximately 45 acres. Northern Portion - The northern portion of Area VI is bound by the L-28 Canal on the north, with land immediately north of that zoned R-1AA and R-3. The R-1AA district allows single family detached development at a density of 5.4 units per acre. The R-3 district permits multi-family residential at a density of 10.8 units per acre. The east side of this northern portion of Area VI is contiguous to land zoned PU, Public Usage, and contains the South Technical Education Center, which is a vocational high school. South of the PU district, the east side of Area VI is contiguous to land zoned REC, Recreation, which is the site of Palm Beach County's Caloosa Regional Park. The southern edge of the northern portion of Area VI is contiguous to a parcel of land that was originally zoned M-1 but recently converted to allow for multi-family residential development. The west side of this portion of Area VI is contiguous to Congress Avenue, which is classified as a Palm Beach County principal arterial roadway. 23 Southern Portion - The south portion of Area VI is bound on the north by the parcel that was recently converted from industrial to multi-family zoning, as well as by Caloosa Regional Park. The east side of this portion of Area VI is contiguous to CSX Railroad. On the south edge of this part of Area V~ is the L-30 Canal, and is also part of the southern boundary of the City of Boynton Beach. Beyond the L-30 Canal is land in unincorporated Palm Beach County that contains a regional waste water treatment facility. The west side of this part of Area VI fronts on Congress Avenue, which is a six-lane roadway that is a major north-south arterial through --- and gateway to --- the City. On the west side of Congress Avenue there are lands zoned C-3, Community Commercial in the north end, and REC, Recreation, which is the location of the Congress Avenue Community Park and Racquet Center. South of that is the Isles at Hunter's Run, which is zoned PUD and classified as low density residential. To the south of that, which is across Congress Avenue from the M-1 area, is the Hunter's Run community that is also zoned PUD and classified as low density residential. Compatibility Uses - Uses adjacent to Congress Ave can be considered commercial in nature as opposed to industrial even though the zoning district is M-1 Industrial. These include more commercial types of uses such as multiple self-storage units, home furnishing suppliers, a large furniture store, and auto care businesses, including a Tire Kingdom and --- more industrial in nature --- a transmission shop. 24 Within interior streets of this M-1 area, there are larger units, encompassing some warehouse and flex space use. Setbacks and Bufferinq - The buildings in this district are separated from Congress Avenue by a sidewalk, a limited landscape buffer, and surface parking in front of the buildings. Traffic Generation -Businesses along Congress Avenue generate a substantial amount of customer traffic. Those along the rear of the district, bordering Caloosa Regional Park and the South Technical Education center appear to generate more employee and delivery traffic. Traffic impacts on Congress Avenue derive from numerous curb cuts that provide access to separate parking lots, with no turn lanes. Visual Impact Siqnaqe -There is a lack of consistent signage throughout Area VI. Some signs are located on buildings; others are freestanding pole signs, or joint-tenant signs. Signs vary in terms of size, color, type style, and location. Landscapinq - There is a limited landscape buffer in this district between the surface parking in front of the buildings, and the sidewalk adjacent to the roadway. Buildinq Appearance and Orientation - Parking lots are located in front of the units, separated from Congress Avenue by some landscaping and a sidewalk. Buildings are a variety of colors, including overstated colors on both the building and sign of the store, and lack consistent signage that results in a disjoined visual appearance. 25 SECTION IV ANALYSIS OF EXISTING CONDITIONS The review of existing conditions contained in Section III shows that none of the six study areas can be considered completely compatible in all respects --- either in terms of physical compatibility or visual impacts --- with adjacent zoning districts. The chart contained on the following page summarizes conditions in each of the study areas by analyzing the physical and aesthetic effects of the existing M-1 districts. The physical effects include compatibility of M-1 edges with surrounding uses; the effectiveness of setbacks; adequacy of screening; and, impacts of traffic generated by the M-1 uses. The aesthetic effects include an examination of the visual impact of signage in the M-1 area; the adequacy of landscaping; and, the building appearance and orientation. Compatibility With the exception of Area I, which is contiguous to the FEC Railroad and surrounded by commercial zoning, none of the study areas are considered to have their respective edge uses compatible with adjacent uses. This is due largely to the fact that Areas II, IV, V and VI are adjacent to single family residential areas. Area III is adjacent to new multi-family housing, and is bordered on the west by vacant unincorporated land zoned by Palm Beach County for single family residential. 26 Setbacks were found to be sufficient in the study areas with newer development; Areas III and VI. In Area V, setbacks are considered sufficient because of the fact that the CSX Railroad forms the western boundary and 1-95 borders the eastern side. In the other M-1 areas, however, setbacks are considered insufficient to provide visual relief or physical space for landscaping and buffering. Figure 4.1. Compatibility and Visual Impact Summary. AREA I AREA II AREA III AREA IV AREA V AREA VI Major arterial access/frontage NO NO NO NO NO YES Edge use compatible with surrounding YES NO NO NO NO NO uses Setbacks provide sufficient spacing NO NO YES NO YES YES between M-1 and surrounding uses Buffering provides adequate screening NO NO NO NO YES NO Significant negative traffic impact on NO YES NO YES YES NO surrounding residential uses Signage is functional, orderly, NO NO NO NO NO NO appealing Landscaping creates visual relief NO NO NO NO NO NO Entire edge building appearance and orientation is aesthetically pleasing, NO NO NO NO NO NO compatible with surrounding uses With regard to buffering, none of the study areas are considered to be adequate, with the exception of Area V. Again, this is due to its location between the CSX Railroad and 1-95. 27 Finally, traffic impacts on surrounding uses generated by the uses in the M-1 districts varied. Because of road construction around Area I at the time this analysis was prepared, traffic impacts appeared to be reduced. Additionally, the uses contained with the M-1 area did not appear to be large traffic generators. Note, too, that this M-1 district is surrounded by commercial zoning, so that the impacts of any M-1 traffic would occur initially in the commercial areas and, therefore, would not be considered to be significant. In Areas III and VI, traffic was not observed as having a significant impact on surrounding uses. Traffic is also not considered to have a significant impact in Area III, although there is some residential development in the vicinity. In Area VI, access is by way of Congress Avenue, which is a major north-south thoroughfare rather than a local roadway in a residential neighborhood. In contrast, the traffic impacts of Areas II, IV and V are considered significant. This is due to the fact that access to these industrial areas is only available through the residential neighborhoods that surround them. Traffic impacts in Area II are magnified by the uses, all permitted, located in Area II, which include a plumbing repair company that has multiple service vehicles. As a result, residents surrounding Area II not only experience the traffic generated by employees commuting to and from work each day, as do the residential neighborhoods adjacent to Areas IV and V, but also the traffic generated by multiple service vehicles dispatched throughout the day. 28 Visual Impact In contrast to the analysis of physical compatibility, which showed mixed results, virtually every M-1 district failed every aspect of visual impact. In each of the study areas, signage was considered to lack order, consistency or visual appeal. Signs were of varying type, type face, color and size, which presented a disorderly or chaotic appearance. Landscaping was not of sufficient quantity to provide visual relief. This was due the fact that landscaping was simply absent, or not in sufficient quantity to have a positive visual effect. The third test of positive visual impact is building appearance and orientation. Appearance includes architectural style and variation, color and height. Orientation relates to the placement of the building on the site in relationship to other development features of the site, such as parking and landscaping buffers, and to other development adjacent to the site. In all of the study areas except Area VI, buildings lack any architectural features or enrichment that enhance their appearance in any way to make them visually interesting or appealing. In Area VI, buildings in some instances lack any architectural appeal, and colors of buildings are overstated and clash with on-site signage. In addition, building orientation is not appealing in some instances, with industrial roll-up doors visible from Congress Avenue; a major gateway to the City of Boynton Beach. 29 SECTION V CONCLUSIONS AND RECOMMENDATIONS The City of Boynton Beach contains 386.6 acres of land with M-1 zoning, which represents only 4.7 percent of all property within the City. Even when factoring in Quantum Park, which is the planned industrial PID district of which there are approximately 553 acres, the total of industrially zoned land is just 11.4 percent of the total land area of the City. While the PID zoning notably increases the industrial land area within Boynton Beach, significant sections of Quantum Park --- approximately 95 acres --- will be residential development. As a result, there is a diminishing amount of industrial land within the City. The actual dollar value to the City of industrial uses compared to other uses has not been quantified under the limited scope of this analysis. The value of industrial land to a local government is, however, generally regarded within the planning profession as important for several reasons. First, a variety of land uses provides for a diversity, thereby providing the economy with a broader and, therefore, more stable base. Second, industrial uses typically have a lower demand for public facilities and services, while generating significant ad valorem revenues. This is particularly true when compared to residential, which requires substantial police and fire staffing while usually eligible for homestead tax exemptions, and when compared to commercial, which not only requires substantial police staffing 30 (compared to industrial), but also typically generates less tax revenue because more square footage of asphalt in relationship to the building is required to meet parking standards. Finally, a variety of industrial uses can provide a range of employment opportunities for many skill and educational levels. This, in turn, has a positive impact on the community. As a result, it is recommended that the City preserve its remaining industrial zoning and uses and consider expanding certain industrial types of uses under a new zoning category. In addition, it is recommended that the City address code deficiencies during the code update process, and consider formulating and implementing a program to address current substandard conditions. In that regard, the following general recommendations result from this analysis: 1. Preserve existing industrial zoning A. Amend the comprehensive plan to include one or more goals, objectives or policies that would strongly discourage or prohibit the conversion or use of industrial land, to or for non-industrial uses. B. Amend the regulations of the PID district, as appropriate, to prohibit any additional residential uses. 2. Expand the potential for additional industrial types of uses A. Establish a new zoning district, applicable to land with a commercial or industrial land use plan designation, that provides for industrial types of development that would be limited to such uses a flex space, high- technology, research and development, and certain uses that may be 31 considered ancillary to the Scripps project; commerce parks. The new district should have stringent development standards to address compatibility and aesthetics. Amend the comprehensive plan as necessary for consistency. B. Amend the code to allow the newly created commerce park district uses and standards to apply to land with not only M-1 and PID zoning, but also to land with C-3 and C-4 zoning, which will allow some flexibility in the marketplace. C. Consider changing the land use and zoning on residential property of marginal condition to an industrial type of use. Existing residential that is already contiguous to the FEC Railroad and other industrially zoned land would likely be the most appropriate location for consideration. 3. Address compatibility issues A. Include provisions within the code to ensure that any industrial uses along the edge of an industrial zoning district are compatible with any adjacent residential uses. B. Include provisions within the code to ensure that any uses along the edge of an industrial zoning district that is contiguous to an arterial roadway are only those uses allowed in newly created commerce park district discussed in 2.A. above. C. Increase the minimum parcel size for M-1 uses from 10,000 square feet to a significantly larger size that would accommodate not only a substantial building, but also all development features such as setbacks, parking, and landscaping. 32 D. Increase setbacks to provide adequate separation between industrial and non-industrial uses. E. Strengthen code language and definitions to ensure adequate buffering and screening. This would include specific standards and requirements for screening. F. Examine permitted and conditional uses that have the potential to generate significant traffic impacts and determine if such uses should be conditioned upon adequately addressing direct traffic impacts on adjacent residential uses. 4. Address visual impact issues A. Strengthen the sign code language to provide for continuity of sign type, color, size and location not only within a development but also in relationship to surrounding development. B. Develop and adopt general standards that address architectural style, color and building material. C. Ensure that the code has specific provisions for enforcement of non- conformities for development features such as parking, landscaping, buffering, screening, building color and signage. In addition, the following general recommendations should be considered: 5. Amend the code to provide consistency among various sections with regard to the percentage of building construction that triggers conformance; currently stated as 70 percent in Chapter 2 but 50 percent in Chapter 9. 33 6. Generally, completely rewrite and update the M-1 district standards and uses to ensure that the regulations are clear, current and consistent. 7. Amend the code to clarify that development features are included with the building and can trigger non-conformance enforcement measures. 8. Amend the code to expand signage non-conformities to include sign type, location and color, in addition to size and setback. 9. Consider adopting standards for amortizing out non-conformities. The standards could vary according to the type of non-conformity, and could address difficult issues such as lack of sufficient setback or buffering, to issues more easily addressed such as signage and building color. 34 VI.-CONSENT AGENDA ITEM C.17 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2 I , 2006 February 6,2006 (Noon) rg] January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 2 I, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF rg] Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing rg] Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Motion to approve granting an utility easement to Florida Power and Light Company to provide underground electrical service to new Fire Station No. ~n Woolbright Road. .;;1. ....... EXPLANATION: Florida Power and Light Company requires an easement to provide underground electrical service to the new fIre station (currently under construction) facility. This involves the easement form described, executed and recorded prior to their scheduling of the necessary service installation. The description of the work necessary, the completion of the easement form, the execution of the completed form have been completed pending ratifIcation by the City Commission. PROGRAM IMP ACT: Florida Power and Light Company states that scheduling of this type of installation of electrical service requires four to six weeks advance notice. In order to minimize any further delay to the General Contractor for this project, electrical service is now necessary. FISCAL IMPACT: None ALTERNATIVES: None ~ ~~f:"d" Signam" Public Works / Engineering Division Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Work Request No. _ Sec._, Twp _ S, Rge _ E Parcell.D. (Maintained by County Appraiser) Form 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: Co. Name: Florida Power & Liaht Company Address: pg_of_. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement _ feet in width described as follows: Reserved for Circuit Court Together 'vYith. th~ right to permit any other person, firm or corporation. to ?lttach wires to any facilitie~ hereunder and lay cable and condUit Within ttie easement and to operate the same for commUnications purposes; the nght of Ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 7J.fCf YJ'tvb.e.r- /6, 20~5" CITY Or 73t>YNTDN 13 orpora came Signed, sealed and delivered in the presence of: ~~~ Itnes gna ure Print Name: CARIS5~ M. LEJEuNE Ilness) --'tr-L-- ~.tf PrintName:0oyC.E C 051i=-lt (Witness) By: H Print Address: es en s signa ure W/LFR&.D HA-WICIN5 100 E . F!nv NTVIII3EAcJ1- 16U/O. PPytJTl)N 'PFAc1-l . PI-. 3~'16 z I Attest: (Secretary's signature) Print Name: Print Address: (Corporate Seal) STATE OF AND COUNTY OF _ day of , 20_, by respectively the President and Secretary of corporation, on behalf of said corporation, who are personally known to me or have produced identification, and who did (did not) take an oath. . The foregoing instrument was acknowledged before me this , and ,a as (Type of Identification) My Commission Expires: Notary Public, Signature Print Name DESCRIPTION OF PROPOSED 12' EASEMENT AN EASEMENT TEN (10) FEET IN WIDTH LYING WITHIN TRACT 13 OFTHE PLAT OF QUAIL LAKE ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 50, PAGES 3 THROUGH 5, SAID'EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 13, WHICH LIES ON A 3214,05 FOOT RADIUS CURVE, CONCAVE TO THE NORTH AND THROUGH WHICH A RADIAL LINE PASSES, WHICH BEARS N 02 26'40" E; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF WOOLBRIGHT ROAD (120 FEET IN WIDTH), THROUGH A CENTRAL ANGLE OF 0343'53", A DISTANCE OF 209,32 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE N 00 48'03" W, ALONG SAID CENTERLINE, A DISTANCE OF 78.00 FEET TO THE TERMINIUS POINT OF SAID EASEMENT. THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTHENED AND LENGTHENED TO TERMINATE AT THE SAID RIGHT OF WAY LINE. THE BEARINGS AS CITED HEREIN ARE BASED UPON THE EAST LINE OF TRACT 13 OF SAID PLAT OF QUAIL LAKE ESTATES, WHICH IS ASSUMED TO BEAR S 0001'17" W. LAKE WORTH DRAINAGE DISTRICT CANAL L-26 / ~89'18'1 O"E 1291.37' 644.37' I'- 10' FPL EASEMENT NOO'48'03"W 78.00' L=209.32' R=32140<=;' .oCl.=3'43'53"" R=3f14.0.s' ~==8 02'11-" L==450 8 w . PLA TD~OLBRIGHT RO OK 50 PA AD Gf 3 3 ~i./ "a ";i ~ ~<o C)N I'- ~/}' TRACT E :: / < WOOLBRIGHT g PLAZA o P.B. 38, PG. 63 R=33 579'31'" , 6L~11'l ~14~!j' 06 f 200.00' -650.50' TRACT 13 co co ~ P.O.C. I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION R~PRESENTED HEREON WAS PERFORMED UNDER MY SUPERVISION AND IT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17:':"6 pF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTlON47.2.027, FLORIDA STATUTES, AND FURTHER THAT THERE ARE NO VI LE, ABOVE GROUND ENCROACHMENTS UNLESS SH~W ED. EXHIBIT WAw ~ean Suryeying and Mapping, Inc, ~ ~e ~e~S~ri~9 'Li~e ~h~II'Go.' ~O~h'- J~re~i~h '31':39<::>< . 5114 Okeechobee Blvd. ' Suite 102 West Palm Beach, Florida 33417 FIELD: PSG DRAWN: K.C. SHEET: 1 of 1 DATE: SCALE: JOB No.: RICHA N. DEAN Professi nal Surveyor & Mapper Florida ertificate No. 4406 L.B. 6936 11/15/2005 N/A 05-407-E Tel:(561 )625-8748 Facsimile (561)626-4558 RESOLUTION NO. R06- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, GRANTING AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY TO PROVIDE UNDERGROUND ELECTRICAL SERVICE TO NEW FIRE STATION NO. 2 ON WOOLBRIGHT ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Power and Light Company requires an easement to provide underground electrical service to the new fire station facility; and WHEREAS, the City Commission upon recommendation of staff, deems it appropriate to grant an Easement to Florida Power and Light Company, a copy of which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby grant an Easement to Florida Power and Light Company to provide underground electrical service to new Fire Station No.2 on Woolbright Road. Section 3. That the City Clerk will record this Grant of Easement in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall become effective immediately upon passage. S:\CA IRESOlAgreements\Utilities\Grant of Easement -Firestation 2 on Woolbright.doc PASSED AND ADOPTED this _ day of January, 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Utilities\Grant of Easement -Firestation 2 on Woolbright.doc Work Request No. _ . Sec._, Twp _ S, Rge _ E ParceII.D._ ''''1intained by County Appraiser) " 3722 (Stocked) Rev. 7/94 EASEMENT This Instrument Prepared By Name: Co. Name: Florida Power & LiQht Company Address: pg_of_. The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement _ feet in width described as follows: Reserved for rcuR Court Together Vfith.th~ right to permit any other person, firm or corporation. to ?lttach wires to any facilitie~ hereunder and lay cable ana condUit Within tlie easement ana to operate the same for communications purposes; the nght of Ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees. undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or aangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all. the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on DRa ~~ /6. 20b S- CITY of /3I>YNTDtJ 13 orpora came Signed. sealed and delivered in the presence of: ~~~e- Itnes gna ure It Name: CA-RISS~ M. LE:5Euf\lE Itness ) srt~ ~~f Print Name: 0(9 'leI? C (/ 5TE / t (Witness) By: es en s signa ure W/L.F"RJ3.v HI'r-WKIN5 100 E . PJJVN7t)}/ I3EAcJ-1l61-VO. PPytffl)N 'Ph4c1-l . Ft-. 3~% z , Print Address: Attest: (~ecretarY's signature) Print Name: Print Address: (Corporate Seal) STATE OF AND COUNTY OF _ day of , 20_. by respectively the President and Secretary of corporation, on behalf of said corporation, who are personally known to me or have produced identification, and who did (did not) take an oath. The foregoing instrument was acknowledged before me this . and ,a as (Type of Identification) My Commission Expires: Notary Public. Signature Print Name DESCRIPTION OF PROPOSED 12' EASEMENT AN EASEMENT TEN (10) FEET IN WIDTH LYING WITHIN TRACT 13 OF THE PLAT OF QUAIL LAKE ESTATES, ACCORDINOTO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 50, PAGES 3 THROUGH 5, SAID EASEMENT LYING FIVE (5) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 13, WHICH LIES ON A 3214.05 FOOT RADIUS CURVE, CONCA VE TO THE NORTH AND THROUGH WHICH A RADIAL LINE PASSES, WHICH BEARS N 02 26'40" E; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, BEING ALSO THE NORTHERLY RIGHT OF WAY LINE OF WOOLBRIGHT ROAD (120 FEET IN WIDTH), THROUGH A CENTRAL ANGLE OF 0343'53", A DISTANCE OF 209.32 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE N 00 48'03" W, ALONG SAID CENTERLINE, A DISTANCE OF 78.00 FEET TO THE TERMINlUS POINT OF SAID EASEMENT. THE SIDELINES OF SAID EASEMENT ARE TO BE SHORTHENED AND LENGTHENED TO TERMINATE AT THE SAID RIGHT OF WAY LINE. THE'BEARINGS AS CITED HEREIN ARE BASED UPON THE EAST LINE OF TRACT 13 OF SAID PLAT OF QUAIL LAKE ESTATES, WHICH IS ASSUMED TO BEAR S 0001'17" W. LAKE WORTH DRAINAGE DISTRICT CANAL L-26 / rN89'18'10"E 1291.37' 644.37' l'- R=33340C;"S79'31'06"E ,6=11'10" 'If L=650.5d' 10' FPL EASEMENT NOO'48'03"W 78.00' l=209.32' ~~==i~115S~' R=3214 05' .6=8'02'15" L=450.87' PLA ~og~~~JGHT ROAD 50 PAGE 3 ~ Ulzi -Va -vl..'ct- ;{I Co 9;N l'- ~!1 TRACT E ~ / ~ WOOLBRIGHT 9 PLAZA o o P.B. 38, PG. 63 TRACT 13 co co P.O.C. t HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION R(:PRESENTED HEREON WAS PERFORMED UNDER MY SUPERVISION AND IT COMPLIES WITH THE MINIMUM TECHNICAL STANDARDS, p.s SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17~6 pF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 4 72.027, FLORIDA STATUTES, AND FURTHER THAT THERE ARE NO VI LE, ABOVE GROUND ENCROACHMENTS UNLESS SHOW ED. / EXHIBIT "A" Dean Surveying and Mapping, Inc, I. ~e ~e~S~ri~g 'Li~e Sh~J1'G~ ~O~h" J~(e~iOh '31:39C>< 5114 Okeechobee Blvd. ' Suite 102 West Polm Beach, Florida 33417 FIELD: PSG DRAWN: K.C. SHEET: 1 of 1 DATE: SCALE: JOB No.: RICHA N. DEAN Professi nal Surveyor & Mapper Florida ertificate No. 4406 L.B. 6936 11/15/2005 N/A 05-407-E Tel:(561)625-8748 Facsimile (561)626-4558 ~/\.,'t:._o"" /.r' .\ 1 \ r .. '. ~ i. ' "". ..l." Yo' >. ... ..~ ""'" 0,\ ./0 ....".-"'.__ - _ _ ,'" 7 itl . '''--_<w'''~<>::: ,~ 1'0N '0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM E.! Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Tumed Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 6, 2005 November ]4,2005 (Noon.) D February 7, 2006 January ]7,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 2] , 2006 February 6, 2006 (Noon~ ,J,..... a [g/ January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 2], 2006 (Noo~ "\"""- D January 17, 2006 January 3, 2006 (Noon) D March 2],2006 March 6,2006 (Noon) C~ NATURE OF AGENDA ITEM - : ..-- r.~;) -_.. --.... D Administrative D Development Plans .""i'1CC f..) -Pl [g/ Consent Agenda D New Business co l~~ D Public Hearing D Legal -'- D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on December 13, 2005, subject to all staff comments excluding conditions #4 and #8. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-240. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Ocean Breeze West (NWSP 05-030) Bradley Miller, Miller Land Planning Consultant, Inc. Boynton Associates L TD 801 North Seacrest Boulevard Request for site plan approval to construct 37 fee-simple townhouse units, recreation amenities and related site improvements on 3.44 acres in the Multi-family Residential (R- 3) zoning district. PROGRAM IMPACT: N/A ~SCALIMPACT: NM ALTERNATIVES: N/A DeV~"'t"' ~ ity Manager's Signature 4CJ~ Planning and Zon' irector City Attorney / Finance / Human Resources S:\PlanningISHAREDlWP\PROJECTSIOcean Breeze WestlAgenda Item Request Ocean Breeze West NWSP 05-030 ] -3-06.dot S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT NAME/NO: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-240 STAFF REPORT Chair and Members Community Redevelopment Agency Board and City Commission Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP Planner rI December 7, 2005 Ocean Breeze West / NWSP 05-030 New Site Plan PROJECT DESCRIPTION Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: Boynton Associates, L TD Affordable Housing, LLC Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants Southwest corner of Northwest 8th Avenue and Sea crest Boulevard, located approximately 1,700 feet north of Boynton Beach Boulevard (Location Map - Exhibit "A") High Density Residential (HDR) Multi-family Residential (R-3) 37 fee-Simple townhouse units ::1::3.44 acres Immediately north of the subject property is right-of-way for Northwest 8th Avenue, and then farther north is a developed lot (church) classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-l-A), farther northeast is a developed residential lot classified High Density Residential (HDR) land use and zoned Multi-family Residential (R-3). Directly to the northwest of the subject property are partially developed residential lots classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-l-A); Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 2 South: East: West: Developed lots classified Low Density Residential (LDR) land use and zoned Single-family Residential (R-1-A); Right-of-way for Seacrest Boulevard, then farther east are vacant lots classified Medium Density Residential (MDR) land use and zoned Duplex Residential (R-2). Immediately to the southeast are vacant lots classified Local Retail Commercial (LRC) land use and zoned Neighborhood Commercial (C-2); and Right-of-way for Northwest 1st Street, then farther west are developed lots classified Low Density Residential (LDR) land use and zoned Single- family Residential (R-1-A). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan 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. Site Characteristic: The subject property is comprised of several irregular-shaped parcels totaling nearly three and one-half (3-112) acres. The property lies within the boundaries of the Heart of Boynton Redevelopment Plan. It was previously the western section of the former Boynton Terrace project, which has since been razed. The survey shows that several rights-of-way within the development were previously abandoned. It also shows the current location of existing trees, paved areas, water pipes, sanitary sewer manholes, and fire hydrants. However, no ground elevations were shown on the survey. Proposal: Concurrency: Traffic: Utilities: BACKGROUND Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc., agent for the applicant, is proposing a new site plan for 37 fee-simple townhouse units. The property is currently zoned Multi-family Residential (R-3) and may be developed with a project density of 10.8 dwelling units per acre. This would allow for a maximum of 37 dwelling units. Townhouses are a permitted use in the R-3 zoning district. Staff understands that the entire project would be built in one (1) phase. ANALYSIS A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. At this time, no response has yet been received from the Division. Therefore, no building permits are to be issued by the City until the Traffic Division approves the traffic study for concurrency purposes (see Exhibit "c" - Conditions of Approval). The City's water capacity, as increased through the purchase of up to 5 million Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 3 gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 16,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 7,500 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). Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The applicant notes that exfiltration trenches have been provided for water quality treatment and storm water attenuation. The dry detention area has been provided for additional storm water attenuation to meet the finish floor requirements. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "C" - Conditions of Approval). School: The School District of Palm Beach County confirms that adequate capacity exists to accommodate the proposed 37 dwelling units. The project is located within Concurrency Service Area (CSA) #19. This Concurrency Determination is valid for one (1) year from the date of issuance. Once a Development Order has been issued for the project, the concurrency determination will be valid for the life of the Development Order. Driveways: The project proposes one (1) main point of ingress / egress on Seacreast Boulevard and an alternate point on Northwest 1st Street. Regarding the driveway opening proposed on Seacrest Boulevard, the signage and striping plan (sheet C2.1) shows that the ingress lane would be 15 feet in width and the egress lanes would each be 12 feet in width for a total of 24 feet. Both lanes would be separated by a landscape island. This entrance along Sea crest Boulevard would be made of brick pavers and the vehicular stacking should be such to provide safe traffic movement into the development. The exit lane would allow for both right-turn (south) and left-turn (north) traffic movements onto Seacrest Boulevard. The signage and striping plan (sheet C2.1) does not indicate the width of the alternate point of ingress / egress. However, when scaled, the driveway opening appears to be over 23 feet in width. The exit lane would allow for both right-turn (north) and left-turn (south) traffic movements onto Northwest 1st Street. Neither of the access points would be gated or restricted. It should be noted that there is an undeveloped lot (Lot 140, Block C, Boynton Hills), located outside the subject project that would continue to be denied access if not provided access through this development. Therefore, the developer of the project is being requested to provide access through the subject property to the land-locked parcel (see Exhibit "C" - Conditions of Approval). Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 4 The street system within the development is generally proposed in a circuitous configuration. Each two (2)-way drive aisle would have 11-foot wide travel lanes for a total of 22 feet in width, which would conform to current engineering standards. The Typical Street Section (sheet C5.1) shows the 22 foot wide travel lanes with a two (2)-foot wide valley gutter on one side and a four (4)-foot wide monolithic curb and walk proposed on the other side. Residents would access their driveway and garages via these drive aisles. The Fire Truck Template plan (sheet FT. 1 ) shows that emergency / service vehicles would have enough room in which to maneuver within the development. The applicant states that the roadway "tract" would be dedicated to the City for access, drainage, and utilities via the recorded plat. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 37 three (3)-bedroom units and a recreation facility. Therefore, based upon the above referenced number of units and the amenity, the project requires a total of 79 parking spaces. The site plan shows that each unit would have a one (l)-car garage, which would thus equate to providing 37 parking spaces. The first floor plan (sheet A2.02) shows that each garage would be dimensioned 11 feet - eight (8) inches in width and nearly 20 feet in depth. The site plan proposes tandem driveway spaces for selected units. These driveways would accommodate one (1) parked car within each space. The site plan proposes 26 driveway spaces. The project also proposes 35 off-street parking spaces. With all spaces combined, the project would provide a total of 98 parking spaces, or an excess of 19 spaces. Landscaping: According to the Handicap Parking, Stalls, and Detail (sheet C2.2), the 90-degree parking stalls would be dimensioned nine (9) feet - six (6) inches in width by 18 feet- six (6) inches in length. The handicap parking spaces would be dimensioned 12 feet in width (with extra 5-feet of striping) and 18 feet - six (6) inches in length. The cover sheet tabular data indicates that 1.34 acres or 39% of the site would be open space / landscape surface. The tree mitigation and list (sheetTM-1) indicates the site currently contains 53 trees. The species of existing trees are as follows: Palm, Mahogany, Black Olive, Gumbo Limbo, Oak, Pine, Rubber Tree, Royal Poinciana, Yellow Tab, and Ficus. The plan indicates that seven (7) trees would remain. All the other trees would be either relocated elsewhere on-site or removed. In summary, the project would proVide for a complimentary mix of canopy and palm trees. Staff recommends that that the lands remaining outside the individual fee-Simple area should be under the control of the Homeowner's Association to ensure proper maintenance of the buffer areas (see Exhibit "c" _ Conditions of Approval). The Foundation Planting plan (sheet L-4) shows that a row of Redtip Cocoplum hedges would screen the unit's air-conditioning unit, proposed to the rear of each unit. The applicant notes that the development's irrigation system would be of a low-volume water conservation design using non- potable water. A note has been added to the Planting Plan (sheet L-2) indicating that turf and landscape (bedding plants) area would be designed on separate zones and time duration for water conservation. Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 5 The site plan (sheet SP1) shows that the western landscape buffer (adjacent to Northwest 1st Street) would be at least five (5) feet wide at its narrowest point. The landscape plan shows that this buffer would consist of Mahogany and Glaucous Cassia trees with a row of Dwarf Firebush and Hibiscus planted along the property line. The northwest landscape buffer would consist of Live Oak and Mahogany trees and a hedge of Dwarf Firebush and Wax Myrtle shrubs. These plants were selected to help screen the parking areas from the adjacent properties. The site plan (sheet SP1) shows that the north landscape buffer would be five (5) feet in width. The landscape plan indicates that overhead power lines are present above this buffer. The presence of power lines limits the selection of trees that may be installed within the buffer. To comply with Florida Power & Light's Right Tree - Right Place publication, the landscape plan proposes Glaucous Cassia trees due to their low-growing characteristics. However, Mahogany trees are proposed along the northern perimeter where there are no overhead power lines. The landscape plan also proposes Silver Buttonwood hedges and Dwarf Crown of Thorns along the entire northern perimeter. It should be noted that the Dwarf Crown of Thorns would be installed on street side of the retaining wall to help deter people from sitting on the wall. The Retaining Wall detail (sheet A2.02) shows that a chain link fence, three (3) feet - six (6) inches, in height, is proposed on top of the retaining wall. This contradicts the Retaining Wall Section shown on S-l where there is no chain link fence. Staff understands that the intention is to omit the chain link fence component from the design (see Exhibit "c" - Conditions of Approval). The site plan (sheet SP1) shows that the east landscape buffer adjacent to Seacrest Boulevard Federal Highway would be five (5) feet in width. The buffer would contain the following plant material: Glaucous Cassia, Cabbage palm, Dwarf Firebush, and Dwarf Crown of Thorns. Again, the presence of above power lines limits the type of trees that can be installed within the buffer. The landscape plan proposes a row of Glaucous Cassia trees. Likewise, the Dwarf Crown of Thorns would be installed on the street side of the retaining wall, similar to the north buffer. The site plan (sheet SP1) shows that the south landscape buffer would be five (5) feet in width at its narrowest point. The landscape plan proposes the following plant material within this buffer: Glaucous Cassia, Cabbage palm, Dwarf Firebush, Hibiscus Seminole Pink, Wax Myrtle, and Silver Buttonwood. Building and Site: As previously mentioned, the applicant is requesting to construct 37 dwelling units at density of 10.8 dwelling units per acre. The 37 dwelling units, proposed as three (3)-bedroom units, are depicted within eight (8) separate buildings on the 3.44- acre site. Each building would contain either four (4) or five (5) dwelling units. The unit plans (sheet A2.01 and A2.02) show the size and configuration of each unit. The floor plans propose one (1) model type, which would be two (2) stories tall and 1,399 square feet "under air conditioning". The site plan tabular data indicates that the building coverage would be 0.74 acres or 21% of the site. No Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 6 individual swimming pools and screened-in balconies are proposed and staff understands their prohibition would be noted as such within the Home Owners Association documents. The R-3 zoning district allows buildings to reach a maximum height of 45 feet. The elevations show the buildings would be two (2) stores, measuring 25 feet at the mean roof height and 30 feet at the peak of the roof. The R-3 zoning district contains the following minimum building setbacks: Front - 40 feet; Side - 20 feet; and Rear - 40 feet. According to the site plan tabular data, the project would provide for a 47-foot front setback, 46-foot side setback, 45-foot street side setback, and a 65-foot rear setback, thereby complying with code. The buildings would have at minimum, 15 feet of separation. Located at the center of the site near the main entrance, the recreation area would consist of a tot-lot and bike racks. The mailbox kiosk is also proposed within the recreation area, near the off-street parking area where the mail carrier can park. The site plan proposes a dry detention area nestled between five (5) of the buildings. Staff originally requested the developer modify the development's proposed drainage system so that this dry detention area is designed without sloping sides in order to accommodate additional space for an open-play field. However, the developer responded by stating that the dry detention area would provide for additional storm water attenuation and it could not be eliminated and j or substituted as an open-play field. Design: The proposed buildings would contain some elements reminiscent of Key West style of architecture. This contemporary townhouse design would have standing seam metal roofs, decorative shutters, and simulated wood siding. The elevations show that each building would have decorative garage doors and light fixtures. The project proposes multi-colored buildings consisting of the following Benjamin Moore paints: Color code Paint Name Color Location #331 Lemmon Souffle Light Yellow Wall Field #2144-70 Snowfall White Off-white Trim nja White Dove White Wood siding nja Standing Seam Silver Silver Roof nja Pre-finished White White Decorative Shutters The photometric plan demonstrates that lighting levels would be adequate and not "spill" over onto adjacent properties. The Parking Lot Pole Detail (sheet SL.01) shows that it would be a round fiberglass pole, 18 feet in height. Staff feels that the pole appear to look "institutional" and is recommending a style more decorative in nature (see Exhibit "c" - Conditions of Approval). It should be noted that staff endorses an overall site design that would re-orient the buildings closer to (and front doors facing towards) both Seacreast Boulevard and Northwest 8th Avenue. This is the preferred type of site layout and design that the city has been recently approving in the Community Redevelopment Agency Staff Report - Ocean Breeze West (NWSP 05-030) Memorandum No PZ 05-240 Page 7 (CRA) area. However, staff notes that the R-3 zoning code does not allow for flexibility with regards to reducing the minimum required building setbacks and that progressive-style design principles are limited under the current zoning. Signage: The project proposes one (1) monument sign, located at the front entrance along Sea crest Boulevard. The structure would be located within the median of the front entrance, at least 10 feet from the east property line. The Project Sign Detail (sheet S-l) shows the project signage would occur on each side of the monument structure. The wall would be four (4) feet - six (6) inches in height with its decorative caps at five (5) feet - seven (7) inches in height. Wax Jasmine would be installed at its base. The individual letters in the project name would be a script style of "Carrier" font. They would be brass plate letters placed on top of cast stone and diagonally-oriented recessed panels. Staff understands the sign would be externally illuminated from ground level lights. No address was shown on the sign. Once the site address is determined, it should be placed above the name (see Exhibit "C" - Conditions of Approval). RECOMMENDATION: Staff has reviewed the request for new site plan approval and is recommending approval, contingent upon satisfying all comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\Staff Report.doc LOCATION MAP Ocean Breeze West Exhibit "A" . 800 'Feet N + 200 100 0 I 200 400 600 EXHIBIT B _J' Ell "' ~! 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I I I ~~ ~ l h 'l~ ;J II l "lid :1 ; l~ J li~ i~llInj Ii ;ta, I d jl i J ~Iil 11 : of'! !I~ en III'=" I , o~...o. if h.i5ol !1 "I=Z~i o"m ~~ mill~ lIce ii!...c: -)>)0 { In!:r- i 2l -~ r if 'q ~J ) -"l .' I' , 'I " ""- ~f~ f J I' i'~!f~ f't!l: ~~ I~I hi f! , I "'~rf "f' 0 ~ =h ~ J r~~[ I ~ ~f. ii. I is I,.. CD ~ i r i !If ~"I Jf~ ~ ~ ~ o EXHIBIT B EXHIBIT "C" Conditions of Approval Project name: Ocean Breeze West File number: NWSP 05-030 Reference: 2nd review plans identified as a New Site Plan with a November S, 2005 Planning & Zoning date stamp marking. I ~ DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). PUBLIC WORKS - Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 3. Parking stalls will not be permitted directly across from a major driveway X ingress or egress point (see City Standard K-S.). 4. Provide a driveway cut across the street from Unit 26 to allow access to Lot X 140, Block C, Boynton Hills. ENGINEERING DIVISION Comments: 5. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. 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)). 7. 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 COA 12/14/05 2 I DEPARTMENTS INCLUDE REJECT 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. Based on 37 single-family units the reservation fee will be $5128.20. 8. Add a sanitary sewer lateral to service adjacent Lot 140 north of Unit #26. X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 9. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 10. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 12. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall. Identify the type of wall material and the type of material that supports the wall, including the typical distance between supports. Also, provide a typical section view drawing of the wall that includes the depth that the wall supports are below finish grade and the height that the wall is above finish grade. The location and height of the wall shall comply with the wall regulations specified in the Zoning Code. 13. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides. COA 12/12/05 3 I I DEP ARTMENTS INCLUDE REJECT 14. 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. 15. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 16. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34 17. At time of permit review, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels, or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 18. 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. 19. 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)) COA 12/12/05 4 I DEPARTMENTS INCLUDE REJECT 20. 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. 2 1. 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. PARKS AND RECREA nON Comments: 22. Park Impact Fee - 37 Single-family attached units @ $771.00/unit = X $28,527.00. FORESTER/ENVIRONMENT ALIST Comments: PLANNING AND ZONING Comments: 23. The traffic impact analysis must be approved by the Palm Beach County X Traffic Division for concurrency purposes prior to the issuance of any building permits. 24. The site plan should graphically indicate the Future Land Use classification X and the Official zoning districts for the abutting properties. 25. There is a discrepancy between the two (2) Retaining Wall Details. This X discrepancy shall be corrected at the time of permitting. Staff recommends utilizing the Detail which omits the chain link fence (on top of the wall) from its design. 26. An shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 27. No address was shown on the sign. Once the site address is determined, it X COA 12/14/05 5 I n DEPARTMENTS INCLUDE REJECT should be should be placed above the name of the development. 28. Staff recommends that lands remaining outside the individual fee-simple area X would be under the control of the Homeowner's Association to ensure proper maintenance of the landscaped buffer areas. 29. Community Redevelopment Agency staff recommends relocating the parking X area at the project entrance on Seacrest Boulevard to improve the main fa9ade of the development. 30. Community Redevelopment Agency staff has the following comment: X Provide more detail on roofing material, including life span. The material schedule indicates fiberglass shingle roof but the elevations depict metal roof. 31. Community Redevelopment Agency staff is recommending that the style of X the freestanding outdoor lighting fixtures (poles) be designed to match the architecture of the buildings. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 32. Omit conditions #4 and #8 thereby removing the requirement that the project X provide access to an adjacent parcel. ADDITIONAL CITY COMMISSION COMMENTS: Comments: 33. To be determined. MWRlelj S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Breeze West APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Land Planning Consultants, Inc. APPLICANT: Affordable Housing, LLC. APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 3, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 37 fee-simple townhouses on a 3.44-acre parcel in the R-3 Multi-family Residential zoning district. LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Seacrest Boulevard, located approximately 1,700 feet north of Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby - GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\DO.doc Meeting Minutes Community Redevelopment Agency ~~l'_rl!on Beach, Florida __ __ _ ______ _ _ _~___I)ecember 13, 2005 allow a minimum lot area of 5,429 square feet, a variance of 571 square feet for a proposed single-family residence within the R-2 single and two-family zoning district. Mr. DeMarco returned to the meeting. Kathleen Zeitler, Planner, made a presentation on behalf of staff. A single-family residence is a permitted use in the R-2 zoning district. Happy Home Heights subdivision was platted in 1925 with lots 41 feet by 90 feet and these lots are considered substandard today. The applicant assembled almost three lots (Lots 3 through 5, except the east five feet of Lot 3, and divided the assembled property into two larger and less non-conforming building lots. He was able to construct one home on the western lot in compliance with the non-conforming lot provisions, which that lot met. The parcel needs to contain at least one whole platted lot, have not less than 50 feet of frontage and not less than 5,000 square feet and meet all the setback regulations. The subject property met all those requirements except it did not contain one whole platted lot. Therefore, the applicant had to meet the current requirements for the R-1 zoning district instead of the non-conforming provisions. He proposes to meet all the setbacks, lot frontage, minimum living area, maximum lot coverage and height for the R-1 district. He is requesting a variance of 571 feet from the lot area requirement. Staff believes that literal interpretation of the criteria would deprive the applicant of the right to develop the property. Staff reviewed the criteria necessary to consider a variance and believes this application meets all the criteria. Staff recommended approval of the variance based on a finding of hardship. Vivian Brooks, CRA Planner, recommended approval of the item. The area is one the CRA wants to revitalize with single-family infill in the Heart of Boynton. This is precisely what the CRA should be doing. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one came forward. Mr. Myott said it was zoned R-2, which would permit a duplex, but he asked for confirmation the applicant wanted to build a single-family home. Kevin Ballard, owner of the subject property, confirmed he wanted to build a single-family home. Motion Vice Chair Tillman moved to approve the request for a variance for Happy Homes Heights (Ballard) (ZNCV 05-008). Mr. DeMarco seconded the motion that passed 6-0. Chair Heavilin welcomed Mayor Taylor and his wife to the meeting. E. Ocean Breeze West New Site Plan 1. Project: Ocean Breeze West (NWSP 05-030) 15 Meeting Minutes Community Redevelopment Agency .!Joynton Beach, Florida Agent: Owner: Location: Description: December 13, 2005 Bradley Miller, Miller Land Planning Consultant, Jne. Boynton Associates L TD 801 North Seacrest Boulevard Request for site plan approval to construct 37 fee-simple townhouse units, recreation amenities and related site improvements on 3.44 acres in the Multi-family Residential (R- 3) zoning district Eric Johnson, Planner, presented this item on behalf of staff. The project lies in the boundaries of the Heart of Boynton Redevelopment Plan. Staff review of concurrency showed compliance. The project proposes one point of ingress and egress along Sea crest Boulevard and an alternate along 1st Street. Mr. Johnson displayed the site plan, showing a five-foot landscape buffer all the way around the project. A two-way drive aisle goes around the perimeter of the property. The buildings are proposed for the center of the lot. The project has more than adequate parking. There are eight separate buildings with units of 1,399 square feet under air. The R-3 zoning district allows a maximum height of 45 feet and the proposed two-story structures do not exceed 30 feet at the peak of the roof. There area 31 conditions of approval and staff recommended approval contingent upon meeting all those conditions. Vivian Brooks, CRA Planner, said they had worked with the applicant to come up with a product that was affordable under the County and City affordable housing programs and was architecturally consistent with the Heart of Boynton schematic plans adopted by the CRA. The project had been upgraded significantly. Typically, affordable units would be about 1,000 to 1,200 square feet and these units are much larger. The units have garages. The construction is CBS and the buildings have a metal roof that will stand the test of time and hurricanes, an important consideration for working families who cannot always afford to replace their roof if it blows away. She felt the applicant had presented a project that met what the CRA envisioned for the area and the CRA recommended approval. Chair Heavilin noted, for the record, this was not an affordable project. Only ten units would be affordable. Ms. Brooks stated that at the current time, according to the applicant, the prices would be $280K. Ten units would not be subject to market changes and would remain affordable - the rest would be subject to market fluctuations, and Ms. Brooks thought this was appropriate in light of the CRA's desire to create economic diversity in the area. She stated working people with expendable income were needed in the area to add to the City's downtown business base. Chair Heavilin agreed, but wanted to clarify that the project was not coming in as an affordable project, per se. Bradley Miller, Miller Land Planning Consultant, Inc., appeared to represent the applicant for Ocean Breeze West. The project would be located on the site of the former Boynton Terrace Apartments, and span both sides of Seacrest Boulevard. Under consideration at this meeting was the area on the west side of Sea crest Boulevard. The applicant proposed replacing the 37 units that were there with a 37 single-family attached home project, commonly known as town homes. 16 Meeting Minutes Community Redevelopment Agency ~~'lnton Beach, Florida December 13, 2005 The site plan was displayed. The divided entranceway has paver blocks and a landscaped median in the middle. There is a tot-lot and a mailbox kiosk as well. The parking provided in front of the recreation area was a requirement; however the CRA wanted to eliminate this as mentioned in conditions #3 and #29. The applicant had requested a waiver from the Engineering Department on condition #3 and he had a letter from them approving the waiver regarding the back out parking, so #3 was already satisfied. In condition #29, the CRA was concerned about the visibility of the parking area on entering the project from Seacrest Boulevard. The curvature of the drive at the entrance and the curvature of the landscaped median were going to block the view to those parking spaces. The applicant felt this was a critical component to the project with the mailbox kiosk being well protected from visibility from Seacrest Boulevard. Mr. Miller discussed the design aspects of the proposed project as he displayed drawings of it. Mr. Miller believed condition #3 had already been met and that condition #29 should be stricken since it was addressed with the landscaped entrance. Condition #30 spoke of a typographical error in the plans where the metal roof was shown but the reference to Fiberglas shingle was not stricken. They made this change on all their plans during the review meeting at the City and this was part of the record in the files of City staff. Condition #31 related to the light fixtures. These had been provided as details. He offered to show samples to the Board members, in case they had not been included in the agenda packages. Condition #4 asks the applicant to provide a driveway cut to Lot 140. The slide showed the lots that are adjacent to the proposed project. Next to it is Lot 139. Both lots are owned by the same entity. Staff requested the applicant to provide a driveway cut across that. The applicant's attorney, Jeff Renbaum of Ruden McClosky, investigated this and Mr. Miller distributed copies of his opinion on the matter. Mr. Renbaum opined it was improper for the City to request this when there were other means of providing access to 1st Street. Access can be acquired through the same owner, which is on Lot 139. Based on this opinion, the applicant requested that conditions #4 and #8 be stricken. Mr. Miller thought it was a very exciting project for the City of Boynton Beach and the Heart of Boynton area. His client was a pioneer in going out to try to make this happen. The approval of the incentive package would help them deliver a project of which everyone could be proud. Vice Chair Tillman asked City staffs opinion on condition #4 and the letter from the applicant's attorney regarding the landlocked parcel adjacent to the project. Eric Johnson, Planner, said condition #4 stated: Provide a driveway cut across the street from Unit 26 to allow access to Lot 140, Block C, Boynton Hills. As proposed, there is no point of ingress or egress to this lot. The City asked the applicant to provide access to that lot through their development. Chair Heavilin asked if there had been access prior to ownership of the property. Mr. Johnson said the survey showed the right-of-way was abandoned and was a part of the proposed project. This lot did not have access prior to this project. To rectify a wrong, the City proposed 17 t-1eeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13,2005 this means of providing access to that property. The property is zoned R-3, multiple family, but has large setback requirements and it seemed unlikely multi-family homes could be developed on the property due to its size. If it were developed as R-3, the properties would probably have to be drawn together through Unity of Title and then developed. Mr. Myott suggested amending the condition to require the developer to provide the driveway cut jf it became necessary, since it did not affect the site plan. Mr. Johnson responded the site plan would be changed slightly by this since the drive aisle proposed around the development would link up nicely to this lot. Jeff Renbaum, attorney with Ruden McClosky, said a scheme was already in place for the owner of parcel 140, the landlocked parcel, to resolve his situation. The courts like landlocked parcel owners to resolve the problem on their own and if this is not possible, the Legislature and the Judiciary have both created schemes to help landlocked parcel owners. One is a statutory way of necessity, another is a common law way of necessity. Both parcels were purchased by the same entity in the same month per the records of the Palm Beach County Property Appraisers records. In a Third District Court of Appeals case, it was held that a landowner who had adequate access to his oceanfront property by way of a narrow strip of his own land was not entitled to an easement by necessity through adjacent property, even though the access to the oceanfront property by way of his own land was less convenient. Another case held that a landowner was not entitled to choose between adequate means of access, even though one means may be more convenient than another. Attorney Renbaum agreed with that case and took it a step further to say that government could not make that choice either, since the scheme was already in place. The property owner of Lots 139 and 140 knowingly purchased the properties on the same date, knowing they did not have access. The owner had received notice of this meeting. It boiled down to a fairness issue. If the owner needed access, he already had it through Lot 139. It was not fair to force the developer to add this road, at substantial cost, because the project is already on the lower dollar side to make it as affordable as it is for the would-be buyers. The developer would have to put sewer lines and road structure down, and it was not fair when they had not even been approached by the owner of Lots 139 and 140. In response to a question from Mr. Fenton, Attorney Renbaum stated the owner would have to make an access through Lot 139 to get to Lot 140; however, the driveway in Lot 139 is on the north side of Lot 139, so a slight cut through 140 would allow the two lots to share driveways. Attorney Renbaum stated if the Board decided to require the access cuts that the cost is borne solely by the owner of Lot 139. Chair Heavilin opened the floor for the public to speak on this item. Harish Madhav, M.D.P.A., 2226 S.E. 2nd Street, Boynton Beach, appeared to speak. Dr. Madhav is the owner of Lots 139 and 140. Both lots were deeded separately. The previous owners were Mr. and Mrs. Reed. Lot 140 has a house and was previously owned by Mrs. Reed. Lot 139 was owned by both of the Reeds jointly. Originally there was a Stanford Drive East, which was abandoned in favor of the project that existed at that time. There were two streets, a large portion of land, that were abandoned at that time. It was a good thing because it was for low-income housing. Now, that project is gone and it is a private development. Dr. Madhav 18 Meeting Minutes Community Redevelopment Agency !3~<rynton Beach, Florida December 13, 2005 asked to have access to Lot 140 as it used to be when there was a Stanford Drive East. He showed a survey that depicted access from the south side at the location of the proposed circular drive. Chair Heavilin asked if this had been abandoned after he had purchased the property, and Dr. Madhav replied no. It had been abandoned before he purchased it. There were two streets there previously. In 1920, the two streets previously mentioned were abandoned. While Boynton Terrace Apartments was there, there was no pavement. Vice Chair Tillman said Dr. Madhav had purchased the lots knowing that the land was previously abandoned. Dr. Madhav said no, because the survey showed access. Vice Chair Tillman said when he purchased Lot 139 and Lot 140 after the abandonment, the survey should have shown that. Mr. Barretta asked Dr. Madhav if he had discussed this survey oversight with his surveyor. Dr. Madhav was not aware that it was landlocked. His survey showed access on the south side from Stanford Drive East. Mr. Barretta asked Dr. Madhav if he had considered taking action against the surveyor who failed to show the previous abandonment. Mr. Barretta felt that action would be more appropriate than penalizing the current developer. Mr. Barretta declared to Dr. Madhav that it was inappropriate of him to gain access through a private drive in a community the CRA was creating. Chair Heavilin agreed, saying the developer did not create the lack of access. Dr. Madhav said as the building stands on Lot 139, there is not enough space for proper access to Lot 139. The properties are separate and the owner should have a right to sell one or the other or develop one or the other. Mr. DeMarco asked Dr. Madhav his intention when he purchased the properties. Dr. Madhav responded he wanted to build a family home on the lot. Mr. Myott wondered if the abandonment record existed somewhere. Dr. Madhav said even if it had been abandoned, a portion of it should have gone to the owner of Lot 140 and Lot 139, unless there was a record showing some kind of quitclaim by the previous owners. Dr. Madhav had to look into the records and asked the Board for time to do so. Dr. Madhav said he needed access. Mr. Myott believed Dr. Madhav would find the unimproved "roadway" was no longer a road. He also did not think Dr. Madhav would want access through Ocean Breeze, although Dr. Madhav declared he would not mind that if it were the only way to gain access. If access were provided, Dr. Madhav would be able to build on the lot. He began investing in the area to improve it, just like the CRA. Contrary to Dr. Madhav's contention, Mr. Barretta felt there was more than enough room for access between Lots 139 and 140. It seemed to Mr. Barretta Dr. Madhav would rather impose on his neighbor than give up his property on one lot to gain access to the other. Mr. Fenton asked Eric Johnson what the City's legal rationale had been for condition #4. Mr. Johnson responded the ultimate goal was to have access to Lot 140 through the project. As far as a court case or legal precedent, he would have to defer to Legal as far as requiring access through the subject property. 19 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dr. Madhav said he was not aware he would be losing access, since his survey showed Stanford Drive East with access. He asked the Board to delay this item to give him time to get to the bottom of this. Gertrude Sullivan, 201 Northeast 6th Avenue, Boynton Beach, president of Boynton Terrace Association, advised Mr. Miller that the area of the proposed project was not a slum area. They did not live in a slum. They liked their area. They did not mind the townhouses, but she asked who would be able to buy the houses in the proposed project. She did not believe anyone in the Heart of Boynton area made that kind of money. It seemed the City wanted to help the developers, but not the people who lived there. The price of the houses was not affordable. When the Board made its decision, she asked it to consider the less fortunate citizens of the City, not the ones who already had everything. Some people were never going to own a house. She asked the City not to forget that they exist. Chair Heavilin expressed understanding for Ms. Sullivan's sentiments, and explained the CRA was giving the affordable issue a great deal of thought and consideration at present. She also said this developer did not have to do any affordable housing and the CRA was glad to be getting even this amount of affordable housing, realizing that much more was needed. Brian Edwards, 629 N.E. 9th Avenue, Boynton Beach, liked the project and thought it would enhance the neighborhood, enhance property values, and be a good thing for the area. He agreed with Ms. Sullivan, though, that the proposed housing units were not really affordable for most of the citizens in the Heart of Boynton area. This property was vacant. When people started to move out of the Heart of Boynton and development began in areas where there were homes, $280K was not really affordable and was way too high for the people that had to move out and move back in. He asked the CRA and City Commission to keep this in mind in future planning. Richard Ames, Minister of Hopewell Baptist Missionary Church, Boynton Beach, came with the Hollis family who reside on the northwest side of Seacrest Boulevard right behind the former Boynton Terrace Apartments. Specifically, he stated on N.W. 6th Avenue, the back of the homes are actually facing the proposed project. He asked how those houses on N.W. 6th Avenue would be affected by the proposed project. Mr. Miller responded they were providing landscape buffering between the project and the homes on N.W. 6th Avenue. Reverend Ames clarified his question, saying that if a person were driving north on Sea crest Boulevard and turned left on N.W. 6th Avenue, would those homes be "phased out" due to this project? Mr. Miller said the proposed project did not affect those homes at all. Reverend Ames said that might be true today, but what about tomorrow or next week? Mr. Miller said the proposal before the Board tonight was the only property they had control over. Reverend Ames commented about the people who were being relocated. He asked where they went when they were on fixed incomes. These people had been part of Boynton Beach for many years, but if they were offered $200K for a home and affordable homes were starting at $400K, and they were on a fixed income, how could they obtain a mortgage? Chair Heavilin closed the public hearing. 20 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Vice Chair Tillman said this development was a "tough sell." The project called for changing the status quo and making it better. A lot of people disagreed with the former but would agree with the latter. The bottom line was that there was a continuum. The old becomes the new. That which is blighted is replaced with something that is better. There were some gray areas that had to be worked out. Still, some of the questions from the Heart of Boynton community about access and affordability required the citizens to look inward also. A lot of it had to do with how people gain access to income, educate their children, and provide for the future. Development would continue. Ocean Breeze was a step up to the plate. Ocean Breeze was providing a viable, worthwhile project that would invigorate the area. Also, as communities develop, they do change. Where they were once segregated, they become integrated, and this has to be considered also. What was before is not necessarily always going to be. Sometimes things have to be accepted that will make the area better. Change is often feared, but change is a part of living. Mr. Barretta said the Heart of Boynton had been a problematic area because the people there had told the City and CRA over and over again that they wanted change and at the same time, they have said over and over again they do not want things to change. If things are going to change, they have to change. This was a good project and something positive in the area. Mr. Barretta stated that density was required to create afford ability, but the residents in the Heart of Boynton wanted affordability without density. The CRA was struggling with this problem, trying to solve it. He felt this project was a step in the right direction. He wanted the people in the Heart of Boynton to realize that if they wanted change, they had to accept change. Or, things would stay the same indefinitely. Chair Heavilin said she knew affordable housing was an issue and the CRA had set aside over $3M to help subsidize the affordable units. Affordable housing was an issue throughout the entire City, County, and the country. She was aware of the issue, but supported this project. She did not feel this developer should have to pay for access to a property that did not have access now. This developer did not create the lack of access and she did not think he should be responsible for it. At this point, a member of the audience came to the podium to speak. Chair Heavilin informed her that the public audience had been closed. Mr. DeMarco asked about conditions #16 and #19 and he hoped the developer and Planning & Zoning would resolve all the conditions so the Board could feel comfortable the conditions would be met. He felt the project was a step in the right direction and should get started. It was a stepping-stone to doing the right thing. It was a shot in the arm for the area. When he attended the community meetings during the formulation of the Heart of Boynton Plan, the two issues he heard from the community the most were about crime and drugs. This project and others like it combined with affordable homes, was the right way to go. Motion Mr. Barretta moved to approve the site plan for Ocean Breeze West with the 31 conditions from staff less condition #4 and condition #8. Vice Chair Tillman seconded the motion. Chair Heavilin reminded the individual at the podium that public audience was closed and there was a motion on the floor. By consensus of the Board, the individual was allowed to speak. 21 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Elizabeth Jenkins, 711 N.W. 1st Street, Boynton Beach, lives in the area where the project will be built. She wondered if consideration had been given to people who were trying to live on what their forefathers had worked hard to provide - a place where their families could live. This was not the kind of thing that mattered to people who had money. There was nothing wrong with building, but she hoped the CRA and the City would think of someone beside themselves. Ms. Jenkins felt that drugs were a problem throughout the City, not just in the Heart of Boynton area. Ms. Jenkins called the CRA to ask about tonight's meeting because she wanted to come. She did not know who answered the phone. When she told her why she wanted to be at the meeting, the person answering the telephone said, "Yes, we are having a meeting. You can come if you want to." That insulted Ms. Jenkins, who felt she did not have a right to be at the meeting. Lisa Bright, Interim CRA Director, said she had gotten a call from the City Manager, who asked her to speak to staff. She spoke to all the female staff and there was no one on the staff who had spoken to Ms. Jenkins. She had left a message at Ms. Jenkins' house on the afternoon of the meeting to say she would be pleased to talk with her. She left her name and number, three times, to say this was a public hearing and it was about Ocean Breeze coming on board. She asked if Ms. Jenkins knew the person's name and the date she called, but Ms. Jenkins did not know the answers to those questions. She believed the CRA already knew who the buyers of the houses in the proposed project were going to be. Mr. Myott felt this project would benefit property values for all in the community. That was what the CRA was all about - making it better for everybody. . The motion passed 6-0. F. Intracoastal Park THIS ITEM WAS POSTPONED UNTIL THE MEETING ON DECEMBER 15, 2005. Major Site Plan Modification 1. Project: Agent: Intracoastal Pavilion (MSPM 05-013) David Stump, Project Manager, City of Boynton Beach City of Boynton Beach 2240 North Federal Highway Request for major site plan modification to construct a 12,800 square foot two-story community center on the 8.88-acre Intracoastal Park zoned REC Owner: Location: Description: IV. OLD BUSINESS A. Ocean Breeze Direct Incentive Application and Agreement 22 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\.l VI.-CONSENT AGENDA ITEM F Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci ty Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January] 7, 2006 (Noon) i>l December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) _ __JJ ~ January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3,2006 (Noon) 0 March 21, 2006 March 6. 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF [8J Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing D Legal 0 Bids 0 Unfinished Business 0 Announcement D Presentation 0 City Manager's Report RECOMMENDATION: Return cash bond of$I,100.00 to Codina Construction Corp. for the project known as The Watershed. EXPLANATION: On September 15,2005, the Building Division sent to the Finance Department a cash bond of$I,100.00 for the completion of the permitted work for the project known as The Watershed located at 4905 Park Ridge Boulevard. The work has been completed and the Certificates of Occupancy for permit numbers 03-2138, 03-2139 and 03-1698 were issued on November 10, 2005. The site improvement permit (number 03-2269) received and passed its [mal inspection on November 8, 2005 and does not require a Certificate of Occupancy. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None Development Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC '\h" ',',' > 1',\','; ,'I' ;~ f;i'~I~ !S " [, ../,j, .:h~J I; lq ~ [:1' I :llf ~.t 1 I!",,' CODINA Codlna Construction Corporation 355 Alhambra Circle. 9'" Floor Coral Gables, FL 33134 T: (305} 5~O"~309 www.codJn1l.com VIA FAX AND MAIL k r:-: MV ' o ~,~ dlart> \W ~~ Lwf I November 14, 2005 City Of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Re: The Watershed, 4905 Permit(s)# 03-2138, Reimbursement of; Escrow and Overtime Park Ridge Blvd., Boynton Beach. 03-2139, 03-1698. Partial Certificate of Occupancy Inspections Escrow. To Whom It May Concern: PARTITAL CERTIFICATE OF OCCUPANCY ESCROW FEE. Please make arrangement to refund the one thousand one hundred dolla.rs ($1;100) that was provided to the City as part of the terms for the issuance of the Partial Certificate of Occupancy. Attached are copies of the Certificates Of Occupancy that have now been issued for the referenced permits. OVERTIME INSPECTIONS ESCROW FUNDS. During the projects cons'truction, Codina Construction Corp" (CCC) placed in escrow with the City funds for overtime permit inspections. As the project is now completed CCC is requesting the refund of the balance of those funds. Please make checks payable to Codina Construction Corp., C/O John Elletson a.t the address noted above. Thank you for your assist.ance in this matter. Elletson EXHIBIT" A" CITY OF BOYNTON BEACH P.O, BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY Issue Date 11/10/05 Parcel Number . . Property Address 08-43-45-17-10-000-0482 4905 PARK RIDGE BLVD BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning QUANTUM PARK AT BOYNTON BEACH PL 10 LT 48-B PLANNED INDUSTRIAL DEV. Owner . . . . . THE WATERSHED TREATMENT PROGRM 1000 NW 15TH ST BOCA RATON FL 33486 Contractor CODINA CONSTR CORP Application Number. Description of Work 03-00002138 000 000 CLUBHOUSE/RECREATIONAL BUILDING SPECIAL. CONDITIONS POOL & FITNESS BUILDING FFE 14,6 LAG 13.8 FLOOD ZONE B MAP/PANEL 120196-0004 C Approved ..~ Buil VOID UNLESS SIGNED BY The described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. EXHIBIT "B" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY Issue Date 11/10/05 Parcel Number . Property Address 08-43-45-17-10-000-0482 4905 PARK RIDGE BLVD BOYNTON BEACH FL 33426 Subdivision Name Legal Description Property Zoning QUANTUM PARK AT BOYNTON BEACH PL 10 LT 48-B PLANNED INDUSTRIAL, DEV. Owner . . . . . THE WATERSHED TREATMENT PROGRM 1000 NW 15TH S1' BOCA RATON FL 33486 Contractor CODINA CONSTR CORP Application Number. Description of Work Construction Type Occupancy Type Flood Zone 03-00002139 000 000 COMMERCIAL BUILDING TyPE IV/1 HOUR PROTECTED ASSEMBLY C FLOOD ZONE/MIN FLOODING SPECIAL CONDITIONS AUDITORIUM/CONFERENCE CENTER FFE ~4.5 LAG 13.7 FLOOD ZONE VOID UNLESS C Approved The described portion of the structure has been inspected for compliance with the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. EXHIBIT "C" CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH FL 33425 CERTIFICATE o F OCCUPANCY Issue Date 11/10/05 Parcel Number . . Property Address 08-43-45-17-10-000-0482 4905 PARK RIDGE BLVD BOYNTON BEACH FL 33426 Subdivision Name TIPgFl1 Dp8r.ription Property Zoning QUANTUM PARK AT BOYNTON BEACH PL 10 LT 48-B PLANNED INDUSTRIAL DEV. Owner . . . . . THE WATERSHED TREATMENT PROGRM 1000 NW J.5TH ST BOCA RATON FL 33486 Contractor CODINA CONSTR CORP Application Number. Description of Work Construction Type Occupancy Type Flood Zone 03-00001698 000 000 COMMERCIAL BUILDING TYPE V/UNPROTECTED INSl'I'1'UTIONAL C FLOOD ZONE/MIN FLOODING SPECIAL CONDITIONS FFE 14.5 LAG 13.7 FLOOD ZONE B MAP/PANEL 120196-0004 C WATERSHED MAIN 4 STORY BUILDING VOID UNLESS SIGNED BY ~ fficial Approved The described portion of the structure has been inspected for compliance with. the requirements of the code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. EXHIBIT "D" II! CITY OF BOYNTON BI AClI Applicdtion InqUIry ~L!:U ' , ' Functions Help 11/14/2005 4: 15:57 PM Application number Application status, date Property PCN lot Number 03 ??oo2269 FINALED 4905 PARK RIDGE BLVD 08-4345-17.10-000-0482 11108105 Zoning Application type Application date Tenant number, name Master plan number, reviewed by Estimated valuation 40??oo Total square footage 0 Public building NO Work description, quantity Pin number Application dese PID 51 6/1 3/03 PLA.NNED INDUSTRIAL OEV. SITE IMPROVEMENT PHASE 1 SITE IMPROVEMENTS JP 587033 OK Qit C.@ncel I fees Receipts I -",. EXHIBIT "E" DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 05-180 TO: Bill Mummert, Director ofFinanc~C\ Don Johnson, Building Official ~ September 15,2005 FROM: DATE: SUBJECT: CASH BOND - THE WATERSHED - 4905 PARK RIDGE BLVD. Attached is a Cashier's Check for $1,100.00 from John Elletson. This is a cash surety for The Watershed 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/letters from Quincy, Johnson, Jones, Myott & Williams Architects and check XC: Timothy K. Large, Building Code Administrator Permit File # 03-1698,03-2139,03-2138 & 03-2269 EXHIBIT "F" S:\Development\BUILDING\Memos\Cash Bonds - 2005\Watershed.doc 111 ......~.. OlINCY JOHNSON JONES MYOTT WI LLIAj\A S ARCHITECTS ........ III September 12, 2005 ROBERT E. VAUGHN. JR. COO RODULLO c: ACEVEDO. AlA )/\/',\fS R. WILLIAMS AlA STEVEN E !\\YOTT. ARCHITECT RICIIARD C JONES. AlA. NCARB QUINCY R. JOHNSON III. AlA. MIRM City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 AAC002] 93/1BOOOI ]42 \vww. qu in cyjohnso n, com RE: The Watershed @ 4905 Park Ridge Blvd. Permit 03-1698, 03-2139, 03-2138, & 03-2269 The following is a list of outstanding items that need to be completed prior to obtaining certificate of occupancy. Main Building - Permit #03-1698 Test and Balance Report. Complete electrical panels permanent labels, Auditorium - Permit #03-2139 Test and Balance Report. Complete electrical panels permanent labels, Fitness Center - Permit #03-2138 Test and Balance Report. Site - Permit #03-2269 Paving and drainage as-builts (As-builts completed, being reviewed by Rhon Ernest Jones prior to submittal to the city) ESTIMATED TOTAL COST OF OUTSTANDING ITEMS $1.000.00 EXHIBIT "G" 949 Clint Moore Road. Boca Raton, Florida 33487 . PHONE 561 9979997 . FAX 561 997 1610 5560 Bee Ridge Road, Suite 05 . Sarasota, Florida 34233 . PHONE 941 377 5881 . FAX 941377 5884 ARCHITECTURE LAND PLANNINC INTERIOR DESICN III .0 0 L, ~ ,III i I ~ . 0 200 0 ~ ? ~ I: b BOO 3 ~ b 30 2 3 B 0 2111 j--------------~---------------------------~--~----------~--~-~----------------------- CITY OF BOYNTON BEACH Boynton Beach, Florida 38999 20~ i J f 1 f I '----------------------------------------------------------------~-------------_____J FOR '0 ~~ $ . /; CJ(') - ---., . EXHIBIT "H" ~ ~".\~::"."Q.'~.,\.:.. '0; ,1 o. ; )-', ", ,/~ 'Y ~ "",-. .../"'" / \ 7".;,)' -' 0~: VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORlVl Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Fonn Must be Turned in to City Clerk's Office o December 6, 2005 ~ December 20, 2005 o January 3,2006 o January 17, 2006 November ]4, 2005 (Noon.) o February 7, 2006 o February 2], 2006 o March 7, 2006 o March 2 I, 2006 January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December ]9, 2005 (Noon) February 21,2006 (Noon) January 3, 2006 (Noon) March 6,2006 (Noon) NATURE OF AGENDA ITEM o Administrative ~ Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business o Legal o Unfmished Business o Presentation C::J R -'-'. -. ' ~.:,~~ c~:; .-~Pl en ';:-:: }> en ';(J -;:- RECOMMENDATION: Motion to accept the written report to Commission of purchases up to $ I 00,000.00 for the period of October 24 through November 22,2005. EXPLANATION: A state ofIocal civil emergency had been declared following the impact of Hurricane Wilma. The City Commission determined that is was in the best interest of public health, safety and welfare to temporarily increase the City Manager's purchasing authority for hurricane relief expenditures. PROGRAM IMPACT: Per Resolution R05-187, the City Manager's authorization for expenditures for storm-related recovery expenses or purchases was increased to $100,000 for a period of four weeks FISCAL IMPACT: A temporary increase in the City Manager's purchasing authorization.. ALTERNATIVES; Revert back to the provisions of Ordinance 001-66, Chapter 2, Section 2-56 which limits the City M.nag"', pmch"ing 'U11M"",on to $25,000.. '. J.' ~~ ~~~ epartment Signature ~~{ianager's Signature /~//\//jrVeE. /PURcllfiSlr!fi Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED NOVEMBER 2005 The following expenditures are authorized through Resolution R05-187. This resolution increased the City Manager's authorization for expenditures for storm-related recovery expenses or purchases to $100,000 for a four-week period expiring on November 22, 2005. 1. Vendor: Novoarbor Purchase Amount: $ 23,300.00 Requesting Department: Public Works / Forestry Contact Person: Glenda Hall Brief Description of Purchase: Pruning and tree removal Source for Purchase: Bid #079-2730-04/CJD Fund Source: 001-1211-512-52-95 Hurricane Wilma 2. Vendor: Vila & Sons Corp. Purchase Amount: $ 24,200.00 Requesting Department: Public Works / Forestry Contact Person: Carolina Luque Brief Description of Purchase: Debris Removal Source for Purchase: Bid #079-2730-04/CJD Fund Source: 001-1211-512-52-95 Hurricane Wilma 3. Vendor: Preventative Maintenance Support Services Purchase Amount: $ 57,912.00 Requesting Department: Public Works / Facilities Mgmt Contact Person: Paula LeBlanc Brief Description of Purchase: Fire Station #1 Re-roof Source for Purchase: Emergency Fund Source: 001-1211-512-52-95 Hurricane Wilma 4. Vendor: Preventative Maintenance Support Services Purchase Amount: $ 74,672.00 Requesting Department: Public Works / Facilities Mgmt Contact Person: Paula LeBlanc Brief Description of Purchase: East Water Treatment Plant Re-roof Source for Purchase: Emergency Fund Source: 401-2822-536-52-95 Hurricane Wilma 5. Vendor: Preventative Maintenance Support Services Purchase Amount: $ 99,472.00 Requesting Department: Public Works / Facilities Mgmt Contact Person: Paula LeBlanc Brief Description of Purchase: Public Works #1 Re-roof Source for Purchase: Emergency Fund Source: 401-2822-536-52-95 Hurricane Wilma 1 of 2 "i~.:,'i."i,~~~~~j~11i1i.g.; CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED NOVEMBER 2005 The following expenditures are authorized through Resolution R05-187. This resolution increased the City Manager's authorization for expenditures for storm-related recovery expenses or purchases to $100,000 for a four-week period expiring on November 22,2005. 6. Vendor: Universal Signs Purchase Amount: $ 95,000.00 Requesting Department: Finance / Warehouse Contact Person: Michael Dauta Brief Description of Purchase: Emergency street signs and accessories Source for Purchase: Bid #058-1412-05/JA Fund Source: 001-1211-512-52-95 Hurricane Wilma 7. Vendor: Petroleum Traders Corporation Purchase Amount: $ 33,495.36 Requesting Department: Public Works / Fleet Maintenance Contact Person: Tim Calhoun Brief Description of Purchase: Diesel Fuel Source for Purchase: Emergency Fund Source: 501-2516-519-52-95 Hurricane Wilma 8. Vendor: Petroleum Traders Corporation Purchase Amount: $ 18,850.96 Requesting Department: Public Works / Fleet Maintenance Contact Person: Tim Calhoun Brief Description of Purchase: Unleaded Fuel Source for Purchase: Emergency Fund Source: 501-2516-519-52-95 Hurricane Wilma 9. Vendor: The Komfort Zone Purchase Amount: $ 18,000.00 Requesting Department: Golf Course Contact Person: Freda De Fosse Brief Description of Purchase: Lease of restroom trailer (anticipated for six months) Source for Purchase: Three Written Quotes Fund Source: 411-2910-572-52-95 Hurricane Wilma The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66, Chapter 2, Section 2.56.1, and are now being presented to Commission as required. City Manager Approval: Date: Presented to Commission for information on December 20,2005. 20f2 ~\-r': 0;:;. .' r. \ ( .' \ . t;J \.- ----,'' --f 0\. Ju 1- ~~'" ",' ./~ \~ ~v ';""0' .-..,.,,,"p._ Y 'ON V CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR~l VI.-CONSENT AGENDA ITEM H. Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D December 6, 2005 t:81 December 20, 2005 D January 3, 2006 D January 17,2006 December 5, 2005 (Noon) D February 7, 2006 D February 2 I, 2006 D March 7,2006 D March21,2006 January 17,2006 (Noon) November 14,2005 (Noon.) February 6, 2006 (Noon) December 19,2005 (Noon) February 2 1,2006 (Noon) January 3, 2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM D Administrative t:81 Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D New Business D Legal D Unfinished Business D Presentation C.:J :' I C~) RECOMMENDA nON: Motion to accept the written report to Connnission of purchases over $10,000 for the month of . _ ::~-.'~ .:) .~.-' November 2005. ,,:.) :;;:: ._~~ c:; EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.] Exceptions to competitive bidding, Paragrap~~ wmdf.;: states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execti1e a rrl::: purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, connnodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Connnission at the second Connnission 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 connnodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $] 0,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMPACT: Ordinance 00] -66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of connnodities, 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, and City Manager. AL TERNA TIVES: Revert back to the old bid threshold of $1 0,000.00. 7'~ Y)G1dM:J epartment SIgnature FINI9rV"c€ jPUR.c/.JRSlrlf;. Depamhent Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MONTH ENDED NOVEMBER 2005 1. Vendor: Tennis Technology Requesting Department: Recreation & Parks Purchase Amount: Contact Person: $ 16,000.00 Vicki Robertson Brief Description of Purchase: Routing maintenance/resurfacing of tennis courts at Racquet Center. Source for Purchase: Three Written Quotes Fund Source: 302-4212-572-49-17 Capital Improvements Purchase Amount: $ 21,444.10 Contact Person: Carolina Luque 2. Vendor: Geographic Technologies Group Requesting Department: ITS. Brief Description of Purchase: Annual software maintenance and technical support for GIS Modules. 3. Vendor: CH2M-Hill Requesting Department: Public Works / Engineering Fund Source: 001-1511-513-46-91 GIS-Software Maintenance Purchase Amount: $ 21,470.0l Contact Person: David Stump Source for Purchase: Sole Source Brief Description of Purchase: Investigate and design electrical transfer switches for Civic Center, Art Center, Senior Center and Public Works for a 125 KVW generator system; design and reconstruction of an auxiliary generator building at the Civic Center. Source for Purchase: CCNA Fund Source: 302-4111-580-64-02 Capital Improvements Purchase Amount: $ 11,498.00 Contact Person: Tony Lombardi 4. Vendor: Chaz Equipment Requesting Department: Utilities Brief Description of Purchase: Rehabilitate two manholes at Lawrence Road and Miner Road. Gases have infiltrated and deteriorated the walls of the structures. Source for Purchase: Piggyback - Delray Beach Fund Source: 403-5000-590-96-04 CIP - Sewer The purchases presented in this wri ten report were approved in accordance with the provisions of Ordinance 001-66, Chapter 2, Section 2.56.1, and are ow being presented to Commission as required. City Manager Approval: Date: lOZ - :2-=3- ()~ Presented to Commission for information on December 20, 2005. 1 of 1 VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office December 5, 2005 (Noon) D February 7, 2006 D February 21 , 2006 D March 7, 2006 D March 21, 2006 January 17, 2006 (Noon) D December 6, 2005 D December 20, 2005 ~ January 3, 2006 D January 17,2006 November 14,2005 (Noon.) February 6, 2006 (Noon) December 19,2005 (Noon) February 2 1,2006 (Noon) January 3, 2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM D Administrative ~ Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans c:-,') rCl D New Business C) I D Legal C~-\ D Unfinished Business D Presentation l.'-? --~-~ CC) ~.'ln en \:?. ~-;. C.-" , '0 RECOMMENDATION: Motion to approve the "WATERSIDE VILLAGE P.U.D." Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Surveyor and Mapper). EXPLANATION: The annexation of the land for this project was approved by the City Commission on August 30, 2004 via Ord. No. 04-055. The record plat review for this project commenced on November 10, 2004. Several plat preparation changes not withstanding, staff now recommends that the City Commission approve the proposed record plat as presented subject to final signatures by the City Engineer and Mayor. This record plat is located on the east side of Federal Highway at the southern corporate limits of the city. PROGRAM IMPACT: The proposed 113-unit townhouse development will continue to be delayed until the proposed record plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed record plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commenced after the issuance of the LDP. FISCAL IMPACT: None AL TERNATIVES: The proposed development will continue in abeyance until the proposed record plat is received in ;.'~t.ab]:;':' and. t.h..,., .' '... nn<:ot;nn Plan.~...~. a,ve ~"n app<Dv,d fm ~mllttmg4. I ~ \ "/ (,t. C{; ,/ \:> -tC ~ .j t: L . i;? J [: ( (C\ DepaI;tfnent\f!ead's Signature City Manager's Signature . I t Public Works / Engineering Division Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 0: I:: . o :::) a: "...1,.<"..1. IiIiiiI tt~... \J ~.:."."". ~ j ~ ~.".' ~ ...,1". ~ o CiS ex: w ~ <( ~...." ~ ~. li..<( .....IW ~ ~ NV:HOO 31.LHVitlV co m, ~k ] ] - ~ ~ I ;'VMlI3!VM 1Yj,SV<XlV~NJ '1 a.. <(W ~-.J <( ~O ... (/) 00 ~I- g 'I""'""" I- <<0 (JZ ..--= () . .' . ...J .(iiM~iit:iliii<iCt.io I '~'l5' .... -, - ~. .1."...'......'.....'..'''... '. 'I"'. ,~.'.. ....,. ~ : ~.\ ~~: : Y \.;, .., \-. :''',' k....... ,..."....,,,..,... ."".",.! "":111,\:.:,,,,', .",'[ ~ ""J'., "'n', ,,.. ,~\-r :'~2~" t . ~ i \ t- 1- Cl " J ,~ 0\ IV j--.'./j '\'" ~- _.~ i'QN \) VII.-CODE - LEGAL SETTLEMENT CITY OF BOYNTON BEACH ITEM A. AGENDA ITEM REQUEST FORln 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 December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) [8J January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21,2006 (Noon) D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NA TURE OF [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 \,0 .1 1""-' :-:J ~"" I';:; RECOMMENDATION: Approve the adjusted and agreed upon damages to residence of Dawn Morgan, in Boynton Beacn, Florida, in the amount of$30,749.28. EXPLANATION: On July 17, 2004, this claimant sustained damage to her home resulting from a sewer backup. Staff investigated the incident and found that the blockage occurred on the City side of the lateral line. An outside adjuster was brought in to conduct the claim. He brought in an outside general contractor who provided an estimate of$21,632.79. The claimant would not accept this estimate. Further handling of this claim was delayed by the claimant due to hurricanes in 2004. In March 2005, the claimant obtained the services of an attorney on this claim. Further discussions ensued between the attorney and the adjuster. Agreement could not be reached. The City authorized the adjuster to secure the services of the City's environmental consultant. He visited the location and reviewed the original estimate. He revised the estimate up to $30,749.28. This was presented by the adjuster to the claimant's attorney. Claimant agreed to this amount. PROGRAM IMPACT: Litigation settlements and judgments of this nature are part of the ongoing responsibilities of the Risk Management Department. FISCAL IMPACT: Settlement will be charged to the Risk Management budget expenses. ALTERNATIVES: Failure to approve settlement will result in claim being litigated. Value of this case at trial is estimated in excess of$50,000. Additional defense trial legal costs are estimated at $15,000. ent Head's Signature RISK MANAGEMENT Department Name CJM/Claimgl/MorganDO I.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .@ Gallagher Bassett Services, Inc. November 23, 2005 NO" 2 8 City of Boynton Beach Attn: Charles J. Magazine Risk Manager P.O. Box 310 Boynton Beach, FI. 33425 \RE: Claimant: Claim Type: Our Client: Claim#: Loss Date: DaWl Morgan Sewer Backup City of Boynton Beach 001470-000129-GD-01 7-17-04 Dear Mr. Magazine: This will serve as our request for final settlement approval on this property damage claim involving the backup of sewage into the claimant's residence on the above date. Your office assigned us the claim on July 19, 2004, and we subsequently inspected the property the same date. It was determined that the City's side sewage had backed up into the Morgan residence and a second one with minor damage to the McGilvrey residence on the west side of Ms. Morgan's home. Damage was extensive and sewage was present in the majority of all rooms in the home. After scoping the damages, at the owner's request we contacted Southampton Restoration to provide an exact repair figure. Their initial repair figure came to $21,632.79. Subsequent to their inspection the homeowner disagreed with the repair figures and repairs were never initiated due to her reluctance to accept the figures, as well as interruption due to Hurricanes Francis and Jeanne. She also engaged legal counsel Jason Dollard to represent her. We recently had our environmental specialist Dr. Robert Scarry of Rogina Inc inspect the property to try and resolve those items Ms. Morgan requested be covered. After the inspection several supplemental items were approved including a dishwasher replacement, 2' of cut out drywall, and cleaning of ac ducts and removal of flexible ducts. The total estimate with the supplemental items came to $30,749.28. The claimant and her attomey have agreed to this amount, we also would recommend settlement and believe it is in the City's interest to resolve the claim at this time. Yours Respectfully, if tAd, J ~ -'h~~,,(/ l./f ~ene Montfort Senior Claims Representative P.O. Box 18219 VVestPalm Beach. FL 33416 1-561-640-4443 X202 Fax #1-561-615-4449 ~~;..9A.. ~. ~ ~ 1 . ~ 0, J ~ I i Southampton Restoration, Inc. 5555 Vil~gc Boulevard West Palm &ach, Florida 33407-7910 ('lCllcml Contl'ilcto~ CGC047237 1'ype of Estimate: Sewage Back Up 1I"~ .~~'~t1'~ '~oI ;Y:.';:'\~~.f~;~~(::~' - ~ '.-J ~~~"#~~~:~~.~:;:i:~?~~~:~~~.t~:' .:: '~":r' L.oss: !lO93 Canna Drive Doynroll lkach: FL ~3437 Home: (561)742-&142 Office: (561) 54&-3924 almnur: Lany Palumbo Title: President I Qualitier I3usiI\e~s: (56]) 687-0505 xJ02 Fax: (561) 640-6081 Fmuil: Ipalumbo@sollthllmp[oninc.com Reference: Gene MOnTol't Title: Adjm:tcr Company: Collagher Bassell Scrvic\:~ Bu~in~!l: (561)640-4443x2W Fnx: ($61) 61S-444!) au~ mess: PO! t Ofike 130x 18219 West Pulm Beach, FL 33416 l:N.tc Entered: 11/15/05 Es(inlJte: GBS.MORGAN-REV Une Item TOlal Pennit Material Sales Tax Sublotal Ovcrh~ad Pm lit ~ 6.500X, 1 0.,341.29 23,990_45 750.00 672.18 25,412.63 2.541.26 2,795.39 10.00:/0 . : :...,..,:~: Per your roquC5t, I have revlewtd the repol1 prepared by Ragin... Inc. specific [0 the above mentioned loss and have mvi'led the following ~SCOPE O~ WORK" to ret1~llhc ih:rrtll ~ :4p<..'Cificd to ~tore the property to pre-loss condilion_ Thi<l ~tin'Qte hils been 5 ubslanrialJy fonnulated ba~cd upon nun-dc~tructive observatIons only. Only (he i[~mIIiMll:d IllC included in this breilkdown. All item~ ate subject 10 vc:riflCulion and approVlll prior to c:oll11'ltn~nr ofwotk. AJthou~h the intent Of this d<x:um:nt is to be a thorough as possible, we reserve the right to re-evaluate pOSt demolirioa. Rcplliror rcplllc"~nt tlS specified is ~oul considcrnlion tOr building code upgrades or requirerrenls. All replacement C:Ollts arc fbr L1Kl!. KIND, & Ql.IAUTYto nutch pre-existing. As you are nware we are ovcrwhclm:d with hurricane related work and will not be able lo produce th is --1?rojcct at IhL~ ti~. I~~?~ have .my Questions or requ ire addilional documcnti$tion. ple3se do not hesitate to conracr nle_ dge',o ~o ~I ^O~~ T . d L.80S-0.,S rISS) uo~elwel.4~nos GBS,M ORGAN.REV 9093 Camul Drive Room: Living Room IH' y, ! 0, L IJ V 'j U : V':II-IIVI Southampton Restomlion, Inc. I'~f " 'f . J ,c~ :. I ~ ~ I )' - IJ'- .,..---... I~~ .. f i L>wIroQ Roaoft. f I :' I ~'Il'" f " )~ , L 11/ 1.512005 506.93 SF Walls 749.60 SF Wll.lIll &. <.~eilin.s 26.09 SY Floorln~ 61.11 LF C'-e n. Pe rin'1Cl.::r ;., 3'7"' I -'1".~ ~ Wit';'" -'I ..-7"'--4 24267 SF' Ccilin II 2)4,KJ SF Ploor () 56.&3 LF Floor Perimeter ,~\(..~~,.I~;~'~~'~ .-:~~~~:r"<.'..:~~~ . '. ..:.":.::.~.'..: ....:...:...;:-~.~-+ .....:.:..~.-.... '.'_.,:;\:".:-..?;';~~~~";'."'~'...;...f~~"ii~'~~~~:r~":,t;.~,.:~/";~,":'.. ;(;f:\~~r~'.~.~.l 1. + HlItldle room eOlltCDL~ (b~a'1) 2. & R&R 111" dr~lI. hUD~. tlI~a. smooth ~Il fini:'lh (Al' 1Jr~) l~rimt1ter) 3. + CllcnlicaJ c10un \WII c;mty (2' up@ IlCrimaler) 4. + SClII cllcopudllt<l ~I CU~l)' (2' up@ ~rhnC'ter) 5. &: R&RBaUin.'Iulatil1n- 6"~RI9(cxlcriol"_1I2' up) 6.. Rcmtl~ Raselxlltrd& shoe molding 7. - Remo~ Laminate Wood Flooriog 8. + Slab mikJM:idinK. deodnri7.:illion aud ~h:Rlljll" Y. + LmninW! Wood Floorin~ J O. + Ba$tbo~nd 11. '+ Quarter round- for ~nuf)rl~ 12. + Scal/prime the ~llls - umn:nat 13. + Painttlu: ""lis 14. + Prime & p;l.iJlI hu"bxml 15. .,. Paint mor & jamb - 2 CQ2t (pcr sioo) 1.00 RM 5~.OO $~.OO 113.67 SF 2.80 318.27 J 13.67 SF 0.2 I 23.81 113.67 SF 0.42 47.74 56-S3 SF 1.50 85.25 56.83 Ll" 0.20 11.37 %34.83 Sit. (1.51 Jl9.76 %34.83 FA 0.25 53.71 234.83 SF 6.52 1.531.1 J ~6.tl3 LF 1.89 101.41 ~6.83 LF 2.42 137.54 506.9.3 SF 0.26 131.80 506.93 SF tM4 223.05 56.83 LF 0,(16 37.51 1.00 FA Z3.2.2 23.%% 2.911.61 Ruum TllC:Ils: Li..;nl! Roonl ~i".'-I--',r -I ~'8'" '\l ~r7l"~ . ;11 ~~ ~~_ l! ]11 .... _~ 3"~ t __10" 1 3'!r , I Room: Kitehen 386,67 Sf Walls 538,92 SF Wall'! & Ccilin~ 16.92 SYFlooring 50.83 U~ Ceil Perinrlcr )5225 SF Ceiling 152.25 Sf floor 47.83 l.F Floor Perimeter I. + Rc!mo\lt. wr.)~ bGx alld reset ~ileJJI:n cabinet contents 2. + Slab mildit'idi 02. deodorization anti r:Je:min~ 3. & R&R 1/2" drywaJI- bUlIg,Ia~d, smootb mlll finisb (2' up~} ~rinl~b:r) 150.00 0.15 2.80 J 50.00 38.06 Z67.)j7 ~."~~~?r';"l;':~~~'~~- It't"': r,,~-::':. .~ ;':~"I' " I I," ....f... (I::': I),awn Morg..n (Clliim:.mt) 2'd LBOS-OirS (195;) . !:~.:' :.:--.~~:.f.:,/....~.... Page: 2 uo~dwe4~nos dSE;i-O SO St (\01-.1 11 U V, I (), L Ij Ij ') I Ij : Ij:l lilYI NO. ,:: I ! I. j Southampton Rc~(Oralion. 1m:. 11/1512005 CONnNlJED - Kitchen ~:~A~: ~,.\-..;:.; :':'~'~-.:-'.-: "~~:':".. . . . . ..:'", ~.: r.' ", ,,"".. . ..:~ti}~t<~':.: :...... " "~:tj;'ti'-r-;-~;,,,,;~:',," '. _: .. ;'.."~.~;'~~' " 95.67 SF 0..21 20.09 95.67 SF' 0.42 40.1~ 47.83 Sf I.~O 71.75 1 .. .50 LV 186.36 2,702.22 Z.OO E-\ 89.63 179.26 15.00 U' 172.63 2,589.45 J6.50 LF 9.63 I 58.9(J 1.{)(J F J\ 77.00 77.00 J.OOM 82.69 82.69 I.()O FA 380.24 380.24 1.00 FA 6S.50 65.50 1.00 l:A 92-50 92.50 1.00 FA 32.32 32..12 47.83 LF 1.89 90.40 386.61 SF 0.26 100.$3 .386.67 SF 0."4 170.13 J .00 FA 23.%2 23.Z% 14,50 ~f 7.61 II 0.35 7.442.66 4. + Cbrmic:al de-All ~II cavity (2' IIP@ pt'rimeter) 5. + Seal enca~ulDte WDII ~a~l)' (2' up@ JlI1rimeter) 6." R&R Batt inS"hUiOIl- 6" - RI9 (llxre~ior w,)1I Z' lip) 7. + Cl1blnetry-l<mcr (bl'" II) unJL'f - OItk R. + Cublnetry - nnl,~d end plIn~l~ 9. + CWlletry- upper (~JJ) uniL.. -frdk (to mstch llllsc cabillets) JO. -+- Cotlntcrtop- flat laid plastic IlUDinate - Detach & reset J 1. + Siuk - doubl~ - Detach & rent 12. + Sink plumbinJt - detach l.~ raellnlp". stope. &. tonllcctiOll~ 13.,~ R&R l)ish~l1cr 14. + Rcrrig.enllur-Remo\C & rcut IS. + Ran~l" electric - RcnlC)YC & rOIllQt 16. + Ibn~e hood- acln<wc & reset 17. 'j. Baseboard 18. '/" Se:tllprimc: the w.dl!'l - om: coaf 19. .,. PniJlUhc mllb ZOo + Paint door.i. jll~b. hoot \;~:,r :,.idt} 21. -+- Ccrllmh.: tile b&.,,~ @) cllbinct toe kh.:kll Room TotIls: KJtehcn Room: IUD 308.00 srr Wlll~ 35217 SF W;1lls &. Ceilins 4.91 SY Haoring 38.50 U" Ceil Perimeler 44.17 Sf Ceiling 44.17 SF Floor 38.50 l.F Floor Perimeter 1. & R&R 112" dr)'"D1) ~ hung, blpCd;smooth w.1l1 finish (Z' up@ Jrrimeter) 2. + ~hC!lDjeaJ ClC311 Wl\ll eawty (2' up@ perirnder) 3. + Seal CDClIptulahl w.tll cavity (Z' IIp@ periDll:lcr) 4. & R&R BlItt Ins alation . 6" - RI9 (cxl~rif.)r ~II Z' up) 5. - RcmCMl Doscboard & llhue nmldln~ 6. - RcIIJO\e Laminate Wood Flooring 7. + SI:Jb miJdidding, dcoOOri:tatioD :tIIlI cJc:Jnln~ 8. + Wwl.inatc Wood F1oorin~ 77.0081" 2.80 ZI~.60 77.00 SF 0.21 J6.17 77.00 SF 0.42 32.34 38,sO S, 1.50 57.76 3~O LF 0.20 7.70 44.17 SF 0.51 22.53 44.17 FA 0.25 11.04 44.17 SF 6.52 287.97 Pase: 3 ~.)>,..~.~ -, .,:I~~:~~t,.~:.~;\"':';;'iTJY~ I ' Dawn MOI'J.:Qn (Ckll1rrant) g'd LBOS-O"S rISS) l,.Io~clUle4~nos dLE:70 SO SI ^O~ I ~ v v. I V, L \) V ) ! V ' 'J 7 Ii I ~I SOllthamplon RClItor.ltion, Inc, CONTINUED p Hall 11/15/2005 ~~~";~?;..":=t;;~~,t-.::L; :..,.::.:: ."" "_" .' OR ...:'~ ;:~ . . . '.~:: ....~, :.-":~:"::O;c- :.~ "O~'"~'~' ~~.~. .::~.:~,.:'""~ ::~<<;~~~.i;~f:,~~~Yi:~:_...;o:;;-~:-~~~:~~.f~.rt')'t.~".:-':;:-;..:,;::t,...,tAsr'-:":((~~i,ri~"'.l: 9. + lWeboatr~ ) O. -to Quurwr round. for \\nOd f100rin~ II. + Selll/prhillHhinloatL. - one: coat 12. + PaiDl tbC1 WIllis 13. + Prime: & ptint Imehoard 14. + PaiJJt door &jamh-2 c:oat(pcr side) 15. + Painthifoldduorsef-slltbonly-2 coat{pcrsi~) Room TUl:Ihc: Hull ... 1:"1I------.~ Room: G~st Bcd I t'r 438.67 SI" W nlls 542.08 SF Wlill$ &: Qlilln~ 11.49 SY Flooling 54.83 IF Ceil. Perimeter ~ r I Lr _1IfoI 38050 LF 3~.5U LF 308.00 SF 308.00 SF 38.50 LF 5.00 Ei\ J .00 FA 1.89 2.42 0.26 0.44 0.66 23.22 22.95 72.77 93.17 80.08 13$.52 %5.4 t 116.10 22.95 ~- 1,197.11 103.42 SF ~i1ins 103.42 St. ~'Ioor $4.83 ~ Ploor Pcrirrctcr ',!:,~'(:. ~ . :",:r.~'~:';:::"' "'~.~f.. '. ... . . . . .~.j. 0..1-.';". tI;:......i:.: :;.,.. . ~:'):'';:'.~'~~-;''l'~~ .:.::..~ o;'o:~.o~~:::;':~..:'''' r~1~!I ~';;~:~:;.T~~;i~<<to~~ ~-.:- ::-~~ ~~~-J. si tQ" ;~"r.i..:::. 1. -to HaOOfe room (ootcdL'l (IM::.\')') 2. &. R&R 11%" cJry\\DlI- hung, taped, .mootb ~II finllfh (2' IIp(ij perimeter) 3. + OlClulieal dean w..dl ClJ~ty (Z' up@ pttimctcl") /4. -+- Seal eneapnllatc ~I tllYily (2' up@ Jlrrimetcr) 5. & R&R Bllllinulatiun - 6" - Rt? (exterior wall Z' up) 6. - ~mow Ba~cboard& ,hoe JhOIeJillg 7. - Remo~ l.nmlnaftl Wood flooring 8. T !ii lob mlldi~ldln~~ doodoti:l:lllion l\nd c1elUllnjt !J. + lAtmlnate Wond flooring 10. + BascMard It. + Quarter round - for wood Douring J 2. ;- Seal/pOint the wdllll - IJIH1 f;l}'olt JJ. -to Paint the w.>>lJ_ 14. +~ PrllUt &: ~iOl h\.'ulbottrd IS. + P',lh,tmor & jamb~'2 cO$t(pc:r sj(Jo) 16. + PaintbifoJddoorsct-~labonJy-2 coat(~r!lide) I.CO RM 55.00 55.00 109.67 SF 2.80 307.07 109.67 SF 0.21 23,03 109.67 SF 0.42 46.06 S4.K3 SF 1.50 82.25 54.83 LF 0.20 10.97 1 ()3.42 Sf 0.51 52.74 103.42 EA O.2! 25.85 103.42 Sf.' 6~2 ()74.28 54.83 La:' 1.89 1 0).63 54.83 LJ: 2.42 13Z.70 438.67 SF 0.26 J 1 4.05 43S.67 SF 0.44 19J.Ol $4.83 LF 0.66 36.J9 1.00 fA 23JZ %3.2% 1.00 FA 22.9S "$.90 J,92S.95 Room Twls: ('oUest Bed l~wn MOf"'Jlin (Claimant) v'd LB09-0v9 r19~) Page: 4. uo~dwe-I../~nos dLE~ =VO ~D 51 r'\Ot.l Nov. 16. L(}I}~ 11): 11}A~ Southampton Restoration, IIlC, Room: Den ~II). J j 1 ~ u J 11/15/2005 44S.33 SF WaIL'! 55/1.28 SF Wall" & Ceiling 12.55 SYF'loaring 55.67 LF Coil. Perimeter 112.94 SF Ceiling 11294 !iiF Floor 55.67 Lf floor Perimeter :.\:..::: "-:\. :~;:""""i.7:.\:"':\:. :'RM':. . ,..... .... . . n. " OM' -::.~ ',:,::'.:~- :....: 1 ! :''''M~' ":'.M-. >!..~..~ ,.,i.. '~J;"r:;l' I~:;";; M;~~~~'?-~~;W:~~~~.~'~ ";.~:.;".. . ::;~';~:":~~~'.~~~.:. ;', I. + HamIll! rOOO1l:unlenb (bc~n,.) 2. & R&R 1/2" dr)'\\UIJ - hun~. taped. 5mooth w.dl fin;llh (21 IJp(i) ~rinlCtcr) 3. + CIMllUi~lIl d~un ~II CD\1ty (2' up@ ~rtmctcr) 4. + S~dJ en~plUlnlc lltlll ca",l)' (2' up@ perimeter) S, & R&RBattinSlllatioll- 6"-RI9(l!xtllriorwafl2' PI>) 6. - fWmow 8115cboard & silO!: molding 7. - Remo~ LalDiuhl Wood Flooring S. + Slab Illiklk:idin1t. c2odor'7.Dtion and cleaning 9. + Laminate Wood F1oorln~ 10. + B8lI.boord I J. + QUllt":.- round. CDr ""JOd floorioJ: 12. + S\."dl/,.-ime the ~1I5 - one coat 13."t I'ainttbc walls 14. + Prime & paint In~cboord 15. + Paint door 1,,\ jsmlb - 2 coat (p.:n~) 16. + PAiotlliroltJtJooOOl-lCh'~()DIY-2 \':oot(pcrsidc) Room TOlllb: Den R(lom: H Bath I.OU RM 55.00 55.00 tII.J3 .s F 2.g0 311.73 111.33 SI" 0.21 ;Z3.,J 8 1I1.J3SF 4M2 46.76 5S.G7 SF 1.50 83.50 55.67 LF 0.10 II .13 1J2.94 SI- 0.51 $7.60 112.~4 IIA 0.25 28.24 llZ.'4 SF ~.s2 736.4Q 55.67 LF 1.89 , 05.11 55.67 LF 2.42 134.71 445.33 SF 0.26 115.79 445.33 SF 0.44 195,95 55.67 LF 0,66 36.74 1.00 FA 23.22 23.22 2.00 I!i\ ~:Z.95 .cS "'0 - 2.011.26 198.67 SF Walls 235.75 SF Walls & Ceiling 4_12 SYFkJomg 24.83 LF Ceil Perimeter : ~ .'.\.;;'~~~.~f;~:/!>;~t~~~::':""'::I':' ,. ....:.."....1.., ...1' ..'.. '. . "', : '. ~f'ol.'.". . J~;f":~ j"~ I" ..... . I. + RCdJO~ Ilndlog wnyl f1Of)r 2. & R&~ l/Z" drY'IRlI-lIung, taped, ;unOOU. WIll fini'lh (2' up@) p:rimcter) 13. + Ckmic:1J clC111n w..U t~~ty (2' ",p@ perimerer) Dawn Morgan (Claimant) S'd LB09-0-v9 rI9S) 37.08 S..' Ceiling 37.08 SF Floor 24JU IF FlQO.. Perimeter - jP o~~ ~.t\ .~.. 37.08 SF 49.67 SF 25.96 139.07 49.67 SF 0.21 to.4~ P:J,g~: 5 uo~dwli!'L1~nos aLE :t,o so S 1 I\O~ I~ov, Ib, LVVJ IV: IVAIY! I~ 0, J j I \) SQulhll.rl'lpton Rcstornti('In. Inc. I J 1151:1005 CONTINUF.O -ll Bath I';,.~;~:::~.~(;::::'::."t::~'~' . '. ~.~',~. .',~: .\' ~ "I . .,;'.~.':-.'. ",: ".{'I':.., t '.~...~. . 'pI~J\'''"';:'t: -,' J..~'.: ,",:,,: :!"~';'~~\Kf ~::>":o:~~s,(\f?~.::"~t:j;.,~i~~-:...:.:tJ,.~!~:~.: 1~Jl:'t:. .,,~.~~~':- Room Tnllll!i l H Bath 49.67 SF 0.42 20.86 14.83 St-" 1.50 37.~! 37.08 FA O.zS 9.27 37.08 SF 1.92 108.28 1.00 EA 117.54 IJ7.54 2.00 LF 12155 243.10 1.00 &\ 82.14 g2.J4 1.00 FA 8Z.69 8Z.69 10.01) LF J.9! 19.50 119.Z0 SF 0.26 30.99 J 19.20 Sf 0.44 S2.4S 1.00 ....,A 23.22 23.22 S..'i6 S (4' 2.92 16.24 t,o Ill,99 4. + Se31 enc:apllulate ~II CI"'Uy (%' up@perin'W!tcr) 5. & R&R 811ft InsulAtion - 6". RI9 (ntl!rlar _111' IIp) 6. -+- SJabmildiciding. dtodoriz.'ition anddeani~ 7. -+- Vinyl floor ~o"ICring (sJw~t goods) 8. + Toilet - Detach & reset 9. & R&R Vanity 10. -t- Sink -,inlIlc-Dctac:h& rUlI"t 11. .;. Sink plumbina. detu<:h &. r,",ct trl*ps. stops, & tonnlldilln~ 12. + Vinyl Bus\! 13. + St!~/prime part oftlK walls - Ont cCTdt 14. + Pa.intthe woIlls 15. + P-.sint tbnr & j<J1J\b- Z coat (per sica:) 16. + Waoitl! Jt~m. Yinyllloor cO'YCrin~ (!lh"~t \:(J()();) Room: MaHterBed 756.00 SF Wlllls 950.06 SF Walls &. Ceiling 21.56 SY Flooring 94.50 L.F <;:eil. Perime1er 194.06 SFCciling 194.06 SF Floor 94.~ U' 1"loor Petinctcr i?'it,": ',"':-$:.' :~'~~"'~'"7;;;;\.:. ;...... 1.00 RM S5..00 55.00 189.00 SF 2.80 !Z9.20 J89.00 SF' 0.21 39.69 189.00 SF 0.42 79.38 94"SO SF 1.50 141.76 94.50 LF 1.89 178.61 194.06 SF 0.70 135.84 194,06 EA 0.25 48.51 194.06 SF 2.92 566.64 94.!0 IF Hl9 J 78.61 756,00 SF 0.26 I 96.56 756.00 SF 0.44 JJ2.64 94.50 LF 0.66 62.37 Page: 6 I. + Hundle room contents (hea\/)') 2, &. R&R 1IZ"cJl'Y"8lJ-bunv,lIapl!c1,llmoothMlltlnish(Z' up@ ~rhnetc:r) 3. + Cbc:rniraJ ~Jcan wdlll::nity (21 IlP@ ~riJtlclcr) 4. + Seal encap'llllatc VoaJl u~ly (1' up@ p:ri~ter) 5. & R&RlJattinsuhlliun- 6"-RI9(e"teriorM1I~' up) 6. + Bl!...e~rtl 7. + RCD1(IW cxisilng \inyl Dnor H. + Sblbmlldlc:ldin(:, <Ioodol'i~tion andcl~:min~ ,. + Vil\Yl noonolCring (shcetg(JO(k) lO. T 8ascboord ] I. + Seal/priml' the w.dl~ - QIlC toot 12. + Paint the mtll:l 13. + I2!ro4l'& !Mint bRllcbol:lrd Dawn Morgan (Clairmnr) 9'd LB09-0v9 r I 9~;) l,.lo~dll.l~4~nos dLE:vO SO Sl "01-.1 IV 0 \f. I D. L \) V ? ! I): I V II IV' Suulhumptc)I\ RC!!>IQ~tlon. Inc. 1\! O. j j I ' CONTlN VED - M aster Bcd . ~c\i7f,:"1::""~~i~1~,.:"~'I,.'~",, ':. "...'01..... l"~l: ......! " , . I ;..~."I. .....' \0:.,', ". 14. + PHintWQr&jamb-2cOAt(pcrsidc) 15. + Puintblfhlddnor~ct-slabotlly~2ct>>jt(p!rd~) 16. + W:a.~te Jrcm - Vhlyl Door eowring (sheet ~~) Room Totals: Mall fer Bed Room: M Bath . . ~i~.("" . :4.;..,y.\ 2.00 FA 4.00 fA 2.9.11 SF 23.21 22.95 2.92 ) 1/1512005 46.44 91,80 85.00 ~.763.05 188.00 SF W ulll/ 220.14 SF WI1IL~ 8:. C:.ellllli 3.57 SY Flool'i'I ~ 23.50 IF Ceil. porirrelcr ... 32.14 SF c.\:Uing 33.14 Sr' floor 23.50 u: Floor Pcrimel~r ~,r~_:-:::". ';:-:' "~:.".~7. "': "'~~'" " . ~...: .:: . I" ..'. " ... ',-- ",- ":':"J'-,::~,,, ,,' . ....- .:,-. .,'t"'~ !"':'.'~"~;:., 'i':;'~,~":~",:~~{,,,~\.:: ~j:I':! '.:~~:~~:~->>,~;I: ;_. 'c" ..::.:.;.,~~ u"-:t~\.'~... 1. + Rernow exisitng \'inyl Door 2. ~~ R&R In" w-y_n - hun~. bp:d smooth 'w.tU nnhch (1' up@ !ltti~l~r) 3. -+- Cltcml<:~ll (lICan ,,"" e.tt~ty (2' up@ perimeter) 4. ... Sell! cl~pluhltu "911 ca\lfty(2' up@perimetel') S. & R&R Battinsulntioll- 6" - RI9 (ellterior WlIIZ' up) 6. + SlabmiJdieiliog. dcodori:mtiun :lnddcRldng 7. + Vinyl floor c(Mring (libc~fgDllli'!) 8. -+- Toilet - DeCllch .& fl.'llct 9. & M,..\R V;Ul;ly 10. T Sink .lIfn~le. ~ta"Ch & rt:ll\:1 II. + Sink phunbhljl - detach & n.':ulllnlJl'. ~~. & cooncttioll); 12. + Vinyl8ase 13. + Sellllp'ilbe p:lrt ofthe ~IL'i - ODe coat 14. + POdiat Ihe 1Qlb 15. + P:.lint door & jftr!lb-:Z ~O;at (per li ide) ] 6. + CCr.\Inie lIlo- reptlr 17. ... _Waste ltc," - Vinyl ROOF c~rlnJ: ($heet goods) RooDl TOOlI!: M Balh - Dawn MOl1:;Bn (CllIimlnt) L'd L809-0v9 rI9S) 32.14 SF 0.10 41.00 $1' 2.80 .$7.00 SF 0.21 47.00 SF 0.42 23.5U SF 1.50 32.14 FA 0.25 32.14 SF 2.92 1.00 FA 117.54 2.00Lfi' 11 f oS! 1.00~ m.14 1.00 Ei\ $2.69 10.00 LF 1.95 112.80 SF 0.26 112.80 SF 0.44 1.00 FA 23.22 1.00 FA 120.00 4.82 SF 2.92 uO'.ldtllel"f'.lnos 22.50 J 31.60 9.87 19,74 35.26 8.03 93.85 117.54 Z43.IO 82.14 82..69 19.50 1?.33 49.63 23.22 120.00 1 4.08 1 ~l 02.08 P<tge: 7 c1l.e:;,o SO gI ""1-.1 Nov. 16. 2005 10:11AM South:lITl))!on Rcstomtion, Inc. R<Jom: Cll.mgc I~ o. J:11 !. 0 11/15/2005 (1,0...,. 568.0& SF Wallo: 802.25 SF Wallo; &. Ceiling 26.02 SY Flooring 66.83 IF Ceil. VerilTelcr 1)'~' . .___.....':l.1~", .....-t 2.14.17 SF C~i1in& 234.17 SF Picot 66.83 U: Fk>!,)r Perimetcr .. . .' t?', "" 1." " J. -I- Jobn<Ik: room cufttentl (heD")') 2. & R&R 1/2" dr)'l\~II- hu~, taped,-smooth mllllini.."h (2' up@ perimeler) 3. + Cb~mil::al dean ~1I C1llity (2' up~) rx:rimeler) 4. + Selll encl'p5 ulatc ~1 Cll~~~' up@ perimt:tcr) 5. & R&R Rall in5ularlod ~ 61' - R19 (~xtcrior ~12' up) 6. + Slab mJldl(ldln;t dcodori:l:l\tion lIIld do.nln~ 7. + Dryer. ReDl()~ &. rc:M 8. + Wll'lhil1~ nwchine -lUmO\lC & rocl 9. -+- 8Meb>>lrd 10. + ScallJrimc the WlllIs - one coat 11. -~ Puint the walb 12. + PO.linl Wor & j;nnb - 2 c~\r(pcr 111 ide) Room Totll1.~: QlI1l~C ...:'"..... ." ...' ~ -.......... > ...... . .........."..J r__';-.r::'..... ..... ",/ " .. >. ',~..."'" 'I ,.r ~.~::.2'" .....""""'"'.....~ ...... ~.r """,,,,,, ..........- Room: HY AC I.()O RM 55.00 $5.00 133.67 SF 2.80 374.27 133.67 SF 0.21 2ft07 133.67 Sf' 0.41 56.14 66.83 SF 1.50 100.25 234.17 FA 0.25 58.54 1.00 FA 19.~ 1 19.91 1.00 FA 22.10 21.10 66.83 LF 1.89 116..31 568.08 SF 0.26 147.70 568.08 SF OA4 249.96 1.00 EA 23.22 23.22 1,261.47 I. & R&R Duel~rk lly:ttem.. bot or coJdllir - up l() 11~9 SFhome :%. + HV AC.. cleAn homBer. (oilll, (bange filter,. and dl:cdoriZe 1.00 FA 1.00 EA 1967.27 384.00 1.967.27 384.00 ft00ll11otal! :..~~ AC Area Items Total: 9U~3 ~anna Dri~ Line Item Total!!: C8S.MORCAN-RI:."V '\'.. 2.,351.27 2~.,9'!.O.45 23,990.45 Dawn Morglln (C!lIilTll1nt) S'd Leos-ooVs (lS9) p."gc: 8 uo~dw~l..4~nos dL€:-trO 90 91 I'\O}.J N0v.15. 2~05 10:1L~M $oulhlLrnplun Rc~wr.stioll. Inc, : ',':;:' .'.... ...... \..." ", -'" -.. -'~ ---,- ,. .~ . . -."::.: .o. .~ . ... & tim:ate: CBS. MORGAN-REV Artn: 9093 Cl\r..m Dri~ Uvlng Roon\ Kltch.n I-blll Cues l Ikd l>cn II Uatll ~lIlcr Bed M Bltth (".arl1~e HVAC Area SubCOfaI: 9093 Carro:a Driw Sublol2l or Ar~~ Overh~lI~ Prolil .(',', ,.: ::..: ~~~.. ~: ~~:::~'-. ~1I: :: I _ _. nu""'TI MOl'Stlll (Claimam) S'd LB09-0v9 f19SJ No. J j I I I. ~ I 'f 15I200S M::':' ...: ....... '-: :r.", ,'. . .",', ,',. 'M.":'." . . . . @ @ '2.9J1.61 7,4"Z.66 1,197.11 1,nS.9~ Z,OII.26 1,018.99 ~7~8.0S 1,102.08 1.161.47 2.351.27 23,990.45 23,990.45 2,54126 2,795.39 9.93% :15038% 4.08% 6.S7% 6.86% 3.47% 9.44% 3.76% 4.3 0 "/0 8.02.;' 81.80% IU.80'Y. 1l.67% 9.53010 ., 10.000/0 JO.OO'/D Page: 9 uo~c1U.1lt~~nos Qee:irO so Sl ^OIJ Il V V. I U. L V V ) I V. I II"1IVI I~ l), ) j I I $o\lthnmplOn Rtslornlion, Inc. 1..1 J I/IS/2005 ....~~.:~... ~:':':" .~~.:~ .~~ ~~~.~'::~~"'-:::'. . R . . '.," ~ -. - .. ,'::.. ... . .... .. ... ~ ~~-: ::{:<,.~:~'~':.,:-::. .~:-.. ~~..... ~.-~,':~:.'.~~:.~~;,;;-~':.:':':~~=: ~- .... .:~~: ~.t :<'::'::':,t_:'~~', I~' .:. .~;. o&P Ue~ ArPL..IANC~ CABINETRY . Cu:ANlNG CQNTa:'J'<< MAN IPULA TION G~F..RAL DEM>LITION DRYWALL FLOOR COVEaINC - VINYL FlOOR COVDUNG. WOOD MNISH CARPENTRY I TRlMWORK HFAT. vmr & AIR CONDITIONING INS ULA TION PWMBINC PAINTING TILE Subctltll Permit Malerial Sales Tax OYcmc.:lId <>/11 1.9!% 19.84% 1.56% 1.38% 2.54~o 7.87% 3.60% 12.12% 3.13"/.. 6.98'YD 2.00% 2.36% 1I.93IV.. 0.75% 78.02% 2.44<'10 @ G.500% 2. 19"Ai @ 10.00% 3.26% @ lO.OOO;u 9.09% ...... Diwn MUT",llln (Claim~nt) P'dge: 10 DI'd ....o~dw~l.4~noS d8e~...o so Sl "OW l.809-0ir9 r19SJ 'lV'. IV' LVV.I IV' t l,tlll 'n ~ i;, ..... ~ ...... u .s t:: .S! i! o S c - f ~ -So ~ ~ 11 "d 1------. ." ... ,. in N "" t:~ <;::.J . .--------JI .o~- -. . . I io .O~ z.. ""',ZL ....,ll~--_._- .8.e E o o 0::: 1:1 I: '$ :J :r .. ... .0 :5 .1: ~ ftS m ::J: --....11-.-.' ~ ". 'e a. m - rn m ~ C) -.~...:.: ~ -.....6 b - .... '" 1 ,...---.. . LBOS-O?S [lS!;) :... '111> .... c CU .c u ~ CD Q l! ~ C9 I r.. ~ ..- .~." ~- N ~ ..I,~-1 ;.. -. 0 It V. .J..J I I I, It C") CD o ~ :. . c ~ 'C CD m ... S (I) ~ :& ~ !2 ---.Ot .01-- - . .'z- uo~=Il,Ua'-l~nos ;;, .. .. I ..... ..... U bl/ If I B ~ o ~ ~ ~ ~ =IBEltrO SO St ^O~ 202 Lake Miria:r 'rive, Suite W~3 Lakeland, ltlorida 33813 Ph (863) 646-2920 Fax (863) 647-0981 www.rogina-inc.com Rogina, InC. 21 October 2005 Gallagher) Bassett Services, Inc. Attn.: Gene Montfort, Claims Adjuster P.O. Box 18219 West Palm Beach, Florida 33416 Re.: Indoor Environment Quality Dawn Morgan Residence Dear Mr. Montfort: '. . . -~.' ',. ......, :: ~ you for permitting Rogina, Inc.) to assist Gallagher) Bassett Services, Inc. 'with the indoor environment quality concerns at 9093 Carma Drive, Boynton Beach, Flonda. The evaluation you requested was completed on 28 September 2005. . " Re~ults of the studies were evaluated by Rogina, Inc. personnel. Copies of . ' ",..Jllateri.als--referred to outside laboratories were included with data collected on-site : for ~tenance at Rogina, Ine.. ';Determinations and opinions formed for this report were based upon data obtained , frQm, cultures, microscopy, moisture level determinations, visual assessments) ;inierYiews with homeowners) and materials prepared by Southampton Restoration 'for Gallagher, Bassett Services, Inc. Rogina, Inc. opines: .,." 1. A sewage bac.kt1ow into the property at 9093 Carma Drive, Boynton Beach, Florida precipitated a request by City of Boynton Beach asking Southampton Restoration to evaluate the effects of the back:t1ow and recommend necessary procedures to remedy conditions at 9093 Carma Drive. 2. A detailed proposal with required fees was developed by southaiDpton Restoration in July 2004. Total fees required to complete restoration of 9093 Carma Drive by Southampton Restoration were set at $ 21,632.79. 3. Partial remediation, albeit limited, included cleaning of floors, removal of patches of flooring and floor covering, and removal of the kick-plates under the kitchen cabinets. 4. Culture and microscopy samples indicated microbial con'bJro11)ation was present at several locations throughout the residence. Though no specific causal relationships of the cont.8.mit\~tion can be demonstrated, it :reasonably might be assumed an inadequate cleanup effort following the sewage backflow was a contn"butor to the inoculums. ........ ............. ........ Ocrober 24, 1005 Page 2 5. Isolated arell$ of currently present moisture in wallboard suggests continued growth is possible regardless of inoculum source or chronology. Rogin~ Inc. recommends the protocol originally proposed by Southampton Restoration should be completed with. a few additional components. The additional efforts would have been appropriate at the time of the original proposal, but were inadvertently omitted. These additions are: 1. Replace the dishwasher. Though continued use of the equipment may provide a '1latura1'. cleaning method. It is reasonable to understand the unwillingness of the occupants to use the dishwasher considering the circumstances. 2. Remove the lower 2 feet of all walls in the residence. Remove underlying insulation and clean the +exposed surfaces with a combined wipe down 1 and vacuum protoco1.2. 3. Clean all components of the heating, venting and air-conditioning (HV AC) system. Flexible ducts should be removed and replaced. If you have any questions or wish additional information please ccall toll free 866-7 ROGINA (776-4462) or locally call (863) 646-2920. Both telephone lines are monitored continuously 24n. Respectfully submitted fOf Rogina, Inc., by ~~s~, ~ ARB), RPlli, CIAQ!', CIAQC, CEC . President/CEO Attachments: Photographic Documentation ,.' I wipe down procedwes imply a damp cloth using a detergent, or whete applicable an anti-microbic solution, to remove contmninating debris from non-porous smmces. Ro8inat Inc., recommends use of trisodium phosphate (TSP) lIS a general detergent Several anti~microbic material5 are commercially available; however, a 10 % solutioo of hypochlorite in water is an inexpensive and highly effective application. Hypochlorite is the active ingredient in household bleach, e.g., Cblorox1M and is frequently used as a disi:ofectzmt in critical areas including laboratories, food preparati~ and research facilities. Prepcu.ation of a 10% solution may be accomplished by adding I cup of bleach to a gallon of tap water. Additioo of 1-2 tablespoons of mild detergent, e.g., DawnTll Dishwashiog Detergent, as a wetting agent is permissible. Care must be taken that no ammonia- containing agent be mixed with the bleach; resulting vapors may be lite threatening: Personnel applying the hypochlorite solution should be wearing eye protection and a respirator fitted with acid vapor filters. 2 Vacuuming must be performed with equipment that will not permit reo-distribution of particles into the air. Filters designed to capture 99.97% of particles 0.3 f.t (HEP A) are required. A second vacuum effort fullowing wipe down is generally practiced. Interfacing environmental and clinical health Page 2 of2 to participate in the public review of your proposal. The agenda for January 3rd is completed. There are a number of key staff personnel handling this matter who are out of the office until next week. Therefore, please be advised that staff will continue to recommend to the City Commission that your case not proceed until the information requested by staff has been received and has been reviewed. Sincerely, Kurt Bressner City Manager Cc: City Commission James Cherof, City Attorney Michael Weiner Esq. Quintus Greene, Development Director Michael Rumpf, Planning and Development Director 12/29/2005 Prainito, Janet From: Sent: To: Cc: Subject: Rumpf, Michael Wednesday, December 28, 2005 9:54 AM Bressner, Kurt; Prainito, Janet Greene, Quintus; Cherof, James Rapido Rabbit Car Wash FYI, we have recieved a letter from the agent requesting that the initial postponement request be withdrawn, and that the item be heard on the January 3rd meeting. The letter was copied and is being delivered for your files. Be informed that staff has not received revised sound data, nor any clarification on sound equipment planned for the facility. Mike 1 MILLER LAND PLANNING CONSULTANTS, INC. 420 W. Boynton Beach Boulevard Suite #201 Boynton Beach, Florida 33435 PHONE . 561/736-8838 FAX. 561/736-8079 December 27,2005 --- - ---.-.----- (,... r--- (.-, ;-t' q '_.,.i) 1 ~~ !~(;~c~;~" Michael Rumpf CITY OF BOYNTON BEACH PLANNING & ZONING DEPARTMENT 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 PLANNING AND ZONING DEPl - Wi \ I J Re: Rapldo Rabbit Cor Wash Site Plan/Condlffonal Use Application Dear Mr. Rumpf: This letter is to hereby withdraw our prior request and ask that this application be heard at the January 3,2006 hearing before the City Commission. We will continue to gather and will provide you with more detailed information on the car wash equipment as it becomes available. Sincerely, MILLER LAND PLANNING CONSULTANTS, INC. ~ D~ Bradley D. ~CP President cc: Michael S. Weiner Esq. Mark Paulino 01/05/2002 00:13 5517425259 Friday. December 16, 2005 4;44 PM PLANNING MLpC 58173e8079 PAGE 02 p.02 MILLER LAND PLANNING CONSULTANTS, INC~ ~r. ~W.~~ SlAte #201 Boynton Beach. AoridO S3435 PHoN! . 561 {73fr8838 F.u _ 561 {736.J!JJ79 oeeernt>er 16. 2005 MichoeI Rumpf CITY OF 6OYNTON 8EACH PlANNING & ZONING DEPAATME~ 100 E. Boynton Beach Boulevard Boynton Beach. R. 33425-0310 Re: RoptdA lobbI Car WOIh Sb PIon AppIIcalon ./ ~ Dear MBce: We are roque3tlng to postpone our item for the CIty commission from Jonuary 3. ~ to JClI"lUtJrY 1 7"'.2006. W. ore ftnaRzlng the sound data for the corwosh per ywr reque$1. PIeCl$8 cot our office if you haVe 0Yrf questions. Sincerely, MillER LAND PlANNING CONSULTAN1S, INC. " ~.~ cc: Mort r-aulno Michael S. Weiner. Esq. Pot TUCker M;\.M ll' C\1'RO~llPdo ~ IUfIlI'h '::ll.09.""'Ptf r~. - "J.. ? ..v~ <20~' C~ ~~ W \ \.,l, ~O -\-~ -\to ",C......J \ M ~ '" ~ 0 \~~~tr('~ ~~, \\ek? \'7 I ~"\-I'/v-<V\. NOT- . I RECEIVED 1 \LNQW"-' ,-\:, IJI) (DC- I~ I Gc 2 0 2005 1 I 0. (.l0'O() !'I cJe.. ~ cJr4L. ICilY M;~~GER'S oFJli'r I -~~--~----~~~..~~.~:",_.:"_:"::~.~J CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 o December 20, 2005 r8J January 3, 2006 o January 17, 2006 November 14,2005 (Noon.) o February 7, 2006 o February 21, 2006 o March7,2006 o March 21, 2006 January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19,2005 (Noon) February 21, 2006 (Noon) NATURE OF AGENDA ITEM o Administrative o Consent Agenda r8J Public Hearing o Bids o Announcement o City Manager's Report '-~l March 6, 2006 (Noon) --" --" CJ r-'I 'i c') I ' ..J \.' 0 Development Plans -- -~-~ 0 New Business \? ':~"12_ ..;~t.. T"'~~ _'':~'''' 0 Legal .-' .,'~- '1 -q co 0 Unfinished Business --fro i:-J~ 0 co f'lo Presentation ....,- January 3, 2006 (Noon) RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Public Hearing. The City Commission tabled this item at the December 6, 2005 meeting to allow the applicant additional time to submit updated information on the planned tunnel equipment and corresponding sound analysis. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-209 and the addendum Memorandum PZ 05-244 with attachments. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Rapido Rabbit Carwash (COUS 05-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Avenue, approximately 275 feet north ofSW 30th Avenue Request for Conditional Use and Site Plan approval for a 4,595 square foot automated car wash facility and related site improvements on a 0.8 8-acre site zoned M -1, Industrial. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: N/ A DeVelOP"",~ City Manager's Signature ~() z'L~ Planning and z<6ui1g Director City Attorney / Finance / Hmnan Resources S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Agenda Item Request Rapido Rabbit Carwash.2 CODS 05-004 1-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-209 FROM: Chair and Members Planning & Development Board ~ Michael Rum;T{O Director of Planning and Zoning Ed Breese ~ Principal Planner TO: THRU: DATE: October 14, 2005 PROJECT: Rapido Rabbit Carwash / COUS 05-004 REQUEST: Conditional Use / New Site Plan approval for a 4,595 square foot automated carwash facility PROJECT DESCRIPTION Property Owner: Boynton Properties, LLC (Anthony Pugliese III) Applicant: Miller Land Planning Consultants, Inc. Agent: Mr. Bradley Miller Location: East side of Congress Avenue, approximately 275 feet north of SW 30th Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (1) / Light Industrial (M-1) Proposed Land Use/Zoning: No change proposed Proposed Use: 4,595 square foot automated carwash facility Acreage: O.88-acres Adjacent Uses: North: Undeveloped industrial property zoned Industrial (M-1), then farther north is right-of-way for the LWDD L-28 canal, and farther north is a residential subdivision (Golfview Harbour); South: Safe & Secure Storage zoned Industrial (M-1), then farther south is right-of- way for Southwest 30th Avenue, and farther south is developed industrial property (Tire Kingdom), zoned Industrial (M-1); Rapido Rabbit Carwash - COUS 05-004 Page 2 Memorandum No. PZ 05-209 East: Developed industrial property (office / warehouses), zoned Industrial (M-l); and West: Right-of-way for Congress Avenue, then farther west is commercial property (Manor Care AClF), zoned Community Commercial (C-3). BACKGROUND Mr. Bradley Miller, agent, is seeking conditional use / new site plan approval for a 4,595 square foot automated carwash facility on a vacant parcel of industrial property immediately north of the Safe & Secure Storage business located on the east side of Congress Avenue at SW 30th Avenue. Attorney Michael Weiner submitted an application for Code Review (CDRV 05-001) to allow carwashes in the M-l zoning district, which was approved by the City Commission on June 21, 2005. As a result, carwashes are a conditional use in the M-1 zoning district, which allows greater scrutiny in reviewing site design, operational characteristics and potential impacts on surrounding properties. Additionally, the City Commission adopted a Notice of Intent (NOI) on April 19, 2005 to provide time for the study and recommendation of the use of M-1 zoned properties, design characteristics associated therewith and possible amendments to the land Development Regulations. A consultant has been hired and recommendations will be forthcoming shortly. Since the development application was submitted prior to the effective date of the NOI, it will not be subject to the recommendations of that study. Relative to traffic generation, Palm Beach County Traffic Engineering in a letter dated February 2, 2005, indicated the proposed project meets the Traffic Performance Standards of Palm Beach County. However, no building permits may be issued after the build-out date (2007). If approved, the construction of the ':>uilding and related site improvements would occur in one (1) phase. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to the site plan, there are two (2) proposed points of ingress/egress to the calWash site (Parcel "8''). The first point of ingress/egress is located on Congress Avenue and is shared with the Rapido Rabbit Carwash - CO US 05-004 Page 3 Memorandum No. PZ 05-209 parcel to the north at the northwest corner of the property. This drive is 26 feet in width and runs in an east/west direction. The second ingress/egress point is an existing drive off of SW 3rfh Avenue/ running in a north/south direction and connecting to the east/west drive off of Congress Avenue. This second drive is the ingress/egress for the Safe & Secure Storage site immediately south of the proposed carwash. Access through this site {Parcel '~J is proposed through a cross-access easement agreement that will be required as a Condition of Approval. The applicant has submitted a draft of the required agreements between all parties/ which has been reviewed for sufficiency by the Legal Department. These agreements will need to be executed and recorded prior to the issuance of the first building permit (see Conditions of Approval). Both driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation as well as that of emergency vehicles and sanitation equipment. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. According to Chapter 2/ Section 11.H.~ no fewer than four (4) parking spaces shall be provided for any non-residential use. However, the Land Development Regulations do not specifically address the parking requirements for automated car wash facilities. The site plan depicts 18 regular parking spaces and 1 handicap parking space. Each parking space has an accessible vacuum cleaner that is shared with the adjacent space. Other than the parking space for the one employee/ it would appear the main purpose for the parking spaces is for the vacuuming out of the vehicle interiors by the owner of the vehicle. The parking area is landscaped on all four sides to minimize noise and also glare from the headlights of patrons cars. The wash tunnel openings have been provided with additional landscaping at varying heights to provide a dense vegetative barrier to the inner workings of the carwash itself and to screen the vehicle stacking and exiting movements from Congress A venue and the residential properties to the north as well as acting as a sound buffer for the mechanical equipment associated with the site. The parking lot lighting fixtures are proposed at 20 feet in height and a staff condition requires baffling of the fixtures in order to prevent glare and light spillage onto adjacent properties. Additionall~ staff recommends that illumination simply be reduced to security lighting within one (1) hour following closing each night (see Conditions of Approval). Lastly/ staff has also required a second landscape buffer to be placed on the north side of the entrance/exit drive off of Congress Avenue to increase the visual and sound barrier for the neighborhood to the north. The residential neighborhood to the north (Golfview Harbour) is approximately 200 feet from the carwash site/ and separated by a vacant industrial property yet to be developed and a canal. Coupled with the proposed buffering/ it is staffs determination that the site plan meets the intent of the Code relative to compatibility and buffering/ based on the landscaping/ distance separation design characteristics/ and also staff conditions involving the limiting of business hours/ baffling of the light fixtures/ illumination reduction to security lighting within one hour of closing/ turning off power to mechanical equipment at time of closing and an increased landscape buffering. Additionall~ staff has requested a professional sound study be performed to ensure sound levels leaving the site will be within tolerances defined within the Code of Ordinances (60 decibels between the hours of 7 AM & 10 PM). Should the study indicate/ or staff determine/ additional mitigation is necessa~ buffer walls have been recommended to be added to the proposed landscape buffer. Rapido Rabbit Carwash - COUS 05-004 Page 4 Memorandum No. PZ 05-209 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. The site plan (Sheet SP 1) shows that the dumpster location is situated near the northeast corner of the site, a minimum of 200 feet from the residential properties to the north, and oriented in an east- northeast direction. The dumpster would be screened with enclosure walls and landscape, in accordance with Chapter ~ Section 10.C3 of the Land Development Regulations. The dumpster location is positioned in such a way as to faCIlitate the efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available for this project 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The Site Plan (Sheet SP 1) states the proposed pe/Vious area of the parcel equals 11,085 square feet or 29% of the total site. The Landscape Plan (Sheet L-1) indicates that approximately 85% of the trees and 74% of the shrubs and groundcover would be native. The proposed landscape buffers contain Live Oak, Pigeon Plum, Gumbo Limbo and Green Buttonwood trees, Sabal and Montgomery palms and a row of Redtip Cocoplum hedges. Additionally, staff recommended the installation of decorative buffer walls in the north, south and east buffers around the calWash tunnel to help shield the inner operations of the calWash soften the look of the vehicle stacking area and assist in the blocking of headlights of vehicles exiting the tunnel, as well as assisting in the reduction of noise leaving the site associated with the mechanical equipment The applicant expressed concern over the look of walling in the calWash and uncertainty as to the ability to place a wall along the east side of the tunnel, in a very narrow planting strip (Staff notes that there are alternative wall materials and designs that, along with landscape plantings, could fit in this narrow space). Staff then suggested working with their neighbor, the owner of the vacant industrial parcel to the north to consider placement of a masonry buffer wall along his north property line to assist in the potential abatement of any adverse views or noise affecting the residential properties in Golfview Harbour. When this vacant industrial parcel is developed, the fact that it abuts a residential neighborhood will require that a masonry wall be installed with any development approval. Instead the applicant proposes to increase the amount of landscape material within these buffers to, in effect, create a landscape barrier. The Landscape Architect has provided typical buffer cross- sections, which depict dense/compact vegetation areas proposed to screen views and dampen noise. According to Sheet L -1, these buffer areas around the calWash tunnel would be planted with two (2) foot tall coco plum hedge, three (3) foot tall cat palms, seven (7) to eight (8) foot tallligustrum and fourteen (14) foot tall live oak trees. These cross-sections are depicted ''Not To Scale" (N. T.S.). Staff, as a condition of approval, recommends that the cross-sections be provided drawn to scale and that the landscape material be installed in a mature/full state to provide instant screening. The City Forester would then inspect project construction to ensure that plant material is installed as depicted in the cross-sections on Sheet L -1 prior to issuance of a Certificate of Completion. The developer has designed the calWash building so that the tunnel openings are oriented in a nolth/south direction, to limit views to the internal operations from motorists driving on Congress A venue, in compliance with the Community Design Plan section of the code. The landscape material as discussed above would also help screen views from this thoroughfare. Rapido Rabbit Carwash - COUS 05-004 Page 5 Memorandum No. PZ 05-209 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The monument sign is proposed to be eight (8) feet tall by eight (8) feet wide on a 1.5 foot pedestal base, with required landscaping. Staff recommends the monument sign be reduced in height to be more in scale with the proposed building, and designed to look less like a large square, by incorporating some of the building features into the design, enhancing the base and adding details representative of the project, pursuant to Chapter 9 (Community Design Plan) of the Land Development Regulations. The sign colors are proposed to be the same as the body colors of the building, Kilim Beige (light beige) and Sand Trap (dark beige), with eight (8) inch aluminum letters painted China Red to match the signage on the building, on the directional signs on the calWash property and the Safe & Secure Storage signs next door. The wall signage is proposed to be 24" high channel letters in the same China Red color. The menu board and directional signage ('calWash entrance/; "exir/ and "do not enter" signs) would also be painted to match the building, with T/ and 4" high red lettering. 7. Required setbacks and other open spaces. The proposed building would meet all setback requirements of the M-i zoning district. The code requires a is-foot front setback, and the site plan indicates a is-foot setback is being provided. This front setback would place the building in line with the Safe & Secure Storage building immediately to the south. A side setback of 15 feet is required on one side and zero on the other. The site plan depicts approximate building setbacks of 55 feet to the north and 70 feet to the south. The code requires a 20-foot rear setback/ and the site plan indicates a setback of approximately 100 feet is being provided. As noted above/ the building has a is-foot front setback like Safe & Secure Storage immediately to the south/ which allows for the parking to be at the rear of the building. Also, by having the building fOlWard on the lot, the stacking lanes for storage of vehicles waiting to enter the calWash tunnel are mostly shielded from the motoring public on Congress A venue. As mentioned earlier in the report, the calWash tunnel is approximately 200 feet south of the nearest residentially zoned property (Golfview Harbour/ and is separated by a vacant industrial parcel and the right-of- way of the LWDO L-28 Canal. As noted earlier, the Site Plan (Sheet SP 1) states the proposed pervious area of the parcel equals 11,085 square feet or 29% of the total site. The majority of the green space on the site is located in the 15 foot setback between the building and Congress Avenue, with the required seven (7) foot landscape buffer and the plantings along the foundation of the calWash tunnel. Other green areas/open spaces occur around the entrance/exit of the calWash tunne~ within landscape islands in the parking lot and along both sides of the north/south and east/west ingress/egress drives. 8. General compatibility with adjacent property and other property in the zoning district. In genera~ the proposed use is compatible with the other automotive related industrial uses within the Congress Avenue corridor (Tire Kingdom, Jiffy Lube, National Transmissions, Ace Auto Repair and Race Part Solutions). Automotive related uses are currently allowed in the M-l zoning district that encompasses this property and runs the length of the east side of Congress A venue from the LWOO L-28 Cana~ south to approximately Neptune Drive. Rapido Rabbit Carwash - COUS 05-004 Page 6 Memorandum No. PZ 05-209 The general design of the bUIlding utilizes some of the same type of building elements as the Safe & Secure Storage business immediately to the south (roof materials and color and paint selection for the body of the building). The principle building and trim colors (earth tones) are consistent with the colors of structures in the general vicinity. The main body portion of the exterior wall area would be painted a light beige color (Sherwin Williams - "Kilim Beige" #6106). The stucco base and accent paint would be a slightly darker beige color (Sherwin Williams - "Sand Trap" #6066). The trim color would be white (Sherwin WJ'lliams - ''Divine WhIte" #6105). The standing seam metal roof and awnings are proposed to be "Hemlock Green'~ These colors would be identical to the Safe & Secure Storage building immediately to the south. The project appears to be compatible with the other uses within the M-1 zoning district The compatibility issues revolve around the residential properties approximately 200 feet to the north of the site and possibly the pending outcome of the study and recommendation of the use of M-1 zoned properties, design characteristics and any associated amendments to the Land Development Regulations proposed by the consultant or staff. Although those recommendations wJ'l1 not directly affect this project it may affect the future development of parcels within the vicinity. As far as the compatibility with the residentially-zoned properties, the carwash proposes two (2) points of ingress/egress to facilitate ease of maneuvering to enter and exit the site, one off of Congress Avenue and one off of SW 3dh Avenue, through the Safe & Secure site. The traffic approval letter from Palm Beach County Traffic Division indicates that the project would generate 196 new daily trips, with the peak hour trips being 14 AM and 14 PM during the busiest (rush hour) traffic times on Congress A venue. The remaining compatibility issues are operational in nature, involving noise and visual effects. The applicant proposes to minimize these effects through the use of dense landscape buffers. Staff has requested detailed sound information prepared by a professional in the field.- to demonstrate compliance with City code relative to noise and nuisances. Staff additionally has recommended business hours of dusk to dawn however not to exceed 7 Pft1, that all mechanical equipment be turned off at the close of business each da~ and that the lighting of the site be reduced to security lighting within one (1) hour following close of business each day (see Conditions of Approval). 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable building height in the M-1 zoning district is 45 feet. The building was designed as a one (1 )-story structure, approximately 29 feet - 6 inches in height to the top of the highest parapet. The building would not exceed the districts maximum height limitations and would be compatible in comparison with the neighboring industrial and residential properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. According to the applicant "There will be no adverse effects on adjacent or nearby properties. There will be positive effects for the City with increased tax revenue'~ Based on its distance to nearby residential properties, site buffering and landscaping, and limits on hours of operation staff opines that there would be no negative effect on nearby propertie~ pending submittal and satisfactory results of a professional sound study. Rapido Rabbit Carwash - CO US 05-004 Page 7 Memorandum No. PZ 05-209 11. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff commentsr the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. In many instances, a typical project may receive City approvals and if complaints were generated regarding the operational aspects of the business, Code Compliance would be asked to inspect the premises to determine if violations of the code exist such as a noise complaint. When the City reviews a project not allowed by right but a project listed as a Conditional User extra caution is exercised in the review to determine its compatibility with neighboring property and its operational characteristics are scrutinized. If additional information is required to help staff determine this compatibility and compliance with City codesr a request for the necessary data is made. In this particular case, staff has requested detailed sound information prepared by a professional in the field.- to demonstrate compliance with City code relative to noise and nuisances. The applicant has indicated they wJ'l1 be providing this information however it was not available at the time of preparation of this staff report. As such we are recommending postponement of this item until such time as the study is submitted and reviewed by staff. RECOMMENDATION Based on the information contained herein and the outstanding data requested and required by staff from the applicant and their consultants, staff recommends that this request for conditional use be postponed until such time as the necessary sound study is submitted and reviewed by staff. 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R'APIIJD JWlBII' cu r~. , = CONGRESS A.IoOtUE BOY1HON BEACH, flORIDA 1002 E NEWPORT CENTER OR. SUITE 101 DEERnELD BEAOi, flORIDA AA COO18?8 PH. (954) 427-8848 fAX (954) 427-9929 EXHIBIT B @@ @ ~ ~ @ @ @ al Ii gal III II- U' ;II ill I. II Iii 'I 'I II JIIII! IJ I !I'; I AI II JII I i I I c . I ~D ---- ~ ~ -.- -:~:: ~ ~ 1; I , I , I , I , I , I t l,i ; 1 ~ J,i ~ ~~ - '- e>i\~ i I <;l I " I @I~ J ~ ~ [d] [d] ~ ~\ ---- :<$P ~~ . ",~"",""1 0 t p~ ~. ~ @~ L.:...~ = ~r1J ~ ~ II J . ~ /" J I-- ) ..../ "" ~ ',,~./I ~ rr . II I<$P J @ ~ ~II \ Ir !""""- ~ B r'~ ~ B :::u ~ /~ (I) @B :::J: IIff ~ !~ J (\) @ ~ r~ . I ~ ~~- 1- .~ @ ~ q) " I (1l ~ <\ll J If -- ~ ~ If ~ B ,..-- r~ ~ B :::u ~ ~~ (I) @B :::J: I-.. .I 1# ~ ~ cb- J ~ fi33 Ir:l) IL ~ fi33 ~ r; 1) II @I<\ll J ~ ,- [d] I~ ~ ln3 ~ @I<$P J ln3 fi33 @ ,;oJ ~ ~ " VJ ~ 1; :11 .,; i I , I , I , I , I I 1==-- -~- I -.--__u . _a____1OI -~_ M_ ....... -- "AlI"'___ ........a Itllt).... -. EXHIBIT B I. !III .'1- ~ . illl P sr ~~ . f I~ to ~I o ::1 , ~ ~~ ~~ ~b 5~ ffi . . IU m' II ii illial ~"Iil II Ii'" liC~. Igill II lie n~1 al~ '" :D 0 -< )> z ~o::!! "'~o ';::e:O ~>:D - (J))> ~iii i ;!!:X:OJ g OJ g =i I~ ..; i ~ ~ 0 ~ i ii I 0 ~ -L Ii ~ .-If I II [ I I , I , I ~ , I , ~II I '"l I 'I' I " IIII II , II I II II II , I 1111 , I 1111 ,I. III II II III I III I III 11'1 III III I , I , I II :E II p II Ul II I I II I --l II ~ c II z II z II [!' G , I II I II II , !I I I' D I i I HI' 1.11 , 1111 I HII III , "I' " I I" m D' () 1111 I p , z I 0 'III ?! UII 111I , illl I 1111 I III I HI 1111 I 91\ I I I I I I , .... ~ I .I Y/4' l U~~Hli , i!i~i ! sills ~ .. R ~ I ! I! ~ ~ a II is EXHIBIT B Project name: Rapido Rabbit File number: COUS 05-004 Reference: 3rd review plans identified as a Conditional UselNew Site Plan with an October 11,2005 Planning &2 d t ki Conditions of Approval omn~ ate s amp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. The plans depict a roadway to be constructed on the adjacent Parcel B, X which is clearly indicated as "Not Included" in this submittal. An irrevocable cross-access agreement between Parcels A, Band C for ingress- egress purposes will be required. 2. Show all off-site improvements required for this project. The proposed X roadway on the north is symmetrical around that property line. Show that the adjacent property owner is in agreement with this proposal. 3. Separate permits will be required from Palm Beach County for the proposed X Congress Ave. curb cut. UTILITIES Comments: 4. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 5. 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)). 6. 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. 7. Water meter size shall be based on the demand for the volume anticipated X for the car wash. Please provide engineering calculations, or any explanation of the demand. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 8. 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. 9. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 10. 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. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. 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 I DEPARTMENTS !INCLUDE I REJECT I ensure that additional comments may not be generated by the commission and at permit review. 14. 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 200 I 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. 15. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 16. 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. 17. 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. 18. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a. The full name of the project as it appears on the Development Order and the Commission-approved site plan. b. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 19. At time of permit review, submit separate surveys of each lot, parcel or X tract. 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. 20. A permit from the EP A shall be required prior to the submittal of plans for a X building permit. The car wash shall comply with F.A.C. Rule 62-660.803. The local EPA office can be contacted at 561-681-6600. 21. 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. 22. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the proiect is multi- Conditions of Approval 4 I DEP ARTMENTS 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. 23. Building shall be designed utilizing the 2004 Florida Building Code. X P ARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: 24. Applicant must grade the property to the north canal to Lake Worth X Drainage District specifications. PLANNING AND ZONING Comments: 25. A single sign style (such as cabinet, channel, reverse channel) shall be used X for wall signage. Note code limitation on non-word depictions. Provide calculations of areas for determining compliance with the Land Development Regulations. 26. The monument sign as proposed is plain and unadorned and should be X reduced in size to be more in scale with the building. Additionally, the sign should be made more compatible with the building style to transform its boxy appearance. 27. Provide a landscape cross-section C Detail of a 450 angle at the southwest X comer and northwest comer of the site. Additionally, remove the N.T.S. (not to scale) label on the cross-sections and depict landscape to scale, adjusting the size of the plant material on the plant list if necessary, to provide an instant landscape barrier at time of planting. Cross-sections A, B, & C should be comparable for these planting areas on the exit end of the tunnel as well. 28. The applicant has agreed there will be nothing other than automated or self- X service features as part of this Conditional Use application. Any future requests for other services (wax, upholstery cleaning, etc.) would require a new Conditional Use review/approval. 29. Provide executed and recorded copv of the cross-access easement with X DEPARTMENTS INCLUDE REJECT Parcel A, prior to issuance of first building permit. 30. Access off of Congress A venue is only partially on your parcel. Provide X executed and recorded copy of the cross-access easement with the parcel to the north, prior to the issuance of first building permit. 31. The drainage depicted on sheet C-I depicts drainage improvements crossing X onto Parcel A. Provide executed and recorded copy of this easement with Parcel A, prior to the issuance of first building permit. 32. Include baffling of light fixtures in order to prevent glare and light spillage X onto adjacent properties. Additionally, consider reducing the lighting to security lighting only within one (1) hour of closing. 33. Provide noise level data for blowdryer equipment for a distance equal to the X rear of the residential properties to the north. All mechanical equipment, including the vacuums, should be turned off at closing time each day. 34. Staff recommends the installation of some variety of wall along the north X and east sides of the tunnel exit / parking lot to reduce the potential of noise escaping the site, should the professional sound study being prepared by the applicants warrant more than the landscaping being proposed. 35. Applicant states the hours of operation will be from dawn to dusk. Any X proposal to extend these hOUTS will require commission approval. Staff recommends however, the carwash be open no later than 7 P.M. 36. Applicant shall provide a unity of title for all of Parcel "A", prior to X issuance of first building permit. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:IPlanningISHAREDIWPIPROJECTSlRapido Rabbit\2nd Review Comments.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Rapido Rabbit APPLICANT'S AGENT: Bradley Miller Miller Land Planning Consultants APPLICANT'S ADDRESS: 282 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005 TYPE OF RELIEF SOUGHT: Request for Conditional use approval for a 4,595 square foot carwash on a 3.39 acre parcel in an M-1 zoning district. LOCATION OF PROPERTY: East of Congress Avenue, North of SW 30th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\DO.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 05-244 TO: THROUGH: FROM: DATE: RE: Kurt Bressner, City Manager ~ Quintus Greene, Development Director /~ . Michael Rumpf, Planning & Zoning Director December 1, 2005 Rapido Rabbit Carwash (CaDS 05-004) Response to questions regarding carwash equipment and the sound analysis Staff continues to pursue the additional information requested for the Commission's review of the above-referenced project, as represented by the attachments and specific responses provided herein. Staff has repeatedly requested the specifications on the intended dryer blowers, and on the date of this memorandum, an additional request was made of the agent. As for answers to other current questions, please be informed of the following: 1. Staff has a draft agreement for improvements on and sharing of the entryway, and this includes provisions for maintenance ofthe landscaping (see attachments); 2. The specifications for the vacuum units are included in the November 27,2005 letter from the acoustical consultant, and specifications on the blowers are forthcoming; 3. The consultant indicates that the study assumed simultaneous operation of all vacuum units, that the study did account for the dryer blowers, and there are a total of 3 dryer blowers planned for the tunnel; and 4. We have not considered a 2nd opinion, or a study of the sound study, given the following: a. The code only requires such technical sound analysis for the review of night clubs; b. What has been requested to date is believed by staff to be "reasonable" and submitted by a qualified individual; c. The proposed use is a common business and generally similar to others within and adjacent to the city. Staffhas visited other car washes to experience the magnitude of sound emitted from the site, and believe that reasonable design measures and best available technology will prevent any possible nuisance and ensure compatibility. In light of the study indicating sound levels that just meet the sound standards of the city, and possible discrepancies therein, staff continues to pursue possible further design measures to mitigate sound; and d. Given the distance to the nearest residential uses and the elements that ultimately separate the subject properties, and proximity to Congress Avenue which contributes to the area and should affect the expectations regarding sound within this environment. 5. We will receive final information from the agent regarding corporate involvement; however, our understanding is that the party who has filed the application remains unaltered. Subsequent changes to the site plan (following approval) would be reviewed against the minor-major criteria, and iflhow such changes could intensify the operation of the conditional use. Given its conditional use status, staffwould review very closely the changes. For example, changes that would increase business such as addition of a vacuum station, tunnel expansion, etc. would require conditional use approval. However, innocuous changes to landscaping, sign copy, or the fayade, unrelated to operation of the use, would likely be considered "minor". Staff opines that there remain possible changes to further minimize sound, and until some or all of them are incorporated into the site, staff maintains its recommendation for tabling. We have strongly encouraged the agent to consider these recommendations otherwise our recommendation for tabling will stand, or possibly be modified for approval subject to incorporation of our recommendations into the plan. The recommendations prioritize the flipping of the tunnel to orient the exit (and blowers) toward the south, in the opposite direction from the adjacent neighborhood. Staff also mentioned the wall as still being necessary if the tunnel is not reoriented. Also if not reoriented, staff may also simply recommend, that the tunnel wall around the exit be narrower, or at least extended to cover the blowers, to interrupt the outward flow of sound. From our site visit to the Motor City Carwash, we observed and heard the blowers from the adjacent residential properties (on the far side of the properties), and realized that they were only audible when no solid object intervened. A concern of the agent, for the applicant, was the additional time and review required if the project was redesigned. If staff is able to view the redesign prior to Commission review, and is generally comfortable that site requirements will be satisfied similarly, staff would recommend the addition of a comment requiring reorientation of the tunnel as part of the permit submittal. MR Attachments S:\Planning\SHARED\WP\PROJECTS\Rapido Rabbit\Additional sound information and responses.doc Monday. October 03, 2005 2:43 PM MLPC 581738S079 p.01 -- MILLER LAND PLANNING CONSULTANTS, INC. 420 W. Boynton Beach Blvd. '201 Boynton Beach. Fl 33435 Phone 561/736.8838 Folt 56J/736.8079 Ernoll nlcole@mlpc.net tVI j~ /~, f~' I~~ ~, " ~!I",J,,'II illl! .," Ii' r ~ I' ("'1, ,/' . I 'J I ~'I'u :,~':, " I,' 1./ fJ I )1,. I, Date: 101312005 Time: 2:43:32 PM Recipient: Ed Breese Fax Number: 742-6259 Company: CiTY OF BOYNTON BEACH Voice Number: (561) 742-6261 Sent By: Nicole Simpson Pages: 4 SUbject: Rapldo Rabbit - Car Wash (Site Plan) Message: Ed, Attached Is the consent from for the development of the surrounding property owners and applicant. Please let me know if you need anything else. Monday, October 03, 200!5 2:43 PM MLPC 581736807; \ p.02 WEINER & ARONSON, PA ATTORNEYS AT' LAW Tho OIerk Hou.o 102 North SWInton Avenue Delray Beach, FJorfda 33444 Telephone: (681) 285-2866 Telecopler: (661) 272-6831 E~an:~nerCDzonMaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON $. MANKO" KI!RRY SAFIER PAMI R. MAUGHAM OF COUNSEL: ROBERT MARC SCHWARTZ, PA Florida e.r Board CerIIfted NBIl!s1ate Lawyer MICHAEL R. HARRIS LL.M. (In T~tlon) Se~mber23.2005 Mr. Michael Rumpf DIrector of Planning and Zoning Depl City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florfda 33425 Re: Rapldo Rabbit OUf File No.: PAUM002 VIa Hand Oeliverv Dear Michael: Please let thl8 letter serve as authorization from each of the three property owners concerning the consent required by Comment 2 of the 3n1 Review Comments. Eac;h of the three owner's signatures below provides Its consent to the construction of the driveway, installation of landscaping adjacent to the driveway snd to the maIntenance of the ., an pursuant to the terms of the I!:asement Agreement, a copy of which has been previously provided to the City. This EasementAgreementwiU be recorded pUrBUBntto a dosing to occur upon receIpt of Site Plan Approval. MEGA MINI CO., LTD., 8 Rorfds limited partnershIp By: Mega Mrnl Self Storage Boynton Beach. LLC Its :General Partner By: Its: Member Monday, October 03, 200s 2:43 PM MLPC !S173SS079 p.03 MICHAEL 8. weINER CAROLe J. ARONSON JASON S. MANKOFF KERRY SAFIER PAMI R. MAUGHAM WEINER & ARONSON, PA ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Flortda 33444 Tulvphone; (001) 200-2eOO relecopler: (561) 272-6831 E-mail: mwelner@Zonelaw.com 0,. COUNSEL: ROaMT MARC 8CHWMTZ, P.A. Florid. Bar brei CeItIlIed RuJ ~ l.rAyw MICHAEL R. HARRIS L.L.M. (In TIlCItIon) September 15, 2005 Mr. Michael Rumpf Director of Planning and Zoning Dept. City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Rt: Rapldo Rabbit OUf File No.: PAUM002 Via Hand Deliverv Dear Michael: Please let this letter serve as authorization from each of the three property owners concerning the consent required by Comment 2 of the 3tCl Review Comments. Each of the three owners' signatures below provldea its consent to the COnstruction of the driveway, installation of landscaping adjacent to the driveway and to the maintenance of the site, all pursuant to the terms of the Easement Agreement, a copy of which has been previously provided to the City. This Easement Agreement will be recorded pursuant to a closing to occur upon receipt of Site Plan Approval. Agreed and Accepted By: By:. BOYNTON PROPERTIES, LLC Its: By~ON B~ CAR WASH, LLC ~/W~ Its: MEGA MINI CO., lTD., a Florida limited partnership By: Mega Mini Self Storage Boynton ch, LLC Ita :Generel Sa By:...~. Its: Member - Monday, October 03, 2005 2:43 PM MLPC 5e173e807Q p.04 Mr. MiGhael Rumpf september 15,2005 Page2of2 PI.... contact me should you have any additional concerns. Very yours, Ie aelS.~ MSW:jem ec: Mr. Merk Paulino Mr. Alejandro Zurita Henry Portner, Esq. Mr. Anthony PugU88e Mr. Bradley Miller Brfan Deusdlle, ESQ. Jaeon S. Mankoff, Iieql,lire O:\PAUMOO2\Letter to Miko Rumpf re consents. doc CITY OF BOYNTON BEACH City Attorney's Office Memorandum To: Ed Breese, Principal Planner From: JamiIa Alexander, Assistant City Attorney prI Date: September 15,2005 RE: Rapido Rabbit Carwash Cross-Access Agreement This memorandum is in response to your request that the Office of the City Attorney review a draft of the Cross-Access Agreement relating to the proposed carwash on Congress Avenue (Rapido Rabbit). The Cross-Access Agreement was prepared to be executed by the owners of three neighboring parcels granting an access and ingress and egress easement for vehicular and pedestrian traffic for the Rapido Rabbit Carwash, as described in the Agreement. Furthermore, the City of Boynton Beach is not an owner of the subject property and will not be a party to this Agreement. As such, this Office has reviewed the Cross-Access Agreement and it is our opinion that the terms of the Agreement are sufficient. Should you have any questions, please feel free to contact the Office of the City Attorney. JVA S:\CA \MEMORANDUM\Breese (Rapido Rabbit).doc PLANNING AND ZONING MEMORANDUM TO: James Cherof. City Attorney FROM: Ed Breese, Principal Planner ~ DATE: August 25, 2005 SUBJECT: Rapido Rabbit Carwash Cross-Access Agreement Attached for your review is a copy of a draft cross-access agreement involving the proposed carwash on Congress Avenue (Rapido Rabbit). Staff, as part of the technical site plan review process, has requested a cross-access agreement involving three separate, neighboring parcels, for access and utility purposes. I would appreciate your review of this information in order that we may pass comments back to the applicant as to sufficiency. Thank you in advance for your review and do not hesitate to contact me with any questions you may have. CROSS-ACCESS AGREEMENT THIS CROSS-ACCESS AGREEMENT ("Agreement) is made and entered into this _ day of , 2005, by and between BOYNTON PROPERTIES, LLC, a Florida limited liability company (hereinafter referred to as "BOYNTOW) and BOYNTON BEACH CARWASH, LLC a Florida limited liability company (hereinafter referred to as "CARW ASH") and , a (hereinafter referred to as .. "). BOYNTON, CARWASH and are sometimes referred to herein as Owner(s). ... ... R E C I TAL S: WHEREAS, is the SUrr,~.p.t record owner of the property, more particularly described in Exhibit "A" (the "BOYNTON Property"); ~". WHEREAS, . E..nt owner of the property, more particularly desaibed as Exhibit "B ~''1'rty.); WHEREAS, t e current owner of the property, more particularly described as Exhibit "C" e "FREIDT Property"); and WHEREAS, BOYNTON, CARWASH and this Agreement as hereinafter set forth. desire to enter into NOW, THEREFORE, BOYNTON, CARWASH and for good and valuable consideration, including but not limited to the mutual easements, covenants and restrictions set forth herein, the receipt of which is hereby acknowledged, do hereby agree as follows: 1. Recitals The recitals above are true and correct and are hereby incorporated as if rewritten herein. 2. Cross-Easements (A) There is hereby granted the following non-e~clusive access and ingress and egress easement for use of vehicular and pedestrian tra.~c within the area as more particularly described in Exhibit "0". (the "CrOSS-Easement") for the benefit of each of the Owners, their successors, assigns, tenants, customers, agents, empl.oyees, guests, licensees and business invitees, each Owner granting same to the other Owners for and in respect of the property owned by such Owners which lies within the Cross Easement. The Owners agree not to build or maintain nor permit to be built or maintained any structure on the Cross-Easement that would preclude or limit it vehicular and pedestrian traffic of cross-access and for ingress and egress within the Cross-Easement. All costs and expenses concerning any installation and construction of the initial installation of the Cross-Easement shall be at the sole cost and expense of the owner of the Property Owner. The Owners of the Properties. shall not be required to contribute to the initial installation of the Cross-Easement. 0:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc (B) No Owner shall permanently or temporarily park or store in the Cross- Easement any automobile, truck, equipment, or any other personal property, it being intended that the Cross-Easement shall be free from obstacles and impediments. In the event due to construction or re-construction any Owner shall find it necessary to temporarily obstruct, block, close off or impede the flow of pedestrian or vehicular ingress or egress, such Owner shall provide reasonable advance notice to the affected Owners and shall use reasonable effort to minimize the effect on the other Owners and endeavor to complete such construction expeditiously. .. - 3. Maintenance and Repair (A) Each Owner shall maintain, operate and repair the landscaping, lighting, common areas and utility facilities on its respective property which forms a part of the Cross- Easement, including any buffer areas adjacent to the front of their resp~ properties, at its sole cost and expense. Maintenance, operation and repair shall be done in a manner that is in compliance with all laws, ordinances, rules and regulations of the appropriate governmental authorities. Each Owner shall, at its own expense, supervise, operate, manage, repair, replace and maintain all improved portions of the common area and utility facilities located on its respective property which forms a part of the Cross-Easement, in good repair and in a safe and sound condition, free from refuse, rubbish and dirt and in compliance with all governmental regulations. (B) Each Owner shall make all necessary repairs and replacements on the surface of the parking areas and driveways on the portion of the Cross-Easement owned by such Owner. is responsible for the property in Exhibit "E." is responsible for the repairs and replacements on the Property in Exhibit "F." and Exhibit "G. is responsible for the repairs and replacements on the repairs and replacements on the Property in Exhibit "H". (C) In the event any improvements within the Cross-Easement are damaged or destroyed, the Owner of the property on which such damage has occurred shall promptly cause the repair, restoration or rebuilding thereof to the extent reasonably practical, but such Owner shall not be precluded from seeking reimbursement from the responsible party or parties that may have caused such damage or destruction. 4. Term and Duration , (A) The provisions of this Agreement shall b~ \perpetual. This Agreement may be released, modified or amended only by the unanimous consent, in writing, of all the Owners or their respective successors or assigns, as the case may be. (B) Except as specifically set forth herein, nothing contained in this Agreement shall confer any rights on any Owners, their successors, assigns, tenants, customers, agents, employees, licensees or business invitees. (C) This Agreement shall be and constitute a covenant running with the land in the specific manner and mode set forth above and shall be binding upon all parties to this Agreement al'1d their respective successor~ and assigns and shall inure. to the benefit of and be enforceable by all parties to this Agreement and their respective successors and assigns. 5. Operations O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 2 (A) Each Owner shall, at its own cost and expense, maintain at all times public liability insurance in an amount no less than insuring against daims on account of death, bodily injury or property damage that may arise from or be occasioned by the condition, use or occupancy of the common area on its respective property. Said insurance shall be written by a reputable insurance company or companies with limits of not less than One Million ($1,000,000.00) Dollars for bodily injury or death of all persons in anyone occurrence and for damage to property or such other amounts as agreed upon by all Owners. Each Insurance Policy shall cover the properties in Exhibits "A." "B." and "C" and each Policy shall name the other Owners as additional an insured. Each Owner shall provide proof of insurance to each other Owner showing each such Owner as an additional insured. ... (B) Anything in this Agreement to the contrary notwithstanding, nothing herein shall prevent any Owner from the construction and completion of buildings or improvements on such Owner's property as such Owner may desire in ~'Owner's sole and absolute discretion, so long as such buildings and improvements are not located within the Cross-Easement. In connection with construction and completion of any buildings or improvements, each property Owner shall be entitled to count such parking spaces as may be available on such Owner's property but shall not be entitled to count parking available on any other Owner's property. There shall be no parking within the Cross-Easement. There is no parking easement. 6. Enforcement (A) No breach of the provisions of this Agreement shall entitle any Owner to cancel, rescind or otherwise terminate this Agreement or the applicability to it; but such limitation shall not affect, in any manner, any other rights or remedies which any Owner may have hereunder by reason of any breach of the provisions of this Agreement. No breach of the provisions of this Agreement shall affect or render invalid the lien of any mortgage <;>r deed of trust made in good faith and for value covering any part of any property. Notwithstanding the foregoing the provisions, this Agreement shall be binding upon and effective against any Owner whose title is acquired by foreclosure or trustee's sale or any grantee by deed in lieu of foreclosure or trustee's sale. . . . (B) If any Owner shall default in the performance of any of its obligations hereunder, then any other Owner shall, in addition to all other remedies they may have at law or in equity, after thirty (30) days prior written notice (except that no notice shall be required in the event of an emergency), have the right to perform such obligation- pn behalf of such defaulting party and be reimbursed by such defaulting party for the r~,sonable cost thereof, plus reasonable collection fees if collection is required. Any such daim for reimbursement shall be secured by a lien thereof and s~all attach to the property owned by the defaulting party effective upon recording of a notice thereof in the Public Records of Palm Beach County, Florida. The lien rights granted herein will not affect the easements and other rights granted herein to other Owners of any property and such rights shall continue in full force and effect. (C) In the event of a breach; or attempted or threatened breach, of any obligation of this Agreement, the other Owner(s} shall be entitled forthwith to obtain an injunction to specifically enforce the performance of such obligation, acknowledging the inadequacy of legal reme9ies and the irreparable harm which would be caused by any such breach being hereby acknowledged; andlor to relief by all other available legal and equitable remedies from the consequences of such breach. All costs and expenses of any such 0:\PAUM002\AUGUSTCROSS ACESS EASEMENT.doc 3 proceeding shall be assessed against the defaulting Owner and shall constitute a lien against the property owned by such defa.ulting Owner, until paid. (0) No delay or omission of any Owner in the exercise of any right accruing upon any default or violation hereof, of any other Owner shall impair any such right or be construed to be a waiver thereof, and every such right may be exercised at any time during the continuance of such default or violation. A waiver by any Owner of a breach of, or a default in. any of the terms and conditions of this Agreement by any other Owner shall not be construed to be a waiver of any subsequent breach of this Agreement. ..... .. (E) Enforcement of this Agreement may be filed in a Court of competent jurisdiction with costs and reasonable attorneys' fees granted to the prevailing party. 7. Interests of Others ~,- (A) Any lien so created by this Agreement shall be effective only upon the recording of such lien and shall be subordinate to any mortgage applicable to such property at the time of filing. Notwithstanding the foregoing, nothing herein contained shall be construed as creating an obligation hereunder upon any mortgagee or holder of other security interest including deed of trust which is prior to said Mortgagee or holder acquiring title by foreclosure or otherwise prior to the filing of such lien. (B) Each Owner shall remove, within thirty (3D) days after the filing thereof, any mechanics'. materialmen's or any other similar lien on the other Owners' Properties, or on its Property if the existence or foreclosure of such lien on its Property would adversely affect the easement arising by reason of its act or any work or materials which it has ordered. In the event the defaulting Owner fails to remove any such lien within such thirty (30) day period, any other Owner may take such action as it or they may deem necessary to remove such lien and thereafter such Owner shall be entitled to reimbursement from the defaulting Owner. Any lien rights that arise due to the defaulting actions of any Owner shall also permit such lien rights against any insurance proceeds, to the extent that such proceeds would or should become payable. (C) Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto that nothing in this Agreement, expressed or implied, shall confer upon any person, except as specifically set forth in the terms and conditions of this Agreement. Rights to a third party beneficiary are neither intendedl'}or granted. (0) Each claim of any Owner arising under thi~ 'Agreement shall be separate and distinct, and no defense, set-off or counterclaim arising against the enforcement of any lien or other claim of any Owner shall thereby be or become a defense, set-off, offset or counterclaim against the enforcement of any other lien or claim. (E) The Cross-Easement created hereunder shall not be presumed abandoned by non..,use or the occurrence of damage or destruction of a portion of any Property subject to the easement unless the Owner benefited by such easement states in writing its intention to abandon such easement. O:\PAUMOO2\AUGUST CROSS ACESS EASEMENT.doc 4 8. Interoretation (A) If any provision of this Agreement, or portion thereof, or the application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision or portion thereof to any other persons or circumstances, shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. ... ..... (B) State of Florida. This Agreement shall be construed in accordance with the laws of the (C) The Article headings in this Agreement are for convenience only, shall in no way define or limit the scope or content of this Agreement, and shall not be considered in any construction or interpretation of this Agreement or any part hereof. ~, . . (D) Nothing in this Agreement shall be construed to make the Owners hereto partners or joint ventures or render any of said Owners liable for the debts or obligatIons of the other. (E) Any Owner may,. at any time and from time to. time, in connection with the . sale or transfer of its property, or in connection with the financing or refinancing of said property by bona fide mortgage, deed of trust or sale-leaseback made in good faith and for value, deliver a written notice to the other Owner(s) requesting such other Owner to execute a certificate certifying that the Owner making such request is not in default in the performance of its obligations under this Agreement, or, if in default, describing therein the nature and amount of any default. An Owner shall execute and return such certificate within twenty (20) days following its request thereof. Failure by an Owner to so execute and return such certificate within the specified period shall be deemed an admission on such Owner's part that the Owner requesting the certificate is current and not in default in the performance of such Owner's obligations under this Agreement. (F) This Agreement may be amended, modified or terminated by the unanimous written approval of all Owners and duly recorded in the office of the County Recorder of Palm Beach County, Florida, and shall not otherwise be amended, modified or terminated during the term hereof. However, the Owner and Owner may modify the connection between Exhibit "_" and Exhibit "_" without the consent of the other owners provided that: (i) the overall connection among the pprcels is maintained; (ii) the other Owners are notified; and (iii) any modifications are duly recQ~~ed. . (G) Wherever in this Agreement it is provided that. an action shall be subject to the consent or approval of the other, such consent or approval shall not be unreasonably withheld or delayed provided that any such Agreement does not materially or adversely affect such Owner's property. (H) Each Owner agrees that no partner or individual of any Owner shall be personally liable for any liabilities or be required to personally perform any of the covenants of this Agreement. Any liability of an Owner is limited to the assets of that Owner. 0:\PAUM002\AUGUST CROSS ACESS EASEMENT. doc 5 9. Notices (A) All notices and demands herein required shall be in writing and shall be deemed properly given if sent by registered or certified mail, return receipt requested, and if to , addressed to: ... ..,....- . Each party may change the address to which notices to it are to be sent by notice to the others. (B) Every notice and demand shall be deemed to have been effective upon delivery by registered or certified mail, properly addressed as aforesaid, postage prepaid, in the United States Mail, or three (3) days after posting or via a nationally-recognized overnight courier services (provided a confirmation is available one {1} day after sent). 10. Indemnification. (A) Each Owner agrees to hold the other Owners harmless and indemnify such Owners from any costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any claims arising out of the use, operations, maintenance and possession of each other Owner's respective property by any party claiming through such Owner Owner shall indemnify the other Owners for any and Owner's construction and/or installation of the Cross- (B) The all liens as a result of t;asement. \ rSionatures on next paoel O:\PAUMOO2\AUGUST CROSS ACESS EASEMENT.doc 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. Signed. sealed and delivered in the presence of: ... ,.;. . Witnessed By: By: 9Rm Its: Printed Name: By: By: _ ~ft I\c-t. . 11s:~ ~ Printed Name: Printed Name: Its: " ) O:\PAUMOO2\AUGUST CROSS ACESS EASEMENT.doc 7 , . STATE OF FLORIDA COUNTY OF The foregoing instrument was sworn to and subscribed before me this _ day of ,as of My Commission Expires: Personally Known _ OR Produced Identification Type of Identification Produced STATE OF FLORIDA COUNTY OF , 2005 by " .... Signature of Notary Public-State of Florida Print, Type, or Stamp Commissioned Name of Notary PubJic ~.' The foregoing instrument was sworn to and subscribed before me this _ day of as of My Commission Expires: Personally Known _ OR Produced Identification Type of Identification Produced STATE OF FLORIDA COUNTY OF . 2005 by Signature of Notary Public-State of Florida Print, Type, or Stamp Commissioned Name of Notary Public . 2005 by The foregoing instrument was sworn to and subscribed before me this _ day of as of My Commission Expires: Personally Known _ OR Produced Identification Type ~f Identification Produced '. \ Signature of Notary Public-State of Florida Print. Type, or Stamp Commissioned Name of Notary Public O:\PAUM002\AUGUST CROSS ACESS EASEMENT.doc 8 MILLER LAND PLANNING CONSULTANTS, INC. 420 W. BOYTNTON BEACH BOUlEVARD, #201 BOYNTON BEACH, FLORIDA 33435 PHONE . 561/736-8838 FAX . 561/73~79 LETTER OF TRANSMITTAL Date: November 18, 2005 To: Ed Breese CITY OF BOYNTON BEACH PLANNING & ZONING DEPT. J 00 E. Boynton Beach Boulevard Boynton Beach, Fl 33425-03 J 0 Sublect: RAPIDO RABBIT CAR WASH- SITE PLAN & CONDo USE We are providing: [!] Attached o Under Separate Cover Via: o US Mail [!] Courier IHand Delivery o Overnight Delivery o Pick Up The followina: CODles Date Descrfptlon J Noise study These are being transmitted as check below: 00 For your use 0 As requested 0 For your review & comment o For your reference & tile 0 Other as indicated below Remarks: Attached for your review is the noise study. The color renderings will be delivered to your office Monday morning (11.21.05). Please let me know if you need anything else. cc: From: Nicole R. Simpson . Joe Cuschieri koustics and Vib.ation Consultant 2398 NW 38th Street Boca Raton, Florida, 33431 TEL: 561 289 7091 FAX: 561 852 1784 November 17, 2005 Mark Paulino EAST COAST DEVELOPMENT, LLC 4036 Artesa Drive Boynton Beach, FL 33436 moaulino@orodiQV.net Re: Boynton Beach Car Wash Facility Dear Mr. Paulino: This letter is to report on the findings of the sound level analysis performed for the proposed site of the Car Wash facility on Congress Avenue north of SW 30th Avenue in Boynton Beach, Florida. Provided in this letter are the measured sound pressure levels at the property and in the residential community just north of the proposed site, and estimates of the anticipated sound levels due to the operation of the car wash facility. Also provided are comparisons of the anticipated sound levels due to the operation of the car wash facility to the measured background ambient sound levels and to the permissible noise levels by the City of Boynton Beach Noise Control Ordinance and the City of Boynton Beach Sound Control Ordinance. The proposed car wash facility site is located along the east side of Congress Avenue north of SW 30th Avenue. The proposed carwash site north property line is common to another area zoned industrial and approximately 200 feet from the south property line of the residential properties to the north of the site. The site ambient background sound levels has contributions from traffic noise on Congress Avenue and when traffic is light on Congress Avenue, contributions from the noise from 1-95 traffic. The anticipated major sources of noise from the car wash facility, not including the contribution from additional traffic, are the blower fans at the exit of the car wash building and the vacuum stations on the east of the car wash building. The blower fans and the car wash building opening closest to the blower fans are approximately 55 feet from the site property line and approximately 255 feet from the residential property line to the north. The closest VAC unit is approximately the same distances, 55 feet and 255 feet from the site property line and the residential property line respectively. In between the proposed car wash site and the residential properties to the north is a vacant lot, which if a building is placed on this lot will act as a sound barrier and it will mitigate the sound transmitted from the car wash operation to the residential properties. To characterize the noise levels at the proposed car wash facility, sound level measurements were performed at two locations, one within the proposed car wash site property and one along the south property line of the residential properties north of the proposed car wash facility site. The sound level measurements were performed on a Saturday morning between 9:00 am and 11 :00 am, as this would be considered the most quiet time with regards to noise from traffic on Congress Avenue and 1-95. The noise levels at the proposed car wash site and at the ! . Page4of4 November 17, 2005 Sound Pressure Level 140 dB Threshold of Pain ~ 80 Average Street TraWl<: 70 o Threshold of Hearing .Joe CUsc:1ieri Acoustics and Viblation Consultant 2398 NW 381h Street Boca Raton, Florida, 33431 TEL: 561 289 7091 FAX: 561 852 1784 November 27, 2005 Mr. Ed Breese City Of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida, 33435 Re: Boynton Beach Car Wash Facility Dear Mr. Breese: As per our conversation after the P&Z meeting, please find enclosed copies of the information that I was given from the applicant that I used to calculate the noise levels from the proposed car wash facility. I'll be sending you the calculations that explain my results in the next few days. To give you a brief overview of the information provided, I page numbered the sheets for ease of recognition. Pages 1 and 2 give the noise levels of the blowers. Page 1 is from the manufacturer of the car wash equipment SONNY'S, while page 2 is a composition by Rapido Rabbit. Notice that this information is the same as the one from SONNY'S even though it appears that the blowers are in an enclosure. In other words this does not take into account the influence of the enclosure. The 75 dBA at 100 feet with blowers inside a car wash facility are inconsistent with sound level data that I measured for the same type blowers at 100 feet. My measurements indicate a sound level of 61 dBA at 100 feet. So use the information on page 2 with some caution. Pages 3 to 14 relate to the V AC units. Page 3 is a summary of the tests performed, page 4 is a cross section of the V AC motor, page 5 gives the details of the components, and page 6 shows some photographs of the measurements set-ups. Pages 7 and 8 give a summary of the V AC noise. However notice that in this case the information is given is sound Power and not sound pressure. Sound pressure can be calculated from sound power taking into account the distance from the source, in this case the VAC unit, to the observer. I'll outline the method that is used to calculate sound levels from sound power when I send you the calculations. Sones is another way to represent the sound, but since the City Ordinance does not use this sound metric, we can skip over this infonnation. Pages 9 to 14 give details for the measurements performed to characterize the noise from the V AC units. This information supports the summary data in pages 7 and 8. This information is used if one is interested in the frequencies of the noise and to calculate the quantity reported in sones. The City Ordinance is written in terms of overall A-weighted sound levels (dBA) hence this infonnation need not be used except to ensure that there are no distinct tones. Please review this information and if you have questions do not hesitate to contact me. Sin re ; i l ~- :! ,I ;; I, J s ieri, P.E. 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Ul "I ~--- 1 :It I" I~\ t > lo({6 Gltte~lw,~ Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Owner: Location: N/A North ot Miner Road; between Lawrence Road and Congress Avenue Description: Request for Master Plan Modification to reduce side yard setbacks from ten (10) teet to eight (8) feet for construction of screened roof enclosures. Chairman Wische announced this item has been postponed until the December 22, 2005 Board Meeting that will be the Board's regular meeting date for December. Motion Mr. Cwynar moved to continue the Foster Mill master plan modification item until December 22, 2005. Motion seconded by Mr. Casaine and unanimously carried. B. Rapido Rabbit Carwash Conditional Use 1. Project: Agent: Rapido Rabbit Carwash (COUS 05-004) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Boynton Properties, LLC, Anthony Pugliese III East side of Congress Avenue; approximately 275 feet north of SW 30th Avenue Owner: Location: Description: Request for Conditional Use and Site Plan approval for a 4,595 square foot automated carwash facility and related site improvements on a 0.88-acre site zoned M-1, Industrial. Chairman Wische pointed out this item has been pending since March of this year and has come back to the Board because staff wanted to have a certified noise study performed and presented to the City. A copy ot the noise study performed by Acoustics and Vibration Consultant, Joe Cuschieri was provided to the members and the Recording Secretary, a copy of which is on file in the City Clerk's Office. Ed Breese, Principal Planner, presented the item on behalf of staff and pointed out the item is a conditional use approval/new site plan tor a 4,595 square foot automated carwash facility. Mr. Breese reviewed the adjacent uses that included the Golfview Harbor subdivision to the north and the Sate and Secure Storage Facility, zoned M-1, to the south. Further south is the right-ot-way tor SW 30th Avenue and developed M-1 industrial property, including Tire Kingdom. To the east is developed industrial property with offices and warehouses. West is the right-of-way for Congress Avenue and further west is Manor Care ACLF zoned community-commercial (C-3). 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Mr. Breese explained Attorney Michael Weiner submitted an application for code review (CDRV 05-001) to allow carwashes in the M-1 zoning district, which was approved by the City Commission on June 21, 2005. Adoption of the code review now allowed carwashes as a conditional use within the M-1 zoning district, which is the reason the Board is reviewing a conditional use, along with the new site plan, for the project. Having carwashes as a conditional use allows greater scrutiny of reviewing site design, operational characteristics, and potential impacts on surrounding properties. Palm Beach County reviewed the proposal and the City received a letter dated February 2,2005 indicating the proposed project met the County's traffic performance standards. When staff reviews conditional uses, there are standards for evaluating them. Mr. Breese discussed some of the items involved in the review as follows: (1) Ingress and egress to the subject property. According to the site plan there are two proposed points of ingress and egress: one point of access would be off Congress Avenue at the very northwest portion of the property that would be partially shared with the vacant industrial parcel to the north. The second point of access is off SW 30th through the Safe and Secure property site. This road would connect to the east-west road connecting to Congress Avenue. The applicant has submitted a draft of the required cross access easements that are required between this parcel and the vacant parcel to the north, as well as the Safe and Secure site to the south. The City Attorney has reviewed them for sufficiency and they will have to be executed prior to the first permit being pulled. (2) Off-street parking and loading areas, with emphasis on glare, noise, and odor effects that the conditional use would have upon adjacent and nearby properties. The site plan provides for 18 regular parking spaces and one handicapped space that were demonstrated on the site plan. Attorney Tolces pointed out that this is the first time the Board has actually heard the application for conditional use and site plan approval. Mr. Breese pointed out the locations of the parking spaces located on the west side of the carwash. The parking area is landscaped on all four sides to minimize noise and glare from the headlights of customers' vehicles. The wash tunnel openings have additional landscaping above the curb requirements at varying heights to provide a dense vegetation barrier to the inner workings of the carwash and to screen the vehicle stacking and exiting movements from the carwash. The parking lot light fixtures are proposed at 20' in height and staff has conditioned the baffling of the fixtures to prevent glare and light spillage onto adjacent properties. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Additionally, staff recommended that the illumination be reduced to security lighting within one (1) hour following the closing of the. business every night. Staff has required a second landscape buffer that would be placed along the north side of the entrance exit on Congress Avenue to increase the visual and sound barrier for the neighborhood to the north. Golfview Harbor is approximately 200 feet from the carwash site and separated by a vacant industrial parcel, yet to be developed, plus the canal. Staff felt that the introduction of the following made the project a viable one, and the site plan met the intent of the code by introducing increased compatibility, plus the following: (a) buffering based on the landscaping, (b) distance separation, (c) design characteristics, (d) limiting the business hours, (e) baffling of the light fixtures, (f) illumination reduction to security lighting, (g) turning the power off to the mechanical equipment at closing and (h) increasing the landscape buffer. Staff is recommending that the hours of operation be 7:00 a.m. to 7:00 p.m. Mr. Breese next enumerated all the landscaping that would be placed at the site. Staff has also recommended installing decorative buffer walls along the north, south and east buffers around the carwash tunnel to help shield the inner operations of the carwash, soften the look of the vehicle stacking, blocking the headlights as vehicles exit, and assisting with the noise associated with the vehicles leaving the carwash tunnel and the mechanical equipment. The applicant has expressed a concern about placing walls in the locations recommended by staff and requested installing the additional landscape buffer in place of the wall. Staff recommended that all landscaping installed at the project be installed in a mature full state to provide instant screening. The City Forester would inspect the installation of the landscaping. However, st~ff is still recommending the placement of the walls. The proposed buifding meets all. setback requirements of the M-1 zoning district and is generally compatible with adjacent properties and other properties within the zoning district, including the other automotive related industrial uses within the Congress Avenue Corridor. Mr. Breese pointed out that automotive uses are currently allowed in the M-1 zoning district. The general design of the building utilizes some of the sama type of building elements as the Safe and Secure buifding immediately to the south, including roof material and color. The project appears to be compatible with other uses within the M-1 zoning district. The traffic approval letter from Palm Beach County indicated the project would generate 196 new daily trips with peak hour trips being 14 in the morning and 14 in the afternoon. The remaining compatibility issues are operational in nature and involve noise and visual effects. The applicant proposes to minimize these effects by using dense landscaping buffers. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Staff requested and received the sound study that the members were provided. Staff is further requiring that all mechanical equipment be turned off at the close of business each day and the lighting on the site be reduced to security lighting within one hour following the close of business each day. In conclusion, the sound study appeared to demonstrate compliance with the City's noise ordinance. Mr. Breese pointed out that staff does not have the technical expertise to definitively make this determination. As a result, staff would like more time to review the information, prepare questions based on what is contained in the study and potentially bring in a professional to assess the study. Based on this, staff is recommending that the item be postponed. Mr. Cwynar inquired if any of the trees would be vulnerable to hurricanes. Mr. Breese responded that live oaks are better than many trees in withstanding the types of storms that have occurred recently, but it is possible that they could go down during a storm as well. Mr. Cwynar also inquired if there were any overhead power lines around the perimeter of the site. Mr. Breese said there were power lines on Congress Avenue. Mr. Breese pointed out the heaviest landscaping is located along the north, east and south perimeters of the project and pointed out the location of the landscaping on the plans. Mr. Cwynar would like to make certain that whenever staff reviewed landscaping, they review it in conjunction with the location of the power lines, so the landscaping would not intertwine with power lines. Mr. Breese felt that the City's Forester looked at this when he reviewed landscape plans. With regard to the sound study, Mr. Cwynar reviewed the letter quickly. However, he did not feel it was necessary to obtain another engineer to do another study, because the engineer that performed the study is a certified engineer, PhD and an acoustical consultant. He summarized in his report that the environmental noise impact from the operation of the proposed carwash facility is insignificant to the residential properties north ofthe proposed site. Attorney Mike Morell, in the audience, voiced an objection. Chairman Wische requested he take his seat until it was his time to speak. Attorney Morell continued to object. Chairman Wische explained when the Board was done speaking, the public hearing would be opened. Attorney Morell again objected for failure to follow quasi-judicial procedures. Chairman Wische again requested Attorney Morell sit down. Mr. Breese felt staffs review of the noise study revealed the number fell very close to the tolerance allowed in the code. He pointed out there was not much data on how the consultant arrived at his calculations. The blowers in the carwash have a decibel level of 79 in an open environment. The report indicated immediately outside' the structure, the decibels drop to 69. At the property line, to the residential area to the north, it dropped to 59. There were no 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 formulas shown how the consultant arrived at these figures. As a result, staff is uncertain about the report. Attorney Tolces explained that the Board's typical process during these meetings is to have staff make their presentation and then have the applicant make their presentation. Attorney Morell went to the podium and contended Chairman Wische had not followed court procedures. He noted that Chairman Wische allowed members to ask staff questions, which is appropriate. However, Mr. Cwynar voiced his opinion. Attorney Morell stated the Board should refrain from expressing their opinions since this was a quasi-judicial proceeding. Attorney Morell pointed out Chairman Wische did not swear ex-parte communications at the beginning of the proceeding. The City's code imposed all quasi-judicial restrictions on the Planning and Development Board that applied to the City Commission. Attorney Morell recommended that the Board grant staffs request to postpone the case one month and get it all re-noticed and get it right the next time. Attorney Morell said he represented the Chiodos and the Maloneys. At this point, Attorney Morell sat down. Chairman Wische requested Attorney Morell provide his address. Attorney Morell responded his address was P.O. Box 18649, West Palm Beach, Florida. Attorney T olces informed the members they were free to make comments and ask questions as the case proceeds. . Ms. Jaskiewicz questioned if the carwash was actually consistent with the other auto related businesses in the area, such as Tire Kingdom. She pointed out people going to Tire Kingdom enter the premises from the side street Ms. Jaskiewicz felt the project was not compatible with the uses along Congress Avenue. She also pointed out an elementary school was located across the street, plus residential homes and a nursing facility. In order to enter the carwash when coming from the north, a u-turn would have to be made. Ms. Jaskiewicz was opposed to having a carwash at this location. Mr. Saberson noted when the request was made to add carwashes as a conditional use in the M-1 zoning district, the City engaged Michele Mellgren and Associates to do a study to determine what uses should be allowed on Congress Avenue. Mr. Breese explained the Commission placed a Notice of Intent (NOI) immediately following this request and a consultant was brought in to look at the M-1 zoning throughout the City. The study is ongoing and is nearing conclusion. Mr. Saberson inquired if any determination had been 'made in the study that carwashes are appropriate along Congress Avenue in the M-1 District. Mr. Breese was not aware if the consultant had or had not recommended that carwashes would be appropriate along Congress Avenue. Mr. Saberson noted that a petition signed by 2,000 people opposed to the project had been presented to the City. Mr. Breese acknowledged a petition had been signed, but he was unaware of the exact number. Mr. Baldwin stated that on June 21, 2005 a 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 petition with approximately 2,000 signatures was handed to the City Commission opposing a carwash in this area. Mr. Baldwin referred to the shared road off Congress Avenue, half of which would be on the vacant land. He noted there were trees on the vacant land and he inquired who would be planting and maintaining the trees. He inquired if the applicant had the legal right to use the roadway in back of the self-storage facility. Mr. Breese pointed out that there are cross access easements and agreements that have been entered into and this is the responsibility of the applicant. Mr. Saberson inquired when the NOI study would be completed. Mr. Rumpf responded that the NOI had been extended for three months and would expire in January 2006. Mr. Rumpf explained the study period originally was for 180 days to study the M-1 regulations in the areas currently zoned M-1. Preliminary findings have been provided to staff and questions and comments have been forwarded to the consultant. Staff is using this time to finalize recommendations and make clarifications. Mr. Saberson inquired if the NOI was to put all applicants in the M-1 zoning district on notice that their applications may be reviewed in conjunction with the results of the NOI study. Mr. Rumpf said the results of that study would not apply to this project because this application was submitted in advance of the execution of the NO!. It will state what could and could not occur on properties currently zoned M-1 prior to expiration of the NO!. Ms. Jaskiewicz pointed out the dearth of M-1 zoning in the City and questioned why the study would not apply to current projects. Mr. Rumpf noted only this application would not be included in the study. Mr. Casaine inquired if the Board would be allowed to comment after the applicant made his presentation and the proceedings were turned over to the public. Chairman Wische agreed with this procedure. Mr. Breese noted the cross-access agreements are not only with the property owner to the north, but also with the property owner to the south, which is the storage facility. Therefore, there are two points of ingress and egress and would not necessitate u-turns on Congress Avenue, even though they could still occur. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, assumed the podium and noted he was present for a conditional use and for the record, there is only one condition of the 36 conditions that they do not agree with. The only thing he anticipated discussing was the wall. Attorney Weiner requested to address some procedural situations and noted this Board is a recommending body and the item will be referred to the City Commission for a vote. Attorney Weiner informed Attorney Morell that he would not cede the microphone to him during his presentation. Attorney Weiner asked Assistant City Attorney Tolces if he would like to address the Board's procedures. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Attorney Morell objected and Attorney Weiner duly noted Attorney Morell's objection. Attorney Weiner pointed out the hearing was quasi-judicial, not judicial and is not like a court proceeding. Assistant City Attorney T olces reported that the Planning and Development Board heard matters that are quasi-judicial for a recommendation to the City Commission. The Board hears from staff, asks questions and makes comments. The applicant then makes their presentation and the Board can ask the applicant questions, make comments and address certain issues. Following this, the Chairman would open up the public hearing for testimony and information presented by the public. The Board can also ask questions of the members of the public that have been sworn in. After that, the public hearing is closed and a motion could be made, discussion could take place and a vote could be taken for a recommendation to the City Commission on the application before the Board. Attorney Weiner said since the public would be speaking, he requested that the Board allow him a few moments of rebuttal to respond to what the public had to say. Attorney Weiner also asked the Board members if they would like to disclose any contacts they might have had. Attorney Morell objected. Attorney Weiner duly noted Attorney Morell's objection. Chairman Wische requested that Attorney Morell sit down, otherwise he will be requested to leave the building since Chairman Wische felt Attorney Morell was disrupting the meeting. Attorney Weiner asked the members to announce any ex-parte communications they may have had. Chairman. Wische received a telephone call from Attorney Morell that was on his answering machine. Chairman Wische did not return the call because Attorney Morell wanted to meet with him to discuss the case. Chairman Wische did not wish to meet with anyone to discuss matters that he would be voting on until they appeared before the Board. This was the only reason he did not return the call; there was no intent to be discourteous. Chairman WlSche felt it was improper for him to meet with Attorney Morell. Assistant City Attorney Tolces added that Board members could during the hearing, disclose any ex-parte communications they may have had. When the ex-parte communication is disclosed, it is deemed non-prejudicial because it would be on the record. Attorney Morell shouted a motion to voir dire the declaration of ex-parte communication. Chairman Wische warned Attorney Morell not to interrupt the proceedings. Assistant City Attorney Toloos added that the Chairman is authorized under ~2-11 of the City Code that o~ce a warning has been given to an individual, and that person does not comply with the Chairman's request, the Chairman could have that person removed from the Chambers. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Attorney Weiner responded that Attorney Morell could have the microphone, duly noting all of his objections, and he could make them at that time, and not interfere with the applicant's presentation. Mr. Saberson reported that he spoke with Commissioner Ensler concerning this matter. Mr. Baldwin reported that he spoke with Commissioner Ensler on the telephone. There were no other ex-parte communications revealed. Attorney Weiner inquired if the conversations the Board members had with the elected Commissioner prejudiced their vote and they responded it did not. Originally Attorney Weiner explained he was present to discuss a carwash that resulted in 146 trips, 14 at peak hours, on a road that carried 20,000 to 30,000 cars per day. He did not think they could have a project on the site that would generate less traffic. The carwash is approximately 4.900 square feet on 9/10ths of an acre that covered less than 15% of the property. The building is actually 15% feet lower than allowed and was located 55 feet from the north property line, but it could have been 15 feet. Attorney Weiner noted they were not trying to force the building upon everyone in the neighborhood. The project contained more landscaping than required by code. The carwash is no longer a Rapido Rabbit carwash because they lost the franchise because the applicant was required to be too garish. Attorney Weiner discussed ingress and egress to the site and how the traffic would be handled to provide 200 feet of stack-up. It only took three minutes to wash a car; therefore there would never be enough cars in the stack-up zone to get close to the street. The carwash is designed with all extra expenses. The only people near the site live 250 feet across the canal. He pointed out the carwash is a permitted use. Other permitted uses are towing companies with outside storage. His client wanted the project to look good. not garish and to make it fit and become the hometown carwash. Attorney Weiner noted to obtain a conditional use approval there are 12 standards to be met and they have met them all. He pointed out there is a 13th requirement that required a sound report for bars and nightclubs, but the applicant was agreeable to obtaining one for his project. even though it was not required. A copy of the report had been previously distributed. Attorney Weiner noted there were 13 pages of technical data in the file regarding the vacuums and central blowers of the carwash. Mr. Cuschiere, that performed the study, is present to answer any questions. Attorney Weiner noted that when people purchased their homes in Golfview Harbor, they knew what surrounded their homes that included M-1 zoning. The applicant is a concerned owner that wants his business to look good. Attorney Weiner pointed out the project was compatible with the area and, in fact. even improved the area. 10 Meeting Minutes Planning and Development Board Boynton Beach. Florida November 22, 2005 Attorney Weiner reported Steve Boudreau was present and is an expert in the operations of carwashes. He is available to answer any operational questions. Also, Mr. Bradley Mitter, the land Planner, was present. Attorney Weiner requested to address the wall that staff was requesting. He felt that landscaping and shrubbery would be much better than a wall. If they built a wall, it would be subject to graffiti, maintenance, and crime. He felt putting up a masonry straight wall would be a step backwards. The noise study indicated the project would not create noise in excess of the code. The City has a Code Enforcement Division for this purpose. He felt it was foolish to require another noise report, when they voluntarily provided a report that was not required. He pointed out the item would not go to the City Commission until December 6th, which would provide the City sufficient time to have another study done. Attorney Weiner requested the Board make a recommendation so the project could move forward. They want to be a good neighbor and show people that seem to have a hatred for the carwash, that the applicant is not their enemy and the . project is a good project. Mr. Casaine had a question for Steve Boudreau. Steve Boudreau, 275 Eliot Street, Beverly, Massachusetts assumed the podium. Mr. Casaineasked Mr. Boudreau if he was familiar with Motor City Carwash. Mr. Boudreau was aware of it. Mr. Casaine was familiar with Motor City Carwash as far as its operation and noise and asked Mr. Boudreau if he could compare the noise level of Motor City Carwash to the applicant's facility. Mr. Boudreau reported that Motor City Carwash has a central vacuum system and when pulling into the site the vacuum hoses were visible. A central vacuum system is the noisiest system. The applicant's facility does not have this type of vacuum system. It wilt have small self-service individual units. The blowers inside the carwash are muffled. The blowers at Motor City are somewhat similar to the applicant's blowers. Ms. Johnson asked Attorney Weiner if they were agreeable with the hours of operation, i.e. 7:00 a.m. to 7:00 p.m. Attorney Weiner responded they were in agreement with the hours. Ms. Johnson inquired .ifthe business would operate seven days per week and was informed that it would. Ms. Jaskiewicz pointed out there are other carwashes located near the applicant's site at Woolbright Road. Those two establishments have ingress and egress from two different streets. She felt this was a big' difference from the applicant's ingress and egress. Attorney Weiner responded the applicant's site has two ingresses and egresses as well. In addition, there will be a monument sign indicating how to enter the carwash. People would make a turn at the light, go around the backside and enter the carwash that would be safest way to enter the site. There is a right turn only onto Congress Avenue. Chairman Wische opened the public hearing. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 Mike William Morell, P.O. Box 18649, West Palm, Beach stated he is an attorney and practices land use and administrative law. He was present on behalf of his clients, Dr. Christopher and Mrs. Linda Chiodo and Christopher and Natalie Maloney that own property immediately north of the project site. Attorney Morell pointed out Dr. Chiodo has been a resident of the City for over 32 years and is very active and supportive of the City's redevelopment endeavors. He was representing Dr. Chiodo and his wife as residents that are being adversely affected by the project. Attorney Morell requested that Ms. Chiodo stand up and be recognized. Attorney Morell's other clients, Christopher and Natalie Maloney, were also present. Attorney Morell requested he be allowed to point out on the map where his clients live in relation to the project. Natalie Maloney, 1460 SW 28th Avenue, took the podium and pointed out where she lived on the map. Ms. Maloney also pointed out the location of the Chiodo's property. Attorney Morell noted the Chiodo's property is vacant land and they live at 2515 SW 13th Court, which is Golfview Harbor Terrace. Dr. Chiodo intended to use the vacant lot to build a home for his daughter who recently married. Attorney Morell pointed out the issue before the Board is whether the City of Boynton Beach applies consistent rules to the location of carwashes throughout the City and whether or not the carwashes are compatible with residential uses. Attorney Morell apologized for making the earlier objections, but noted a lawyer has a duty to his clients to make a record. When the Board departed from the procedures in the code with regard to how quasi-judicial proceedings are conducted, he felt it was necessary to make the objections. Attorney Morell also apologized if he offended anyone. Attorney Morell pointed out that Mr. Weiner noted on the record that this was a quasi- judicial proceeding after the proceeding had already begun. It was most unusual that the declaration of ex-parte communications did not occur at the beginning of the meeting and Board members began to ask questions of staff. He noted that Mr. Cwynar innocently voiced an opinion as to whether or not another expert opinion was needed. Attorney Morell felt Mr. Cwynar did this in good faith. Normally when a Board declares an ex-parte communication, they normally declare whom they spoke to, the nature of their communications and declare whether or not that person has an open mind on the issue and is still capable of making a decision based on all the evidence heard. Since this was not done in this case, Attorney Morell requested to preserve that objection. Chairman Wische called for point of order and asked Attorney Morell why he thought the Board made a decision prior to what he brought up. Attorney Morell felt it was improper for Board members to voice opinions before they have heard all of the testimony in the proceeding. Attorney Morell felt Mr. Cwynar voiced an opinion in good faith, but he felt what he said could be cured if Mr. Cwynar told Attorney Morell, 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 notwithstanding what he said, he was capable of hearing all of the evidence before he made a decision on the issue. Chairman Wische responded that all Board members have a duty to the City. This is a pro bono Board, but they follow City Codes and Ordinances. Speaking for all Board members, Chairman Wische noted members receive their backup material prior to the meetings and have an opportunity to study the material before they meet. When they attend the meeting, members listen to the applicant, the public hearing is declared, questions are asked, and after everyone has been heard, Chairman Wische would call for a motion. He was offended that Attorney Morell implied that the members were not acting correctly. Chairman Wische pointed out that he is the Chairman, he runs the meeting and he vouches for the Board. He did not want to hear any insinuations that they are doing anything wrong. Attorney Morell said he was duty bound for his client to make a record. He requested to present an objection that Chairman Wische was not allowing him to present an oral presentation. He said that quasi-judicial decorum allowed him to make presentations, but requested to move on. Chairman Wische said he could move on, but he should be cautious about what he said about the Board. Attorney Morell said his client had a right of free speech to say whatever she believed before the Board. If his clients cannot say what they believe, Attorney Morell felt it was evidence that the City's procedures have been violated. He further stated Chairman Wische was wrong as a matter of law, and the Board was denying citizen participation. Attorney Morell wished to address Mr. Saberson's question to staff regarding the application of the NOt. He stated the NOI was adopted for the study of the M-1 zoning district that recognized the vested rights of applicants that submit applications before changes are made in the code. An NOI is actually a moratorium that stopped applications from being submitted until the City decided on how it wanted to proceed. Therefore, if the City decided to amend the Code that stopped the application process, Attorney Morell felt the applicant had no vested rights. He would only agree with staff if the City chose to take the study and amend the Code. This is a quasi-judicial proceeding and the case at hand is a conditional use application. Information within that study, even at this stage and regardless of its content, would be the best evidence whether the application met the existing regulations. Attorney Morell pointed out the application makes major findings on the City's six M-1 zoning districts. It also contained a great many interesting comments about the district in which the site of the application is located. He would request, in addition to staffs request, that the Board postpone the item until staff had an opportunity look at the study. Attorney Morell noted that on Friday, staff did not have the sound study and staff was recommending that the matter be delayed until the study was received. The study has now been received; however, staff is still asking for additional time to review it. Attomey Morell would like more time to review the information and felt the City's rules of public 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida " November 22, 2005 participation should afford his clients the right to look at the sound study. He asked Attorney Weiner before the meeting to delay the matter, but he was not agreeable to doing this. Attorney Morell noted the matter would be on the City Commission's agenda for December 6th. Attorney Weiner sent a letter to the City Commission informing them that he had a conflict that night and must be in Delray Beach and Boynton Beach the same night. As a result, Attorney Weiner requested that Delray Beach place his item at the top of the agenda and Boynton Beach to put their item at the end of the agenda. Attorney Morell fe" this was against public participation. His clients worked hard to gather 2,000 signatures protesting the carwash and they had a chance to be heard during the rezoning hearings. He would like them afforded the same courtesy on the conditional use hearing. He felt that having the matter on the agenda at 11 :00 p.m. was too late for people to be heard. Attorney Morell requested the matter be continued for one month to allow him time to find an expert to do an additional sound study that would address Mr. Cwynar's question if another study were necessary. Attorney Morell questioned the fact that Mr. Cwynar, after his question was answered, voiced an opinion that they did not need any more information on the sound study to make a recommendation. Mr. Casaine interpreted this to mean that Attorney Morell was accusing a Board member of stating there was no need for another study. What Mr. Cwynar actually said was why would another opinion be needed. Further, Mr. Casaine requested that Attorney Morell refrain from reminding the Board members of their responsibilities because it was not necessary. Mr. Casaine requested that a time limit be set for Attorney Morell to speak because there are other people that would like to speak. Attorney Morell took offense to this remark and inquired if Attorney Weiner was allowed to speak longer than he was. Chairman Wische requested Attorney Morell stay with the issue at hand. Attorney Morell said there is an issue whether the City's Planning and Development Board is required to follow all of the City's quasi-judicial procedures. With regard to the issue of public participation that Attorney Morell continued to raise, Chairman Wische pointed out it was this Board that instituted public hearings many years ago. Chairman Wische noted this Board conducted public hearings on every issue. Attorney Morell stated the interruptions continue to deprive him of his right to make his record. Attorney Morell requested he be allowed to voir dire those Board members that declared. ex-parte communications, which he equated to three. Attorney Morell noted Chairman WlSche acknowledged his telephone call, but did not call him back. Attorney Morell asked Chairman Wische if spoke with anyone else about 14 Meeting Minutes Pfanntng and Development Board Boynton Beach, Fforlda November 22, 2006 the application to allow carwashes in the M-1 zoning district as conditional uses since the adoption of the ordinance. Chairman said he did not speak with anyone to his knowledge. Attorney Morell asked Chairman Wische if he spoke with anyone previously and Chairman Wische asked Attorney Morell if he was on trial. Attorney Tolces announced that the Board members have complied with their responsibilities under the City's ex-parte communications and are under no obligation to answer any questions posed by Mr. Morell. Attorney Morell disagreed, but would reserve his objections. Attorney Morell stated this is a case whether the City fairly applied its existing regulations for allowing carwashes and whether all neighborhoods are treated the same. Attorney Morell felt there is a difference in the way the law is being applied in the City. The minutes of the City Commission Meeting of October 21, 2003 show the City applied variances to a carwash located in Commissioner McCray's district called the Marouf Carwash and was approved over the objections of the neighborhood residents. When the vote was taken, Commissioner McCray opposed the variances. At the next Commission meeting, a motion was made to rescind the quasi-judicial variance on the grounds of incompatibility. Over the objections of the. City Attorney regarding possible legal ramifications, the City reversed its vote and the variances were rescinded 5-0. Attorney Morell requested that the Commission minutes of October 21, 2003 and November 18, 2003 be included with the minutes of this meeting. Attorney Morell provided copies to the Clerk. Chairman Wische requested Attorney Morell sum up his testimony. Attorney Morell asserted that his rights have been denied because of all the side bar interruptions. Mr. Saberson requested that Attorney Morell be provided five more minutes to sum up his presentation. Chairman Wische granted Attorney Morell three minutes for summation. Attorney Morell noted there was no clock running, to which Chairman Wische took offense to the comment. Attorney Morell requested to discuss the wall. He noted the staff report recommended a wall be constructed on the applicant's property. The applicant is requesting shrubbery in place of a wall. This is the only condition in dispute raised by Attorney Weiner. Attorney Morell stated there are legal and impact grounds why the wall should be placed between the carwash and his clients' properties. They have tried to ask the developer to place the wall to obstruct sight and sound that he considered a reasonable condition. He noted the wall placed by the self-storage facility proved beneficial to Golfview Harbor, and he would like this wall extended to the carwash property as well. If the wall were extended out to Congress Avenue, it would mitigate the noise. Attorney Morell felt this Board has the right to ask that the wall be 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 placed on the joint property, since the applicant has refused to place the wall on his property . Klaus Weyers, 1079 Kokomo Key Lane, Delray Beach, Florida, was amazed at how the proceedings have gone tonight. Mr. Weyers was a real estate agent. He sells property in Boynton Beach and plays tennis in Caloosa Parle He would like to have a carwash in the vicinity so after he plays tennis, he could get his car washed. Mr. Weyers pointed out there has been no regard for the business people that have purchased the property and invested their money. He felt they were being required to jump through hoops for more than one year to get their project approved. He thought a great deal of money was being spent needlessly. He requested that the Board approve the carwash. Ken Sengage, 201 East Boynton Beach Boulevard, would like to see the case postponed so that additional sound studies could be conducted. He felt the sound study indicating 69 to 70 decibels is inaccurate. He owned the carwash across from City Hall and his blowers put out 110 decibels according to his sound meter. He would recommend that the case be postponed for one month until the sound studies are done properly. Mr. Saberson said if the conditional use application was filed after the Notice of Intent, he felt the results of the application would be subject to the NOt. Attorney Morell responded that the applicant filed their application prior to the NOI taking effect. This was not the issue according to Attorney Morell. The issue is whether the information could be used for purposes of making decisions on the conditional use application. Attorney Morell was not going to represent that the applicant should not have vested rights to any subsequent changes to the ordinances that are made as a result of the report. Attorney Morell stated the applicant had vested rights with regard to any changes in the LOR. He felt, however, the information in the report is relevant whether a conditional use application should be granted. Attorney Weiner inquired if the Board would be amenable to allow him a rebuttal and Chairman Wische instructed Attorney Weiner to give his rebuttal at this time. Attorney Weiner referred to the. one house that was north of the property and was, in fact, only a short distance from Congress Avenue. He noted the acoustical engineer reported that the background traffic on Congress Avenue either equaled or exceeded the carwash blowers. He pointed out that this person purchased the house knowing that it was located next to Congress Avenue. Attorney Weiner did not feel that a carwash located 250 feet from the house would disturb the occupants of that house. Attorney Weiner also pointed out that the owner of the house could build their own wall or fence if they so desired. He also noted the project has exceeded the standards set by the code and they provided an acoustical report, which they were not required to do. He 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2006 also pointed out, except for himself and staff, no one else addressed the 12 standards that must be met under Section 11.0 for granting a conditional use. Attorney Weiner requested the Board look at those standards when considering the request for a conditional use approval. Attorney Weiner concluded his report Mr. Casaine noted that he and the other Board members consider the recommendations and look at the analysis of staff when items come before the Board. He is proud of staffs work and felt they did an excellent job for the City. The Board does not always go with staff's recommendation and may have criteria of their own, but the Board is committed to the City. Mr. Casaine addressed whether the carwash would be compatible with other uses in the area and he felt it would be. He pointed out Tire Kingdom, located across the street, is in an industrial area. He went out to the site several times to make sure the carwash would not interfere with the lifestyle of the nearby residents. Mr. Casaine noted that Motor City Carwash is directly across the street from Santaluces High School and next door to a grammar school. In addition, there are very nice homes that surround Motor City carwash. He pointed out when you stood outside Motor City Carwash there was very little noise, except for a slight humming. This carwash has nine blowers operating at full blast. With regard to Main Street Carwash, Mr. Casaine noted the noise that emanates from that carwash far exceeds other carwashes that he visited. He pointed out he was a customer of Main Street Carwash. If Mr. Casaine thought the noise from the carwash would disturb the nearby residents, he would make sure buffers to shield the noise were installed. However, this is not the case and he did not feel it was necessary for the project. Mr. Casaine felt a carwash along Congress Avenue would make less noise than the traffic along Congress Avenue. He referred to the acoustical study that was provided to the members. He did not feel, even though staff was recommending it, that another study be done. With regard to other developments in the area, Mr. Casaine felt they should not even be in the picture because they are not near the site. Mr. Casaine was ashamed the City put businesspeople through the exercise that has taken place tonight. In his opinion, there was no justification to deny the carwash, since this Board previously approved Motor City Carwash. Ms. Jaskiewicz asked Mr. Casaine if he spoke so passionately when the carwash in Commissioner McCray's district was being considered and asked why that carwash was not allowed. Mr. Casaine said he supported that carwash as well and spoke in favor of approving it before the City Commission. The reason why the Marouf carwash was disapproved was due to the concern of the residents that lived in the neighborhood. 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 22, 2005 They spoke at the meetings citing illegal activities taking place near the Marouf property that had nothing to do with what was being discussed tonight. Chairman Wische closed the public hearing. Mr. Saberson favored staff's request for another acoustical study before this Board considered the application. He felt that noise was the biggest consideration for the project. Chairman Wische pointed out the project had been tossed around. No matter what the applicant agreed to, staff found another issue to deal with and the project kept getting postponed. Chairman Wische noted several carwashes have been built in the City and he was not aware of any carwash being required to obtain a certified acoustical study. He was surprised that staff again wanted to postpone the item in order to obtain another acoustical study. If staff wanted another study done, they could do so prior to the Commission meeting in December. He was not in favor of delaying the project any further because it was not fair to the applicant. Motion Mr. Casaine moved that the request for Conditional Use and Site Plan approval for a 4,595 square foot automated carwash facility and related site improvements on a 0.88- acre site zoned M-1, Industrial be approved with all staff conditions, with the exception that the buffer be the buffer indicated by the applicant. Ms. Jaskiewicz inquired if Mr. Casaine intended to eliminate the wall recommended by staff. Mr. Casaine said this was correct. Ms. Johnson seconded the motion. Vote The Recording Secretary called the roll. The motion carried 4-3 (Ms. Jaskiewicz, Mr. Saberson and Mr. Baldwin dissenting). Recess was declared at 8:28 p.m. The meeting reconvened at 8:40 p.m. Attorney T olces reported that Mr. Saberson left the meeting and it would be in order to ask the new alternate to assume his place. Ms. Grcevic replaced Mr. Sabersonat the dais. C. Nautica Master Plan Modification. 1. Project: Agent: Nautlca (MPMD05-012) Troy Cool and Robert Williams 18 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) ~ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Establish a date certain to conclude review of application for conditional use and site plan. EXPLANATION: This matter was considered at the Commission's December 6, 2005 Commission meeting as a public hearing item. The Applicant is seeking approval of a conditional use to operate a car wash and approval of a site plan. Following an extensive quasi-judicial hearing, a motion to deny the application failed by a vote of 2 - 3. A subsequent motion to approve the car wash with a condition was made and seconded. Prior to a vote on the motion to approve a subsidiary motion to postpone was made and seconded. The subsidiary motion passed 3 - 2. Although no specifIc date for resumption of the matter was fixed, it is appropriate that this matter be returned to this (January 3rd) agenda as public notice requirements are in play. The Applicant has requested that the matter be continued to the January 17, 2006. The Applicant's request should be considered by the Commission in establishing a continued hearing date when the Commission deliberation can be concluded and a vote taken on the main motion to approve. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Conclude Commission deliberation and [mal vote on pending motion to approve the application fmco~nal u,oand ,ire pI.. _,} ~ II~ _ Z~~. -~~( ~ ~ Depa ent Head's SIgnature City Manager's Signature t 1 T Y A TTOI2IV~ Department e ~--= ~ City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Page 1 of2 Prainito, Janet From: Prainito, Janet Sent: Thursday, December 29, 2005 11 :24 AM To: Bressner, Kurt Subject: RE: Letter to Mr. Miller- Rapido Rabbit I will put a copy in Central File and keep a copy with the original agenda packet. Thank you. )ClVlet M. PVClLVlLto, CMC CLttj CLevR 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone: (561) 742-6061 FAX: (561) 742-6090 email: Prainitoi(1i)ci.boYnton-beach.f1.u5 '"~'---^'--~"--'-~'~-",_-~"_,"----_"_,~,_,,,_,_,,_,,~.~..~,.,--_.~,.,-----~--- From: Bressner, Kurt Sent: Thursday, December 29,2005 11:10 AM To: Prainito, Janet Subject: FW: Letter to Mr. Miller- Rapido Rabbit This is the letter that went out to the petitioner yesterday. Joyce can get you a signed copy for your files if you need it. Commission was faxed the letter also. Kurt ^...,._._.--..--"_._._._._.w.,.....,."..,,...-.~_.._..-,-....,._.___...,,---^""_.,.,.,_~.__~_._.__,.~.~~,__,..___~______.,..____..__".~._.__. From: Bressner, Kurt Sent: Wednesday, December 28, 2005 10:55 AM To: Costello, Joyce Cc: Greene, Quintus; Rumpf, Michael; Cherof, James Subject: Letter to Mr. Miller- Rapido Rabbit Draft letter - please review and advise Joyce if ok. We need to send/fax today. Need inside address By FAX and US Mail Re: Rapido Rabbit Car Wash - Site Plan/Conditional Use Application Dear Mr. Miller: Michael Rumpf forwarded a copy of your letter dated December 27, 2005 withdrawing your request that the site plan/conditional use permit application for Rapido Rabbit Car Wash continuation to January 17, 2005. You now are requesting the matter be heard by the City Commission on January 3,2005. No reasons were given in your letter for the new date. Please be advised, we have not received the requested information in support of your application as requested by staff. The matter before the City Commission on January 3rd will be solely that of scheduling this matter to a date certain. This will allow all interested parties to receive notice and an opportunity 12/29/2005 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM B. Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Off!7e 0 December 6, 2005 0 December 20, 2005 ~ January 3,2006 0 January 17, 2006 November 14,2005 (Noon.) o February 7,2006 o February 21, 2006 o March 7, 2006 o March 21, 2006 January 17,2006 (Noorff2 t'l CJ February 6, 2006 (NOO~ February 21, 2006 (NooID': --f ~ December 5, 2005 (Noon) ,.< December 19, 2005 (Noon) January 3, 2006 (Noon) N March 6,2006 (Noon) .. f',,) C/\ C..J ~~ '~:OJ ."":fT1 0):> ,"7j(J ::t: NATURE OF AGENDA ITEM o Administrative o Consent Agenda ~ Public Hearing o Bids o Announcement o City Manager's Report o Development Plans o New Business ~ Legal o UnfInished Business o Presentation RECOMMENDATION: Please place this request on the January 3, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended the subject request be approved on December 13, 2005. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-215. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Gulfstream Gardens Phase II (ANEX 05-004) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166 acre portion of a 5.47 -acre project. DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES, A . N~A ~~ D"'eIOP~~~ C;ty Mona.",', S;gnatme PI~ J~, ~e; I '_ee I Humao Re,mrree, S:\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens ll\ANEX\Agenda Item Request Gulfstream Gardens II ANEX 05-004 1-3. 06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 3.166* ACRES OF 5 PARTIALLY DEVELOPED PARCELS OF LAND 6 THAT IS CONTIGUOUS TO THE CITY LIMITS 7 WITHIN PALM BEACH COUNTY AND THAT 8 WILL, UPON ANNEXATION, CONSTITUTE A 9 REASONABLY COMPACT ADDITION TO THE 10 CITY TERRITORY; PROVIDING THAT THE 11 PROPER LAND USE DESIGNATION AND PROPER 12 ZONING OF THE PROPERTY SHALL BE 13 REFLECTED IN SEPARATE ORDINANCES TO BE 14 PASSED SIMULTANEOUSLY HEREWITH; 15 PROVIDING FOR CONFLICTS, SEVERABILITY, 16 CODIFICATION AND AN EFFECTIVE DATE; 17 PROVIDING THAT THIS ORDINANCE SHALL BE 18 FlLED WITH THE CLERK OF THE CIRCUIT 19 COURT OF PALM BEACH COUNTY, FLORIDA, 20 UPON ADOPTION. 21 22 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 23 development of an Annexation Program; and 24 WHEREAS, The owners, Palm Beach Chinese Christian Chapel, Inc., 25 Parbhubhai K. Patel and Howard K. Britt, by and through their agent, Bradley Miller, 26 Miller Land Planning Consultants, Inc., of the property more particularly described 27 hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, 28 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing 29 a certain traCt df land consisting of approximately 3. I 66 acres; and 30 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 31 following tract of land as hereinafter described, in accordance with Article I, Section 7 32 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; 3 3 and 34 S:\CA \Ordinances\PJanning\Annexations\Annexation - Gulfstream Gardens ILdoc 1 WHEREAS, said tract of land lying and being within Palm Beach County is 2 contiguous to the existing city limits of the City of Boynton Beach, and win, upon its 3 annexation, constitute a reasonably compact addition to the City territory. 4 NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COMMISSION 5 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section I. The foregoing Whereas clauses are true and correct and 7 incorporated herein by reference. Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 8 9 Boynton Beach, Florida and Section 171.044, Florida Statutes the fonowing described 10 unincorporated and contiguous tract of land situated and lying and being in the County 11 of Palm Beach, Florida, to wit: 12 See attached Exhibit "A" 13 14 CONTAINING APPROXIMATELY 3.166 ACRES OF LAND 15 16 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shan 1 7 be and become part of the City with the same force and effect as though the same had 18 been originally incorporated in the territorial boundaries thereof. 19 Section3: That Section 6 and 6(a) of the Charter of the City of Boynton Beach, 20 escribed in-Section 1 of this Ordinance. lorida, is hereby amended to reflect the annexation of said tract of land more particularly 21 22 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 23 oning designation and Land Use category is being determined as contemplated in Section 24 171.162(2), Florida Statutes. 25 Section 5. An ordinances or parts of ordinances in conflict herewith are hereby 26 epealed. S:\CA \Ordinances\PJanning\Annexalions\Annexation - GulfSlream Gardens I1.doc 1 Section 6: Should any section or provision of this Ordinance or any portion thereof 2 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 7: This Ordinance shall not be passed until the same has been advertised 5 or two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 6 each, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 7 Section 8. This ordinance shall become effective immediately upon passage. 8 Section 9. Specific authority is hereby given to codifY this Ordinance. 9 Section 10. This ordinance, after adoption, shall be filed with the Clerk of the 10 Circuit Court of Palm Beach County, Florida. day of ,2006. 11 FIRST READING this 12 SECOND, FINAL READING and PASSAGE this ~ day of _______, 2006. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 7 ATTEST: 28 29 30 City Clerk 31 32 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Annexations\Annexation - Gulfstream Gardens ILdoc LAND DESCRIPTION GULFSTREAM GARDENS PHASE II (PCN 00-43-46-04-17-000-0430) LOTS 43,53, 53A, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73. (PCN 00-43-46-04-17-000-0541) THE EAST 300 F.EET OF LOTS 54 AND 55, AMENDED PLAT OF TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA THEREOF, IN PLAT BOOK 21, PAGE 73, SUBJECT TO THE EXISTING RIGHT-OF-WAY OF U.S. HIGHWAY #1, TOGETHER WITH IMPROVEMENTS LOCATED THEREON. TO: FROM: THROUGH: DATE: PROJECf NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING Be. ZONING DMSION MEMORANDUM NO. PZ 05-215 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner . ~ Michael W. Rum;i1() Director of Planning and Zoning November 1, 2005 Gulfstream Gardens II/ AN EX 05-004 & LUAR 05-012 Annex a portion of the property, amend the future land use designations from CH/5 Commercial High Intensity with an underlying 5 du/ac residential potential (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) to Special High Density Residential (SHDR) and rezone the properties from CG General Commercial (Palm Beach County) and C-3 Community Commercial to PUD Planned Unit Development. Property Owner( s): Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: PROJECT DESCRIPTION Palm Beach Chinese Christian Chapel, Inc, Parbhubhai K. Patel and Howard K. Britt Gulfstream Gardens, LLC/Miller Land Planning Consultants, Inc. Approximately V4 mile north of the intersection of Gulfstream Boulevard between Federal Highway and Old Dixie Highway (Exhibit \lA'') :t5.47 acres CH/5 (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) CG General Commercial (Palm Beach County), C-3 Community Commercial and C-4 General Commercial Special High Density Residential (SHDR) Page 2 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II Proposed Zoning: PUD Planned Unit Development Proposed Use: 108 multi-family dwelling units in Phase II of the Gulfstream Gardens development containing a total of 307 units Adjacent Uses: North: To the northeast, property within the City of Boynton Beach currently being developed as a multi-family residential project (Bayfront) classified Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development. To the northwest, developed (residential) property lying in Palm Beach County designated CHIS and zoned CG General Commercial South: Property designated Special High Density Residential (SHDR) and zoned PUD Planned Unit Development approved for development as multi-family residential (Gulfstream Gardens I) East: Right-of-way of Federal Highway then property in Palm Beach County designated CHIS and zoned CG General Commercial West: Rights-of-way of Old Dixie Highway and the FEC railroad then property designated Conservation (C) and zoned REC Recreation (Seacrest Scrub) EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Communitv RedeveloDment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 5.47 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs Page 3 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II 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. Master/Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan for Gulfstream Gardens Phase II continues the overall design of Phase I lying to the south, which was approved on October 5, 2005. General ingress and egress to the property is from Phase I, with only an external emergency access being provided from Old Dixie Highway. The internal circulation is provided by 24' wide bidirectional drives. The circulation layout appears maze-like and somewhat inconvenient for residents living near the center of this second phase of development. Staff recommends that access and circulation pattern be improved by converting the emergency access to a secondary ingress/egress driveway to Old Dixie Highway. Residential units are contained in 10 three-story buildings each containing 11 units. Four of the buildings surround a central recreation area containing a swimming pool, cabana and spa. One building is parallel to Federal Highway, with another perpendicular to the roadway. One building is parallel to Old Dixie Highway. Unit sizes and configurations range from a two bedroom/two bath unit type containing 1,265 sq. ft. under air, up to a three bedroom/three and one-half bath unit type containing 2,515 sq. ft. under air. All of the units have porches, patios and decks. Required parking for residents and the recreation area total 221 spaces; the site plan shows a total of 249 spaces provided in a combination of internal garages, carports and regular parking spaces. Since a site plan is substituting for a master plan, as required for rezoning to the PUD district, a more comprehensive discussion of the details will be provided by staff as a part of the review of the corresponding site plan. Review Based On Criteria 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the property under consideration is a combination of Page 4 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II lands lying within the City as well as lands proposed for annexation. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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 Citys risk manager. The planning department shall also recommend limitations or requirements/ which would have to be imposed on subsequent development of the propeltyj in order to comply with policies contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and ''Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will Page 5 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 lands to both the south, where the Gulfstream Gardens Phase I is located, and to the northeast where Waterside, a project with similar densities and the same land use designation is located. The three single-family buildings located in the unincorporated area on the northwest of the property are designated and zoned for commercial development and the structure fronting on Old Dixie Highway appears to have a commercial use. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 46,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 22,000 gallons per day. A traffic impact analysis was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. On September 22, 2005, the Palm Beach County Traffic Division determined that the proposed residential project is located in the county designated Coastal Residential Exception area and therefore, meets the Traffic Performance Standards of Palm Beach County. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities Page 6 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II throughout the lO-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 site plan approval, 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 stated above in response to Criterion "b", the proposed land use and zoning would be consistent with those of adjacent properties to both the northeast and south of the subject property. Any effects on property values would be positive. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with a variety of uses, ranging from a church on Old Dixie Highway to a motel and electric service company on Federal Highway. The economic viability of these uses is questionable, considering the transition to residential uses that is occurring with redevelopment of the corridor under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. 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 requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. The project proposed for the property is a continuation of the development lying immediately to the south. The addition of these 5.47 acres to the project will give the final development a total of 15.46 acres, and be one of the more sizeable residential developments in the corridor; similar in size to the Villa del Sol project, which was approved in 2000. The proposed pricing of the units, starting in the $3oo,000s, is on the lower end of the scale for residential units in the corridor. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 dujac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. Page 7 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; and, 3. That because the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and . 4. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; therefore, 5. The requested land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Guffstream Gardens\Gulfstream Gardens U\LUAR\STAFF REPORT GULFSTREAM IT.doc LOCATION MAP Gulfstream Gardens II ANEX 05-004 & LUAR 05-012 III I I ;~ I if JI('I ~~ y '/ / / w.1. 1 J II / / 'I LJ II 1/1 I I I II I;; ,I;Y" I 1/ C I r I //~j I I r- I ~ ~~q.r. .jl ~ T I j?i: ) ~I~ .~~~ I I...- _ ~ ~~l"hYA ~~~~ - ~ L- '---- - f--- - f--- _ f--- f--- _ - '--- t I I I ,. .. I 7./J :/ LLgJ fIT ~1 I I I 4 ~ ~ t I I n j .- ._- =7- I I r / I ..J I I '/< f t I ~ I L~ j / /1 {/ ~~ ~ 'i,., /; ----. 500 250 Exhibit A I ~i I I J/ - I ~ ~ - )~ - - - - r--- - - - - - '---- r-- l--- I ' J. // \ \ / o N 500 Feet A Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Description: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Owner: Location: Land Use Plan Amendment/Rezoning Location: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and 2. Project: Agent: Owner: Description: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dick Hudson, Planner, stated staff recommended approval of the request for annexation and land use amendment change as requested. Gulfstream Gardens II was a follow-on project to Gulfstream Gardens I the Board heard a year ago. The project is located just south of the Palm Cove project, which the Board approved at this meeting. The annexation request is consistent with the City's annexation policies; the property is contiguous to properties lying within the City of Boynton Beach and forms a reasonable compact addition to the City boundaries. The future land use amendment is consistent with the policies in the City's adopted Comprehensive Plan, and particularly that portion of the land use element that defines Special High Density Residential and its uses relative to redevelopment planning and urban densities and housing opportunities. The plan for this property is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan and meets all of the criteria for review as required under the Land Development Regulations. Approval of the site plan would be required simultaneously with approval of the zoning and land use. New Site Plan 3. Project: Agent: Gulfstream Gardens Phase II (NWSP 05-028) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. Owner: Location: Description: Eric Johnson, Planner, reviewed the site plan request. The maximum density allowed by the Special High Density Residential land use is 20 du/acre, which would allow for 109 units in this project. The site proposes 110 town house units, which exceeds the project's maximum allowable density. If Gulfstream Gardens Phase I and Phase II were combined under a Unity of Title, this objection would go away. Gulfstream Gardens Phase I was approved with one unit short of what it could have. Staff reviewed the project in terms of concurrency and determined any infrastructure or services that are not in place as of today would be in place prior to the issuance of any building permits. In Phase II the site plan proposes an alternate point of emergency ingress and egress with a driveway opening meant for the use of emergency vehicles only. Based on the number of units in the development, the overall design, and for safety purposes, staff recommended finishing the driveway for full ingress/egress for use of the residents. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13,2005 The project is over parked by 26 spaces. More than one half an acre of the subject property would have a "green area" designation. The buildings would be set back at least 16.4 feet from the east (front) property line along Federal Highway. The site plan proposes ten 3-story buildings throughout the development. Staff reviewed the site plan and recommended approval contingent upon meeting the 33 conditions of approval. Mr. Johnson asked condition of approval #20 be modified and replaced with the following language: The Special High Density Residential Land Use classification allows for up to 20 du/acre. Based on the project acreage, the site plan would be limited to a total of 109 dwelling units. At the time of permitting, eliminate one dwelling unit and submit a rectified site plan so there are no more than 109 dwelling units; 00 a rectified master plan showing Phase 1 and Phase 2 combined with no more than 308 dwelling units. That Unity of Title Master Plan would insure the project density would meet the requirements of Special High Density land use classification. Vivian Brooks, CRA Planner, met with the applicant and expressed a concern about the lack of a sidewalk in the City's easement from the individual units. She had requested this to create the pedestrian environment on Old Dixie Highway, but the applicant did not comply with her request. It created more of a gated community feel on Old Dixie, which is not consistent with a number of other developments approved by this Board in the recent past. She requested the applicant comply with that request to be consistent with other developments with Old Dixie frontage. This would be Condition of Approval #34, if the Board chose to add it. Mr. DeMarco asked for the timetable for Phase I and Phase II of the project. Staff commented the timetable for Phase 1 had been approved previously. He deferred to the applicant for more details on the timetable. The Board did not have any further questions. Bradley Miller, Miller Land Planning Consultants, Inc., appeared as representative for the owners of the project. Mr. Miller stated the applicants were in agreement with a majority of the Conditions of Approval. They agreed with Mr. Johnson's restatement of condition #20. They wanted to discuss condition #33. In regard to the sidewalk issue raised by Ms. Brooks, there are sidewalks that lead out to the Federal Highway side. On the Dixie Highway side there was going to be additional landscaping. This was a continuation of the already-approved Phase I project. The applicant proposed an emergency exit location at the northwest corner of the project. They had primary access points on Federal Highway, as part of Phase I, that led directly in to the clubhouse that will serve the whole community. There was also an access point on Dixie Highway. The applicant felt a third access point was not a requirement due to traffic conditions from the County or the City. They felt having it would breach some of the privacy they wanted to create with the community. The applicant felt the number and location of driveway ingress and egress points was sufficient and requested that condition #33 be stricken. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Mr. Barretta inquired why the applicant objected to Ms. Brooks' recommendation for sidewalks. Mr. Miller responded they were trying to continue the same theme as Phase 1. They were providing sidewalks on the Federal Highway side, but wanted to create privacy for the residents on the Old Dixie Highway side. Chair Heavilin noted a sidewalk on the Old Dixie Highway side was shown on the site plan for Phase 1. Mr. Myott responded it was the connections from the sidewalk to the front doors of the units. The ones on the Federal Highway side were very short but on Old Dixie Highway, because of the right-of-way, they would be quite long. He thought there could be some kind of "faux" design where the fences changed to mimic what was happening on the Federal Highway side - by changing the post pattern possibly. Ms. Brooks agreed with City staff's comments about a third point of ingress/egress for the convenience of certain residents who would, otherwise, have to drive for quite a distance before they could exit the community. Mr. Myott suggested tying the third emergency access road to the trash compactor site, which was oddly situated in the present design. Mr. Miller thought this was a possibility and agreed to continue to work with staff on this. Michael Rumpf, Planning & Zoning Director, stated the City was seeing more projects approved, even small ones, with two or more entrances. There was greater acceptance of a denser environment, but the need for more points of ingress/egress would continue. Chair Heavilin opened the floor to the public and closed it when no one wished to speak. Motion Mr. Barretta moved to approve the annexation request for Gulfstream Gardens Phase II (ANEX 05-004). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Land Use Plan Amendment/Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the site plan for Gulfstream Gardens Phase II (NWSP 05-028), subject to the 33 conditions of approval and the one condition of CRA staff. Vice Chair Tillman seconded the motion that passed 6-0. Mr. Miller asked if the motion had included the modification to condition of approval #20, and Mr. Barretta said that was the condition of record. 13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIlla-PUBLIC HEARING ITEM C. Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 6, 2005 November 14, 2005 (Noon.) 0 February 7,2006 0 December 20. 2005 December 5, 2005 (Noon) o . February 21, 2006 IZI January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 0 January 17,2006 January 3,2006 (Noon) 0 March 21, 2006 Date Final Form Must be Turned in to City Clerk's Office January 17, 2006 (Noon) February 6, 2006 (Nool2::, ;-'1 C~) -~,' I February 21, 2006 (NOO~ _; ~'-: March 6,2006 (Noon) . __ (./) -~-; C~J N ~'l 0 "CD Administrative 0 Development Plans r'..) ~fT1 ::'ci )> -....j ,. (") NATURE OF 0 Consent Agenda 0 New Business -.- --- AGENDA ITEM IZI Public Hearing IZI Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended, that the subject request be approved on December 13,2005. For further details pertaining to the request, see attached Department of Development Memorandum No. 05-215. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P. B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to Special High Density Residential (SHDR); and DESCRIPTION: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD). Proposed Use: Phase II of a multi-family residential development. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ,/ /7 ~ ~ager's SIgnature ~lJ7 /___ ~~~ Planning ..d Zonill~rr<cto' . '~ tttomey I 'manee I H"""" R",omee, S:\Planning\SHAREDlWP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens II\LUAR\Agenda Item Request Gulfstream Gardens II LUAR 05-012 1-3- 06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY PALM BEACH CHINESE CHRISTIAN 8 CHAPEL, INC., PARBHUBHAI K. PATEL AND 9 HOWARD K. BRITT, AND LOCATED 1 0 APPROXIMATELY ONE-QUARTER MILE NORTH OF 11 THE INTERSECTION OF GULFSTREAM 12 BOULEVARD BETWEEN FEDERAL HIGHWAY AND 13 OLD DIXIE HIGHWAY; CHANGING THE LAND USE 14 DESIGNATION FROM CHIS (PALM BEACH 15 COUNTY), LOAL RETAIL COMMERCIAL (LRC) AND 16 GENERAL COMMERCIAL (GC) TO SPECIAL HIGH 1 7 DENSITY RESIDENTIAL (SHDR); PROVIDING FOR 18 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 19 DATE. 20 21 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 22 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 23 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 24 Comprehensive Planning Act; and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 27 WHEREAS, after two (2) public hearings the City Commission acting in its dual 28 capacity as Local Planning Agency and City Commission finds that the amendment 29 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 30 the best interest of the inhabitants of said City to amend the aforesaid Element of the 31 Comprehensive Plan as provided. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 33 CITY OF BOYNTON BEACH, FLORIDA, THAT: S,\CA\Ordinances\Planning\Land Use\Gulfstream Gardens II.doc 1 Section l: The foregoing WHEREAS clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 4 following: 5 That the Future Land Use of the following described land located approximately one- 6 quarter mile north ofthe intersection of Gulf stream Boulevard between Federal Highway and 7 Old Dixie Highway in Boynton Beach, Florida shall be changed from CH/5 (Palm Beach 8 County), Local Retail Commercial (LRC) and General Commercial (GC) and shall now be 9 designated as Special High Density Residential (SHDR): 10 See Legal Description Attached Hereto as Exhibit "A" 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 ofthe 16 Future Land Use Plan shall be amended accordingly. 17 Section 4: All ordinances orparts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof be 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens II.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this ~ day of ~__~__ ,2006. 3 SECOND, FINAL READING and PASSAGE this ~ day of ,2006. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 ATTEST: 21 22 23 City Clerk 24 2 5 (Corporate Seal) 26 Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Land Use\Gulfstream Gardens II.doc LAND DESCRIPTION GULFSTREAM GARDENS PHASE II (PCN 08-43-46-04-17-000-0410) LOTS 41 AND 42, AND LOTS 54 AND 55, LESS THE EAST 300 FEET OF SAID LOTS 54 AND 55 "AMENDED PLAT OF TRADE WINDS ESTATES, ACCORDING TO THE PLAT THEREOF, ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 21, PAGE 73. TOGETHER WITH: (PCN 00-43-46-04-17-000-0541) THE EAST 300 FEET OF LOTS 54 AND 55, AMENDED PLAT OF TRADE WINDS ESTATES, PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA THEREOF, IN PLAT BOOK 21, PAGE 73, SUBJECT TO THE EXISTING RIGHT-OF-WAY OF U.S. HIGHWAY #1, TOGETHER WITH IMPROVEMENTS LOCATED THEREON. TOGETHER WITH: (PCN 00-43-46-04-17-000-0430) LOTS 43,53, 53A, AMENDED PLAT OF TRADE WINDS ESTATES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 21, PAGE 73. SAID LANDS CONTAINING A CALCULATED NET AREA OF 238,296.75 SQUARE FEET (5.47 ACRES), MORE OR LESS. ,:::v}.J/~lr \\i\-'/ 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF GULFSTREAM GARDENS, LLC, 6 AMENDING ORDINANCE 02-013 TO REZONE A 7 PARCEL OF LAND LOCATED APPROXIMATELY 8 ONE-QUARTER MILE NORTH OF THE 9 INTERSECTION OF GULFSTREAM BOULEVARD 10 BETWEEN FEDERAL HIGHWAY AND OLD DIXIE 11 HIGH'VAY, AS MORE FULLY DESCRIBED 12 HEREIN, FROM COMMUNITY COMMERCIAL (C- 13 3), GENERAL COMMERCIAL (C-4) CITY AND 14 GENERAL COMMERCIAL (CG) PALM BEACH 15 COUNTY TO PLANNED UNIT DEVELOPMENT 16 (PUD); PROVIDING FOR CONFLICTS, 17 SEVERABILITY, AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 20 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 21 WHEREAS, Palm Beach Chinese Christian Chapel, Inc., Parbhubhai K. Patel and 22 Howard K. Britt, owners of the property located approximately one-quarter mile north of the 23 intersection of Gulfstream Boulevard between Federal Highway and Old Dixie Highway in 24 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its 25 agent, Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix A-Zoning, of 26 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel 27 of land, said land being more particularly described hereinafter, from Community Commercial 28 (C-3), General Commercial (C-4) City and General Commercial (CG) Palm Beach County to 29 Planned Unit Development (PUD); and 30 WHEREAS, the City Commission conducted a public hearing and heard testimony 31 and received evidence which the Commission finds supports a rezoning for the property S:\CA \Ordinances\Planning\Rezoning\Rezoning - Gulfstream Gardens lI.doc 1 hereinafter described; and 2 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 3 an amendment to the Land Use which was contemporaneously considered and approved at the 4 public hearing heretofore referenced; and 5 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 6 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section I. The foregoing Whereas clauses are true and correct and incorporated 10 herein by this reference. 11 Section 2. The following described land located approximately one-quarter mile 12 north of the intersection of Gulfstream Boulevard between Federal Highway and Old Dixie 13 Highway in the City of Boynton Beach, Florida, as set forth as follows: 14 See Legal Description Attached hereto as Exhibit "A". 15 16 17 be and the same is hereby rezoned from Community Commercial (C-3), General Commercial 18 (C-4) City and General Commercial (CG) Palm Beach County to Planned Unit Development 19 (PUD). A location map is attached hereto as Exhibit "B" and made a part ofthis Ordinance by 20 reference. 21 Section 3. 22 accordingly. 23 Section 4. 24 repealed. That the aforesaid Revised Zoning Map of the City shall be amended AU ordinances or parts of ordinances in conflict herewith are hereby S:\CA\Ordinances\Planning\Rezoning\Rezoning - GulfslTeam Gardens 1l.doc 1 Section 5. Should any section or provision of this Ordinance or any portion thereof be 2 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 3 remainder of this Ordinance. 4 Section 6. This ordinance shall become effective immediately upon passage. 5 FIRST READING this _ day of ,2006. 6 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 3 1 City Clerk 32 33 (Corporate Seal) 34 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:ICA 10rdinances\Planning\Rezoning\Rezoning - Gulfstream Gardens Il.doc ,.. 11 -/I 10 I I" 1~' ., ~ I ~~ I 'l --- ;::.~.""1 / r / I I I I LOCATION MAP Gulfstream Gardens II ANEX 05-004 & LUAR 05-012 Exhibit !3 l'i i / ~r-;. 17, ~y ;-// / . -VV A 'l / / ! 1I f. / 7 If /i I (r:=:: / ;r JI L 1IIII1 I ,// I I ~ ~I:" I J '// ~ r / I II I--i I r 7f I I I / ~I T I J ~_ i ~ :I' ., :I'~"/ 11 -= I ~~ /. ~ ~ ~ ~ ~ ~ :I' ~ 7 . ;-- ) ~/ ~ ~ ~~ ~ ~ "/ l--- >------ I ~~ ~/ ~ /~00"~ '-- _ - i /"/'/ I I ~ - _ >-- = = II I / -- II L /1 JI ~ III c;ir /i I / I r-i I / -1/ I _ ~ ; - - )l --- I I t-- f-- - IL- f-- I ~ f----- ~I ----- "- )L / I \ I \ / ! ~ -------.. 500 N 500 Feel A 250 o TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-215 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP ~ Senior Planner . . e.... Michael W. Rum;i1() Director of Planning and Zoning November 1, 2005 Gulfstream Gardens II/ANEX 05-004 & LUAR 05-012 Annex a portion of the property, amend the future land use designations from CH/5 Commercial High Intensity with an underlying 5 du/ac residential potential (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) to Special High Density Residential (SHDR) and rezone the properties from CG General Commercial (Palm Beach County) and C-3 Community Commercial to PUD Planned Unit Development. Property Owner( s): Applicant! Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: PROJECT DESCRIPTION Palm Beach Chinese Christian Chapel, Inc, Parbhubhai K. Patel and Howard K. Britt Gulfstream Gardens, LLC/Miller Land Planning Consultants, Inc. Approximately 1/4 mile north of the intersection of Gulfstream Boulevard between Federal Highway and Old Dixie Highway (Exhibit "AfT) :1:5.47 acres CH/5 (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) CG General Commercial (Palm Beach County), C-3 Community Commercial and C-4 General Commercial Special High Density Residential (SHDR) Page 2 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II Proposed Zoning: PUD Planned Unit Development Proposed Use: 108 multi-family dwelling units in Phase II of the Gulfstream Gardens development containing a total of 307 units Adjacent Uses: North: To the northeast, property within the City of Boynton Beach currently being developed as a multi-family residential project (Bayfront) classified Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development. To the northwest, developed (residential) property lying in Palm Beach County designated CHIS and zoned CG General Commercial South: Property designated Special High Density Residential (SHDR) and zoned PUD Planned Unit Development approved for development as multi-family residential (Gulfstream Gardens I) East: Right-of-way of Federal Highway then property in Palm Beach County designated CHIS and zoned CG General Commercial West: Rights-of-way of Old Dixie Highway and the FEC railroad then property designated Conservation (C) and zoned REC Recreation (Seacrest Scrub) EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 5.47 acres. Because of the size of the property under consideration, the Florida Department of Community Affairs Page 3 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II 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. Master/Site Plan Analysis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan for Gulfstream Gardens Phase II continues the overall design of Phase I lying to the south, which was approved on October 5, 2005. General ingress and egress to the property is from Phase I, with only an external emergency access being provided from Old Dixie Highway. The internal circulation is provided by 24' wide bidirectional drives. The circulation layout appears maze-like and somewhat inconvenient for residents living near the center of this second phase of development. Staff recommends that access and circulation pattern be improved by converting the emergency access to a secondary ingress/egress driveway to Old Dixie Highway. Residential units are contained in 10 three-story buildings each containing 11 units. Four of the buildings surround a central recreation area containing a swimming pool, cabana and spa. One building is parallel to Federal Highway, with another perpendicular to the roadway. One building is parallel to Old Dixie Highway. Unit sizes and configurations range from a two bedroom/two bath unit type containing 1,265 sq. ft. under air, up to a three bedroomlthree and one-half bath unit type containing 2,515 sq. ft. under air. All of the units have porches, patios and decks. Required parking for residents and the recreation area total 221 spaces; the site plan shows a total of 249 spaces provided in a combination of internal garages, carports and regular parking spaces. Since a site plan is substituting for a master plan, as required for rezoning to the PUD district, a more comprehensive discussion of the details will be provided by staff as a part of the review of the corresponding site plan. Review Based On Criteria 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. Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the property under consideration is a combination of Page 4 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II lands lying within the City as well as lands proposed for annexation. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and ''Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will Page 5 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 lands to both the south, where the Gulfstream Gardens Phase I is located, and to the northeast where Waterside, a project with similar densities and the same land use designation is located. The three single-family buildings located in the unincorporated area on the northwest of the property are designated and zoned for commercial development and the structure fronting on Old Dixie Highway appears to have a commercial use. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. While not the case in this instance, often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June 2002, provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 46,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 22,000 gallons per day. A traffic impact analysis was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. On September 22, 2005, the Palm Beach County Traffic Division determined that the proposed residential project is located in the county designated Coastal Residential Exception area and therefore, meets the Traffic Performance Standards of Palm Beach County. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities Page 6 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II throughout the lO-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 site plan approval, 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 stated above in response to Criterion "b", the proposed land use and zoning would be consistent with those of adjacent properties to both the northeast and south of the subject property. Any effects on property values would be positive. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with a variety of uses, ranging from a church on Old Dixie Highway to a motel and electric service company on Federal Highway. The economic viability of these uses is questionable, considering the transition to residential uses that is occurring with redevelopment of the corridor under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. 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 requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. The project proposed for the property is a continuation of the development lying immediately to the south. The addition of these 5.47 acres to the project will give the final development a total of 15.46 acres, and be one of the more sizeable residential developments in the corridor; similar in size to the Villa del Sol project, which was approved in 2000. The proposed pricing of the units, starting in the $300,000s, is on the lower end of the scale for residential units in the corridor. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. Residential densities of 20 dulac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. Page 7 File Number: ANEX 05-004 LUAR 05-012 Name: Gulfstream Gardens II CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; and, 3. That because the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and. 4. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hiohwav Corridor Community Redevelooment Plan; therefore, 5. The requested land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens I1\LUAR\STAFF REPORT GULFSTREAM I1.doc LOCATION MAP Gulfstream Gardens II ANEX 05-004 & LUAR 05-012 riA L1 r I JII --~I 7 /~ I _ / 'J ~ /1 : Ii I~ /'c I) / 2.;; I T I J) L- - ) I 'f (l/ I 1/ I " 'I ~~ lif I J) y '/ 'l / / r=::: I I I I I 1-1 ,.. ---Jj I I I I I I I I ~ ~~ .~ .~/ f I I I ,:1 , -~711 9i! ;1 '" I I I I J I "/ ~ I~ 'l~~/9~ I / ~ L-, / '1), lh -1 , I U I c f · f~ 1 ~ j Q -- -- - - -. .. '=,~ 1 -f ,- I --. . (?r\,..... ~. ., \ .-' ~ r ..y<~, J . ',. ';;) 500 250 ~ - - f-- - -- - f----- - - - - I-- - I-- - - - l------ " I o Exhibit A 1 'r I f--- '-- - >--- - '------ r--- - ~ - ~~ 'k I)L \ \ I / N 500 Feet A Meeting Minutes Community Redevelopment Agency .Boynton Beach., Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Location: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Ine. P.B. Chinese Christian Chapel, Ine., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Owner: Description: Land Use Plan Amendment/Rezoning Description: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Ine. P.B. Chinese Christian Chapel, Ine., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and 2. Project: Agent: Owner: Location: Request to rezone from C- 3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dick Hudson, Planner, stated staff recommended approval of the request for annexation and land use amendment change as requested. Gulfstream Gardens II was a follow-on project to Gulfstream Gardens I the Board heard a year ago. The project is located just south of the Palm Cove project, which the Board approved at this meeting. The annexation request is consistent with the City's annexation policies; the property is contiguous to properties lying within the City of Boynton Beach and forms a reasonable compact addition to the City boundaries. The future land use amendment is consistent with the policies in the City's adopted Comprehensive Plan, and particularly that portion of the land use element that defines Special High Density Residential and its uses relative to redevelopment planning and urban densities and housing opportunities. The plan for this property is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan and meets all of the criteria for review as required under the Land Development Regulations. Approval of the site plan would be required simultaneously with approval of the zoning and land use. New Site Plan Location: Gulfstream Gardens Phase II (NWSP 05-028) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. 3. Project: Agent: Owner: Description: Eric Johnson, Planner, reviewed the site plan request. The maximum density allowed by the Special High Density Residential land use is 20 dulacre, which would allow for 109 units in this project. The site proposes 110 town house units, which exceeds the project's maximum allowable density. If Gulfstream Gardens Phase I and Phase II were combined under a Unity of TItle, this objection would go away. Gulfstream Gardens Phase I was approved with one unit short of what it could have. Staff reviewed the project in terms of concurrency and determined any infrastructure or services that are not in place as of today would be in place prior to the issuance of any building permits. In Phase II the site plan proposes an alternate point of emergency ingress and egress with a driveway opening meant for the use of emergency vehicles only. Based on the number of units in the development, the overall design, and for safety purposes, staff recommended finishing the driveway for full ingresslegress for use of the residents. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 The project is over parked by 26 spaces. More than one half an acre of the subject property would have a "green area" designation. The buildings would be set back at least 16.4 feet from the east (front) property line along Federal Highway. The site plan proposes ten 3-story buildings throughout the development. Staff reviewed the site plan and recommended approval contingent upon meeting the 33 conditions of approval. Mr. Johnson asked condition of approval #20 be modified and replaced with the following language: The Special High Density Residential Land Use classification allows for up to 20 dujacre. Based on the project acreage/ the site plan would be limited to a total of 109 dwelling units. At the time of permitting/ eliminate one dwelling unit and submit a rectified site plan so there are no more than 109 dwelling units; 00 a rectified master plan showing Phase 1 and Phase 2 combined with no more than 308 dwelling units. That Unity of 77tle Master Plan would insure the project density would meet the requirements of Special High Density land use classification. Vivian Brooks, CRA Planner, met with the applicant and expressed a concern about the lack of a sidewalk in the City's easement from the individual units. She had requested this to create the pedestrian environment on Old Dixie Highway, but the applicant did not comply with her request. It created more of a gated community feel on Old Dixie, which is not consistent with a number of other developments approved by this Board in the recent past. She requested the applicant comply with that request to be consistent with other developments with Old Dixie frontage. This would be Condition of Approval #34, if the Board chose to add it. Mr. DeMarco asked for the timetable for Phase I and Phase II of the project. Staff commented the timetable for Phase 1 had been approved previously. He deferred to the applicant for more details on the timetable. The Board did not have any further questions. Bradley Miller, Miller land Planning Consultants, Inc., appeared as representative for the owners of the project. Mr. Miller stated the applicants were in agreement with a majority of the Conditions of Approval. They agreed with Mr. Johnson's restatement of condition #20. They wanted to discuss condition #33. In regard to the sidewalk issue raised by Ms. Brooks, there are sidewalks that lead out to the Federal Highway side. On the Dixie Highway side there was going to be additional landscaping. This was a continuation of the already-approved Phase I project. The applicant proposed an emergency exit location at the northwest corner of the project. They had primary access points on Federal Highway, as part of Phase I, that led directly in to the clubhouse that will serve the whole community. There was also an access point on Dixie Highway. The applicant felt a third access point was not a requirement due to traffic conditions from the County or the City. They felt having it would breach some of the privacy they wanted to create with the community. The applicant felt the number and location of driveway ingress and egress points was sufficient and requested that condition #33 be stricken. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Mr. Barretta inquired why the applicant objected to Ms. Brooks' recommendation for sidewalks. Mr. Miller responded they were trying to continue the same theme as Phase 1. They were providing sidewalks on the Federal Highway side, but wanted to create privacy for the residents on the Old Dixie Highway side. Chair Heavilin noted a sidewalk on the Old Dixie Highway side was shown on the site plan for Phase 1. Mr. Myott responded it was the connections from the sidewalk to the front doors of the units. The ones on the Federal Highway side were very short but on Old Dixie Highway, because of the right-of-way, they would be quite long. He thought there could be some kind of "faux" design where the fences changed to mimic what was happening on the Federal Highway side - by changing the post pattern possibly. Ms. Brooks agreed with City staff's comments about a third point of ingresslegress for the convenience of certain residents who would, otherwise, have to drive for quite a distance before they could exit the community. Mr. Myott suggested tying the third emergency access road to the trash compactor site, which was oddly situated in the present design. Mr. Miller thought this was a possibility and agreed to continue to work with staff on this. Michael Rumpf, Planning & Zoning Director, stated the City was seeing more projects approved, even small ones, with two or more entrances. There was greater acceptance of a denser environment, but the need for more points of ingresslegress would continue. Chair Heavilin opened the floor to the public and closed it when no one wished to speak. Motion Mr. Barretta moved to approve the annexation request for Gulfstream Gardens Phase II (ANEX 05-004). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Land Use Plan Amendment/Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the site plan for Gulfstream Gardens Phase II (NWSP 05-028), subject to the 33 conditions of approval and the one condition of CRA staff. Vice Chair Tillman seconded the motion that passed 6-0. Mr. Miller asked if the motion had included the modification to condition of approval #20, and Mr. Barretta said that was the condition of record. 13 ~-r~_"?'" " " .i . \ i L ~\. liJ "0\,' ,'- //;\7'"", h, , /y ;:"0 t~> '9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl VIII.-PUBLIC HEARING ITEM C. I 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [gJ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) .) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) '" ; ..............--. :"~ 0 Administrative 0 Development Plans .- ....- NATURE OF 0 Consent Agenda 0 New Business r,,.:, :~ig AGENDA ITEM [gJ Public Hearing 0 Legal ) -~ ..' i'~ ,- (1 (-) 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Public Hearing, to follow the corresponding items for annexation, land use amendment and rezoning. The Community Redevelopment Agency Board recommended that the subject request be approved on December 13, 2005, subject to all staff comments with the exception of #20, which is proposed to be revised to address the project density, and with the addition of a new condition regarding pedestrian improvements along Old Dixie Highway. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-204. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Gulfstream Gardens Phase II (NWSP 05-028) Bradley Miller, Miller Land Planning Consultants, Inc. P. B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~o .' City anager's Sign~re Developme ~cJ~ Planning and Z mg Drrector CIty Attorney / Fmance / Human Resources S:\PlanningISHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens II\NWSP 05-028\Agenda Item Request - Gulfstream Gardens II NWSP 05- 028 1-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-204 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Eric Lee Johnson, AICP Planner t THROUGH: Michael W. Rumpf Director of Planning and Zoning DATE: December 7, 2005 PROJECT NAME I NUMBER: Gulfstream Gardens II PUD I NWSP 05-028 REQUEST: New site plan approval to construct 110 fee-simple townhouses on a 5.47- acre parcel in the PUD Planned Unit Development zoning district PROJECT DESCRIPTION Property Owner: Multiple owners, including: Palm Beach Chinese Christian Chapel, Inc. Parbhubhai K. Patel Howard K. Britt Applicant: Gulfstream Gardens, LLC Agent: Bradley D. Miller, AICP with Miller Land Planning Consultants, Inc. Location: Approximately one-quarter (1f4 )-mile north of the intersection of Gulfstream Boulevard between Federal Highway and Old Dixie Highway (Exhibit "A" - Location Map) Parcel Size: :1:5.47 acres Existing Land Use: CHIS (Palm Beach County), Local Retail Commercial (LRC) and General Commercial (GC) Proposed Land Use: Special High Density Residential (SHDR) Existing Zoning: CG General Commercial (Palm Beach County), C-3 Community Commercial and C-4 General Commercial Proposed Zoning: PUD Planned Unit Development Proposed Use: 110 townhouse units Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 2 Adjacent Uses: North: South: East: West: To the northeast, property within the City of Boynton Beach currently being developed as a multi-family residential project (Bayfront) classified Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development. To the northwest, developed (residential) property lying in Palm Beach County designated CHIS and zoned CG General Commercial; Property designated Special High Density Residential (SHDR) and zoned PUD Planned Unit Development approved for development as multi-family residential (Gulfstream Gardens I); Right-of-way of Federal Highway then property in Palm Beach County designated CHIS and zoned CG General Commercial; and Rights-of-way of Old Dixie Highway and the FEC railroad then property designated Conservation (C) and zoned REC Recreation (Seacrest Scrub). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request for new site plan approval 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 Site Characteristic: According to the survey, the subject property is comprised of several lots forming a parallelogram-shaped parcel, nearly 5.47 acres in size. A portion of the property is located outside the city limits within a small enclave of unincorporated Palm Beach County. The applicant submitted accompanying requests to annex (ANEX 05-004) the property into the city and to rezone it (LUAR 05-012) to PUD. Therefore, approval of the site plan is contingent upon the approval of the accompanying annexation and rezoning requests (see Exhibit "C" - Conditions of Approval). The survey shows the site contains several one (1) and two (2)-story buildings, asphalt areas, chain-link fences, and a lift station. All would be removed as a result of the proposed development. The survey also shows that a cell tower and its maintenance building are currently located at the southwest corner of the parcel. The cell tower is proposed to remain as legal non-conforming pursuant to the city's regulations. The site plan for Gulfstream Gardens Phase II continues the overall design of Phase I lying to the south, which was approved on October 5, 2005. The survey shows that highest ground elevation (18.76 feet above sea level) of the subject property occurs at the center, near the existing one (l)-story church. It should be noted that the property lies within Study Area V of the Federal Highway Corridor Community Redevelopment Plan, which earmarks the site for higher residential densities. Proposal: The applicant proposes to develop the subject property with 110 townhouse units. Townhouses are permitted uses in the PUD zoning district. The maximum density Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 3 Concurrency: Traffic: Utilities: allowed by the Special High Density Residential (SHDR) land use is 20 dwelling units per acre, which would allow for 109 units. The site proposes 110 townhouses units and therefore, exceeds the project's maximum allowable density. The site plan will have to be modified to show one (1) less dwelling unit (see Exhibit "C"- Conditions of Approval). ANALYSIS A traffic impact analysis was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. On September 19, 2005, the Palm Beach County Traffic Division determined that the proposed residential project is located in the county designated Coastal Residential Exception area and therefore, meets the Traffic Performance Standards of Palm Beach County. However, the County is recommending the provision of an exclusive left- turn lane onto the project access driveway on Federal Highway (see Exhibit "C"- Conditions of Approval). The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 46,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 22,000 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). Police/Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and 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). 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 plans show that this phase of Gulfstream Gardens would primarily utilize the points of ingress I egress proposed from the first phase. The approved Gulfstream Gardens Phase I site plan shows that the project would have two (2) points of ingress / egress. The main driveway opening (within Phase I) is currently approved Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 4 at Federal Highway, approximately 520 feet south of the north property line. Each of the two ingress and egress lanes are approved at 12 feet in width. They would be separated by a 12-foot wide landscaped median. The exit lane would allow for right-turn only (south) traffic movements onto Federal Highway. The second point of ingress I egress (from Phase I) is approved at Old Dixie Highway, approximately 72 feet north of the south property line. The site plan shows that this is a narrower opening (24 feet in width) than the one approved at Federal Highway. However, this would allow for both right-turn (north) and left-turn (south) traffic movements onto Old Dixie Highway. Both driveway openings would be restricted with a decorative gate. It should be noted that an alternate point of ingress I egress is proposed within Phase II. This driveway opening would contain stabilized sod and be limited to emergency vehicles. However, staff recommends finishing this driveway for full ingress I egress to be used by the residents. Staff justifies this additional driveway by the large number of units proposed (throughout Phase I and Phase II combined) compared with the general remoteness of the other entrances within Phase I. Phase I and II are a master planned community and it should perform as such. Furthermore, the plan exhibits some new urbanism qualities, and creating additional access points helps to further that type of design concept (see Exhibit "C" - Conditions of Approval). The applicant prefers to keep the opening as designed. Staff understands that their reluctance to add this third entrance is attributed to its cost. Parking Facility: One (l)-bedroom dwelling units require one and one-half (1.5) parking space per unit. Two (2) and three (3)-bedroom dwelling units require two (2) parking spaces per unit. The project proposes 20 one (l)-bedroom units, 60 two (2)-bedroom units, and 30 three (3)-bedroom residential units, and a recreation area and therefore, 215 parking spaces are required. The floor plans show that each unit would have either a one (1) or two (2)-car garage for a total of 150 parking spaces. In addition, the site plan (sheet CE-2) shows 41 carport spaces and 52 regular parking spaces are also proposed, for a total of 241 total parking spaces or an excess of 26 spaces. The floor plan (sheet A-1) shows that the one (l)-car garage would be dimensioned 10 feet - two (2) inches in width by 20 feet - two (2) inches in depth. The floor plan sheet (A-3) shows that the two (2)-car garage would be dimensioned 18 feet - eight (8) inches in width by 20 feet - two (2) inches in depth. The site plan shows that the 90-degree parking spaces (under the carport and regular spaces) would be dimensioned nine (9) feet in width by 18 feet in depth. The handicap parking stalls would be dimensioned 12 feet in width (with 5- feet of striping) by 18 feet in depth. Landscaping: More than one-half (1/2) an acre of the subject property would be set-aside as "green area". This pervious surface would account for 10.79% of the total site. The existing tree inventory list (sheet TS-1) indicates the site contains 17 trees for a total of 64 caliper inches. The plan indicates that two (2) trees would remain and three (3) trees would be relocated. The master plan list on sheet L -1 indicates that the project would have a total of 173 canopy trees, 112 palm trees, 4,287 shrubs, and 3,265 groundcover plants. The plans propose 50% native canopy trees and 50% native palm trees. The tree species would include the following: Green Buttonwood, Italian Cypress, Live Oak, Bald Cypress, Slash Pine, Glaucous Cassia, Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 5 Lagerstomia, Purple Glory Tree, Alexander palm, Medjool Date palm, Royal palm, and Cabbage palm. The plans propose landscaped areas around the entire development. In order to ensure proper maintenance of the landscaped areas at the rear of each unit, staff recommends that they be maintained by the Home Owners Association or protected as such in the Home Owner's Association documents, so that no individual property owner removes any of the required plant material along the perimeter of the PUD (see Exhibit"C" - Conditions of Approval). The site plan shows that the buildings would be setback at least 16.4 feet from the east (front) property line along Federal Highway. This buffer would contain a pedestrian path and a decorative aluminum fence. The landscape plan indicates that Slash Pine, Royal palm, Medjool Date palm, Purple Glory tree, Purple Showers, Glaucous Cassia, Gold Mound, and Silver Buttonwood shrubs would be provided within this buffer. The typical landscape buffer detail shows that the planting area along Federal Highway would be seven (7) feet in width with another one (1)-foot set aside for the fence on top of a retain wall, followed by a four (4) foot wide sidewalk and then a five (5)-foot wide planting strip proposed along each building. The site plan shows that the buildings would be setback zero (0) feet from the south (side) property line abutting the Phase I portion of the site plan, and therefore no additional landscape buffer is required in this area. The site plan shows that the buildings would be setback 14 feet along the west (rear) property line, along Old Dixie Highway. Sidewalks are also proposed within this buffer, leaving five (5) feet of pervious surface between the edge of the sidewalk and the west property line. However, the intent is to install extra plant material within the Old Dixie Highway right-of-way (along the west property line of the subject property) to match that approved in Phase I. The landscape material proposed within this right-of-way was preliminarily reviewed and approved by the Engineering Division of Pubic Works. The typical landscape buffer detail shows that a five (5)-foot wide planting strip is proposed between the west property line and the six (6)-foot high aluminum fence. A three (3)-foot wide planting strip is proposed along the west (front) of the building. This strip would contain an array of plant material. The site plan shows that the buildings would be setback 10.1 feet along the north property line. A sidewalk is proposed within this buffer, similar to the other landscape buffers. The landscape plan proposes the following plant material within this buffer: Cabbage palm, Alexander Palm, Italian Cypress, Green Buttonwood, Slash Pine, and Firebush. A note on the landscape plan indicates that all above-ground mechanical equipment such as exterior utility boxes, meters, transformers, and back-flow preventers would be visually screened with two (2)-foot high Redtip Cocoplum hedges. Each building would have landscape material proposed along all four (4) building sides. Select trees would be installed at half the building height. Building and Site: As previously mentioned, the maximum density allowed by the Special High Density Residential (HDR) land use classification is 20 dwelling units per acre, which translates to a maximum of 109 units. The site proposes 110 townhouses units and therefore, exceeds the project's maximum allowable density. The site plan will have to be modified to show one (1) less dwelling unit. The site plan tabular data Staff Report - Gulfstream Gardens" PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 6 indicates that the buildings would account for 2.22 acres or 40.58% of the entire property. The recreation buildings and pool decks would account for 3.84% of the site. The remaining portions would be comprised of roadways / driveways, sidewalks, carports, and pervious surface. The recreation area would accommodate a swimming pool and a small cabana facility. The recreation area would be centrally located, easily accessible to all residents within the phase. According to Chapter 2.5, Section 9.B., when rezoning a property, no minimum lot size or minimum yard shall be required; provided however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. The abutting land to the northeast is zoned IPUD for the Bayfront townhouse project. The Bayfront site plan (NWSP 04-002) shows that the buildings are setback between five (5) feet and 10 feet - six (6) inches from the south property line. The site plan proposes a side (north) setback of slightly over 10.1 feet. This would be acceptable. Also, the property to the northwest is located Palm Beach County's Commercial General (CG) zoning district, which requires a side setback of 15 feet. Again, the side setback for the subject project would be acceptable as proposed. The abutting land to the south is Phase I of Gulfstream Gardens, zoned PUD. The site plan shows that the Phase I buildings would be zero (0) feet from the north property line (of Phase I). Therefore, no setback is required along the south property line. However, it should be noted that the proposed south setback for the buildings proposed within this phase (Phase II) would range between 10 feet to 15 feet. This would be more than adequate. The abutting lands to the west of the subject property are rights-of-way for Old Dixie Highway and the Florida East Coast Railroad. Therefore, no required setback is germane to the west boundary. In any case, the site plan proposes a 14-foot rear (west) setback. Similarly, to the east of the subject site is right-of-way for Federal Highway. Located within an enclave of unincorporated Palm Beach County, the commercial properties east of Federal Highway are zoned Gc. Again, no setback from the east (front) property line (per Chapter 2.5, Section 9.B.), is warranted by abutting properties due to the separation distance between the subject site from CG-zoned properties across Federal Highway. The site plan shows the buildings would be setback 16.4 feet from the east property line. The site plan proposes 10 three (3)-story buildings throughout the entire development. They are labeled #19 through #28 because this is the second phase of the two (2)-phased Gulfstream Gardens project. The unit sizes range between 1,601 square feet (1,265 square feet under air) to 3,191 square feet (2,600 square feet under air). The applicant is not proposing any solid-roof enclosures. The intent is that homeowners would be allowed to have screen-enclosures where the ground floor concrete slabs are under the second story balcony. The elevations show that the mean roof height of the three (3)-story buildings would be 37 feet. The peak of the roof would be 42 feet - six (6) inches in height. The PUD allows a building height of up to 45 feet. The site plan shows that a buffer wall I fence material would surround the entire development. The development would also have several carports within the parking areas. The elevations show that the Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 7 carports would be 17 feet - seven (7) inches in height and allow for an opening of nine (9) feet - two (2) inches. The Wall Detail (sheet H-6) shows the buffer wall would be six (6) feet in height. The decorative Type "A" Column would be seven (7) feet in height and would be spaced 18 feet apart. The Aluminum Fence Detail (sheet H-6) shows the aluminum fence with the same decorative columns. The cabana building would be one (i)-story. It would be dimensioned 11 feet - six (6) inches in height (mean height level). The detail of the freestanding outdoor lighting poles show that each tapered fiberglass pole would be 16 feet in height with a decorative spun aluminum top. Desig n: Associated with the proposed type of townhouse developments are a wide variety of possible building designs (Le. contemporary, traditional, Spanish-Mediterranean, etc.). The developer describes the proposed architectural style as "Old French Country". The design, as proposed, would provide for a sense of separation between units. The articulation of the front fa<.;ade would relieve the monotony and possibly lessen the perceived density typical of townhouse developments. The elevations show the roofing material would consist of either brown Hanson Nordic Maple or Nordic Redwood flat roof tile. The exterior finish of the walls would be rough textured stucco. The applicant is proposing two (2) color schemes. The Sherman Williams paints are as follows: Scheme 1 Color Main Body SW 7050 Useful Gray Accent SW 7045 Intellectual Gray. SW 7046 Anonvmous Doors and Shutters SW 6494 Lakeshore Trims & Band SW 7009 Pearly White Scheme 2 Color Main Body SW 6133 Muslin Accent SW 6135 Ecru, SW 6138 Artifact Doors and Shutters SW 6472 ComDosed Trims & Band SW 7005 Pure White It is staff's opinion that the colors of Phase II are compatible with the colors of Phase I despite the fact that the developer is using a different paint manufacturer (Sherwin Williams versus MAB). Staff has no objections to the proposed building colors, architectural style, or roof type. The subject development would be consistent and compatible with the newer, recently approved townhouse projects approved within the vicinity. However, within the subject project, staff recommends matching the roof styles between the buildings and carports (see Exhibit "c" - Conditions of Approval). Staff Report - Gulfstream Gardens II PUD (NWSP 05-028) Memorandum No PZ 05-204 Page 8 The elevations indicate that the buildings would be accented with white aluminum single hung windows, decorative brackets, stucco score lines, metal decorative shutters, horizontal sliding doors, decorative louvers, and aluminum picket railing. The project would also have shade trellises and spa trellises located within the recreation areas and water fountains located in select locations. Signage: This phase of the project is ineligible for additional project signage and no additional signs are proposed. RECOMMENDATION: Staff has reviewed this request for new site plan approval and recommends approval, contingent upon the approval of the corresponding request for annexation (ANEX 05-004) and rezoning (LUAR 05-012) and subject to satisfying all comments indicated in Exhibit "(" - Conditions of Approval). Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens II\NWSP OS-028\Staff Report.doc LOCATION MAP Gulfstream Gardens II Exhibit "A" . 320 160 0 I 320 640 960 1,280 I Feet N + m t~~ ~!2 !;~ ~~Hi ~~o ~i"~~: IJ~: r~':'~ f~f U! ~~ ~~. J"i ,0 ~ II '!l~Q ~i' ~~:S1~lJ2i _*2~ ~~! ~i~ ~j S ~i ~ ~ ~~ ~ ~ ~ ~ 0 ~ J> (j) rn 1.;1 ::r:._> ",,,,,, M',t<:! ..," (} ~ r ;g g ~ l>~m z --- o z EXHIBIT B F' H ;i (;, I:: I: ...~' .......-..''\- I i ! I (~i '-u ~f- "':g:; ~' no " <) () ~~ 2 ;-"Q ~ --I II=J ! II ~. '. I ~"........... : i " .~ I'~.-.~ -..j .liJ I ~' ! f ~--_-.J.._-P"'" F.::1!{AS[ f")~jl~~?E Ii llllilll! Iilm' Ilii ~ ~~ ~ -.. b' I ':~~:',,""'" .~,' i ~ ~ ~ J: "';: '" ~ tl6 ' ".. _. . """,.. ..." ~ ~~~d~Ji~ _.~ ! ; - ! L . , ~: , . - ~ . ~ ~ . , . ; -I- I . ,~ IS! I l_______ g __..~~J I . ~ ~ -. "I'i.- , ~. '" 111~~!1 !!11111IHI i 1 . .. ~":O I"< ___'11 I ~~ ~I PfWJELr I, I! GULF'STREAM GARDENS .. "''''''E II BOYNTON BEACH. nORl[)A nj~~ HOUSING GROUP. INC. H & l' m;VELOPM!~NT CO.. LL.C 2499 GLAOES ROAD.. SUITE: ~]O BOCA RATON. f'l.ORlDA 3.:3431 TEL (561) 392-2004 FAX: (5tH) ~192-'203,1 Ii ~lll!j TSENG CONSULTING GROUP. lNC AJK'JUn:mlRf: . E:NGINP.~RINC . PUNNING 21 N_E_ t66lh STREET. MIAMI. FLORIDA 33162 'ffi;t (:JOf)) 9-4[l 4,174 fAX 005) 94~ -lGl 3 AA-mlO:'HG6. EB-0006522 - IEl--UOOJ096 IIIIII1 ~i , O\lHiER ~q P I ~ i i 1 ~ ~ k o ~ !! ~~ni~r: i !.~~d~ I . 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F"" ;:~ 11-10-00 ~ ,., ~ ~DROTOS SUWE'l'1NG I I N 0 '" :~ffi ITV or BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA ~ ~ ~ &: ASSOCIATES PU,I<lNlltC 0> 0 ~ 0> ~ i;Q;.': SITE PLAN / PHASE 2 Certlflcote of Authorization No. L86....56 CO Ul0 Norttl And,..... A_ Ed.. PompOftO hoch, fl. !3044 CD PH: 95.4-9.43-9433 . rAX: f54-783-.7S.t EXHIBITS i( ,I I' .' !! ii1 ", -- ---+ 1;-" I, . ! ~~~.. 'I g .~~~~! ;i!~~l;(l il ' c, &1 I, 2 ,~-,,~ ., -".1 ' 1" ~ fs l ~"~'l ., · I" ~! 3.Li Ii: t ~1ll:J~'" ::E ,~.. ~;ii' Ii i I~~j~~ ~ ~I i~U .~ I ~ii:.1 ,- '. .~i8' ~i e .. ;: i~~~ ~. r .~In 11 ~.~o .~ 1 ~.a;:;:~ ~ . 2i~! ;~ ; ~mii i U "5" I'. ,l~U 'I ~~~ ., i g,j!a. ~, ~ ~~' ~ii 1. J-: I ~~ !~R, ~ ~ .. ~ '" <0: 0; :@) -- .rolS(Pdl.....U.~1l'l'$ ~ ~ 1::< r: n m~ d ~ ';~ U' i.i i!i C ~.., PI iU ~ g ~~ i 0 ~~ > ~ ~ ~ "'OJ> 0 I ~~i , ~ ?, ~ ~ :>l,nc ~ m 0 g '{; > ~ ~ 0 < " ,~ ~ < ~ , , . . H , 6~ ~ ~ ~~ ~ ~ ~ {-~ 'c ~ 0 ~~ ~g ~~~~~~j ~J~!~~il~ ~I~"gl~~ ~~~J~~~iG "" J!I~s'C~ Uhu~~~ ~>.Q~ilil~ ..1....:l'Q'(J 'l ~~l!iii u ~~~~ ~ ~ ~~~~ ~ ~ ,.~~ 4 ~ ~~~il Q l! ~~~~ .! ~- i'" I i ~ c~ n 00 .0 ~i .;~ .:, riC " o :c. "" H e' 119'" h~ ~~" H~ 1': !~~ >'i:... "Jii ~6~ ~~~ " " ~ 00 cO '0 ~fll ...,:0 pm mO ,.c i<)j 0m ,.0 :0, 0,. mz zo "'''' 'l1~ ,.'U ",m mo ;:::;r- o c ~ 5 z '" . . ., . . . '! (!iil!i~ltlt{l~jl~~i~i~: Hill!IWli~h~~i!h: iHH:!14 'ii~H!tl:iU i~U~jf>> b~!!i !HH 1=1~1(~ 11itI!! ,ii[{ ~ljti.i~z I I!". 1:1 f1~~lf t ,I - i~ . ai. ., <I ,.." ~&1 ~.a-"-' i~K~! I Hiht! Jillf ill H ! IffUJ~ ;l'i if i l! ! ~{~~1 l ~tf( ~& i il 1 ~{1i! ~ ~.!~ fi 1 Ii ! l ~II I r!!~ i~ ~ l!~ i ! l t ~ lW ~ I ~ if i j 1 ~ ' l;! i h ~ .- I ! "1! t qi! ~&! ! I ~!a i l~~ 'I .2~ tit i tp , ~lL ~i .f l · ~ ~ : l.f i ~'_ I ~= c ; ~ O. m~ -" . 0 D D 0 C' n ii:Di ~ ",n; gg ~ ~g ;; ~~ . ~ " ~(j; , " ;; ~ . ~ ,.;. 0 ~ ~F n .g ~ 0 " ~ .. < EBz " :> ~ ~ ~ ~ ~ t EXHIBIT B ~ . ~ C , "lI~ r ~~~f~ li )>C I~~I ~~~ ,-~c..~ . , r' i:l" ~ c ! ~ ~;:. 00' ".; , , fU~t ~ig tl 2~ ,! . t~ ooe> ~ oD! Z 0;:) ~~~. i ~ ~ " "g;:::~~ iii" . "<0 . " ~ '.l ~ r ~ o~..- CD ...... ". .. ~ g = ~ Z 00 " ~ S- f' . . . - . . '-f; q ~~llW1H~iiHHi'Fn:~& ~~l '~!il Q.~. (l Q~ i!""~l"!!: 3.]-~Hl: g~ ~. ..&~ li&!..H~,1h~..~ j', <, ^ l' ,&", . -1"1' t 1~' t'~ ;~f'ilti ;ji.!i ~i! : fi~~.1~ .~_ 82 .1H i lH1 Ih ,,'~~I.~.-,,/",,1~_, _"~-=__ P ;li~ ~!f!i~i~H ;~l~5j!~j, '~ 'i~~t&lf ~~~!~'p,li :Hd~hl~ - -- L, --') '<0 i~ 1q ='i' ;~~ "lln=l }~!rl1.. HF~H in ~!HH ~qil~i!f~_ / -,;; ~. I' ~ ~itllH Iii HP_lH i~in~H:~- //~~u}t'"Y n ~/ ~~ - ~ ~ , & " L . __ , .. " ! s- '-~ <==- (li '--,.( __/- ,/-- , T 'Hili~ HI ~~f!i (l!;f{~l~~1' '>~,..". ~ I11L/ ,'f~!ij~?W:).w ",..~ HU&' ih gl 't ,- u:!h~ f!iY" /1 '--\j~ ~ ~..> 1,'--.J~ f", cf ~~-1.J] ~n--- sati~ ,H ~i..11 )~ ,Fi~J f lJ '- ~ ., if ii,'i }~1 t~H!i !1 ~HU 6'~\ / . ( :\7"1: 0', 1t ,. ""J ~! ~.I l ~ i il ,,' "H ~li ij -. \g~~L/! ' -- . .. ' '. ,~ I ~IP, ~acl; ,.1> ~I$ ~: ~ ,'~ - I ~,..~ ;~ Jt:-)~. ::;J s"> ~!O _f 1 ;' III. ' '",:' "e. '.. I: !:. tjl ; ; i! i! i ij ~ e ~: . ~~ ~~~=~ M.;tc:.l~f'" ~~ . ~ - , :~ ':-:p\,'1 if ---.. ~ - .... $ ~' ~=t_LJ' 1-~ 1ro~ ~ ~ ~ ,-'A rill ~ ~"~ (j ~ i~ ~~h~ ~( 2;.i I .- I: d CTlC2) T t ,8 li.';:-' !II~ ~ ~ -' _______/.------ --~-- -----,- ..,------------- \\, , I (I, I ~ I II~ ~~~~ U !~ J\I ~', -----... '~-t \,J,J' I [Nil" ~ ;t; i~:'~t-:.~:.-:-~~~' ~ R~ lcf Ii" -~ ~ - \ ~ ~ 01JDO 1 U,il-l 1 tf ~(Nj ~J ~ t~ I~ \ --'? 8 : ~ ~~- ~ -'2 ~-" ,,0 m f",~ ~ \ ~L. ~!H · ~=; h, -..iIJ'HIi J, J ~ A- ~ /1 . r=:x;2~ "I:=: H-= I - 1/ "- ~I rrd~\' ~~ ~'~tI' 1"1 IYf JV i\ ~DDD~~_JtId _I;~ ~ 'U ~ I I~ ~ ll{ tlJ tb~ r- 1.1 b I I" ?l H"' ...., 1 II b I I ~ IT'[,J ~ ( . u '- /1 ) ~ III b I II ~t L I ~ ~ 1----_ [iii I I~ ' ~ 1-,. ~D..LI \ '~'l [ III >. /l :1 ] ~ ~ 1 ~ ~,....wl ~;:' II ~ b I; ~ ~ ': 0 o~ I u~ 1 III u I I~ 7' ~ ~ ~ t+rI ~ III I ~1f0'\ $ D ~-,=-. la ~ I ~'?......I [I I I. fTl \yl . ""- , .... ~ rtq\ h I [I . I [ : ~ i; 1 ~ - .r ~~_,;1; - ~ [5 ::'l: ~ [ I p I I ~ ~ ~ .r^~ 1 ~ I [h-i ; r$J [ iii -b I I ~ ~ -,~ H"'" ~ <l III lJ h. 1 .~,.- ~ c I IA [ ,I L) ~ II ,,{ ~ ltJJ 1 ~ ill ;Iq ,D~:;;! Vii [ ~A ~I / I J 11" 'Y ~....),~ ' ~. c I """LA" .. I r ~ r.l-. w ,..," ' :-. I E97"I" ~: ;,/ '~"O~;O 1! ," ,;;J - ~~w'"';"o .' \~ ,~ o r:p~ D I I I ~ Q '-I:' ?<f M~HUNE S EET L-Z ". ~--; - ~J ,j- ~~- - - - ~~ -M;mH~~W:-t: f-- <:"~Hn HHP, }>C ~ i~~@~ ~~~~ i,~~_~_l l,'.~>i!.! w;+ ~ Hg-"x ~'~;:: .--;p . 'j< ~ n; ~ ';i~H~_ ~ ~f~~ H Q.:J ~~:~t5 ~ ~ ~;;~= ~ ~ ~ ~ ~ n' (J) ? ~ ~ , , , ~ , , , 'e , ~ ; : ~~ , ~ t -~ n" '" oJ. _ ~ ~p; ~ ;; ~ ,~ ~- ;i ~! %r ~ ~ i E 1 ~ ~1 ~i~I_! ~~ 3' ~:f 2- c c G) -0 r- l> :z rP ~' EXHIBIT B ~ ?f :! ~ "' : ~EB2 ." ~ i~ [~i~fHi!FHm1fH~m n~f !~i~l!iilt!illi!~(f~'lj;i}Jtl iH~lf{U1Ht 1:1; !lhJ~rhf ~-8 hll11. .~~ f",. l~iH ~JHll ~iIH! JfJ~ ii.~ Hfit l~~ll I JtZ IH-li ~~i ~I !i ~-l'~ ( h.. ~. 1I111 J~ =. t! ~~ 1 ';- "" ~ _,~ lH H'1 i i! ftji II{Ifi1Uil ~:~l '''~!~ .piffl &i fi'i~~ fHl fhiq g-u"r.~ y~.=! z~h flL'ai jtR~&.h~ u~ B~fll ~rl 'Ii]:! ~ "e.:&~ i1i l ft I G .P~ ~ I~lii lit ~. Ju g { enS ~:JHf ~-t FiH IJ ~ fi~~ q ~~I ! II;'! ~ $! ~ , ~ . f i P P -o~ r' )>0 z. -I Z " ." r )> Z r ~ 5 l> IBIT I 'ppl c ~ ~ :1 : , o~~, ~ji; ~ ~~ ~~ t~ i H H n ;\ g E - ~ g t ~ ~~ ~, F ~ .~.I~~i 'ji:3~~ I "i ~~ i ... ~ r:>"2 !i! , "! .~ ~ ~ o ' " , c~.. '" '0 c;it! i .~ , 3 ~ 3 ~ g:~~ i ~~ ~l ~ ~ ~~ ~ ~~ ~l E H ~ ~HPi -~ ,. ~ ~~ ~ ~ ~ ~~ ~ j ~ ~~Sl t::~ ~~~ i ! ' H ~! E g; ~ ~ o ~ ~!f E H H , 888 ~, ,0 ~. ! -~~~ i ~ t ;;~ ~~~ m ;~ ,H '.; :.~,~;: . ,,~ - -0, 0< ~i li I ~~ Hi,i, 1 I~ ;i i~ g~ g~ l~ ~ ~15 ,! 'i ". nB ~ ~~ g~ la :~ i i ~~ t'i", "1..' H ~, ~~I;.~ t~ =~ ; )>C 00' 000" aD! OJ ill' CD 00 ~ !:~~~ :fflf~I ~'~.ill 0 ~g;f~- g~ t5 "'10 ~ (j) ~ ~ ~~~~g' itj~l ~ i.~~! ~:~~~ i - ~ ~ n~';lt f~~!j .. i ~ j~ c ^ T ,,,;I; ~~ " 0 0 ,,~ " c' ~ ~ y ~ g , ~ ,\ .0eov c i ~ ~ . -t ~ " {. ~ < c ~ .' " ; ~ ~. ,..'...~ rn i , < l;'i:1 ~ p ~ C''.. ~ f i; (. ~ ~IO m ~ " ~ ~~ Ii~ ~'!~~ ~ " " o > c ~ " i 2 < o ~ c <: c ~ ~ a ~ . " 2 ~ " , 7 , R , ~ , ,. -. " Z / ~ " p > p . . , , , , "if ~~ !~RI1'/.I~HHBttll~H~~g H~ "'G~t j -~IZ~"I =:::J,"I"aCls.o."lIe ~'.9.'11 !&Jl ~11i~1 ill~i i~~[J (!1 !Ql,! [ ~"i ~-: sf%_H-.r 'f .lH~. ' ~i~[I~i-iil:l~~i12 f!!ll~J~lt Hi~l~i !H1pi!li iHf!ihi ~'~ii~f ~~lr!ilJ~' ~gji ~g!f! H'fl.~![ J~"'.i~n~ 1t~~ hl.i~ HiftH !~IH!ilH ~t;~ Ill}! -'ll~' , i t~i'j, .1~1 f-~ ~ U!nH ::1 Hiiii 11[1 l!iH ~~1'@it~ ,H ~~..lI~ ij "! .~.i ~~~(i't.~~ -~Q. (s. n 2 ~ ~ r~~i "riP~ !it' ~~a l .f '\ ~i' '..q! [ hlH i~ 'l. ~~ ~ ~ ~...l . ~ ,,'"2 1 -l.1' $l o<:~! . ~ ~ ~ EXHIBIT B , J, L .----- \ -----~- -------------- ,,1l , . .2 , i " '"0 --l ~ -n-,(lI )>C ~ 0--< ~~ ~~ , . . 0 gil . , r -<: ~. ~ }lo ""D :; -~~~ fIl' ~I ~~ :z 0. i fIlO" ~g ::l)> i'2;: OW z,.. Q,::J ~~ , ~ E E (;lID a,~::: ~.6 "li ~ C ;;ffi~ Ql G> ~ ~ r- ~ r= iii ~ J,. 0 fIl - ~ z '" ~ )> ;1J r :1?: c ;;: (f) '2 m 0 c -u ;;: r "T1 )> fl1 Z Z -j 0 m fl1 ;1J !~ ~ H ;:; 0 i~ ~ fl1 )> ~'! ..., r I~ ~ r r 0 ~, m -j .! :1?: ~ ~, r ~ r . ~ I $ . ~p~ ! ' ~. '''~ 'I; lie i -! I,; a 1 ~:.. " o~li ~ a~ ~~ 1Jm ~ ~8 8~:~j~ ~ I~ 8uH >.~~ " t1~~ .~ ~ r ~._ " ~iJfg. 5 ~i ~ jSl ~ ~ ~ ~, ill! t z J ~ i~ ~ii~ i o ~ 1 . I'~ + t~ ~ m .. ~ Qo i~- 1 il~ d~fi . ; aa' ~Im~~ :: ;tJI 'i~"~a jtP la~n ml~~Hi i "~IiI>.liI :Ihi! ~ il~~~ ! !; ... . , illj~~ Ij !I ~ . lli~ )> : la~ 1" ill 9 o. ~> ;= 'i~" ;1 . ~ I el ~, . ~ ;:; ~ F ~ N ,';-j -j ! -< " " 1J ~ ~ m , ~r )> 0 0 i iU U ~~ ~f~ r c I'~ I~ ~ ,~ os;: . ~ -' ~. z ! a i:i i '" ~ ... Cl () CJ fq'J} ~ ~r~~!f~ ffH~ ~@~g:Ej:!,: !:':;>h ~[=:;::'lI Fi~' U~;H I.i i~~?li 0 ~P N EXHIBIT B 00 rom o -i 02': -, x. m~ I G5 I ::;;; )> -< :;u o ::;;; !l' o " ~ " 0 ,. 0 " 0 ,.-.I m m 0 -i m )> ;0 ~ ~ :>> I G5 I ::;;; )> -< ;0 9 ::?: * 0 " ~ >>~ ~~ ~~ 28 g~ ;ji " 0 >> 0 ~ "0 ,.-.I mm CJ-i :i m)> r: ?;~ I ,)> " m I-:: ~ .? ~ G5~ o:''\: I -i ~ ::;;;m ^' )>::tI ~ -<2 ;0 !i... b.!:!J . ~ l!' " ~ Q ~cr! ~ iR~~ i~~ =--00 ~ffl~ ~~~ r'il 1 r. -~+-Ff\ Fl - 2I 0-< m" c '" ~ Ih~ I i~~ x> 2c 'J~ U i5 ~~ ~ 1 .~; 1'1 18 i .~ h ~i h ~ )>C C/l' C/l0" O!\l O:J OJ' m rn -{ -< 1J m (II o o r C ;;: Z ~ ."..... na:>--1 ~: i ~ ~ ~~~~I ~~~ig ~i:f~' ~ Gl E ~ ~~,,~ tt ~~ "\rl'''....,.",-'...~f'j,."..."_r;,-_"l"'tT,;.:_..-,,,..~.ll. _""!. <".', , ~. l~'~~~ :- '. [,ill]] lo " I .... fIT',=-h ; ~F-' kJl:i : ,.. ~F~''Pi f, ii, IIU t () ~ y :{'I:~r::! .IAl 'ies; I" (~!g I;b Ill; L. , ., , II --'l!:'''' " -, ; 8&~ g , { III ~ ti 11 ;I! ~ : In In a~q ~ ij IJ . . '" ~ tl1 ;: ~ '115<51 C C c ~ c C ~ gt~ ~ z ~ z ~ -. -I ~ C, r ~ ~~~ U' ti' " U . .-<-. / (,\ U, '" " :1 P1WJECT' :v "' ~ ~ I~ M t-:j , '! OWN!:!! -J ~ . ~ !"'~~ Q~;~ . ~"..~ I ,!l~ "....:'" ~n' i..ct .1 ; & GULFSTREAM GARDENS P"^oE II BIJYNTON Elt:..llt.nl. FLORiDA THE HOUSING CROUP. INC' H & T Df;VELOPMENT co L L C 2499 GLADE..-<; RO."O., Sl.lJTE :'jO BOCA RATON. YLORIDA J:.3,nJ TEL: (561) a92 -- 2004 fAX: {561} 3-8;:---2094 EXHIBIT B "-'"-T~~ ' ",1, IillIUL, 'l ~,. I ,;~ ~ M~ ". ~ ~f ~ 1), C"".; ~ ~l ~ ~~ i~: :i 5m :;!'iji ~~ D'. Ix! lU i~ ~ t ~ o t' ~ :~ T:SENG CON:S1JLTlNG crwup, INC Af(cntn:CT'lHI:f:: . ENCiNEf-:R1NC Pl....NNING ?1 Nt: lfi6ltl srB.F:2'T MIAMI. FLORIDA ;\~H\l2 TI';L (:_mf'"1) 94[) ..4-17,: ~'AX_ (~105) ~H~) 1(;1:~ AA--Oa03161'i .Jo:B-lX)Oti&:::::. III OOOIO~)6 ilil!!!1 I I I I I I'; i I ~ I I i II EXHIBIT B ('. .I~; ,'(HlGf'~'[l-Il.r:.t'"",,""'~'1"L~\I !".._k_f'.' '1 ',Io'l !".., ",""'.,-';,< I '.~ "-Ii,' ;j"", (h' ) ~i' '~I(~ qc; 10 ;;U ) I' :: -I. . I I" j .1 I-~' L !~ r I I: I: 11 I i, r I:-r .' [; I t, --_~ 1 I' - I i I ' I I I I I I I ,.J I; : I I r1 i: ~ I [~I OJ \.'; tu !~ lH . , ~, ~j ~ -I ~ 1 1-1 _~ --. ---l --'I U ~ -1 --\ --\ ~ -<; -..: m ~~~~U~ ui\J!J o1lJ1ol {Jl ~~~"""'cOJ c r- U CCCC [c ;~;~~~~ j lJ' J (J> (J1 7 ~~ In " :1-- '" ,. H M -' :'1 '" -, n to tl PROJF.CT ,; .~ OWi'u:n GULFSTREAM GARDENS PHASf. II 80)'""NTlJN BEACH. nO!-i1DA THf: HOUSING GROUP, INC' H & T DEVELOPME:NT CO, !. L C. 2499 GLA[lES R(M1L SUlTf. 210 BOO. RATON. J'LORiDA :J:.J4:Jl TEl.: (561) 392--2004 PAX: i56"!) :1.92-<~t'91 TSENG CONSULTING GIWUP, lNC. .,(RClllTFX1'UJtE . t~H(;jNEE'RlNC PlANNING ~l N.E:. t6mh STREr.1'. MIAMI. FLORIDA 33162 .fEL (:30:J) 94f) 'l<f74 FAX (:305) 945-HH3 AA-OQ03166. EB-()(){l6~<2 . Jl3'OOOI096 I if;ilj!l II1I111 ~I ,. H~' c'; VI IU...",...n ,',.,'~J",,,,,,f,,,,,,'t" "_" ,,'-<:-; "1,',-";' ,~' ) : t_" c;l 0-- :r: ~ ~':,l ...... ~ ~~ ~iil -1 -~~ ~i ? 0.J tJ) 1.1 In '" .- In "- t, -< <) z I I ~,,~_* '",. IQ I~ !~ J i , '~,~_L ,f:--~ t 'I~ ;11 ;i~ ~i;;:';~' i~~ '~~, ~;. ~ ~ I r.~ ' R ' ."~.. - ~ I~,L, I ~ ~ ~ - :, ~ i'~ ' ~ ,; ; I ~2~ i~~ ~HI ~~I P ::~l ~ i~ Q~ ~~ l ~ ~ Ii i ~ ' ~ nill~i'~~~~ " ' < " g " ~ ... [~JI~ Gl[lr~] l.JL,lGG[~-G ['lll n * ~ ~ ~ ~; " ; ~ p~ F ~ I ! ,~ I. ~ ~ ~ :~ ~ ~ ." i ~ n ~ ;'.'1 ~~ l. , ci i U " 5 i ;.-, "' "~ ~ ~ i<.- : I J .. j!l ~ ~ ~ I :-:' So ; · ~ ~ "~. ~ ,,2;~ z I ~ ~, i ~; i~;" '11 i ~ ; ;n~ ~ ~.l, " ' . ~; I . ~! I ~" I "' .1 -< H , U ~ ~pT1 I1lmrn ullJllll '" ~ m ~c~~~L I .-.j I Ui J r- '" q ., ~ 1) ill ~~ z l~ , \U ' 'If ;,,-,'.l~' FAt IU () Z ;j. __I .m "I:;,' ~ ::'i C' Z II I I<~ ~Ii ~ _'c.'. ,tl ".~- ~I , ~ ';',' 'f,.- -. ~ "l)" r "f R . ,,. I I "',&,- I 1 l;~J EXHIBIT B ~ \~I . ,~{) ~ r , ,%' L,~\" If "II, <~~I\ '--\. ! ~ ~ --=---- ~ oo-Y:;:~ t1lf ~ 1 ~* ~ it~' ,1 -o:~ r ~~~ /h5..rrrn tn If;~/J, ~ d", if1tllij, I \ I I l' I , i,'JI ! il1lh i 1,lll/..L '~';, I~ I fl')) I <1 1;'f~-JliJj 'i l 11II \ , I ,:__ mH Ii I illllll.' I irDS-r~li ! iT'c"'Jii1 \:\ Iii I I I 'Vi i f~~~~t ~ I ~!, I tL I : '~~D~ tj : f'~'[ 1.r~1 i ,~'!iU:L - LlelL! t~ ~Jlill 111"--"-:- I'I"-D r ii', : f: , . I I: ii ",~__,.y ! __,~J~J I I! Ii !I~~. ~'Ci~\ 1.1 I I ! i , I I i I I 1 I I I I'; I(l 1/ !~'-~: 1~11=:L T;;)~:ifl~ ,,=,",~c'!~_ . 11TIn1 ' It~ I f:rrrmInTI.JI~ :1 ! t 't6 '\0,," ! 'U ~ [. I l . t.tl,. '~,'. . 'I' "i .t",,': ~ I ~ ' I" 't t- ': !" 1\ Hm@ I .",L,. I H;~mH I III I}. 'I PRO,IECT GULFSTREAM GI\RDENS p,,,,,,E Il Ii BO'{NTON BEACH. n,OHJO/.. at owrU:H ~H~ ~:og~~:~~;J)~~~~~' (!~~' 1.,Le 2499 GLADES R01ID.. SUiTE '2:10 BOCA RATON, FLOHIDA 33-13\ TEL: (561) ~:l92..Z004 FAX: {%1) 3f~2'-2()94 TSENG CONSULT1NG GROUP, JNC !\HCHJ'Ff:r'TUkE . I':NClNEI::RING PL.\NNING 2\ N,E !66th :STREEi MIAMI. Pl.ORIDA :j::lIG::-: TEL (:30~),' 9'ifl-,.H7.t P'AX' (:305) 94S'.lf,13 /lA-0003166 fB"t){}(H35-<2. 1E--OOOJO~6 (, H~,(,HHOI'.II:t.:T"J.Il~.f'tt.;.,.,n,,,,,="",U,RC,,:,;,T~_'.~_,,"~ ""'1-1 ,,;n,-.-:!, :_'S:'H"'\' ,~.c~, ~ 0 :r: :<>-- ~ ~~ .Ii _-; ~ i~~llP >l(""Jl 6"'~Z ~IT!Z ;;<f'0 i:j PROJ[(1 Ii ~~ {)~N}~R ~ '" " " ~ ,.---- :f ~-A : '-:'--11 f'--;~: lb- -~c ____ ,,"- ,.-.---1, :' ~:-n.l! f .. J' : ~,----~lTlI" -'- ; ~L_' . Jtt- ., L ic~:: -.~=l~~--~~ .~ Ii' ! tl II i~~:'~'jtL "~~J I! II' , ., ; 'I '!', ,,~-----~~' ---+--'~---'-~'=j-j ;!" i i I .,' I"F"'" '---T--' nu'l_ ~'-_~~~!Irt:}-~~--t: ~i~'---i:_L__,_'_-_J~ I '" ill",' ~~~;~jtl- .:'~; ~i-.~-'f1f'~-I: ~~---j~-~~: :!., II c' i: F-==~-="== ~. --=-----='=T-~ I : tt i r ~ 'I I I I ' i i . , ~-+-------=-=or i~;'~~I~~~=~'~~-: : ~{ I ; ~ ~. ; ih'~'1=~~, I r//lfr--~I' I, :J:?:2;~~3dl;:~0~_~z:~.i_ " ~- G ~ " ~ to f ~ ~~ "'l\l!ii ~ ,.".l~ ~~ ~~~!; 1} j 11;1!,1 I ~a' i ~ ~ ~~~ ~ H ~ ~ ~ (i ~ " , ~, I. ~I~ ~; ~ ti " I ~~ , i II I . . I I ~ GULFSTHEAM GARDt;NS ' PllAS' " BOYNTON fJf.ACH, P!.OFmJ." THE HOUS1NG GROllP. INC. H & T DEVELOPMENT CO, L l. C 249:) GI.ADES ROAD. SVITI: 2)C EOCA R<\T<lN. t'LORlDA 3:3431 TEL. (~1) :392- 2004 FAX', {~i61) 392- :':O'H f,~ t: I , 1; ') !~ ~; ! tt}"i~ l' 'I ! :' c }i i, ~ n on ~ ,,"\ :1 ;'1' ~j t~ ln~ !~ ! II' I :.1'o\" I j 11 hI ~ :Ii ! i \ \ I I \ \ ! p . !I ~ . a I ~ :i . . n " ~ ,~ i I~ ! iPI'PPI (Jill !HI T~)ENG CONSULT1NG CR01JP, INC A1K"mn:cruRE . f,NCJNEEflINC . Pl..o\NNINC /1 N_E_ 166t.h STREST. MIAMI. FLORIDA ;.nlf)Z TEL [;10:1) 94;)- 447,1 VAX (:)OS) 945 1l~13 AA- OOO~H66. EB-000ti~:.!2 . 11.1-0001096 EXHIBIT B ~~~:,i:i: lmjm 1111111 I""", !t'l .< Hi II!~ EXHIBIT "C" Conditions of Approval Project name: Gulfstream Gardens II File number: NWSP 05-028 Reference: 2nd review plans identified as a New Site Plan with a November 18, 2005 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: l. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). 2. It appears that the compactor far Phase I will also be used for Phase II. X Adjustments to the frequency of pickup may be required to handle the additional waste stream. PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. No off-site landscaping would be allowed without consent from the X Engineering Division of Public Warks. The proposed plant material within the right-of-way should not be included within the plant list because it is not a part of the property. UTILITIES Comments: 5. 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)). 6. Add a Permanent Sampling Station on the west side of Building 26. X 7. The City's water capacity, as increased through the purchase of up to 5 X million gallons of potable water per day from Palm Beach County Utilities, COA 12/07/05 2 DEPARTMENTS INCLUDE REJECT would meet the projected potable water for this project (project estimated to require a total of 46,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 22,000 gallons per day, subject to the applicant making a firm reservation of capacity, following approval of the site plan. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 8. 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. 9. 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. 10. 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. 11. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) COA 12/07/05 3 DEPARTMENTS INCLUDE REJECT 12. At time of permit review, provide a completed and executed CBB Unit of X Title form. The form shall describe all lots, parcels, or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 13. 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 A legal description of the land. B The full name of the project as it appears on the Development Order and the Commission-approved site plan. C If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. D The number of dwelling units in each building. E The total amount being paid, (CBBCO, Chapter 1, Article V, Section 3(f)) 14. 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. 15. 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. 16. The garage for the handicapped adaptable units shall comply with the FFHA, X 24 CFR 100.205. 17. Calculations for the percent of permitted wall openings shall be provided at X this review stage and comply with 2004 FBC, Section 704.8. PARKS AND RECREATION Comments: 18. Park impact fee 108 units @ $771.00/unit=$83,268.00 X COA 12/14/05 4 I I DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 19. Approval of this site plan is contingent upon the accompanying request for X annexation (ANEX 05-004) and land use amendment I rezoning (LUAR 04- 012). At the time of permitting, indicate these two (2) applications on the site plan tabular data. 20. The Special High Density Residential (SHDR) land use classification allows X for up to 20 dwelling unit per acre. Based on the project acreage, the site plan would be limited to a total of 109 dwelling units. At the time of permitting, eliminate one (1) dwelling unit and submit a rectified site plan so that there are no more than 109 dwelling units. 21. As part of its projected concurrency review, Palm Beach County Traffic X Division is recommending the provision of an exclusive left-turn lane onto the proiect access drivewav on Federal Highway (within Phase I). 22. The existing telecommunication tower is a legally non-conforming use. As X such, any modification or relocation of the tower shall be in conformance with Chapter 10 of the LDR's. 23. Provide a detail of the fencing proposed around the telecommunication tower. X An eight (8) foot fence or wall shall be required around the facility. 24. At the time of permitting, on the site plan tabular data, correct the number of X provided parking so that it accurately corresponds with the graphic representation. 25. At the time of permitting, provide a floor plan of the one (1 )-bedroom unit. X 26. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Community Redevelopment Agency Board meeting. 27. All building elevations, including the clubhouse, should correctly indicate X paint manufacturer's name and color codes (Chapter 4, Section 7.D.). The paint details proposed on the elevations should correspond and match with the paint swatches. 28. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X COA 12/14/05 5 DEPARTMENTS INCLUDE REJECT caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). 29, Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover. On the landscape plan), indicate the total quantities within each category and their native percentages. 30, The plans propose landscaped areas around the entire development. In order X to ensure proper maintenance of the landscaped areas at the rear of each unit, staff recommends that they be maintained by the Home Owners Association or protected as such in the Home Owner's Association documents, so that no individual property owner removes any of the required plant material along the perimeter of the PUD. 3 I, Because there is no master landscape plan, staff recommends that the plant X material and landscape design of Phase II be consistent with the same in Phase I (in perpetuity). 32. Staff recommends matching the roof styles between the buildings and X carports. The tile roof styles can either be Nordic Maple or Nordic Redwood. 33. Staff recommends substituting the emergency ingress I egress point (proposed X at the northwest comer of the subject phase) with a third point of access to be used by the residents only. ADDITIOINAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 34. Condition #20 shall be revised as follows: The Special High Density X Residential (SHDR) land use classification allows for up to 20 dwelling units per acre. Based on the acreage, the site plan would be limited to a total of 109 dwelling units. At the time of permitting, eliminate one (I) dwelling unit and submit a rectified site plan so that there are no more than 109 dwelling units or a rectified Master Plan showing Phase I and Phase II combined with no more than 308 dwelling units. 35. Add walkways from the individual units fronting Old Dixie Highway to the proposed public sidewalk. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 36. To be determined. S:\Planning\SHAREDlWP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens I/\NWSP 05-028\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gulfstream Gardens II AGENT: Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc. AGENTS ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 3, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 109 townhouse units on 5.47 acres in the PUD zoning district. LOCATION OF PROPERTY: West side of Federal Highway, approximately ~ miles north of Gulfstream Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the 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:lPlanningISHARED\WPIPROJECTSIGulfstream GardenslGulfstream Gardens Il\NWSP 05-028100 doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Description: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Owner: Location: Land Use Plan Amendment/Rezoning Location: Gulfstream Gardens Phase II (lUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and 2. Project: Agent: Owner: Description: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Dick Hudson, Planner, stated staff recommended approval of the request for annexation and land use amendment change as requested. Gulfstream Gardens II was a follow-on project to Gulfstream Gardens I the Board heard a year ago. The project is located just south of the Palm Cove project, which the Board approved at this meeting. The annexation request is consistent with the City's annexation policies; the property is contiguous to properties lying within the City of Boynton Beach and forms a reasonable compact addition to the City boundaries. The future land use amendment is consistent with the policies in the City's adopted Comprehensive Plan, and particularly that portion of the land use element that defines Special High Density Residential and its uses relative to redevelopment planning and urban densities and housing opportunities. The plan for this property is consistent with the vision and recommendations of the Federal Highway Corridor Community Redevelopment Plan and meets all of the criteria for review as required under the Land Development Regulations. Approval of the site plan would be required simultaneously with approval of the zoning and land use. New Site Plan Description: Gulfstream Gardens Phase II (NWSP OS-028) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request for new site plan approval to construct 110 townhouse units, recreation amenities and related site improvements on a 5.47-acre parcel in the Planned Unit Development (PUD) zoning district. 3. Project: Agent: Owner: Location: Eric Johnson, Planner, reviewed the site plan request. The maximum density allowed by the Special High Density Residential land use is 20 dujacre, which would allow for 109 units in this project. The site proposes 110 town house units, which exceeds the project's maximum allowable density. If Gulfstream Gardens Phase I and Phase II were combined under a Unity of Title, this objection would go away. Gulfstream Gardens Phase I was approved with one unit short of what it could have. Staff reviewed the project in terms of concurrency and determined any infrastructure or services that are not in place as of today would be in place prior to the issuance of any building permits. In Phase II the site plan proposes an alternate point of emergency ingress and egress with a driveway opening meant for the use of emergency vehicles only. Based on the number of units in the development, the overall design, and for safety purposes, staff recommended finishing the driveway for full ingress/egress for use of the residents. 11 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 The project is over parked by 26 spaces. More than one half an acre of the subject property would have a "green area" designation. The buildings would be set back at least 16.4 feet from the east (front) property line along Federal Highway. The site plan proposes ten 3-story buildings throughout the development. Staff reviewed the site plan and recommended approval contingent upon meeting the 33 conditions of approval. Mr. Johnson asked condition of approval #20 be modified and replaced with the following language: The Special High Density Residential Land Use classification allows for up to 20 dujacre. Based on the project acreage, the site plan would be limited to a total of 109 dwelling units. At the time of permitting, eliminate one dwelling unit and submit a rectified site plan so there are no more than 109 dwelling units; or, a rectified master plan showing Phase 1 and Phase 2 combined with no more than 308 dwelling units. That Unity of 77tle Master Plan would insure the project density would meet the requirements of Special High Density land use classification. Vivian Brooks, eRA Planner, met with the applicant and expressed a concern about the lack of a sidewalk in the City's easement from the individual units. She had requested this to create the pedestrian environment on Old Dixie Highway, but the applicant did not comply with her request. It created more of a gated community feel on Old Dixie, which is not consistent with a number of other developments approved by this Board in the recent past. She requested the applicant comply with that request to be consistent with other developments with Old Dixie frontage. This would be Condition of Approval #34, if the Board chose to add it. Mr. DeMarco asked for the timetable for Phase I and Phase II of the project. Staff commented the timetable for Phase 1 had been approved previously. He deferred to the applicant for more details on the timetable. The Board did not have any further questions. Bradley Miller, Miller land Planning Consultants, Inc., appeared as representative for the owners of the project. Mr. Miller stated the applicants were in agreement with a majority of the Conditions of Approval. They agreed with Mr. Johnson's restatement of condition #20. They wanted to discuss condition #33. In regard to the sidewalk issue raised by Ms. Brooks, there are sidewalks that lead out to the Federal Highway side. On the Dixie Highway side there was going to be additional landscaping. This was a continuation of the already-approved Phase I project. The applicant proposed an emergency exit location at the northwest corner of the project. They had primary access points on Federal Highway, as part of Phase I, that led directly in to the clubhouse that will serve the whole community. There was also an access point on Dixie Highway. The applicant felt a third access point was not a requirement due to traffic conditions from the County or the City. They felt having it would breach some of the privacy they wanted to create with the community. The applicant felt the number and location of driveway ingress and egress points was sufficient and requested that condition #33 be stricken. 12 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Mr. Barretta inquired why the applicant objected to Ms. Brooks' recommendation for sidewalks. Mr. Miller responded they were trying to continue the same theme as Phase 1. They were providing sidewalks on the Federal Highway side, but wanted to create privacy for the residents on the Old Dixie Highway side. Chair Heavilin noted a sidewalk on the Old Dixie Highway side was shown on the site plan for Phase 1. Mr. Myott responded it was the connections from the sidewalk to the front doors of the units. The ones on the Federal Highway side were very short but on Old Dixie Highway, because of the right-of-way, they would be quite long. He thought there could be some kind of "faux" design where the fences changed to mimic what was happening on the Federal Highway side - by changing the post pattern possibly. Ms. Brooks agreed with City staff's comments about a third point of ingresslegress for the convenience of certain residents who would, otherwise, have to drive for quite a distance before they could exit the community. Mr. Myott suggested tying the third emergency access road to the trash compactor site, which was oddly situated in the present design. Mr. Miller thought this was a possibility and agreed to continue to work with staff on this. Michael Rumpf, Planning & Zoning Director, stated the City was seeing more projects approved, even small ones, with two or more entrances. There was greater acceptance of a denser environment, but the need for more points of ingress/egress would continue. Chair Heavilin opened the floor to the public and closed it when no one wished to speak. Motion Mr. Barretta moved to approve the annexation request for Gulfstream Gardens Phase II (ANEX 05-004). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Land Use Plan AmendmentlRezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the Rezoning request for Gulfstream Gardens Phase II (LUAR 05-012). Mr. Myott seconded the motion that passed 6-0. Motion Mr. Barretta moved to approve the site plan for Gulfstream Gardens Phase II (NWSP 05-028), subject to the 33 conditions of approval and the one condition of CRA staff. Vice Chair Tillman seconded the motion that passed 6-0. Mr. Miller asked if the motion had included the modification to condition of approval #20, and Mr. Barretta said that was the condition of record. 13 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM D. 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 Offiee Meeting Dates in to City Clerk's Offiee 0 Deeember 6, 2005 November 14, 2005 (Noon,) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [g] January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 2 I, 2006 (NoonX c, .; 0 January 17,2006 January 3, 2006 (Noon) 0 March 2],2006 March 6, 2006 (Noon) ~ .-' 0 Administrative 0 Development Plans r',.) --1 ~.'i G~J NATURE OF 0 Consent Agenda 0 New Business "~ ~'-lq AGENDA ITEM c~., ::?> [g] 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 January 3, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading, The Community Redevelopment Agency Board, recommended that this request be approved on December 13, 2005, For further details pertaining to the request, see attached Department Memorandum No. PZ 05-24 I, EXPLANATION: PROJECT: AGENT: OWNER: LOCATlON: DESCRIPTlON Palm Cove (ANEX 05-005) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion ofa 7.402-acre project. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A !~t Development ~artme ' Director ~C"M " Ity anager s SIgnature 2/U~ Planning and Zoni rector CIty Attorney / Fmance / Human Resources S:\planning\SHAREDlWP\PROJECTS\Palm Cove (aka Miller Rd Project)\ANEX 05-005\Agenda Hem Request Palm Cove ANEX 05-005 1-3-06,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, ANNEXING 4.456+/- ACRES 5 OF LAND THAT IS CONTIGUOUS TO THE CITY 6 LIMITS WITHIN PALM BEACH COUNTY AND 7 THAT WILL, UPON ANNEXATION, CONSTITUTE 8 A REASONABLY COMPACT ADDITION TO THE 9 CITY TERRITORY; PROVIDING THAT THE 10 PROPER LAND USE DESIGNATION AND 11 PROPER ZONING OF THE PROPERTY SHALL BE 12 REFLECTED IN SEPARATE ORDINANCES TO BE 13 PASSED SIMULTANEOUSLY HEREWITH; 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN EFFECTIVE DATE; PROVIDING THAT 16 THIS ORDINANCE SHALL BE FILED WITH THE 17 CLERK OF THE CIRCUIT COURT OF PALM 18 BEACH COUNTY, FLORIDA, UPON ADOPTION. 19 20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 21 development of an Annexation Program; and 22 WHEREAS, the multiple owners, by and through their agent, Ruden McCloskey, of 23 the property more particularly described hereinafter, have heretofore filed a Petition, 24 pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton 25 Beach, Florida, for the purpose of annexing a certain tract of land consisting of 26 approximately 4.456 acres; and 27 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 28 following tract of land as hereinafter described, in accordance with Article 1, Section 7 (32) 29 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 30 WHEREAS, said tract of land lying and being within Palm Beach County IS 31 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its S:\CA \Ordinances\Planning\Annexalions\Annexalion - Palm Cove,doc 1 1 annexation, constitute a reasonably compact addition to the City territory. 2 NO''', THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. 4 Section 2. Pursuant to Article I, Section 7 (32) of the Charter of the City of 5 6 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described 7 unincorporated and contiguous tract of land situated and lying and being in the County of 8 Palm Beach, Florida, to wit: 9 That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to the 10 Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach 11 County, Florida; lying west of the right-of-way of State Road 5 (U.S. Highway No.1) as 12 conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book 124, 13 Page 638 of the Public Records of Palm Beach County, Florida. 14 15 Together with: 16 17 Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat 18 Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that portion 19 of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in Official Records 20 Book 119, Page 453, of the Public Records of Palm Beach County, Florida. 21 22 Together with: 23 24 All of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat Book 2 5 23, Page 195, in the Public Records of Palm Beach County, Florida. 26 2 7 CONTAINING APPROXIMA TEL Y 4.456 ACRES OF LAND 28 29 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 30 and become part of the City with the same force and effect as though the same had been 31 originally incorporated in the territorial boundaries thereof. 32 Section3 : That Section 6 and 6( a) of the Charter of the City of Boynton S:ICA 10rdinancesIPJanning\Annexations\Annexation - Palm Cove.doc 2 1 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more 2 particularly described in Section 2 ofthis Ordinance. 3 Section 4: That by Ordinances adopted simultaneously herewith, the 4 proper City zoning designation and Land Use category is being determined as contemplated 5 in Section 171.162(2), Florida Statutes, 6 Section 5. All ordinances or parts of ordinances in conflict herewith are 7 hereby repealed. 8 Section 6: Should any section or provision of this Ordinance or any portion 9 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 10 affect the remainder of this Ordinance. 11 Section 7: This Ordinance shall not be passed until the same has been advertised 12 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 13 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. 14 15 Section 8. Section 9. This ordinance shall become effective immediately upon passage. This ordinance, after adoption, shall be filed with the Clerk of the 16 Circuit Court of Palm Beach County, Florida. 17 18 FIRST READING this ~ day of ,2006. S :\CA \Ordinances\Planning\Annexations\Annexation - Palm Cove,doc 3 1 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 25 City Clerk 26 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:ICA IOrdinancesIPlanning\Annexations\Annexation - Palm Cove,doc 4 TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-241 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AIC~ Senior Planner ,,/l :1 ((}lV Michael W. Rump~ Director of Planning and Zoning November 30, 2005 Palm Cove/ANEX 05-005-LUAR 05-014 Annex a 4.456-acre portion of the total 7.402-acre property; Amend the Future Land Use designation from General Commercial, Local Retail Commercial (City); and Medium Residential-5 and Commercial High/5 (Palm Beach County) to Special High Density Residential; and Rezone the property from C-3 Community Commercial, C-4 General Commercial (City); and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: PROJECT DESCRIPTION Multiple owners East Coast Communities, InclRuden McCloskey Approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway (Exhibit "A'') :1:7.402 acres General Commercial, Local Retail Commercial (City) and Medium Residential-5 and Commercial High/5 (Palm Beach County) C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (Palm Beach County) Special High Density Residential (SHDR) PUD Planned Unit Development Page 2 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove Proposed Use: Townhouse Community Adjacent Uses: North: To the northeast, property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development approved for the Oceanside multi-family development and currently occupied by a real estate sales office. To the northwest, the right-of-way of Miller Road, then developed residential property lying in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM - Multi-Family Residential (medium density) South: To the southeast, property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development currently under development as Bayfront, a multi- family community. To the southwest, developed property designated General Commercial and zoned C-4 General Commercial. East: The right-of-way of Federal Highway, then property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development currently being developed as Waterside, a townhouse community. West: The rights-of-way of Old Dixie Highway and the FEC Railroad, then property designated Conservation and zoned Recreation (Sea crest Scrub). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hi9hwav Corridor Community Redevelooment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Page 3 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.402 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. Master/Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan proposes a 121-unit townhouse development at a gross density of 16.34 dwelling units per acre (du/ac). Structures, for the most part, are each a combination of two and three stories; however, a series of three-story units are placed along the north property line. Principal ingresslegress for the project is from Federal Highway, with secondary egress only to Old Dixie Highway. The internal circulation streets form a grid-like pattern with garage access for the residents opening onto these roadways. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities, including a tot-lot, swimming pool, two-story clubhouse and passive areas form a central core for the development. In conformance with regulations each unit is provided with two parking spaces. These are in internal garages. Additionally, parking is required for the recreation area, bringing the total parking requirement to 252 spaces. The developer is providing an additional twenty-six spaces, either as parallel spaces or in 900 configured spaces along the internal streets. Buildings fronting on Federal Highway are provided with 20.5-foot setbacks. Those fronting on Old Dixie are set back approximately 70 feet from the existing edge of pavement, but only 10 feet from the property line, this because of the position of the pavement within the 80-foot right-of-way. Side setbacks for the structures on the north are approximately 11 feet, mirroring those of the proposed adjacent development, and approximately 45 feet on the south, with the exception of the southern building fronting on Old Dixie Highway, which is set back between 17.5 feet and 23.3 feet. Since a site plan is substituting for a master plan, as required for rezoning to the PUD district, a more comprehensive discussion of the details will be provided by staff as a part of the review of the corresponding site plan. Review Based On Criteria 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: ANEX 05-005/LUAR 05-014 Name: Palm Cove Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the property under consideration is a combination of lands lying within the City as well as lands proposed for annexation. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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 requirement~ which would have to be imposed on subsequent development of the prope~ in order to comply with policies contained in the comprehensive plan. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: ''Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least';. and ''Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should Page 5 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 lands to both the southeast, where the Bayfront is being developed, to the east, across Federal Highway where Waterside is under construction, and to the northeast where the Oceanside project has been approved. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses and single-family residential to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The Palm Beach County Traffic Division determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county and therefore exempt from concurrency analysis. The Division, however, would not yet approve the project for concurrency because of some questions regarding trip generation rates and build-out dates; therefore, a revised study will be required for the Traffic Division to determine that the project meets the Traffic Performance Standards of Palm Beach County. No building permits will to be issued by the City until the Traffic Division approves the traffic study for concurrency purposes The project is estimated to require a total of 52,000 gallons of potable water per day. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 23,500 gallons per day. Page 6 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove 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 application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, 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 stated above in response to Criterion "b", the proposed land use and zoning would be consistent with those approved for adjacent properties to the northeast (Oceanside), east (Waterside) and southeast (Bayfront) of the subject property. Any effects on property values would be positive. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with a variety of uses, including commercial and single- family residential. The economic viability of these uses is questionable, considering the transition to high density residential uses that is occurring with redevelopment of the corridor under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. 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 requested annexation, land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. Residential densities of 20 dulac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du{ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing Page 7 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff finds or recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; and, 3. That the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and. 4. That the proposed redevelopment plan is consistent with the VISion and recommendations of the Federal Hiahwav Corridor Community Redevelooment Plan; therefore, 5. The requested land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\PARKSIDE aka Miller Road\LUAR\STAFF REPORT NEW.doc LOCATION MAP Palm Cove (a.k.a. Miller Road) ANEX 05-005 & LUAR 05-014 Exhibit A 300 150 o N 300 Feel A Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the room. He proceeded to swear in all persons who planned to speak during the Public Hearing portion of the meeting. Annexation A. Annexation - Miller Road Project Description: Palm Cove (ANEX 05-05) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402- acre project 1. Project: Agent: Owner: Location: Land Use Plan Amendment/Rezoning Description: Palm Cove (LUAR 05-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium Residential-5 and Commercial Highj5 (County) to Special High Density Residential; and 2. Project: Agent: Owner: Location: Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Dick Hudson, Sr. Planner, reviewed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the following reasons: . The requested annexation is consistent with the City's annexation policy. . The property is contiguous to properties lying within the City of Boynton Beach and forms a reasonably compact addition to the City boundaries. . The future land use amendment is consistent with the policies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16.1 defining Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities. . The proposed redevelopment plan is consistent with the VISion and recommendations of the Federal Highway Corridor Community Redevelopment Plan. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 · The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Abandonment 3. Project: Agent: Owner: Location: Description: Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park; II thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. New Site Plan 4. Project: Agent: Owner: Location: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. Description: Eric Johnson, Planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 du/acre. Town homes are permitted uses in the proposed zoning district. Staff reviewed the project for concurrency and found the infrastructure and services are or will be in place prior to the issuance of a building permit. The main point of ingress and egress is along Federal Highway. Along Dixie Highway there is a point of egress only and it will be gated. The project requires 252 parking spaces and it provides 278 parking spaces. The west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff determined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval is worded to say that if Palm Beach County determined improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff is waiting for a written response from Palm 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13,2005 Beach County. All public agencies reviewed the abandonment request with no comment except that Florida Power & Light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the improvements were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan. Chair Heavilin asked the applicant whether the developer would agree to all the conditions of approval. Kim Glas-Castro of Ruden McClosky appeared on behalf of East Coast Communities and indicated they agreed with all the conditions of approval. Mr. Myott asked staff if there were a plan for winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-of-way was a requirement of the City's Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myott wanted to know if the sidewalk plan was tied to any other plan such as a master plan or a greenways plan. Mr. Hudson said the current pavement was far to the west side of the right-of-way and at some point, he believed the applicant wanted to relocate this closer to the center and widen it. It seemed to Mr. Myott that an opportunity was there for special landscaping, greenways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPoint presentation of the site plan. Mr. Myott complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Palm Cove (ANEX 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair TIllman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Owner: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Location: Description: Land Use Plan Amendment/Rezoning 2. Project: Agent: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and Owner: Location: Descri ption: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 .~,,'"!~'O, ~ /" ...\ '"( , ;'1 x. 0' ,/.) ~f~~' '"'''',-<,~~.?- '0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM E. 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 0 December 6, 2005 November 14,2005 (Noon,) 0 February 7, 2006 January 17, 2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2] , 2006 February 6, 2006 (Noon) - ~ January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 i-'" . -, ~ February 21, 2006 (Noon)"! ;~ ') ~J 0 January 17, 2006 January 3, 2006 (Noon) 0 March 2 I, 2006 March 6, 2006 (Noon) .~ - ~ NATURE OF AGENDA ITEM . _.~....... .~~-" ....j -'.../ ,--, 0 Administrative 0 Development Plans N ..-.... .:::-' -iJ ......- " '~;lC:J 0 Consent Agenda 0 New Business :'..1 ;)~i CFi ~ Public Hearing ~ Legal -;;., 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board, recommended that the subject request be approved on December 13, 200S. For further details pertaining to the request, see attached Department Memorandum No. PZ OS-241. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION Palm Cove (LUAR 05-014) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium Residential-S and Commercial High/S (County) to Special High Density Residential; and Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: Developmen ~C'M'~ Ity anager s SIgnature LU2 k Planning and ~g Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\LUAR\Agenda Item Request Palm Cove LUAR 05-014 1-3-06,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY MULTIPLE OWNERS, AND LOCATED 8 AT APPROXIMATELY ONE-QUARTERMlLE NORTH 9 OF GULFSTREAM BOULEV ARD BETWEEN 10 FEDEARL HIGHWAY AND OLD DIXIE HIGHWAY; 11 CHANGING THE LAND USE DESIGNATION FROM 12 GENERAL COMMERCIAL, LOCAL RETAIL 13 COMMERCIAL (CITY) AND MEDIUM RESIDENTIAL 14 -5 AND COMMERCIAL HIGH/5 (PALM BEACH 15 COUNTY) TO SPECIAL HIGH DENSITY 16 RESIDENTIAL (SHDR); PROVIDING FOR 17 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 18 DATE. 19 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 21 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 22 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 23 Comprehensive Planning Act; and 24 WHEREAS, the procedure for amendment of a Future Land Use Element of a 25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 26 WHEREAS, after two (2) public hearings the City Commission acting in its dual 27 capacity as Local Planning Agency and City Commission finds that the amendment 28 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 29 the best interest of the inhabitants of said City to amend the aforesaid Element of the 30 Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 32 CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\planning\Land Use\Palm Cove,doc 1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 4 following: 5 That the Future Land Use of the following described land located approximately one- 6 quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie 7 Highway in Boynton Beach, Florida shall be changed from General Commercial, Local Retail 8 Commercial (City) and Medium Residential -5 and Commercial High/5 (palm Beach County) 9 and shall now be designated as Special High Density Residential (SHDR): 10 See Legal Description Attached Hereto as Exhibit "A" 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 of the 16 Future Land Use Plan shall be amended accordingly. 17 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereof be 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA\Ordinances\Planning\Land Use\Palm Cove.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this _ day of ,2006. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2 0 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\planning\Land Use\Palm Cove.doc LEGAL DESCRIPTION That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida; lying west of the right-of-way of State Road 5 (U.S. Highway No.1) as conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book 124, Page 638 of the Public Records of Palm Beach County, Florida. Together with: Lots 37, 38 and 58 of "Amended Plat of Trade Winds Estates," according to the Plat recorded in Plat Book 2 I, Page 73, of the Public Records of Palm Beach County, Florida, less that portion deeded to the State of Florida by instrument in Official Records Book 104, page 35. Together with: Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that portion of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in Official Records Book 119, Page 453, of the Public Records of Pahn Beach County, Florida. Together with: Al1 of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat Book 23, Page I 95, in the Public Records of Palm Beach County, Florida. Together with: The 3D-foot right-of-way of Miller Road as shown on the Plat of "Killian's Park" recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, adjoining Lots 6 thru 14 of said "Kil1ian's Park." Said lands containing 7.402 acres, more or less. Exhibit "A" WPB:214125:1 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF EAST COAST COMMUNITIES, 6 INC., AMENDING ORDINANCE 02-013 TO REZONE 7 A PARCEL OF LAND LOCATED 8 APPROXIMATELY ONE-QUARTER MILE NORTH 9 OF GULFSTREAM BOULEV ARD BETWEEN 10 FEDERAL HIGHWAY AND OLD DIXIE HIGHWAY, 11 AS MORE FULLY DESCRIBED HEREIN, FROM 12 COMMUNITY COMMERCIAL (C-3), GENERAL 13 COMMERCIAL (C-4) CITY AND RESIDENTIAL 14 (RM) AND GENERAL COMMERCIAL (CG) PALM 15 BEACH COUNTY TO PLANNED UNIT 16 DEVELOPMENT (PUD); PROVIDING FOR 17 CONFLICTS, SEVERABILITY, AND AN 18 EFFECTIVE DATE. 19 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 21 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 22 WHEREAS, East Coast Communities, applicant for the property located 23 approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and 24 Old Dixie Highway in Boynton Beach, Florida, as more particularly described herein, has filed 25 a Petition, through its agent, Ruden McCloskey, pursuant to Section 9 of Appendix A-Zoning, 26 of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a 27 parcel of land, said land being more particularly described hereinafter, from Community 28 Commercial (C-3), General Commercial (C-4) City and Residential (RM) and General 29 Commercial (CG) Palm Beach County to Planned Unit Development (PUD); and 30 WHEREAS, the City Commission conducted a public hearing and heard testimony 31 and received evidence which the Commission finds supports a rezoning for the property 32 hereinafter described; and S:\CA \Ordinances\Planning\Rezoning\Rezoning - Palm Cove,doc 1 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 2 an amendment to the Land Use which was contemporaneously considered and approved at the 3 public hearing heretofore referenced; and 4 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 5 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 8 Section I. The foregoing Whereas clauses are true and correct and incorporated 9 herein by this reference. 10 Section 2. The following described land located approximately one-quarter mile 11 north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway in the City 12 of Boynton Beach, Florida, as set forth as follows: 13 See Legal Description Attached hereto as Exhibit "A". 14 15 16 be and the same is hereby rezoned from Community Commercial (C-3), General Commercial 17 (C-4) City and Residential (RM) and General Commercial (CG) Palm Beach County to Planned 18 Unit Development (PUD). A location map is attached hereto as Exhibit "B" and made a part 19 of this Ordinance by reference. 2 0 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 21 accordingly. 22 Section 4. All ordinances or parts of ordinances m conflict herewith are hereby 23 repealed. 24 Section 5. Should any section or provision of this Ordinance or any portion thereof be S:\CA \Ordinances\Planning\Rezoning\Rezoning - Palm Cove,doc 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this _ day of ,2006. 5 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 City Clerk 31 32 (Corporate Seal) 33 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezoning - Palm Cove,doc LEGAL DESCRlPTION That part of Lot 59, "Amended Plat of Trade Winds Estates, a Subdivision," according to the Plat thereof, recorded in Plat Book 21, Page 73, of the Public Records of Palm Beach County, Florida; lying west of the right-of-way of State Road 5 (U.S. Highway No. I) as conveyed to Palm Beach County, Florida, by a deed recorded in Official Records Book 124, Page 638 of the Public Records of Palm Beach County, Florida. Together with: Lots 37, 38 and 58 of "Amended Plat of Trade Winds Estates," according to the Plat recorded in Plat Book 21, Page 73, ofthe Public Records of Palm Beach County, Florida, less that portion deeded to the State of Florida by instrument in Official Records Book 104, page 35. Together with: Lot 15, "Killian's Park, a Subdivision," according to the Plat thereof, as recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, less that portion of Lot 15 conveyed to the State of Florida by a Warranty Deed recorded in Official Records Book 119, Page 453, of the Public Records of Palm Beach County, Florida. Together with: All of Lots 6 through 14 and Lots 16 through 29 of "Killian's Park" recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida. Together with: The 30-foot right-of-way of Miller Road as shown on the Plat of "Killian's Park" recorded in Plat Book 23, Page 195, in the Public Records of Palm Beach County, Florida, adjoining Lots 6 thru 14 of said "Killian's Park." Said lands containing 7.402 acres, more or less. Exhibit "A" WPB:214125:1 LOCATION MAP Palm Cove (a.k.a. Miller Road) ANEX 05-005 & LUAR 05-014 Exhibit t3 ! f I ! ! I , i I f i ! J !it >i( ;..I.;; Q Q .u (,t) * I J 300 150 o N 300 Feel A TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-241 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AIC~ Senior Planner /1 . :f1()'IV Michael W. Rumpf Director of Planning and Zoning November 30, 2005 Palm Cove/ANEX 05-005-LUAR 05-014 Annex a 4.456-acre portion of the total 7.402-acre property; Amend the Future Land Use designation from General Commercial, Local Retail Commercial (City); and Medium Residential-5 and Commercial High/5 (Palm Beach County) to Special High Density Residential; and Rezone the property from C-3 Community Commercial, C-4 General Commercial (City); and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: PROJECT DESCRIPTION Multiple owners East Coast Communities, Inc/Ruden McCloskey Approximately one-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway (Exhibit "A'') :1:7.402 acres General Commercial, Local Retail Commercial (City) and Medium Residential-5 and Commercial High/5 (Palm Beach County) C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (Palm Beach County) Special High Density Residential (SHDR) PUD Planned Unit Development Page 2 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove Proposed Use: Townhouse Community Adjacent Uses: North: To the northeast, property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development approved for the Oceanside multi-family development and currently occupied by a real estate sales office. To the northwest, the right-of-way of Miller Road, then developed residential property lying in unincorporated Palm Beach County, designated Medium Residential 5 and zoned RM - Multi-Family Residential (medium density) South: To the southeast, property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development currently under development as Bayfront, a multi- family community. To the southwest, developed property designated General Commercial and zoned C-4 General Commercial. East: The right-of-way of Federal Highway, then property designated Special High Density Residential (SHDR) and zoned IPUD Infill Planned Unit Development currently being developed as Waterside, a townhouse community. West: The rights-of-way of Old Dixie Highway and the FEC Railroad, then property designated Conservation and zoned Recreation (Seacrest Scrub). EXECUTIVE SUMMARY Staff recommends approval of the requested annexation, land use amendment and rezoning for the following reasons: 1. The requested annexation is consistent with the City's annexation policy; the property is contiguous to properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; 2. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Hiahwav Corridor Community Redevelooment Plan; and, 4. The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Page 3 File Number: ANEX 05-005jLUAR 05-014 Name: Palm Cove PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 7.402 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. Master/Site Plan Analysis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. The site plan proposes a 121-unit townhouse development at a gross density of 16.34 dwelling units per acre (du/ac). Structures, for the most part, are each a combination of two and three stories; however, a series of three-story units are placed along the north property line. Principal ingress/egress for the project is from Federal Highway, with secondary egress only to Old Dixie Highway. The internal circulation streets form a grid-like pattern with garage access for the residents opening onto these roadways. Pedestrian circulation is separated from the roadways, reducing potential conflicts with vehicular circulation. Recreation amenities, including a tot-lot, swimming pool, two-story clubhouse and passive areas form a central core for the development. In conformance with regulations each unit is provided with two parking spaces. These are in internal garages. Additionally, parking is required for the recreation area, bringing the total parking requirement to 252 spaces. The developer is providing an additional twenty-six spaces, either as parallel spaces or in 900 configured spaces along the internal streets. Buildings fronting on Federal Highway are provided with 20.5-foot setbacks. Those fronting on Old Dixie are set back approximately 70 feet from the existing edge of pavement, but only 10 feet from the property line, this because of the position of the pavement within the 80-foot right-of-way. Side setbacks for the structures on the north are approximately 11 feet, mirroring those of the proposed adjacent development, and approximately 45 feet on the south, with the exception of the southern building fronting on Old Dixie Highway, which is set back between 17.5 feet and 23.3 feet. Since a site plan is substituting for a master plan, as required for rezoning to the PUD district, a more comprehensive discussion of the details will be provided by staff as a part of the review of the corresponding site plan. Review Based On Criteria 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: ANEX 05-005/LUAR 05-014 Name: Palm Cove Pursuant to Section 9.C.2(2) of the Land Development Regulations, when reviewing requests for annexation, staff is not required to review the petition against the eight (8) criteria by which land use amendments and rezonings are to be reviewed as indicated in Section 9.C.7. when the proposed zoning is consistent with zoning or land use recommendations contained in the Comprehensive Plan. Usually in those instances, staff analysis relates only to consistency with other relevant portions of the Comprehensive Plan, the city's annexation program and service capability. In this instance, however, the property under consideration is a combination of lands lying within the City as well as lands proposed for annexation. In addition, the requested land use designation and rezoning are for a change to residential uses; therefore, a review based on the criteria is warranted. 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 Citys 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. Over the past several years, the City has seen a shift from the perpetuation of small commercial uses along the corridor to residential uses, particularly those with densities greater than 10.8 units per acre. Higher density development was facilitated by the City's Comprehensive Plan through the establishment of the Special High Density Residential classification, intended to support redevelopment in the coastal area. Land use amendments and rezonings, which change designations from commercial use to residential use are particularly consistent with two policies in the Comprehensive Plan: "Policy 1.17.1 The City shall continue to discourage additional commercial and industrial uses beyond those which are currently shown on the Future Land Use Map, except where access is greatest and impacts on residential land uses are least"; and "Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularly in the Coastal Area. " The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should Page 5 File Number: ANEX 05-005/lUAR 05-014 Name: Palm Cove be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) In concert with the recommendations cited, the residential density of the proposed development will help to support the downtown commercial core, as well as the recognized commercial nodes in the corridor. In addition, it is proposed at a scale and massing that will provide a transition into the downtown area, where development standards allow greater densities and more intense massing of buildings. 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 distric~ 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 lands to both the southeast, where the Bayfront is being developed, to the east, across Federal Highway where Waterside is under construction, and to the northeast where the Oceanside project has been approved. c. Whether changed or changing conditions make the proposed rezoning desirable. The request for conversion of parcels designated for commercial uses and single-family residential to multi-family residential for condominium and townhouse development has become more prevalent in the Federal Highway corridor in the last four years. Often the conversion serves to remove marginal, and sometimes undesirable, commercial uses. Additionally, adoption of the IPUD regulations in June 2002 provided an attractive incentive for redevelopment and infill projects on smaller parcels in the Federal Highway corridor. These two changes in conditions serve to make the proposed rezoning desirable. d. Whether the proposed use would be compatible with utility system~ roadways/ and other public facilities. The Palm Beach County Traffic Division determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county and therefore exempt from concurrency analysis. The Division, however, would not yet approve the project for concurrency because of some questions regarding trip generation rates and build-out dates; therefore, a revised study will be required for the Traffic Division to determine that the project meets the Traffic Performance Standards of Palm Beach County. No building permits will to be issued by the City until the Traffic Division approves the traffic study for concurrency purposes The project is estimated to require a total of 52,000 gallons of potable water per day. The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the projected total of 23,500 gallons per day. Page 6 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove 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 application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire Rescue and Police Departments have reviewed the application and determined that current staffing levels would be sufficient to meet the expected demand for services. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, 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 stated above in response to Criterion "b", the proposed land use and zoning would be consistent with those approved for adjacent properties to the northeast (Oceanside), east (Waterside) and southeast (Bayfront) of the subject property. Any effects on property values would be positive. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed with a variety of uses, including commercial and single- family residential. The economic viability of these uses is questionable, considering the transition to high density residential uses that is occurring with redevelopment of the corridor under the guidelines of the Federal Highwav Corridor Community Redevelooment Plan. 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 requested annexation, land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also support the current trend toward greater residential uses in this area, economic revitalization, and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. Residential densities of 20 dulac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 du/ac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated by existing Page 7 File Number: ANEX 05-005/LUAR 05-014 Name: Palm Cove capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff finds or recommends: 1. That the requested annexation is consistent with the City's annexation policy, the property is contiguous with properties lying within the City of Boynton Beach, and forms a reasonably compact addition to the city boundaries; therefore the annexation should be approved; 2. That the City Commission, acting as the Local Planning Agency, finds the proposed amendments consistent with the Comprehensive Plan; and, 3. That the requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and. 4. That the proposed redevelopment plan is consistent with the VISion and recommendations of the Federal Highwav Corridor Community Redeve/oDment Plan; therefore, 5. The requested land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\P1anning\SHARED\WP\PROJECTS\PARKSIDE aka Miller Road\LUAR\STAFF REPORT NEW,doc LOCATION MAP Palm Cove (a.k.a. Miller Road) ANEX 05-005 & LUAR 05-014 Exhibit A ! ; .f f I I i , , I ! ~ f N 300 Feet A 300 150 o Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the room. He proceeded to swear in all persons who planned to speak during the Public Hearing portion of the meeting. Annexation A. Annexation - Miller Road Proiect 1. Project: Agent: Owner: Location: Palm Cove (ANEX 05-05) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402- acre project Description: land Use Plan AmendmentlRezoning 2. Project: Agent: Owner: location: Palm Cove (LUAR 05-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial, Local Retail Commercial (City) and Medium Residential-5 and Commercial HighjS (County) to Special High Density Residential; and Description: Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Dick Hudson, Sr. Planner, reviewed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the following reasons: · The requested annexation is consistent with the City's annexation policy. · The property is contiguous to properties lying within the City of Boynton Beach and forms a reasonably compact addition to the City boundaries. · The future land use amendment is consistent with the policies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16.1 defining Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities. · The proposed redevelopment plan is consistent with the VISIon and recommendations of the Federal Highway Corridor Community Redevelopment Plan. 7 Meeting Minutes Community Redevelopment Agency f3~'lnt~I!__f3~acl1~Flori~~-- ___ - ------ ----- December 13, 2005 --"--~_..~.._-~-~----_. . The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Abandonment Description: Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park;" thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. 3. Project: Agent: Owner: Location: New Site Plan Description: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. 4. Project: Agent: Owner: Location: Eric Johnson, Planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 du/acre. Town homes are permitted uses in the proposed zoning district. Staff reviewed the project for concurrency and found the infrastructure and services are or will be in place prior to the issuance of a building permit. The main point of ingress and egress is along Federal Highway. Along Dixie Highway there is a point of egress only and it will be gated. The project requires 252 parking spaces and it provides 278 parking spaces. The west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff determined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval is worded to say that if Palm Beach County determined improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff is waiting for a written response from Palm 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Beach County. All public agencies reviewed the abandonment request with no comment except that Florida Power & Light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the improvements were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan. Chair Heavilin asked the applicant whether the developer would agree to all the conditions of approval. Kim Glas-Castro of Ruden McClosky appeared on behalf of East Coast Communities and indicated they agreed with all the conditions of approval. Mr. Myott asked staff if there were a plan for winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-of-way was a requirement of the City/s Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myott wanted to know if the sidewalk plan was tied to any other plan such as a master plan or a greenways plan. Mr. Hudson said the current pavement was far to the west side of the right-of-way and at some point, he believed the applicant wanted to relocate this closer to the center and widen it. It seemed to Mr. Myott that an opportunity was there for special landscaping, greenways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPoint presentation of the site plan. Mr. Myott complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Palm Cove (ANEX 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) 9 Meeting Minutes Community Redevelopment Agency ,B~ynt(}Ei_~~ach, Florida ___p__~_~ecember 13, 2005 Moti.QI! Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Location: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Owner: Description: Land Use Plan Amendment/Rezoning Location: Gulfstream Gardens Phase II (lUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and 2. Project: Agent: Owner: Description: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 ~\lY 0 ". · r^'>'~^", ;' ,'\ \ \ ~ """ J-" i (; I"~ "-',-" /,-' <I' ~ r ""w",'-'.< "/' ON ~, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM F. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 o December 20, 2005 C8J January 3,2006 o January] 7, 2006 November 14,2005 (Noon,) 0 December 5, 2005 (Noon) 0 December ]9, 2005 (Noon) 0 January 3, 2006 (Noon) 0 February 7,2006 January 17,2006 (Noon) February 21, 2006 February 6,2006 (Noon) ;,:;',' , - c::: March 7, 2006 February 21, 2006 (Noon~ ~ March 2], 2006 NATURE OF AGENDA ITEM o Administrative o Consent Agenda C8J Public Hearing o Bids o Announcement o City Manager's Report o o C8J o o March 6,2006 (Noon) ::.: r;,;> ",) Oi --.- --.' Development Plans New Business Legal Unfinished Business Presentation '-.~ '::,:_;"">L. "';-jG:J: fj!;: j,,~ RECOMMENDA nON, Plea" place till, "qu"'l on the January 3, 2006 c;ty CO_",;on Agenda unde, Pnbhc Hearing and Legal, OnIinance - F;"I Reading. The Commun;ty Redevelopmenl Agency Bo.,d '<commended thaI Ih;, 'eque" be approved on Decembe, 13, 2005. Fo, furthe"lela;~ pertaining 10 the "que'l, 'ee attached Departmenl Memorandum No. PZ 05-223. EXPLANATION: PROJECT: AGENT: OWNER: LOCA TlON: Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest comer of Lot 6 of "Killian's Park"; thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Developme~~ ~~e z(/~ \-~i<' Plaun;ng and 20 n Drreclo, . Attorney / Finance / Human R"oulce, S'\PI~"i"gISIIARED\WP\PROJEC1S\P"m cO', (,1m Miltcr Rd Proj~OIABAN 05.008IAgrnd, n"", R","~, P"m Cm, ABAN 05.008 '.3.0'"" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT 5 m' A PORTION OF A SEMI-IMPROVED 30 FOOT 6 RIGHT-OF-WAY, LOCATED ON THE EAST SIDE OF 7 OLD DIXIE HIGHWAY APPROXIMATELY 1,250 8 ~'EET SOUTH OF THE INTERSEC'TION OLD DIXIE 9 HIGHWAY AND ~'EDERAL HIGHWAY AS SHOWN 10 ON THE PLAT OF "KlLUAN'S PARK" (ABAN 05-008), 11 SUBJECT TO STAFF' COMMENTS; AUTHORIZING 12 THE crfY MANAGER TO EXECUTE A DISCLAIMER, 13 WHICH SHALL BE RECORDED WITH THIS 14 ORDINANCE IN THE PUBLIC RECORDS OF PALM 15 BEACH COUNTY, FI,ORIDA; AND PROVIDING AN 16 EFFECTIVE DATE. 17 18 19 WHEREAS, Kim Glas-Castro of Ruden McClosky, is requesting thc abandonment of a 20 portion ofa semi-improved 30-foot right-of-way, located on the east side of Old Dixie Highway. 21 The subjcct right-of-way, named Miller Road, is located approximately 1,250 feet south of the 22 intersection of Old Dixie Highway and Federal Highway as recorded in Plat Book 23, Page 195 23 of the public records of Palm Beach County, Florida, subject to staff comments; and 24 25 WHEREAS, comments have been solicited from the appropriate City Departments, and 26 public hearings have been held before the City's Community Redevelopment Agency, and the 27 City Commission on the proposed abandonment; and 28 29 WHEREAS, staff has determined that the subject right-of-way would no longer serve a 30 public purpose and with the establishment of an easement, the limited use of the alley for utility 31 purposes would be preserved. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 35 36 Section I. The foregoing Whereas clauses are true and correct and incOlporated 37 herein by this reference. 38 39 Section 2. The City Commission 01 the City of Boynlon Beach, Florida, docs hercb 40 abandon a portion of a semi-improved 30-foot right-of-way, located on the east side of Old 41 Dixie Highway. The subject right -of-way, named Miller Road, is located approximately 1 ,250 42 feet south of the intersection of Old Dixie Highway and Federal Highway as recorded in Plat 43 Book 23, Page 195 of the public records of Palm Beach Coonty, Florida, subject to staf 44 commenls, and more particularly described in the attached Exhibit "B" A location map is 45 attached hereto as Exhibit "A." S ".\CA \Ordinances\Abandonments\palm Cove .doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer aud cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shal1 take effect immediately upon passage. FIRST READING this day of , 2006. 2006. SECOND, FINAL READING AND PASSAGE THIS day of - CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\OrdinanceSlAbandOnmenls\Palm Cove,doc . . . , I l r- >- I f / ! I .. L1," ~-~~_--~I ~ ----- g C~:I~~~:]:= ;__~=-~.-----uNtec--- i ;- g I ~A~-~ t-.-.--..-----...- ... ~-- ~ ____~----- __ __1_ ---- -- - ~ - ... u__ - .-- -,------'- --..---- ----- LOCATION MAP Palm Cove (Miller Rd) Abandonment !I - , I -/1-7 . ) 'in I i )/ A / 1,1' I // ,^' "" '",~.H_."-.._-"- I r -/ /"",' /.r-j/ /~\))):/1 -. ! ..l--i/ / ',," ~%:>7L-'-'-"'-T...-m_.--." V 0~ 0----.L-- -- -~r i- / U ~ec . . L--,(\~<~ Right-ot-way /--f- ;~" ~ / L~L- , Exhibit "A" 230 115 l o 230 460 690 N 920 + ] Feet' SKETCH AND DESCRIPnON RIGHT-OF-WAY A PORnON or MIllER ROAD' 'KILl/AN'S PARK' PLA T BOOK ?J, PACE 195, PALM BEACH COUNTY RECORDS EXHIBIT B SCAle r = 80' LOT 15 LEGAL DESCRIP710N: RlGHT~OF- WA Y ABANDONMENT A PORnON OF THE RIGHT-OF-WAY OF MILLER ROAOAS SHOWN ON THE PLAT OF'KILl/AN'S PARK: ACCORDING To THE PLAT THEREOF; ASl!ECOR[)E/) IN PLAT EJOOK2J; PACE 195 OF THE PUBUC RUOROS OF PALM BEACH CQyNTY. nOR/fJA, DESC/fJBED AS FOlLOWS: BECINNING AT THE SOUTHWESTCORIV~R OF LOT 6 OF SAID i<IWAN'S,PARK"; mENCE EAST, ALONG THE NORm RICHT-OF-WAY UNE OF SAID J.lILt.ER ROAD, A DiSTANCEOF' 450.1JO FEET; TljENCE $OUm 08'33'15" WEST.. ALONG THE EASTRICHT-OF-WAYl/NEOF MILLER RO"lD.A DISTANCE OFJO-J4 FEET;' THENCE UFSJ; ALONe THE ,SOUTH RtCHT-()F-WAYLiNE ,OF MMER ROAD, A DISTANCE or 445.49 FEET; THENCE NORTH, A DISTANCE OF JO.IJO FEET. TO THE POINT OF BEGINNING. !:EGEND: P08 POC = PaNT OF BF:GlNNfNG = PCXNr OF cout.lENCalOlT SURVCYOR'S CER7JACA 7E: , ilEtiEB'( CERTiFY iHA T THIs 'SKETCH AM>DEsa?tPTlON" IS 7T?U(: AND CORRECTrQ 1HC BF:Sr OF Aly KNO~ AND BELIEF.. , FlJRTlfER CERTTrr 11<<' THIS ,!;1(OCH AlE.&1S 1HE MI1j/iItJAf ~~TNiDN/J)S AS SCT FORTH 8YlHCflORlDAi1liMO iT ~Al .WlfJ.tYoRs .wJ J/Af>PERS IN C1fAPTER. 61(>17~6; 't~-t.#))GNISJIWM CODE PURsuANT TO SEC1lOl>lm-02l ~~~?j-t'{jir:;s. ", :'. SURIlEYOR'S NOTES: " NOT VALlO IHTHOlIT THE: SlCNAlIJRC ANO ORICWAi RAISFD SCAt OF A Fl08f/)A lJCCNsEf) SlJR"f:rm .. MAPPER 2,BEARlNC5 SHOWN HeREON ARE RflATl\IF TO '!<'llfAN.S PN?/(- AS RECORDED IN PUT BOOI< 2.1, PAGE 195, (;IF THE PUBUc RECOfiO$ ,OF PALM a&,CH CO!JNTY FlORIDA, AND ARE REf'T:RRED TO AN ASSUMED BEARINc OF EAST ALONe nJE' NoRTH RIGf1T-OF-WAY UNE OF MILLER ROAD, ..l THIS IS NOT A UN/) SUR"f:r. ABS~lUTE ' SURVEYING INC. LAJo/I) S/JRlOQo/'s ...IS COOLSSY Bl. "'. PfERFJczD BEACH. Fl JJH2 (9S4) 421-4'70 UCENSED 8USWEss No. L862t8 DATE: 9-3-D5"" or: - .~.&~~~ . ;:~. &IlJJJEUIl "&LORY - __ _ _ PH~,9iWAl 5lm~ .. iiU,pPER ~~~<i!S.TjfMlON Nii:_"fS-I&1 " ;~-'~-'P{((}Jt:CTp(J..' /J0759 '8A.?J: fB/pg.." CKlJ 8-- t~(JS AIRM RElfSICN SKETCJf .. DESCR/PTlON b/W LO DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of Ihc State of Florida, does hereby abandon a portion of a semi-improved 30-foot right-of-way, located on tbe east side of Old Dixic Highway. The subject right-of-way, named Miner Road, is located approximately 1,250 feet south of thc intersection of Old Dixic Highway and Federal Highway as recorded in Plat Book 23, Page 195 of the public records of Palm Bcach County, Florida, subject to staff comments, and more particularly described in the attached Exhibit "B". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this - day of January, 2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager ST A TE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk rcspectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this - day of January, 2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:ICAIOrdinanceslAbandonmentslPalm Cove,doc Project name: Palm Cove (Miller Road) Abandonment File number: ABAN 05-008} EXHIBIT "D" Conditions of Approval DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Approval of this abandonment request is subject to the approval of the X accompanying request for annexation (ANEX 05-005), land Use amendment / rezonintl (LUAR 05-014), and site vlan (NWsP 05-031). 2. The plat contains a reverter clause, which states "reserving however, unto X themselves, their heirs, assigns or legal representatives, the reversion or reversions of same, whenever abandoned by, the pubic, or discontinued by DEP ARTMENTS INCLUDE REJECT law" . The adjacent property owners have been informed of the existence of the reversIOnary Issue. Redevelopment or expansIOn of the adjacent properties following abandonment would require the property owners to establish proof of clear title as a condition of redevelopment or expansion. 3. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X which meets Engineering and Public Work standards. However, if Palm Beach County determines that improvements are not required, then no modification will be needed to the current configuration of Miller Road as depicted on the accompanying site plan (NWSP 05-031). PUBLIC UTILITY PROVIDERS Comments: 4. Florida power & Light: FP&L has no objection to the above referenced X abandonment as long as currently there are no existing FP&L distribution facilities within the requested area. A boundary survey will need to be provided to FP&L to determine the exact pole locations. Should FP &L facilities exist in the portion of Miller Road requesting to be vacated, there are two (2) options: An easement must be granted to cover the existing FP&L facilities prior to the right-of-way abandonment; or The customer pays all costs associated with the removal and / or relocation of existing FP&L facilities. It will be the customer's responsibility to provide the necessary easement to cover any relocated facilities. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. Conditions of Approval 2 S:\Planning\SI-lARED\WP\PROJECTS\Palm Cove (aka Miner Rd Project)\ABAN 05_008\COA.doc SKETCH AND DESCRIPnON RIGHT-OF-WAY A PORTION or MILLER ROAD' -KILlIAN's PARk" PLA T BOOK 2J, PACE 795, PAlM BEACH COUNTY RECORDS EXHIBIT B SCALE: ," = 80' POB SlY CORNER LOT 6 LOT 75 LEGAL DESCRIP710N: RIGHT~OF-WAY ABANlJONMENT A PORHON or THE RIGHT-OF_WAY or MILLER ROAD_AS SHOWN ON THE PLAT OF-KILLlAN's PA8/<: ,,~ TO /HE f!UtT "tOlE"" .'."'_ IN PUT """"24 PACE UJs<>r /HE PUBUC RE:GORDS or PALM BEACHCQ/!/lTY; FLORIDA OC$cf?i8EtJ ASFbLLows: 88iwNWq A'/HE soq",,,,,,,.,,,,,,Np< <T LOT 6 ~ SAiJ)~s PARK, lHlNCE:"'." A'"", THE -lH _HT~""y UN, or s.... Ii#lUR ""'u. A liISTANCcoF <50... "'r, ",,*, SWlH ",,"",s. ""Sf. .""",, TH, '.'T RK>iT"'T....n"'OF Antic}< ",,'u D!S;_ CT >0.31 'FEu, -, 'tor. AJ.""" THE sWTH RK>iT~"''Ar.UNt 'T "'LCR """0. · - OF "". rErr, .Ji1ECNCL "Oo", ;")"'NICE: 'T "".,,,,,,, to /HE Pan" or BEGlNNIN~ LEGEND: P08 POC = PCHiI OF BFGlNNfNC = POINT OF cauUE'NCo.tl:NT SURlID'OR'S CE1r7JFJCA~ I ifEREar CER11FYiJiA T THIS "SlCUtJH MO'JDESCRIPl1ON- IS 7RIIf: AND CtJRREcTT() .11fC BESTir "YKNO'ltEfX;c AN() emu:. , FlJHTHERCERllFr '?fA, r,~ '~,' ,,'CH t.igJs,,' iM!J!fliJf!i!t!# '~~~'AiiQs ASSET R!N1H8""" Fl:ORIDAuVNQJ OF ~:!!..;:~ AND ~SII1 C1fAI>lE1i. 61f';J7~6.: Fl~AlJJ.i~~ ~ PUl&ANT TO SCc1kW J72'-02l 'J:~;f'<~I-t@7f? _ _ _ __ - ~ --. SURVEYOR's NOTE~' 7, NOT VALIlJ lH1HOOT THE SlCNAl/JRE AND ORICINAl IWsW SEAL If " FLO(iff)A UCl:N!iio SlIR~rOfi .t ~ 'l;BF:ARlNGS SHOHN HEREON ARE RElATlVETO '7<1LUAN's P.WK- AS 8ECORi)row mT 800K 2~ PAGE 195, OF 1}fE PI18Uc 8EC{)f:i[)s (F PALM BEACIf C(){jNTYFlORIOA. AND ARE RE:fE:RREbroAN ASsUMED 8E:ARINC or EAST AlONG mE' Nof?1}f RtGHT-OF-WA'YUlyE: OF A/ILLER ROAD, .llHl$ IS tlCT A LAND 5l!8lO: ABS~lUTE ' SURVEYING INC. LIWI> SlJRlOtl<?s 215 J;OoLSli'Y Bll1'1. DlIRFiaD 8€AC1/. FI. .JJH2 (~,,) 12'-"'70 UCENsm BUSINEss No. W62t8 DAlf:: S"3-o,) - ~ . - - ~ ..... .- BY., ff~~Jt:~ _ ;:--~.l1Irwtu/l. 1,f~a?Y .: _ _ PnfF'5.S1i:NAl 5l}f;>~ .. iW?PfR ~::!!f:~lJ!MTON ND:,"'!S<I85' ,'_ ;~--~':P{tfNE.CT___No.:' IJ0759 '1)~lE: flJ/P9-_" , CKD If--'-05 A1RM 1>ItN (J) R~SION __~TCH .. DESCRtPllCw DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-223 TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AlCP Planner ({:I-~. '-j DATE: December 7, 2005 SUBJECT: Abandonment of a portion of a 30-foot right-of-way (Miller Road) ABAN 05-008 NATURE OF REQUEST Ms. Kim Glas-Castro of Ruden McClosky is requesting to abandon a portion of a semi-improved 30-foot right-of-way, 10Ulted on the east side of Old Dixie Highway. The subject right-of-way, named Miller Road, is located approximately 1,250 feet south of the intersection Old Dixie Highway and Federal Highway. The abandonment request was submitted on September 21, 2005. The portion of the piatted rig ht -of -way to be abandoned is 30 feet in width and approximately 450 in length. It is described as follows: A portion of the right-of-way of Miller Road as shown on the Piat of "Killian's Park", according to the Plat thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida, described as follows: Beginning at the southwest corner of Lot 6 of said "Killian's Park"; thence east, along the north right-of-way line of said Miller Road, a distance of 450.00 feet; thence south 08033'15" west, along the east right-of-way line of Miller Road, a distance of 30.34 feet; thence west, along the south right-of-way line of Miller Road, a distance of 445.49 feet; thence north, a distance of 30.00 feet, to the point of beginning. The following is a description of the land uses and zoning districts of all properties that surround the subject right. of-way. North - Developed single-family homes, classified County Medium Residential (County RM-5) and zoned County Multi-family Residential (County RM); Partially developed residential property, classified County Medium Residential (County RM-5) and zoned County Residential Multi-family (County RM) Undeveloped property, classified County Commercial High (County CH-5) and zoned County General Commercial (CG); and Right-of-way for Old Dixie Highway, then further west is right-of-way for the Florida East Coast (FEe) Railroad. South - East West - Page 2 Memorandum No, Pl 05-223 ABAN 05-008 Although not indicated on the sketch, the applicant has informed staff that the substandard roadway is 13,432 square feet or 0.308 acres in area. Exhibit A - "location Map" shows the general vicinity of the roadway to be abandoned. Approximately 260 feet of Miller Road immediately east of Old Dixie Highway would remain intact to serve the three (3) parcels remaining on the north side of the street which are not part of the Proposed 121 townhouse development called Palm Cove. The remaining section of Miller Road, approximately 450 feet in length and running east, would be totally within the proposed Palm Cove project Exhibit "B"- "Proposed Abandonment" shows the exact location and dimensions of the subject site in conjunction with ils legal description. The subject right-of-way lies within the boundaries of the Killian's Park plat The plat, originally approved on December 6, 1951 (see Exhibit "e"), included 29 indlviduallols. The intent of this abandonment request is to integrate the abandoned POrtion of the right -of -way into the design of the accOmpanying site plan (NWSP 05-031). Therefore, approval of this abandonment request is subject to the approval of the accompanYing request for annexation (ANE)( 05-005), land use amendment / rezoning (WAR 05-014), and aforementioned site plan (see Exhibit "0" _ Conditions of Approval). BACKGROUND The Killian's Park plat also contains a reverter clause, which states "reServing however, unto themselves, their heirs, assigns or legal representatives, the reversion or reversions of same, whenever abandoned by, the pubic, or discontinued by law". The City makes no representation regarding the impact of the reverSionary language on title to the adjacent properties. The adjacent property owners have been informed of the existence of the reversionary issue. Redevelopment or expansion of the adjacent properties fOllowing abandonment would require the property owners to esta blish Proof of clear title as a condition of redevelopment or expansion (see Exhibit "0" _ Conditions of Jroval). When a right-of-way, such as this substandard roadway, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). TYPically, two (2) properties would be affected by an abandonment request Normally, one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. In this case, the right-of-way would be located totally within the Proposed Palm Cove townhouse project. Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article JII, Section 4 of the land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. ANAL YSIS A Summary of the responses from the utility companies and city staff is noted as fOllows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works / Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and light Bel/South Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) Approval with conditions (see Exhibit "0" - Conditions of Approval). No objection No objection No objection N/A Page 3 Memorandum No, PZ 05-223 ABAN 05-008 Excluding Florida power and Light (FP&L), all public utility providers have indicated that they have no objection to the applicant's request for abandonment. A dedication of a utility easement would provide the necessary protection FP&L is seeking and grant the City and other utility agencies, legal access to the property for maintenance or upgrade purposes. It should be noted that Miller Road is a County road and Palm Beach County was notified of the proposed annexation of property abutting their right-of-way. The Palm Beach County Planning Division and Engineering Division are requesting the City consider an adequate (vehicular) turn-around area at the end of Miller Road for the benefit of the remaining homes located on Miller Road, outside the boundaries of the subject project (see Exhibit "C" - Conditions of Approval). RECOMMENDATION Staff has determined that the portion of the subject right-of-way to be abandoned does not serve a public purpose, and therefore is recommending approval of the request to abandon a portion of the 30-foot unimproved roadway as described above, subject to the comments included in Exhibit "D" - Conditions of APproval. Any additional conditions recommended by the Community Redevelopment Agency Board meeting or City Commission will be placed in Exhibit "D" - Conditions of Approval accordingly. S:\Planning\SHARED\WP\PROJECTS\palm Cove (aka Miller Rd project)\ABAN 05-008\Staff Report.doc JI- ~~_ I ~; ~ C\i; ; IJ.JI--/ Cf,) I I / -~ I lOCATION MAP Palm Cove (Miller Rd) Abandonment Exhibit "A" .-.....-----..---- . Subject Right-ot-way ~~-J / I . . . I I >- ~ J:' I.JJ >< - c C -.J o ~ City Boundary t-..-...- .-, . % I ~ ! " ~ ~. ~ - 230 115 0 E 230 460 690 N 920 + ~ Feet EXHIBIT B SKETCH AND DESCRIPTION RIGHT-OF-WAY A PORTION OF 'MILLER ROAD' "KILLIAN'S PARK" PLA T BOOK 2J. PAGE 195, PALM B!:ACH COUNTY R!:CORDS SCALE: 7" = 80' P08 Sa' CORIIER LOT 6 LOT 15 LEGAL DESCRIP710N: RICHT~OF-WAY ABANDONMENT A PORTION OF THE RIGHT-OF-WAY OF MILLER ROAD AS SHOWN oN THE PLAT OF "KILLIAN'S PARK", ACCORDING TO THE PLA r THEREOF: AS RECORDED IN PLAT BOOK 23. PAGE 195 OF THE PUBLIC RECORDS OF PALM BEACH CQ(.jNTY. nORIDI<, DEScRIBED AS FOLLOWS: BEGINNING A T THE SOUTHWEST CORNER OF LOT 5 OF SAID "KIWAN'S PARK"; THENCE EAST. ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID MILLER ROAD. A DiSTANCE OF 450.00 FEET: TH!:NC!: SOUTH 08'J3'15" WEST., ALONG THE fAST RIGHT-OF-WAY LINE or MILLER ROAD, A DISTANCE OF 30.34 FEET; THENCE ~sr: ALONG THE sovTH RIGHT-if-WAY UNEOF MILLER ROAD. A DISTANC!: OF 445.49 F!:ET; THENCE NORTH, A DISTANCE OF .30,00 FEET. TO THE: POINT OF BE:GINNING. bEGEND: p08 = ~NT OF BEGINNING pOC = paNT OF COIIMENCf/./DIT SURVEYOR'S CERTlF1CA7E: I HEREBY CERTIFY mAT 1HJS "SKETCH AI1D DESCRIPTION' IS TJ?U[ AND CORRECT TO nIL BEST OF Io1YKNOMfDCE ANO 8WU. I, FURTH[R CERTIfY m...' 7HIS !iKE1CH MEETS 1HC MINIMUf,(~~TNJfJARPS AS SET FORTH BY THE FHJRIOA BOARO OF ~'AI "liRIo(\'ORS AI1D /oIN'PERS/N ClfJlP1fR 61(;17-6, a~1.lJJ)IINI.SJIW/JIF. C()/JE puRSUANT TO stC710N -472'-027. f!~~~J-r@n:s, . -, : ? SURVEYOR'S NOTES; 7, /lOT VALID 't'AmOUT THE SIGNA TlJRE AI'ID ORIGINAL RAIS[D SEAL OF A FLORIIJA UCENSfO SURllf:ruR k /IIAPPfR. '], BEARINGS SHO'MJ HEREON ARE R[V. T/VE TO "K/WAN'" PARK- ASRECORDfD IN fUT 800K 2J, PAGE 195, OF THE puBLiC RCcaRDS OF PALlA BEACH COUNTY FLORIOA, AND lIRE REFERRED TO AN ASSUMED BCARlNG OF EAST ALONG n IE: NoRTH RlGfiT-OF-WAY UNE OF MILLER ROAD, J, THIS IS NOT A LA/lD SURlIfr. ABSSLUTE SURVEYING INC. LAI'IO SURIflOOS 215 G()()/.S8Y 8L WI, [)ff1?FJELD GEACH, FL JJ"'Z (95+) +21-+170 uCO/SCO BUSINESS No. l8621 B e~~-pS'" OAlL BY: ~. . -'" . . ,W'(.$.:AJ/ tl:~ :;/ J:lrcptuR, /llMIORY' .- PR'ifl'5sI'WAL SUflvD'Of? & j;(APPER ~!9~-flf:I;lS1JfAi/Of'l lio: -LS#351 ~,-~'?f?{;}JEGT_No.: .00759 'OATJ f8/f'g. CKO 8--1-05 ___ ~ REVISION SKETCH .t DESCRIPTION O'ft101 to , ORA'M~N~f;ef:n --1 r' e " ,-",1 I _~,~~ t _,c;), ~/ / Ii' /[e, I fro [D j,~;~!tl ~ !~:r r j I':', '~~' ,.,~ ~I ri-, ~,~ . 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J> _ fT] I --i o <" Tj r'i )> 'T'I 0 (f) z::.o '-j -1-<: < I , --, =;:::t I ="- :1J ,,~ II f'l ,,'" ".J - GJ ;~ ,,'-' --r-- ( ) . , :,) , .., n~ , ~ 2-)%~'" -------;--:----__ _ ____:_ /!" ~l'i: t" -. _~ / /~~ Ir u: 1/; 0' .,. , "":-c ~ r. (f) ( CD \-1 ~k!1 "'~ ~ "-',,^--. r r ---. )> Z (J) i2 ;0 X u DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Cove (Miller Road) Abandonment APPLICANT'S AGENT: Kim Glas-Castro of Ruden McClosky APPLICANT'S ADDRESS: 222 Lakeview Avenue #800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 3, 2006 TYPE OF RELIEF SOUGHT: Request to abandon approximately 450 feet of the Miller Road right-of-way (Killian's Park plat). LOCATION OF PROPERTY: On the east side of Old Dixie Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follOWS: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 . APplication for the relief sought was made by the APplicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the APplicant, administrative staff, or Suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The APplicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the termS and conditions of this order. 7 . Other ~ DATED: City Clerk S:\Planning\SHARED\WP\PROJECTs\palm Cove (aka Miller Rd Project)\ABAN 05-008\DO.doc Meeting Minutes Community Redevelopment Agency ~oynton Beach, Florida Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the rOOm. He proceeded to SWear in al/ persons who planned to speak during the Public Hearing POrtion of the meeting. December 13, 2005 Annexation A. Annexation - Miller Road Project 1. Project: Agent: Owner: location: Palm Cove (ANEX 05-05) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre Portion of a 7.402- acre project Description: land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: location: Pa'm Cove (lUAR 05-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future land Use Map from General Commercial, local Retail Commercial (City) and Medium Residential-5 and Commercial High/5 (County) to Special High Density Residential; and Description: Dick Hudson, Sr. Planner, reVieWed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the fol/owing reasons: Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development · The requested annexation is consistent with the City's annexation policy. · The property is contiguOus to prOperties lying Within the City of Boynton Beach and forms a reasonably compact addition to the City boundaries. · The future 'and use amendment is consistent with the POlicies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16.1 defining Special High Density Residential land use relative to redevelopment planning, urban densities and hOUSing opportunities. · The proPOsed redevelopment plan is consistent with the VISIon and recommendations of the Federal Highway COrridor Community Redevelopment Plan. 7 Meeting Minutes community Redevelopment Agency Boynton Beach, Florida _ _~ecembe! 13, 2005__ _-- __ ___. _- n__ - __ - __ _____n_______- -- - ----- -- - --- .-- --- -- --- - -- ------ . ,he requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. ~andonm~ Description: palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park;" thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. 3. Project: Agent: Owner: Location: New Site Plan Description: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the planned Unit Development (PUD) zoning district. 4. Project: Agent: owner: Location: Eric Johnson, planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 du/acre. Town homes are permitted uses in the proposed zoning district. 5taff reviewed the project for concurrency and found the infrastructure and services are or will be in place prior to the issuance of a building permit. The main point of ingress and egress is along Federal Highway. Along Dixie Highway there is a point of egress only and it will be gated. The project requires 252 parking spaces and it provides 278 parking spaces. ,he west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff deterrnined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval is worded to say that if Palm Beach County determined improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff is waiting for a written response from Palm 8 Meeting Minutes Community Redeve'opment Agency Boynton Beach, F'orida December 13, 2005 Beach County. AI/ public agencies reviewed the abandonment request with no comment except that Florida Power & light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the improvements Were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan. Chair Heavilin asked the applicant whether the developer would agree to all the conditions of approval. Kim Glas-Castro of Ruden MCClosky appeared on behalf of East Coast Communities and indicated they agreed with all the conditions of approval. Mr. Myatt asked staff if there were a plan for Winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-of-way was a requirement of the City's Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myatt wanted to know if the sidewalk plan was tied to any other plan Such as a master plan or a greenways plan. Mr. Hudson said the current pavement Was far to the west side of the right-of-way and at some pain" he belieVed the applicant Wanted to relocate this closer to the center and widen it. It seemed to Mr. Myatt that an opportunity was there for special landscaping, green ways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPoint presentation of the site plan. Mr. Myatt complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Palm Cove (ANE)( 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair nllman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Palm Cove (WAR 05-019). Mr. Myatt seconded the motion that passed 5-0 (Vice Chair ntlman was out of the room.) 9 Meeting Minutes community Redevelopment Agency Boyntoll \leach!. F",rida _ _ __ __- _ _ ___ _ _ _ .. _ _ _ - - -- - - -- -- - - - - [)e~rnbe..n, .2003-- M9.llim Mr. Baretta moved approval of the Rezoning as requested for palm Cove (WAR 05-019). Mr. Myatt seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myatt seconded the motion that passed 5-0 (Vice Chair Tillman waS out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myatt seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II ~ ~ Description: Gulfstream Gardens phase 11 (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P .B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project Annexation 1. Project: Agent: Owner: Location: Land Use Plan Amendment/Rezoning Description: Gulfstream Gardens Phase 11 (lUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P .B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General commercial (GC), Local Retail Commercial (LRC) and commercial High Intensity (CH) (palm Beach County) to special High Density Residential (SHDR); and Request to rezone from C-3 Community commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 2. Project: Agent: Owner: Location: 10 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM F. , 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 December 6. 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5,2005 (Noon) D February 21, 2006 February 6, 2006 (Noon)~ ',~J r"'-. ~ January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21,2006 (Noony) D D ~~ January 17, 2006 January 3, 2006 (Noon) March 2J, 2006 March 6,2006 (Noon) ,~:':'~l , , - r'-J .- CG D Administrative D Development Plans ,'.) -,--- C;~i -;:-..- D D C,'\ ;:"'IC=; NA TURE OF Consent Agenda New Business ---'-- AGENDA ITEM ~ Public Hearing D Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Public Hearing, to follow the corresponding items for abandonment, annexation and land use amendment and rezoning. The Community Redevelopment Agency Board, recommended that the subject request be approved on December 13, 2005, subject to all staff comments. For further details pertaining to the request, see attached Department Memorandum No. PZ 05- 233. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A .~ Developm~'epartment Directorf ~ CI Manager's Signature Planning and Z ng Director City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJ CTS\Palm Cove {aka Miller Rd Project)\NWSP 05-031IAgenda Item Request Palm Cove NWSP 05-031 1-3-06.dot S:\BULLETINIFORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-233 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission DATE: Michael Rumpf Planning and Zoning Director Eric Lee Johnson, AICP ~ Planner U December 7, 2005 THRU: FROM: PROJECT NAME/NO: Palm Cove I NWSP 05-031 REQUEST: New Site Plan PROJECT DESCRIPTION Property Owner: Multiple owners (see file) Applicant: East Coast Communities, Incorporated Agent: Kim Glas-Castro I Ruden McClosky Location: On the east side of Old Dixie Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway (Location Map - Exhibit "A'j Existing Land Use: County MR-5 and County CH/5 Existing Zoning: County Multi-family Residential (RM) and County Commercial General (CG) Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Planned Unit Development (PUD) Proposed Use: 121 fee-simple townhouse units Acreage: -.17.402 acres Adjacent Uses: North: Northwest are developed single-family lots located in unincorporated Palm Beach County with a Medium Residential (County MR-5) land use classification and zoned Multi-family Residential (County RM). Northeast Staff Report - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 2 is property earmarked for townhouses (Oceanside), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); South: Southwest is partially developed property with a General Commercial (GC) land use classification and zoned General Commercial (C-4). Southeast is earmarked for townhouses (Bayfront), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); East: Right-of-way for Federal Highway, then farther east is property earmarked for townhouses (Waterside), with a Special High Density Residential (SHDR) land use classification and zoned Infill Planned Unit Development (IPUD); and West: Right-of-way for Old Dixie Highway, then farther west is right-of-way for the Florida East Coast (FEC) railroad. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan 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. Site Characteristic: The subject property is comprised of several irregular-shaped parcels under multiple ownership totaling 7.402 acres. The property lies within an enclave of unincorporated Palm Beach County, adjacent to Study Area V of the Federal Highway Corridor Redevelopment Plan. The survey shows the location of Miller Road and several easements that traverse the site. The traffic study indicates the existing land uses consist of four (4) single-family homes and 1,400 square feet of commercial space. No ground elevations were shown on the survey. BACKGROUND Proposal: Kim Glas-Castro with Ruden McClosky, agent for the applicant, is proposing a new site plan for 121 fee-Simple townhouse units. As previously mentioned, the subject parcel is located in an enclave of unincorporated Palm Beach County. The developer is simultaneously requesting to annex the property into the city (ANEX 05-005) and rezone to Planned Unit Development (PUD). If successfully annexed, the property would be located within Study Area V of the Federal Highway Corridor Redevelopment Plan and would be eligible for the Special High Density Residential (SHDR) land use classification, which allows up to 20 dwelling units per acre. Therefore, approval of this project is contingent upon the approval of the corresponding requests for annexation and land use change / rezoning (LUAR 05- 005). Fee-simple townhouses are permitted uses in the PUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would allow for 148 dwelling units. However, the project proposes a total of 121 dwelling units, which equals a density of 16.34 dwelling units per Staff Report - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 3 Concurrency: Traffic: Utilities: acre. Approval of the project is also contingent upon the successful abandonment (ABAN 05-008) of a portion of Miller Road (see Exhibit "c" - Conditions of Approval). It should be noted that Miller Road is a County road and Palm Beach County was notified of the proposed annexation of property abutting their right-of- way. The Palm Beach County Planning Division and Engineering Division are requesting the City consider an adequate (vehicular) turn-around area at the end of Miller Road for the benefit of the remaining homes located on Miller Road, outside the boundaries of the subject project (see Exhibit "c" - Conditions of Approval). The entire project would be built in one (1) phase. ANALYSIS A traffic study was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county and therefore exempt from concurrency analysis. However, the Division still had some remaining comments on the study (regarding trip generation rates and build-out dates) and would not yet approve the project for concurrency. Therefore, a revised study would be required in order for the Traffic Division to determine that the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City until the Traffic Division approves the traffic study for concurrency purposes (see Exhibit "c" - Conditions of Approval). The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 52,000 gallons per day). Local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 23,500 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). Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and 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 - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 4 School: The School District of Palm Beach County confirms that adequate capacity exists to accommodate the proposed 121 dwelling units. The project is located within Concurrency Service Area (CSA) #19. Driveways: The project proposes one (1) main point of ingress j egress and an alternate point of egress-only to the subject site. The main access point would be located on Federal Highway. The site plan (sheet SP1 of 5) shows that the ingress lane would be 17 feet in width and the egress lane would be 14 feet in width. Both lanes would be separated by a round landscape island. This entrance along Federal Highway would have a vehicular turn-around area (with brick pavers) for those drivers who do not want to enter the site. The exit lane would allow for right-turn (south) traffic movements onto Federal Highway. It would not be a gated entrance. The street system within the development is generally proposed in an east - west direction. Each two (2)-way drive aisle would have ll-foot wide travel lanes, which would conform to current engineering standards. Residents would access their garages via these drive aisles. The sidewalks are proposed separately from the street system. The site plan shows the alternate point of egress is proposed along Old Dixie Highway. This driveway opening would be 16 feet in width and would allow for both right-turn (north) and left-turn (south) traffic movement onto Old Dixie Highway. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 62 two (2)-bedroom units, 59 three (3)-bedroom units and a recreation facility. Therefore, based upon the above referenced number of units and the amenity, the project requires a total of 252 parking spaces. The site plan shows that each unit would have a two (2)-car garage, which would thus equate to providing 242 parking spaces. The first floor plan (sheet A1) shows that each garage would be dimensioned 20 feet in width and 20 feet in depth. The plan also proposes eight (8) off-street parking spaces. According to the Typical Parking Stall Detail, the 90-degree parking stalls would be dimensioned nine (9) feet - six (6) inches in width by 18 feet - six (6) inches in length. The handicap parking spaces would be dimensioned 12 feet in width (with extra 5-feet of striping) and 18 feet - six (6) inches in length. However, the Parking Stall & Aisle Dimension drawing shows that the parking stalls would be one-half (1j2)-foot smaller, contradicting the former drawing. Staff believes that each space would likely conform to the Parking Stall & Aisle Dimension drawing shown on sheet SP5 of 5 because the subject property is located within the Community Redevelopment Agency (eRA) boundaries and smaller dimensions are allowed. Combining the garage spaces, parallel spaces, and 90-degree spaces, the site plan would provide for a total of 278 parking spaces or an excess of 26 parking spaces. Landscaping: The cover sheet tabular data indicates that 2.18 acres or 29.56% of the site would be pervious surface. The tree relocation plan (sheet LS-1) indicates the site contains 52 trees. The species of existing trees are as follows: Strangler Fig, Oak, Sabal palm, Coconut palm, and Pine. However, none of the trees would be preserved in place. Furthermore, the applicant informed staff that many of the trees were damaged due to Hurricane Wilma but that the Cabbage palm trees are still suitable for relocation. Out of the 52 total trees, 41 of them would be Staff Report - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 5 relocated elsewhere on-site. The plant list (sheet LS-4) indicates the landscape plan would provide a total of 207 canopy trees, of which, 77 would be native. This statistic would not be in compliance with the minimum 50% native requirement. Therefore, the plant list would have to be revised to comply with the city's native requirements (see Exhibit "C" - Conditions of Approval). The plant list indicates that 220 of the 352 (62.5%) palm trees would be native. Also, the landscape plan would contain 8,987 shrubs / groundcover plants, of which 5,672 (63%) would be native. In summary, the project would provide for a complimentary mix of canopy and palm trees. The tree species would include the following: Live Oak, Calophyllum, Desert Cassia, Bougainvilla, Travelers palm, Dwarf Green Malayan Coconut palm, Solitaire palm, Senegal Date palm, Medjool Date palm, Royal palm, and Cabbage palm. Staff understands that the lands remaining outside the individual fee-simple area would be under the control of the Homeowner's Association to ensure proper maintenance of the buffer areas. The site plan (sheet OA1 of 1) shows that the western landscape buffer (adjacent to Old Dixie Highway) would be at least seven (7) feet - six (6) inches wide at its narrowest point. The landscape plan shows that this buffer would consist of Tree Ugustrum, Royal palm, Red Tip Cocoplum, and Dwarf Arboricola. The trees would be installed every 20 feet. Also, a six (6) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be installed close to, and running parallel with, the west property line. Each unit would have pedestrian access directly to Old Dixie Highway. All pedestrians would pass through an entry gate, which would be aluminum with decorative columns. The precast caps would have a smooth stucco finish. The site plan (sheet SP1 of 3) shows that the south landscape buffer would be approximately five (5) feet in width at its narrowest point. The landscape plan proposes the following plant material: Live Oak, Dessert Cassia, Calophyllum tree, and a row of hedges. The Calophyllum trees would be installed at a spacing of one (1) per 25 feet. No wall is proposed along the south property line because the townhouse project to the south (Bayfront by Southern Homes, Inc.) will have a six (6) foot high wall along their north property line when the Bayfront project is completed. The site plan (sheet SP1 of 3) shows that the north landscape buffer would be over eight (8) feet in width at its narrowest point. However, a majority of the buffer would be nearly 11 feet wide. The landscape plan proposes the following plant material: Calophyllum tree, clusters of Sabal palm, and a row of hedges. A six (6) foot high wall is proposed along the western half of the north property line. No wall is proposed along the easternmost half of the northern property line because a six (6) foot high wall is built on the townhouse project to the north (Oceanside by Southern Homes, Inc.). The site plan (sheet SP1 of 5) shows that the east landscape buffer adjacent to Federal Highway would be nearly 20 feet in width at its narrowest point. It would contain the following plant material: Tree Ugustrum, Royal palm, and a variety of shrubs and groundcover. Similar to the other buffers, a six (6) foot high wall / Staff Report - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 6 fence combination is proposed along the east property line. Bougainvillea plants would be installed along the street side of the wall / fence. Each unit would have pedestrian access directly to Federal Highway. All pedestrians would pass through a pedestrian-entry gate identical to that proposed along Old Dixie Highway. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the PUD zoning district with a density of 16.34 dwelling units per acre. The maximum density allowed by the Special High Density Residential/and use classification is 20 dwelling units per acre. The 121 dwelling units are proposed within 25 separate buildings on the 7.402-acre site. Each building would contain a varying number of dwelling units, ranging from two (2) units to seven (7) units. The unit plans (sheet A-1 through sheet A-26) show the size and configuration of each unit. The floor plans propose eight (8) model types, ranging from 1,423 square feet to 2,393 square feet of "under roof area". As previously mentioned, the site plan proposes 62 two (2)-bedroom units and 59 three (3)-bedroom units. No individual swimming pools or screened enclosures are proposed (or allowed) and would be noted as such within the Home Owners Association documents. Likewise, the developer does not intend to screen-in the balconies either. The PUD zoning district allows buildings to reach a maximum height of 45 feet. The elevations show the buildings would be two (2) to three (3) stories in height, the tallest of which would be 37 feet - five (5) inches in height measured at the mid-point of the pitched roof. The height to the peak of the decorative cupola is 41 feet - two (2) inches. According to Chapter 2.5, Section 9.B., when rezoning a property, no minimum lot size or minimum yard shall be required; provided however, that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the adjacent zone. The abutting property to the west is right-of-way for Old Dixie Highway. The subject project proposes a building setback that ranges between nine (9) feet- six (6) inches and 10 feet. The property to the north (Oceanside by Southern Homes, Inc.) is zoned Infill Planned Unit Development (IPUD) and the buildings are generally setback 11 feet from its south property line (north property line of subject property). To match, the site plan proposes a building setback of 11 feet from the north property line. The abutting property to the east is right-of-way for South Federal Highway. The east setback of the subject project would be 20 feet - six (6) inches. The abutting property to the south (Bayfront by Southern Homes, Inc.) is zoned IPUD and the buildings are setback 10 feet - six (6) inches from the north property line (south property line of subject property). The site plan proposes a building setback of over 46 feet from the south property line. All proposed building setbacks have been reviewed by staff and meet the intent of the aforementioned code. The main recreation area would be located at the center of the site, centrally located to all buildings. It would include a swimming pool, offices, storage, restrooms, locker rooms, and a game room. Staff understands that the mail box Staff Report - Palm Cove (NWSP 05-031) Memorandum No PZ 05-233 Page 7 kiosks would be placed within the mail room of the clubhouse. The site plan proposes two (2) open space / recreation areas just north of the swimming pool. An east - west drive aisle separates these open spaces from the main recreation area. A large tot-lot is proposed north of the open space / recreation area. The developer intends for the locations of the pool and the tot-lot to provide a separation between residents with children and residents without children. The clubhouse design calculations (sheet A-16) indicate that the recreation building would be over 10,000 square feet in area. The clubhouse elevations (sheet A-17) show the recreation building would be two (2) stories tall and 30 feet - eight (8) Inches in height. The clubhouse elevation (sheet A-17) does not indicate the actual roof height but depicts it as a two (2)-story structure. Design: The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, decorative shutters, key-stone accents, decorative stucco medallions, and S-tile roof. The elevations show that each building would have decorative garage doors and tile inlays. The project proposes multi-colored buildings consisting of the following Porter paints: Color code Paint Name Color Location # 6836-1 Classic Cream light Yellow Main wall # 6820-2 Pampas Sand light Brown Main wall # 6828-3 Italian Saffron Dark Brown Main wall # 6780-3 Rich Clay T erracotta Main wall # 7044-4 Summer Pine Forest Green Awninqs The elevations of the clubhouse (sheet A17) show that it would have the same S- tile roof, stucco finish, and paint colors as that of the townhouse buildings. The photometric plans (sheet PH-1) propose one (1) type of outdoor freestanding lighting fixture. The Pole Detail indicates it would be 18-feet in height and made of fiberglass. Each pole would be painted Hunter Green and have two (2) decorative lamps. The photometric plan demonstrates that lighting levels would be adequate and not "spill" over onto adjacent properties. Similar to the townhouse projects to the north and south, the subject project would have a decorative front entrance feature proposed along Federal Highway. Each opening would have 15 feet of clearance, which would allow for emergency and service vehicles to pass through. Staff endorses how the buildings "engage" the main streets and rates the overall design and site layout above most other projects recently approved by the city. Signage: The Project Sign Detail (sheet SP-6) shows the project signage would occur on the front entry walls. The walls would be five (5) feet in height. The individual letters in the project name would be nine (9) inches tall and the address numbers would be six (6) inches tall. No sign material, font types, or letter colors were indicated on the sign detail. Staff recommends that the sign be externally illuminated with vandal-proof ground up lighting. Also, the address numbers should be located above the letter (see Exhibit "c" - Conditions of Approval). Staff Report - Palm Cove (NW SP 05-031 ) Memorandum No PZ 05-233 Page 8 RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon the successful request for annexation (ANEX 05-005), land use amendment / rezoning (LUAR 05-014), Miller Road abandonment (ABAN 05-008), and subject to satisfying all comments indicated in Exhibit "C"- Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Palm Cove (aka Miller Rd Project)\NWSP 05-031 \Staff Report.doc LOCATION MAP Palm Cove (Miller Rd) Exhibit "A" ~ :r UJ 8 o o -' o 2 . 220 110 I o 220 440 660 N 880 +, I Feet <::> ~s 'i!0l "lc. ." ",'lc. <::} =2.Ql 'f~g: ~~.. 0>"'''' ~ ~_o.atJ:J Q~o:Jg ~~g~ t::?t~:::t:J ~~~~ S?~[;?~ 8~~~ ~::tt ~'., .'< .'t. . 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"" 'J]. kJ, 'Y;.. ~: ,,/ - ~~~ - :i:~ ~.~ J: ~ ~ .-<-- ~ /' 1\/ rk . ~.~- " ;~ /' : . rf ~r;" ~ -' ~ '/ J ~CJf1'1 Us 0 "lr f' " ~- f-..~ . ~ 'f~"~f1;Qif ) 1 . 4/G>VI-v~)- r~tC~vK~~;f6;r:tr x ~ 1\10 l!~ ; ~~-/.~r>f. \ ~ . / ~"'--r':>;. ~~:v (S/~/E ~ RO~D f --- 1\10 5 . ~ Cl ~ ~ ~ Palm Cove Townhones ~~~ '" rd c m Ze 0 ~ 0....; ~~ "'> ~ S . -- r:/J ~ Boynton Beach, Florida i~! I " N ; ~ rh! landscape Plan '" 0 z EXHIBIT B T'T iJj I CJ ,1--/ ~r ~Q~ "~ ~> ~l! . Boynton Beach, Florida Landscape Plan ~~ ~~ C1 m %~- "1 ~......i hi.- m Z rd VJ I V.l ~ Palm Cove Townhones ~ ~::} :'~ :~ ;!~~. It .~I f ,~::,-,~ ~i J T.' fTl Cd, 'J' :to EXHIBIT B - -"--'---..---..--- ------..-. ----- :1 i i II i I ~i'--!-' :1 LD II [Q] I, 1'~~1 I~,~r J~>>> ~ c .> n . . o , . g .... f' ,,~ -.--.--------~'--'---..---.-____...J c[" .._~---~- -__J r; "i i.,:t ~ , 1 0 I Jt:> E I' 9 ~Q ~ ~ -- ~ ~ O.loCl.....l'1i'lI. ....... 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'"I ,~'~U .' ~ [DII~0UF'; n I Ir l - L"=-, J- if'==c ~ ~~il~~~~l~ 1 'II !-,~~'~ f", ',,- -- ~~I : - ~~rH __1" JJ~=~r~u~Jj ___ _ ] I -'--1-- ~~-----'jl I ~~Lr'~ ~~ ' ;T / --=---.' ~\ ~ r ';~ 1>1 I l I' 'J r r JlcTIt,tr,c: ],I;i ~, l__ u~j[TIiIIIIJlcD~.~L~- ~.'.~: '11;--- -q--- u___~: ,> .......,,1 ti ' r l~r-7'~F~- ~~~ -III J Ill/ /: /: ",,\,',~Hr I /~ t )( j /~ '~~ ~~ I I ~ / ~-=----~~:-:::=----==:::=--:--==-===~C~_____~'::=':~7:;:- -- - - ~~~- L-.-I:.3-1:~~ '-,,: !: ~~ c-I~<:L"-",",,,-R. ""-L C;H......~. Oi"-~""""~""'" <>"..~ 22crbJl FRIESE DESIGN GROUP. INC. ",~"""~E><""IC>3""lOO-'':.u T~ --=>Pl'''' OF (?c>re """"'" H ,...",IN: MlC"".Cl, 1"0 m_c>oJ<;t!C<~ ...~lIut .., ..".d.. ....It~.. ~ ...mLlI......... ,,,',..~~ OR ",","'''11O>'!> co ,,~~""<$ ..,""-"', UOlnf" _"""'...~ ey ,.~"'H"'_ "'LL 'Cl"''''I6'''~ 3506 S, Federal Highway ..- ......"", IP* J,n.. ~"..-_.<<>_....." "n~"""""'. '..-0 t>f<;........".'JPE~ .uu ,...OOVClO <"'"...--................. ......" l"!Of;D\EU_C ~,""P'" ~ """",,,,-,,,"eN '" , I4cl'ld ... ,...,... ....h. ... " "'''"' ...' IV..... '~lU'lQ6 10 ""~I" O!'l CC>~'I'O<OC"';>' Boynton Beach, Florida 33483 ". . .....,",,~. ,,,.,,,,,... ~t>,c,o,S.'""'..cvl '""''''"....f'..C'''..~e' ..P.c,,"I'" (951) 7a8~ll11 fAX (9511 7U~'149 '..!M OoX-<11E"'~ ~..! '" e>1 UY-O "'''-' ",tC~ ,Ct'f ,.,. CCl"<"""""'""," co- ,~,~ .....0)", ""'-' ----_.~~_.--~----~--~- , 'I ~ ~ " o 0 0 . , ' .;: E ~ or f ~ I ____J -.'1' I"".. " m )' ~ 'I * j ~ i ; ~ f,;' '" f," ~ ' ; Jo. ( t '" ~,. ;,. '" '" '" -.t ~;~ ~~ " !, ~ I ~ t ~ ;; ~H ~ n I ;IT , , , ~tT., -1..r~I.\."'. I I ' I 'l\ I I. \\ , '; \ , i i I'i 'i ), I: II , I / I i ,i ., 'i l~ : i~ I ~r .~ ill!! " '/ , ~ . ) 1> ~ ~ '!. f' , ~ ~ 1...).\ f!9<</J7f <5'""",- 3506 S. Federal Highway Boynton Beach, Florida 33483 FRIESE DUIQ,. GROUP, IHC. ,,..,It..t..J Ioot..* I..'...., ~. V1ITVAIDlSl ". ....... All... ",nu .... J,l1e <--:-':'';;:::~\~~''.~~. "'II f. MoW 1101. ,~_ ....~. II. ""-_ u. 19H) 711-"47 fAX f9H) 7"~'1"9 ..."",..,. .,....... ... OlloC'-"NE.", ,",-l C'l~l<._, ~........,,~ ""'-' GoR",^,1C "Eo."i'!>!!"'..,"""'.""""""'.... ;...,.....,....,..,>" OC>OC....._IIof""""....lC',NC......"""""-"::7IOtf$ CC!"'lf~""'~IC..'l<;It..,€Yot:.,...~.H-'O,Il ...."ft.. ~""" r.. _<:""~CI "u COP"'''"",,,I~ "'~H""o1;P I..., O!V........M:>~~_ ""'... PfoDOtIClO ..'....N<EPE'f........C/"If'OIOl>O.''''"C'''''-'I'''''''''CN ...,......n....,OCMb'OOU.."..OOl:CQt.IJl>."""'"c;w t1!:f""""~,,,,,,,,,,,,,,,,,,,,Ol'l AFI">>cv... &eI' _C..lf<:; '''l:''f COClMf"'" "OlE 10~! U"'IiP Co.." O,""f '",,";-- C",--"T"'''''''Cc>, "'" I~,! .....:>.llCl """- T EXHIBIT B ~:~ .' i:i -?' -,. i:; ,,' I. 0, !: ~ m ~ < " 2 ~ '" \; ~ ~ z ~ ~ "" ~ \0 ~ ~ ~........'~" z ~ c .,", .:0,;;: ~ ~!~ Ii: ~. ~ ~.Io ]"~ ~ ~b ~ 0 ~~ ~ ID ~f~ ~j ~} ~..~..Ii ~ ~~ ~.. ..1 ~J U [II C1 f) I I T ,- () C' ;\'. [l' , ?~ ~!~~~.1.~-.". _ 4 ,~. '; @ ? /jP,J~ ; ..... fH. ..fll_f,'.....~:~: -. "o=~~-- _"jIHu=l! ______-----'--C:.~~------=-_______---=:::.__J I I L_ J~~~ H~ he. ',2 ~m !ii ~ e~ ~~ \\' ~ . " ~ 9' ~ ~ ~g ~ ~ " i~ I=Xf....UBi-r B ~------- 1 I~ 10 ie; I~ !Ii u " U ~ " ~ ! iU '-i ~ ~ ~ :I ~ I~ DI~c:'AlrlE"'. ,",l De~...._ Dfl,,"""':'$ AND G..",.....,c; ~ FRIESE OESIGH GROUP, IHC. 1OlO,..1<E~..U"O>I~>IE,..,..""""''''''~..'yOl' fCa/m 6''''''C ~,...P_$lAlO(:..,,(C.,_N<>..~~,,<>I$ ~"'TVIl""""'ur c"'"~l>OIIrO\ll"llC..'~"'D!l>~."''''''''T ...~Jt.d ... I.ot..!.. ~..~... ....JtT~.. ........OV"l. ~, ~T~c:l_....l CCI"l""""'~ 3506 S. Federal Highway ... Goonu "+J.llQ l'.ll>E"""D_ 10.... Df'l..~$..OE1......$ >.EM I"IO.OC><V-H> ~ <00"'.............-.,.,,..,.. ..,.... .--Due...........P ,"",'>'001&) OF C~'I'<UC"~ ,. Boynton ". , M.N.I " '..too. 8...~. " '--~~ ,:.-:--~~. ,...~',:,.,. 1-lO....ltR..,''''...l<l~E......C'I'<C~'/lUG'.a. . ~ Beach, Florida 33483 ~'l-lOC'rl>),.,'>lO\JT....~ ,,_OVA' ~T "m:""lC' 19H1 1U-8147 fAX 1954) 7"-8149 '>'i:!>EDOC~"'l>'1>E'C""E"~EOct<l-' 0<' m ~ , ._"'"' ,"" c"",~'o<uC"=' C'f ,.... ,"""o-""C' C>"-' L__ --~_.._-~ ". \. k) /,~ ,-- m < l> ::2 <) z I J :1 T "I , , , l' E ) . . i 1> " l ' E 0 ~ f " " ~ ~ 0 " --. . -t-- EXHIBIT B ~ I~ U ~;~ q ~ .J- l' ~ ~ I~ if: ~ ,- t.-. ;', j: ,. i' Is OJ ,-- Q L' r~ u c,; .~.'.-~I-~! 'c,', j I ';:,', " I //';, II , ,I : I[ i II : I : I , , , , " , ", '1 I II ----__L_______j ----..~-------,..--------- , , , , , , , , , " ..::/ : ..::;/ ! ..;:/ : ;::.. I II Ii , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , _ _'.CJ :,;' , , , , , ~, : ! 'J \cc;~ ,/)"", : /~~>/ :~ : ..;..../ ..;" " t "../ /;/', ~; .. U'" ~~- -------.J_ , .' f: " H 1- , , , , , , I~ !Ji> ~ I~ ~ , , , , , , , , , , " !: " ~ ,: I ~ I~ I II: , ' ~:: 1J' ~~t !!i . '>... Z " iP ~~~~ i!~ ~~i~ il~ ~~~ . ~~ ~~K z: l> ... O'~ ~~ ?i~~ ~i if .q " ....,',.L.. ~ " " ~ I~ ~ .. ~ " 9 .- ii' i::;:;: ~ s . ~L"~'"' ....L OHK'.oI!o. c;."_~...,.....-,,, m f!2crlm 6'"",e FRIESE PUIS" GROUP, INC. 1iE_~...Ul"""""~_.... ~..r.-a 0 I' o>;:>Oo~.._...."'6O!"'"'..'.CT.M(>M~....... S .rcWtut -" lilt...... ....I'lIN ~ ................, c:.".~~OOlO\P'LIC..lI<>N$a "r~Ol:ote...'''''''' ""tT1I!..~..~llTAIOC..lncT.....(:OI"'TlII"'"'T~ 3506 S. Federal Highway ,11".0.,.1.." ... J.n. "'........--...-"."."". JO:I:s.o:'""'lEC, '>IE c...._~.ou_ IEi'll "1OCOI,IC.o I ..'........oe'E~"_'>'OOo'~'ac""*'OOU(:..Ct< Boynton Beach, Florida 33483 ,~ E......... IU. ,_,_ ....~"l. ~....""" ... ""'.....f'...'IC't4:5'tCt'f......"""C<:Hl.,""''''''''' ~ (fS-41 ....."...... ........-.... MI!.IoIOOo'~'..TOOOI/'~IOfi~.lLe~"""'-"'''cT ~ 1"'-11-41 FAX '9S4) 1"-110., roE5l" OOC>rE"'~..1Ot[ '0 e~ ~ED ""'-.,. o<cE ~ "'.f ."'!' cC'N~'OO1.I<::"cw 01' ''''$ _CJEc' "",-, 71.1 IITl II~ ,. "I fi ~ ~ ~ ~ 1 ~ :~ ~ :', f' " , l~=-JJ [10 1r ~!!' L-~)l [c' 1 .t ~w "i i' , C~I ,f ILJ l i~t ' E-:JJ roo ::Y"-".":' "- _~ \. _I :\ ~ .J- ./' .1, " \' i-!~~! Ir~-- II 'j I II 'I td '.----1 lOi :1 I, ,l~l f i !-Irrll)~" , J IJR,. tcc"~~~'H .: 1E:f0I~ 'i! . ~=_-'I,j -; lt~o]-t' J; : Il \~l,' s, i.~ ~-,~,~ !~I r----U ~ i!i JL ' [0--- .i IU i]lC!li! loTlO 11 J , ![r~J--1 III lRr~,-~jU_' - : I~-- Ii Ibb~ W Ji IEiFj~ i - Tl t,,, cr:li ' . : i_ I C~~=----- r~~ - U~I ~-l 11-==- , , , , , I' ~ . i 1> s - f' , " ~ , ~ ---- ~fl CAY-.~...e"- -,-,L OtM&H~. t>"..........~ "'-'D &..~ 1eab1l crow FRIESE DESIGN GROUP, 'NC. ""'.....'~"'''~1'~__''C><...''''''''.~''-'Tc< <ceo' ". "',"'~. ",,-C"'TlCl. NC /tE..~,,,,,,,,, ..~ItlI..1 M' 1.1..1.. ".tlf.., /~ "",,", ........... CC1""'~ "" """'LIC~"~ C!'- Of~~ ...''''''''' ~--' ~:::~':~~.~::~. u!O:"P-~"'."""''''''''L e. .....C""fC' .....LCOl""'-_'~ 3506 5. Federal Highway AI<. Do..",n .. J,rlO IU"''''''C.'''' Df'l..-..:....ou._ ~... I"<OOOJCEP ""., ~ FfEo."'"..,....-c "",....op.'., Of' CC>Ol'-';'''''''' Boynton Beach, Florida 33483 '" , ...... ,,- ~...,... k-~, ,~ .>:" "c'."~'IO'~ Ie Pf:>lGl' elf ""'H"""""C" n.,~",,,'''''''''PlOtcI,,,,,,,,pjOo--....el'''''''''HO I'HI ""-&147 FAX (<9S4) 7&8-114<9 ''''~' "'=lrE"'~ ~"-l 10 e~ 1.I!>~O CV>Ii.l coKE 'c..'" ,.., <-O-'~,.....-"C>' '" ,~,~ ,"",oJU;f <""'-, "~- 1!~ 12' 1 III 10' I~ " r o () III (D r \.l G' 1] r g iI~r~~~~~"IT ~Tl~= I c 1] --''=_-c=.-dJ ~ I "I [~-L ~---~T'~)'- --. tr;F("! -":' L.!L I~",_'I! r,--, I ~I ::' I /r ~JL__ - : '-=~ ~n~;:1!: I~ III 1I11 ~::= III I I ~ 1Jj ~-=- -- '~-r J c__c /6-1 /~_1 ~ [~~j r -, -r 9 ~ ili Co l[" ~ ~ ~ ~ ~ I' i,l f) :J ill ~ ~ g ~ m ~ '" 2 ~ ~ ~ '" ~ :;: l> !~Wl ili l> ~ " '" 1.1' Jo G' v-' l!' IJ' '-" "'- "' IJ> U, IJ> ~ 'n 'n I~~- jl ~i lr ~,;::". ,::::/ . 1 :l:i I 'I c~ J~L.;~ - -:'~.-i EXHIBIT B o q =tl 11- r-~' ----- > ...:~ (j C) ~ ::tJ n, C) D b :::j 0 C) =D r--':' III ~ d CJ ~ lr) ~- Cj '> ~~ c : I~ ~ . m ~L"""""'''LLpf__I:>lOi''_~M<>'''''''''''''''' I> < ""'_Io.".....'''''*'..fOCN_'....'''''"''"''''....... f:!?alm 6"",,,,,, FRIHE OESIGN GROUP, IHC, .."QC...._~.oOI!e...fICI.NOlII:l!~'1oClN!o " ~1II11111...I.._ (;Q"Il!"!o ClIIt~IC~'~C1'QU.,....;......:JIn ..d.IJut ... Ioot.,Ioo, ...1..., """JE>I~....BTARCWIlfC'..6.f.LC~I't>Co~'!o -~.--._.-..,.. IOESI~_....~~__~o 3506 S, Federal Highway AA* '''01961 "_J,lJII <""'...~"-,,,-.._. ..f.."'~pfTr..-...!DMt'T"'<Xo<S)""c_.."""'_ "4 t. ...,," It.. ,_......... n ::,~~~~~~'~:~...'fCT ~ Boynton Beach, Florida 33483 '- '.."........ ","",>>-"" '''''WDOeu;f:'''''''''''''''_lfIoEO,,",-Yct<C..f 19H1 1"-&'''7 fAX {9HI 71&-&1<49 '''''''''!c~'''''<''JcwCO-''''~'''''''''ClOO4.' 1> ~ E ~ i ~o :l ~ ~ 4 ~; I r,\ c f11 ~ , () Z ~ ~ :1' !,o ~ I' \," ~; ; j : (> ,I "I [-1, :~_~il! I r-,I I I - II' ~n _> ~/ '.:=JC:-"'~ Hi> I ":: i'~IO\\ __81 8\' : ~!r~ ]~J~f : 1 -,(" "--.,.- =~ ,-1 i I~,I ~~~,.~----_."" --"---"~--~-'---'-- I I ~y~ IC/~,(]l r ~- -: J _ _" _~ l_-=:lJ ;CL , -4- ~ , , - I { J (~I -~------- Jt 1111 .J" Y'>~::o 1-'-"1 C iT-I r--T-J/ I ;': m'l: , , ~41' //" I ~. /// ~: /~----------: : , ' , -----I ~::=_---===_=:------L~~~----==.--- ~~- q o K 0 ,., 0 ~ ~ E i f' ~ ~ " ~ 7J Q f'2crlm 6'"pe 3506 S. Federal Highway Boynton Beach, Florida 33483 ! FRIESE DESIS" GROUP, INC. tftloltut uJ "'Iul., 'ul,"., ~~ ~I.~~~~II..~~:IIP ;~./"::;:: ll~_ '-t::4:::~on ~~;~~~':~~,:;,':' [9S4) 7"-'147 FAX (9HI 718-11-49 t"'~1._" ..c. t".""",~,D""""""-'~..>NCo"'''':'''''''O<: "~"""OI:N'~l~ 04.<on<,oR!!: ,''''' 1"fWPE"'~ ~ """"tl'"_'''E~~...>oc..n.,;l,'''''I<E~n''''''' oOc.o'>E~""'~I<:"TrOt&O'PE~"""<Ot," ~I"," _O~>L ..~ ~"I1~Cl, ALL (:OI"""......I~ I<iH_"oi'O, '''"' o..--"'~.ot'S_ """.... Pfl<X>UCEO ...,.. ~ 1'f<St>nHM.',",O "'~lo<oO'~'Cf (:""~I"""'T""" ,""....H..~l"'~ ICPE~OR <:C><5l.....::1~. MEI\<oOi~' _'>'(:<11 .....'OR ~F""O"'~L ~, ....."..,HO ,'...< pc<.l<"E'''. ~." '0""" """ """" l <o>I{',' '''"'' '>'0 "CN~''''''>c''''''' ;;" I~'~ ~..c,,~, ~, ~[[ 1 ____________ __ L---_ ;< f';! ;,; '? f ~ : ':?" ~ ;. i ~i; , 1'" J~~ ,Jl I; ~~-~ -~~--=_tii' i ~~~~.~)! : l I ./ :_-~~ I i~l 12 I~ J II Hl- ::j 111' I 01 o j Hf' I~ r m <; ~ i5 z o iii' '-~ o o Dill' ,1 D o o o o i!l~' .d ,~ Hi' 11 J:!:?ffb1f er",ve Bo:~~:nSB Federal Highway each, Florida 33483 FRIESE DESIGN GROUP, IHC. :::w:::,~ Iot'.,I., ::~~;;o ~_ ...JIAl......., f'H;H7;~:~~ Itc. ,,~_ ....~. fl. . oc::..::...:.::;..~:,,:..:.. FAX {tH) 7"~'1" ...",>,..,.. ....~'.:..- .J'- F:' lu' 12 1;:< I 1:11 1'111 ~ liS z J ~-j 'r ~ir ""'-, lI~~ '1" ~ :: l:l' ::; " ;':CI , ~ i T-~-'-~" ,i I i II I II I 'if' Ii I jj II I III I ! III ' r-~ I ,0; il I ~~,~ I I [r" I \PJ [Ol, I \t"-I I i:j" :\l , 11)\'0 '_,~!Clh. ! -, )-' I \\ I, I \\.,/i:l' I ,/::1; ,__:Jt~ Jj D' i! , " tl~n;j i!l' II !if' Jj I [Ol uf' Jl " ~i~~f, m ~:; EXHIBIT B :t I,' ~ I ~ ~ .. ~ m ~ EXHIBIT "C" Conditions of Approval Project name: Miller Road Project File number: NWSP 05-031 Reference: 2nd review plans identified as a New Site Plan with a Planning & Zoning date stamp marking of November 16, 2005. I I DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. 2. Insufficient space has been provided at the main entrance off Federal Hwy to X permit the future placement of vehicular security gates. A minimum of 90 feet, measured from the right-of-way line, is required for stacking by Palm Beach County, should the developer choose to have a gated entrance in the future. ENGINEERING DIVISION Comments: 3. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application" These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (L WDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 4. Show proposed site lighting on the Landscape plans (LDR, Chapter 4, X Section 7.BA.) The lighting design shall provide a minimum average light level of one foot-candle. The scale provided on the Photometric Plan makes it difficult to read but it also appears that the lighting levels are excessive for a residential development" 5. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles along both Federal Highway and Old Dixie Highway. Interior intersections COA 12/12/05 2 I DEPARTMENTS INCLUDE REJECT may use a standard 25-foot sight triangle. 6. Indicate, by note on the Landscape Plan, that within the sight triangles there X 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.H.). 7. The medians on Federal Highway have existing irrigation and plant material X belonging to the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets with the above stated information. 8. The Landscape Architect should consider replacing the Live Oaks proposed X along roadways and at garage driveways with a tree or palm that will not pose a vertical conflict for high profile vehicles (Solid Waste.). 9. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. UTILITIES Comments: 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. All lines shall be Ductile Iron Pipe (DIP). X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION COA 12/12/05 3 I ~ DEPARTMENTS INCLUDE REJECT Comments: 12. 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 503 of the 2004 FBC. 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. General area modifications to buildings shall be in accordance with 2004 X FBC, Section 506. Provide calculations verifying compliance with the above code sections and the 2004 FBC, Table 503. 15. 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. 16. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. Add to the submittal a partial elevation view drawing of the proposed X perimeter wall/fence. Identify the type of wall/fence material and the type of material that supports the wall/fence, including the typical distance between supports. Also, provide a typical section view drawing of the wall/fence that includes the depth that the wall/fence supports are below finish grade and the height that the wall/fence is above finish grade. The location and height of the wall/fence shall comply with the wall/fence regulations specified in the Zoning Code. 19. On the drawing titled site plan identify the property line X 20. As required by the CBBCO, Part III titled "Land Development Regulations", X submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the buildings. The leading edge of the buildings begins at the closest point of the overhang or canopy to the property line. In addition, show the distance between all the buildings on all sides 21. To properly determine the impact fees that will be assessed for the two-story X pool/clubhouse/recreation building, provide the following: COA 12112/05 4 i DEPARTMENTS INCLUDE · 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/clubhouse/recreation 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/clubhouse/recreation building. 22. Add to the floor plan drawing of the clubhouse/recreation building a X breakdown of the floor area. The area breakdown shall specify the total area of the building, covered area outside, covered area at the entrances, total floor area dedicated for the clubhouse/recreation building and other uses located within the building. Specify the total floor area that is air-conditioned. Label the use of all rooms and floor spaces. 23. 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. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · 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) 25. 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. 26. 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: REJECT COA 12/12/05 5 I i DEPARTMENTS INCLUDE REJECT . 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)) 27. Add a general note to the site plan that all plans submitted for permitting shall X meet the City's codes and the applicable building codes in effect at the time of permit application. 28. 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. 29. 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. PARKS AND RECREATION Comments: 30. Park Impact Fee - 121 Single family attached units @ $771.00/unit = $93,291 X FORESTER/ENVIRONMENTALIST Comments: Existin2 Trees Mana2ement Plan Sheet LS-l 31. The Landscape Architect should tabulate the total caliper inches of trees to be X removed from the site. The tabular data should show the individual species of trees proposed to be removed and replaced on site. There are 7 strangler fig trees (312 caliper inches) and 4 Pine trees (84 caliper inches) proposed to be removed that must be replaced on the site. These replacement trees should be shown by a separate symbol on the landscape plan sheet LS-4. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] COA 12/12/05 6 I DEPARTMENTS INCLUDE REJECT Plant Material Sheet LS-4 32. All shade and palm trees on the Trees and Palms List must be listed in the X description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground) not caliper, 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; or any gray wood (gw) or clear trunk (c.t.) specifications (Chapter 7.5, Article II Sec. 5.C. 2.). 33. The landscape design does not include the City signature trees (Tibochina X granulosa) at the ingress / egress areas to the site. These trees must meet the minimum size specifications for trees. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.] 34. The shrubs listed should all have a spread size. X 35. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy trees, Palm trees, Shrubs & Groundcover. On the landscape plan, indicate the total quantities within each category and their native percentages. 36. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 37. Cypress mulch cannot be used in the City of Boynton Beach. X 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 Coco plum hedge plants on three sides. 39. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings from the Federal Highway right-of-way. Irrieation Plan 40. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 41. Trees should have separate irrigation bubblers to provide water directly to the X root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] . COA 12/12/05 7 I II DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 42. Approval of this project is contingent upon the approval of the accompanying X request for annexation (ANEX 05-005) and land use amendment / rezoning (LUAR 05-014). 43. Abandonment and rededication of easements must be recorded prior to X issuance of a building permit for the project. Approval of this project is contingent upon the successful abandonment of Miller Road (ABAN 05-008). 44. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X which meets Engineering and Public Work standards. However, if Palm Beach County determines that the improvements are not required, then no modification will be needed to the current configuration of Miller Road as depicted on the site plan. 45. The traffic impact analysis must be approved by the Palm Beach County X Traffic Division for concurrency purposes prior to the issuance of any building permits. 46. Staff recommends incorporating decorative columns and caps into the design X ofthe buffer wall. 47. Place a note on the site plan that all above ground mechanical equipment such X as exterior utility boxes, meters, transformers, and back-flow preventers shall be visually screened (Chapter 9, Section 10.CA.). 48. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X Bougainvillea) is required at both sides of each project entrance / exit. The signature trees must have six (6) feet of clear trunk if placed within the safe- sight triangle (Chapter 7.5, Article 2, and Section 5.N). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 49. All sIgnage IS subject to reVIew and approval of the Community X Redevelopment Agency and City Commission. The subdivision identification sign face may not exceed 32 square feet in area. Please provide a detail showing its dimensions, sign type, exterior finish, letter font, and letter color(s) that comply with Chapter 21, Article IV, Section 1.D. The sign structure must be located at least 10 feet from the property line. Staff recommends that the sign be externally lit, with vandal-proof ground up lighting. Also, the address numbers should be located above the letters. 50. The subject site is located along Palm Tran Bus Route 1. Staff recommends X COA 12/12/05 8 I DEPARTMENTS INCLUDE REJECT installing an upgraded shelter if a Palm Tran stop is located along Federal Highway, abutting the subject project. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 51. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 52. To be determined. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\NWSP 05-031\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Cove (aka Miller Road Project) APPLICANT'S AGENT: Kim Glas-Castro with Ruden McClosky APPLICANT: East Coast Communities, Inc. APPLICANT'S ADDRESS: 6499 North Powerline Road Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 3, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 121 fee-simple townhouses on a 7.402-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: On the west side of Federal Highway, approximately 1,250 feet south of the intersection of Old Dixie Highway and Federal Highway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHAREDIWPIPROJECTSIPalm Cove (aka Miller Rd Project)INWSP 05-0311DOdoc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Attorney Spillias noted this was a quasi-judicial board and the procedures were available to the public on a printed handout on a stand in the back of the room. He proceeded to swear in all persons who planned to speak during the Public Hearing portion of the meeting. Annexation A. Annexation - Miller Road Project 1. Project: Agent: Owner: location: Palm Cove (ANEX 05-05) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to annex a 4.456-acre portion of a 7.402- acre project Description: Land Use Plan Amendment/Rezoning 2. Project: Agent: Owner: Location: Palm Cove (lUAR 05-019) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future land Use Map from General Commercial, local Retail Commercial (City) and Medium Residential-5 and Commercial Highj5 (County) to Special High Density Residential; and Description: Request to rezone from C-3 Community Commercial, C-4 General Commercial (City) and RM Residential and CG General Commercial (County) to PUD Planned Unit Development Dick Hudson, Sr. Planner, reviewed the Palm Cove project, stating staff recommended approval of the requested annexation, land use amendment and rezoning for the following reasons: · The requested annexation is consistent with the City's annexation policy. · The property is contiguous to properties lying within the City of Boynton Beach and forms a reasonably compact addition to the City boundaries. · The future land use amendment is consistent with the policies of the City's adopted Comprehensive Plan, particularly the portion of Policy 1.16.1 defining Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities. · The proposed redevelopment plan is consistent with the VISIon and recommendations of the Federal Highway Corridor Community Redevelopment Plan. 7 Meeting Minutes Community Redevelopment Agency B~~...tonBeach, Florida _~___~_~______ ____December 1~L~~05 ___ . The requested land use amendment and rezoning meet the criteria for review, as required in the Land Development Regulations. Abandonment Description: Palm Cove (ABAN 05-008) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request to abandon the southwest corner of Lot 6 of "Killian's Park;" thence east, along the north right-of-way line of Miller Road, a distance of 450 feet. 3. Project: Agent: Owner: Location: New Site Plan Description: Palm Cove (NWSP 05-031) Ruden McClosky Multiple land owners One-quarter mile north of Gulfstream Boulevard between Federal Highway and Old Dixie Highway Request new site plan approval to construct 121 fee-simple townhouses, recreation amenities and related site improvements on 7.402 acres in the Planned Unit Development (PUD) zoning district. 4. Project: Agent: Owner: Location: Eric Johnson, Planner, presented an overview of the site plan and the abandonment request simultaneously. The project proposes 25 different buildings for a total of 121 dwelling units at a density of 16.34 dujacre. Town homes are permitted uses in the proposed zoning district. Staff reviewed the project for concurrency and found the infrastructure and services are or will be in place prior to the issuance of a building permit. The main point of ingress and egress is along Federal Highway. Along Dixie Highway there is a point of egress only and it will be gated. The project requires 252 parking spaces and it provides 278 parking spaces. The west landscape buffer would be seven and a half feet and the south landscape buffer five feet, the north landscape buffer eight feet, and the eastern landscape buffer on Federal Highway twenty feet. Staff approves of the landscape plan. Approval of the site plan is contingent on the approval of the accompanying request to abandon a portion of Miller Road. Staff determined the portion of the subject right-of-way to be abandoned does not serve a public purpose and approval was recommended. Condition of approval #3 requires the applicant to provide a turnaround area for the benefit of the houses on Miller Road. Mr. Johnson had verbal approval from Palm Beach County that this turnaround area would not be required. However, the condition of approval is worded to say that if Palm Beach County determined improvements were not required, no modification would be needed to the current configuration of Miller Road. Staff is waiting for a written response from Palm 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 Beach County. All public agencies reviewed the abandonment request with no comment except that Florida Power & Light had approval with conditions. Staff recommended approval of the site plan, subject to the 50 conditions of approval. Staff also recommended approval of the abandonment request, subject to four conditions of approval. Vivian Brooks, CRA Planner, noted a recommendation was made to the applicant about creating a pedestrian environment consistent with the Federal Highway Plan and the improvements were made on the frontage of the buildings along Old Dixie Highway and Federal Highway. The CRA found the request to be consistent with the goals and objectives of the Federal Highway Redevelopment Plan. Chair Heavilin asked the applicant whether the developer would agree to all the conditions of approval. Kim GJas-Castro of Ruden McClosky appeared on behalf of East Coast Communities and indicated they agreed with all the conditions of approval. Mr. Myott asked staff if there were a plan for winding sidewalks or greenways along the wide rights-of-way. Mr. Hudson noted the extra wide right-of-way was a requirement of the City's Engineering Department. He did not know of any plans to do anything of that nature immediately. Mr. Myott wanted to know if the sidewalk plan was tied to any other plan such as a master plan or a greenways plan. Mr. Hudson said the current pavement was far to the west side of the right-of-way and at some point, he believed the applicant wanted to relocate this closer to the center and widen it. It seemed to Mr. Myott that an opportunity was there for special landscaping, greenways, or meandering sidewalks. Ms. Castro summarized the various requests from the applicant and offered to answer questions. Eric Mills, Virtual Design Group, gave a PowerPoint presentation of the site plan. . Mr. Myott complimented the applicant on the elevations, which were the nicest he had seen to date. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one wished to speak. Motion Mr. Barretta moved for approval of the annexation request for Palm Cove (AN EX 05-005). Mr. DeMarco seconded the motion that passed 5-0 (Vice Chair llllman was out of the room.) Motion Mr. Barretta moved approval of the Comprehensive Plan change as requested for Palm Cove (lUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair llllman was out of the room.) 9 Meeting Minutes Community Redevelopment Agency Boy~ton Beach, Florida December 13, 2005 Motion Mr. Baretta moved approval of the Rezoning as requested for Palm Cove (LUAR 05-019). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the abandonment for Palm Cove (ABAN 05-008). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Motion Mr. Barretta moved approval of the site plan for Palm Cove (NWSP 05-031). Mr. Myott seconded the motion that passed 5-0 (Vice Chair Tillman was out of the room.) Vice Chair Tillman returned to the dais following these motions. B. Gulfstream Gardens Phase II Annexation Description: Gulfstream Gardens Phase II (ANEX 05-04) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., Parbbubbal K. Patel, and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to annex a 3.166-acre portion of a 5.47- acre project 1. Project: Agent: Owner: Location: Land Use Plan Amendment/Rezoninq Description: Gulfstream Gardens Phase II (LUAR 05-012) Bradley Miller, Miller Land Planning Consultants, Inc. P.B. Chinese Christian Chapel, Inc., parbbubbal K. Patel and Howard Britt One-quarter mile north of Gulfstream Boulevard, between Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC), Local Retail Commercial (LRC) and Commercial High Intensity (CH) (Palm Beach County) to special High Density Residential (SHDR); and 2. Project: Agent: Owner: Location: Request to rezone from C-3 Community Commercial and (CG) Commercial General (Palm Beach County) to Planned Unit Development (PUD) 10 Sl\"fY 0", ',' ',','\' !. . ..... .. .... t:j!, . 'J'. ;r }'\.. ... ... (; "'" //'1" }'ONC~ VIII.-PUBLIC HEARING ITEM G. 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 0 December 6, 2005 November ]4, 2005 (Noon,) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) [8J January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) c----, '-J ;'t 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) C'") ~, c~ "t".~" 0 Administrative 0 Development Plans 0 Consent Agenda 0 New Business fV; -- NA TURE OF .. ~r;(:::J AGENDA ITEM [8J [8J :"--......., ~. .- ;'''1': Public Hearing Legal --.-J . 'c:, 0 Bids 0 Unfinished Business ...... 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3, 2006 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the subject request be approved on December 13,2005. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-245. EXPLANA TION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 401 North Dixie (Olsson Property) (LUAR 05-013) Jack White Mildred Martin 401 North Old Dixie Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial toMedium Density Residential; and Request to rezone from C-3 Community Commercial to R-] Single family Residential. Proposed use: Maintain existing single-family home PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Jk~ City Manager's Signature Develo ~t/7 ~ .~~~/~\ Planning and Z;~ irector CitYAttomey / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Olsson\LUAR 05-0 13\Agenda Item Request 401 North Dixie (Olsson Prop.) LUAR 05-013 1-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY MILDRED MARTIN, AND LOCATED AT 8 401 OLD DIXIE HIGHWAY; CHANGING THE LAND 9 USE DESIGNATION FROM LOCAL RETAIL 10 COMMERCIAL (LRC) TO MEDIUM DENSITY 11 RESIDENTIAL (9.68 DWELLING UNITS PER ACRE); 12 PROVIDING FOR CONFLI CTS, SEVERABILITY, AND 13 AN EFFECTIVE DATE. 14 15 \VHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 17 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 18 Comprehensive Planning Act; and 19 WHEREAS, the procedure for amendment of a Future Land Use Element of a 20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 21 WHEREAS, after two (2) public hearings the City Commission acting in its dual 22 capacity as Local Planning Agency and City Commission finds that the amendment 23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 24 the best interest of the inhabitants of said City to amend the aforesaid Element of the 25 Comprehensive Plan as provided. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFTHE 27 CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 29 herein by this reference. 30 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S:\CA\Ordinances\Planning\Land Use\Olsson.doc 1 following: 2 That the Future Land Use of the following described land located at 401 Old Dixie 3 Highway in Boynton Beach, Florida shall be changed from Local Retail Commercial (LRC) 4 and shall now be designated as Medium Density Residential (9.68 dwelling units per acre): 5 ALL THAT PART OF THE SOUTH 81.69 FEET OF SECTION 33, TOWNSHIP 45 6 SOUTH, RANGE RE EAST, PALM BEACH COUNTY FLORIDA, LYING BETWEEN 7 THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAIL WAY AND THE RIGHT 8 OF WAY OF THE OLD DIXIE HIGHWAY; LESS A PARCEL OF LAND IN SECTION 9 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA 10 11 BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 33, 12 WITH THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, 13 THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 33, A 14 DISTANCE OF 409.8 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE 15 PRECEDING COURSE, A DISTANCE OF 81.69 FEET; THENCE WESTERLY, 16 PARALLEL TO THE SOUTH LINE OF SECTION 33, A DISTANCE OF 97.00 FEET TO 1 7 THE INTERSECTION OF THE SAID EAST RIGHT OF WAY OF THE FLORIDA EAST 18 COAST RAILWAY; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY 19 LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 82.69 FEET TO 20 THE POINT OF BEGINNING 21 22 23 Subject to easements, restrictions, reservation and rights of way of record. 24 25 26 Section 3: That any maps adopted in accordance with the Future Land Use Element of the 27 Future Land Use Plan shall be amended accordingly. 28 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 29 Section 5: Should any section or provision of this Ordinance or any portion thereof be 30 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 31 remainder of this Ordinance. 32 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 33 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 34 Land Development Regulation Act. No party shall be vested of any right by virtue of the S:\CA\Ordinances\Planning\Land Use\Olsson.doc 1 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 2 including appeals, are exhausted. In the event that the effective date is established by state law or 3 special act, the provisions of state act shall control. 4 FIRST READING this _ day of ,2006. 5 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 City Clerk 26 27 (Corporate Seal) 28 Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\planning\Land Use\Olsson.doc 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF HELENE OLSSON, AMENDING 6 ORDINANCE 02-013 TO REZONE A PARCEL OF 7 LAND LOCATED AT 401 OLD DIXIE HIGHWAY, 8 AS MORE FULLY DESCRIBED HEREIN, FROM 9 COMMUNITY COMMERCIAL (C-3) TO SINGLE 10 FAMILY RESIDENTIAL (R-1); PROVIDING FOR 11 CONFLICTS, SEVERABILITY, AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 15 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 16 WHEREAS, Mildred Martin, owner of the property located at 401 Old Dixie Highway 1 7 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 18 its agent, Jack White, pursuant to Section 9 of Appendix A-Zoning, ofthe Code of Ordinances, 19 City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being 20 more particularly described hereinafter, from Community Commercial (C-3) to Single Family 21 Residential (R-l); and 22 WHEREAS, the City Commission conducted a public hearing and heard testimony 23 and received evidence which the Commission finds supports a rezoning for the property 24 hereinafter described; and 25 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 26 an amendment to the Land Use which was contemporaneously considered and approved at the 27 public hearing heretofore referenced; 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. S:ICA 10rdinanceslPlanningIRezoninglRezoning - Olsson.doc 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing Whereas clauses are true and correct and incorporated 4 herein by this reference. 5 Section 2. The following described land at 401 Old Dixie Highway in the City of 6 Boynton Beach, Florida, as set forth as follows: 7 ALL THAT PART OF THE SOUTH 81.69 FEET OF SECTION 33, TOWNSHIP 45 8 SOUTH, RANGE RE EAST, PALM BEACH COUNTY FLORIDA, LYING BETWEEN 9 THE RIGHT OF WAY OF THE FLORIDA EAST COAST RAIL WAY AND THE 10 RIGHT OF WAY OF THE OLD DIXIE HIGHWAY; LESS A PARCEL OF LAND IN 11 SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY 12 FLORIDA 13 14 BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 15 33, WITH THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST 16 RAILWAY, THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SECTION 1 7 33, A DISTANCE OF 409.8 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO 18 THE PRECEDING COURSE, A DISTANCE OF 81.69 FEET; THENCE WESTERLY, 19 PARALLEL TO THE SOUTH LINE OF SECTION 33, A DISTANCE OF 97.00 FEET 20 TO THE INTERSECTION OF THE SAID EAST RIGHT OF WAY OF THE FLORIDA 21 EAST COAST RAILWAY; THENCE SOUTHERLY ALONG THE EAST RIGHT OF 22 WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A DISTANCE OF 82.69 23 FEET TO THE POINT OF BEGINNING 24 25 26 be and the same is hereby rezoned from Community Commercial (C-3) to Single Family 27 Residential (R-1). A location map is attached hereto as Exhibit "A" and made a part of this 28 Ordinance by reference. 29 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 30 accordingly. 31 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 32 repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion thereof be S:\CA \Ordinances\Planning\Rezoning\Rezoning - Olsson.doc 1 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this _ day of , 2006. 5 SECOND, FINAL READING and PASSAGE this _ day of ,2006. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 25 26 City Clerk 27 28 (Corporate Seal) 29 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezoning - Olsson.doc LOCATION MAP Olsson Property LUAR 05-013 Exhibit A ---_.--~.-_., -------------- ~ - i-- J I ! i I I ! i I I , I I ,I .----.-'-- --.------- -_._----~--_._--------- / ~-k I . I I j i I ,I ; ---~ - -- ----j- - J___ ------ -- -- 250 125 o 250 Feel N A DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-245 TO: Chair and Members Community Redevelopment Agency Board and Mayor and City Commission FROM: Hanna Matras, Planner U }:J. . Michael W. Rumpf . Director of Planning and Zoning THROUGH: DATE: December 1, 2005 PROJECT NAME/NUMBER: Olsson/LUAR 05-013 REQUEST: To amend the Future Land Use designation from Local Retail Commercial (LRC) to Medium Density Residential (MDR) and rezone from C-3 Community Commercial to R-1 Single Family Residential. PROJECT DESCRIPTION Property Owner: Mildred Martin Applicant! Agent: Helene Olsson/Jack White Location: 401 Old Dixie Highway (Exhibit "AIf) Parcel Size: 0.57 acre Existing Land Use: LRC (Local Retail Commercial) Existing Zoning: C-3 (Community Commercial) Proposed Land Use: Medium Density Residential (9.68 dwelling units per acre) Proposed Zoning: R-1 Single Family Residential Proposed Use: Single family residential (no change) Adjacent Uses: North: Developed residential property (Mirabella Villas condominiums), designated Special High Density Residential (SHDR, maximum density 20 dwelling units per acre)) and zoned R-3, Multi Family Residential. Page 2 File Number: LUAR 05-013 Olsson South: Properties developed with single family homes, designated Medium Density Residential (MDR, maximum density 9.68 dwelling units per acre) and zoned R-1, Single Family Residential. East: Right-of-way of Old Dixie Highway, farther east a developed commercial property designated Local Retail Commercial (LRC) and zoned C-3, Community Commercial. West: Developed residential property (Mirabella Villas condominiums), designated Special High Density Residential (SHDR, maximum density 20 dwelling units per acre)) and zoned R-3, Multi Family Residential. EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. It is consistent with the land use and zoning designations of properties extending south of the subject parcel. 2. It brings the current use into conformity with zoning, therefore removing an impediment to market transactions and possible revitalization of this area. 3. The physical attributes of the subject property make its redevelopment unfeasible under current zoning. 4. It is consistent with the intent of the Comprehensive Plan. PROJECT ANALYSIS The parcel, which is the subject of this land use amendment, totals 0.61 acre. Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. 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 3 File Number: LUAR 05-013 Olsson The subject property is currently developed with a single family home, a non-conforming use under the current land use and zoning designations. Its physical attributes make it unfeasible for redevelopment under current zoning. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a requirement that all new residential developments of more than 50 units, which are located in the Hurricane Evacuation Zone, will provide continuing information to residents concerning hurricane evacuation and shelters through the establishment of a homeowners' or residents' association. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. The proposed rezoning is consistent with all applicable comprehensive plan policies. In particular, it is consistent with policy 1.19.8 of the Land Use Element: Policy 1.19.7 The City shall continue to change the land use and zoning to permit only residential or other non-commercial uses in areas where the demand for commercial uses will not increase, particularlv in the Coastal Area. It is also consistent with the recommendation contained in Section VIII, land Use Problems and Opportunities, of the Future Land Use Support Document. Recommendations of Section VIII, initially adopted into the Comprehensive Plan with the intent of directing development and redevelopment activities in nine (9) planning areas within the city, have at present advisory character only. The subject property is located in planning area l.p. The recommendation currently reads: 1.0. Parcels at Northwest Corner of U.S. 1 and Old Dixie Highway Due to the limited demand for commercial f1oorsoace along this segment of U.S. 1, an initial recommendation of the Comprehensive Plan adooted in 1989 was that these parcels be taken out of the Local Retail Commercial land use category and placed in the Soecial High Density Residential cateoorv. This recommendation was not enacted because a site plan and construction drawings for a shopoing center on this site had been aporoved by the City. The shoooing center has not been develooed and the site plan and construction plan aoprovals have exoired. Therefore. these parcels should be taken out of the Local Retail Commercial land use category to encourage development and revitalization of this area of the City. . The subject lot was initially included in the above mentioned shopping center site, but subsequently left out of the 1999 land use amendment/rezoning of the property, later developed as Villa Del Sol, a multifamily project. The premise of policy 1.19.7 may no longer be valid, since the rapidly growing resident population along the US 1 corridor will create a demand for a variety of commercial uses. The Page 4 File Number: LUAR 05-013 Olsson city encourages commercial development in the downtown area, and supports commercial activity nodes in selected locations within the north and south segments of the US 1 corridor. Clearly, the commercial designation on the subject parcel does not further redevelopment goals in this area and has no potential to benefit the neighborhood. Ultimately, the shape of the property makes it unfeasible for redevelopment with a commercial use as a single parcel, and there are no opportunities to assemble properties for such uses. The proposed amendment would make the current use of a single family home conforming and facilitate land assembly for residential redevelopment if desired. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The proposed rezoning would be consistent with the established residential land uses and will not create an isolated district. The adjacent lots to the south are developed with single family homes, as are lots south-east of the property, across from North Old Dixie Highway. c. Whether changed or changing conditions make the proposed rezoning desirable. Redevelopment activities continue at a fast pace along the US 1 corridor. Since the proposed rezoning brings the current use into conformity, an impediment to market transactions and possible revitalization of this area would be removed. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Since the use of the property will not change, the proposed rezoning would have no impact on demand for public facilities. 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 stated above, the proposed use of the property will be compatible with the current and future use of adjacent and nearby properties. It will not affect the property values of adjacent or nearby properties. f. Whether the property is physically and economically developable under the existing zoning. Because of its shape and narrow width (approximately 83 feet), the property is not physically developable under the existing zoning; both commercial and residential (multi-family) uses allowed under the C-3 zoning would require side setbacks that would make development unfeasible. Page 5 File Number: LUAR 05-013 Olsson g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The proposed rezoning will have negligible impact on the neighborhood or the city as a whole. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The proposed amendment would bring the current use of the single family home into conformity . 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 bring the current use into conformity. Moreover, the property is not developable with uses permitted under current zoning. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. That the subject requests be approved. If Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included as Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Olsson\LUAR OS-013\STAFF REPORT OLSSON.doc LOCATION MAP Olsson Property LUAR 05-013 250 125 o 250 Feet N A Exhibit A // I I I I Olsson: LUAR 05-013 ..' s . a ~ - .~ Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 C. 401 North Dixie (Olsson Property) Land Use Amendment/Rezoninq 1. Project: 401 North Dixie (Olsson Property) (LUAR 05-013) Jack White Mildred Martin 401 North Old Dixie Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Low Density Residential; and Agent: Owner: Location: Description: Request to rezone from C - 3 Community Commercial to R-l Single Family Residential Proposed Use: Maintain existing single-family home Hannah Matras, Economic Planner, stated staff recommended approval of the request because: . It is consistent with the land use and zoning designations of properties extending south of the subject parcel. . It brings the current use into conformity with zoning and thereby removes an impediment to market transactions and possible revitalization of the area. . The physical attributes of the subject property make its redevelopment unfeasible under current zoning. . It is consistent with the intent of the Comprehensive Plan. Chair Heavilin opened the floor for the public to speak on this item, but closed it when no one came forward to do so. Motion Vice Chair Tillman moved to approve the request to amend the Comprehensive Plan Future Land Use Map and rezoning as requested (LUAR 05-013). Mr. Myott seconded the motion that passed 5-0. Mr. DeMarco was out of the room. D. Happy Homes Heights (Ballard) Zoning Code Variance 1. Project: Agent: Owner: Location: Description: Happy Homes Heights (Ballard) ZNCV 05-008 Kevin Ballard Prime Property of the Palm Beaches 133 N.E. 12th Avenue Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, reqUiring a minimum lot area of 6,000 square feet, to 14 gr\"f ~_~",. "- / .. 'I- i oJ. 'jj \' " / () C ~'" '.-"/0~" ~~ l-; N ~ Requested City Commission Meeting Dates D December 6, 2005 D December 20, 2005 [8] January 3, 2006 D January 17,2006 NATURE OF AGENDA ITEM VIII.-PUBLIC HEARING ITEM H.. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission in to City Clerk's Office Meeting Dates Date Final Form Must be Turned in to City Clerk's Offic~ November 14,2005 (Noon.) D February 7, 2006 December 5, 2005 (Noon) D February 21,2006 December 19,2005 (Noon) D March 7, 2006 January 3, 2006 (Noon) D March 2],2006 January 17,2006 (Noon) February 6, 2006 (Noon) February 21,2006 (Noon) March 6, 2006 (NoonS r-{l (; D Administrative [8] Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report -----.;:- ..-- D Development Plans <:ir,.>-=- D New Business )'":";-~ '- D Legal r~..) --., - '-?iC'..) D Unfinished Business r',.) ~? ;:: --....l D Presentation .0 -,- RECOMMENDATION: Please place this request on the January 3, 2006 City Commission Agenda under Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on December 13,2005. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-195. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: Happy Homes Heights (Ballard) (ZNCV 05-008) Kevin Ballard Prime Property of the Palm Beaches 133 NE 12th Avenue Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet, to allow a minimum lot area of 5,429 square feet, a variance of 57 1 square feet for a proposed single-family residence within the R-2 single and two-family zoning district. N/A N/A N/A ~ City Manager's Signature ~i!..~;;;;;;." City Attorney / Finanee / H"""", R"ome" S:\Planning\SHARED\WP\PROJECTS\Happy Home Heights\ZNCV 05-008\Agenda Item Request Happy Homes Hgts Lot 3 ZNCV 05-008 ] -3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-195 STAFF REPORT TO: Chairman and Members Community Redevelopment Agency and City Commission Michael W. Rumpft\~ L Planning and Zoning Director THRU: FROM: Kathleen Zeitler Planner DATE: December 2, 2005 PROJECT NAME/NO: Happy Home Heights Lot 3/ ZNCV 05-008 REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet, to allow a minimum lot area of 5,429 square feet (a variance of 571 square feet) for a proposed single-family residence within the R-2 single and two-family zoning district. Property Owner: PROJECT DESCRIPTION Prime Property of the Palm Beaches Applicant! Agent: Kevin Ballard Location: 133 NE 1ih Avenue Acreage: 0.125 Acre (5,429 square feet) Proposed Use: Single-family residence Zoning District: Single & Two-Family Residential (R-2) Adjacent Uses: North: N.E. 1ih Avenue right-of-way, and farther north a single-family residence, and a vacant parcel, both zoned R-2 (Single and two-family residential district); South: Three (3) single-family residences on three parcels zoned R-2 (Single and two-family residential district); East: Six (6) unit multi-family residential building on a parcel zoned R-2 (Single and two- family residential district); and West: A new single-family residence on a parcel zoned R-2 (Single and two-family residential district). [sulVey and aerial indicate as vacant but a residence was recently constructed]. Staff Report ZNCV 05-008 Memorandum No PZ-05-195 Page 2 BACKGROUND The subject property is currently an undeveloped lot located on the south side of NE 12th Avenue, west of NE 1 st Street, within the Happy Home Heights subdivision (see Location Map - Exhibit "A'1. Happy Home Heights was platted in 1925 with lots 41 feet by 90 feet (3,690 square feet), which are substandard by current requirements. The applicant has assembled almost 3 lots (lots 3-5 except the east 5 feet of lot 3) and divided the assembled property into two (2) larger and less nonconforming building lots: (58 feet by 90 feet, and 60 feet by 90 feet). The applicant was able to get a building permit for a single-family residence on the lot to the west (the lot 58 feet by 90 feet) because it complied with all the nonconforming lot requirements, per Section 11.1.C.1. of the Land Development Regulations. However, the subject property (lot 60 feet by 90 feet) does not comply with all the requirements for a nonconforming lot, since it does not contain one (1) whole platted lot (the east five feet of Lot 3 was not acquired). Therefore, a variance is required in order to obtain a building permit for the proposed single-family residence on the subject property. The applicant is requesting a variance to minimum lot area to construct a single-family dwelling, which is a permitted use in the R-2 zoning district. The Land Development Regulations require the R-1 regulations to be met for a proposed single-family dwelling in the R-2 zoning district. The subject property complies with all R- 1 requirements, with the exception of minimum lot area of 6,000 square feet (see Survey - Exhibit "('1. The applicant will comply with all other minimum requirements of the R-1 regulations, as indicated below: R-1 Minimum Reauirements Aoolicant's Prooosal · Lot area: 6,000 square feet · Lot frontage: 60 feet · Front setback: 25 feet · Rear setback: 20 feet · Side setbacks: 7.5 feet · Minimum living area: 1,200 sq. ft. · Maximum lot coverage: 50 % · Maximum structure height: 30 feet · lot area: 5,429 square feet · Lot frontage: 60 feet · Front setback: 25 feet · Rear setback: 25 feet · Side setbacks: 7.5 feet · Minimum living area: 1,752 sq. ft. · Maximum lot coverage: 32 % · Maximum structure height: less than 30' ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit "D'1. The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The subject property is considered a non-conforming lot because it does not meet all of the R-2 zoning district regulations, or the R-1 zoning district regulations required for construction of a single- family residence. Section 11.1.C.1, Non-Conforming Lot regulations, allow a detached Single-family dwelling on a non-conforming lot zoned R-1, R-1A, R-2, or R-3, provided that all of the following requirements are met: (1) the parcel contains at least one whole platted lot; (2) the parcel has a frontage of not less than 50 feet, and a lot area of not less than 5,000 square feet; and (3) the parcel complies with all provisions of the land Development Regulations and applicable building code regulations. The subject parcel complies with all of the above requirements, except it does not contain at least one (1) whole platted lot (the eastern 5 feet of Lot 3 belongs to the adjacent lot 2). Therefore, the applicant is unable to use this provision, and is instead required to obtain a variance to Staff Report ZNCV 05-008 Memorandum No PZ-05-195 Page 3 the minimum lot area of 6,000 square feet in the R-1 zoning district in order to build on the lot. b. That the special conditions and circumstances do not result from the actions of the applicant. In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non- conforming, including those in the Happy Home Heights Subdivision Plat. The Land Development Regulations set forth the minimum requirements for the development of a lot. The applicant attempted to meet the zoning requirements by assembling portions of adjacent property, resulting in a much larger lot than originally platted. The lots were originally platted as 41 feet by 90 feet (3,690 square feet each). The subject property is 60 feet by 90 feet (5,429 square feet). The subject property is 19 feet wider, and 1,739 square feet larger than originally platted. The subject property is also 10 feet wider and 429 square feet larger than the minimum lot requirements for nonconforming residential lots. However, due to the shallow lot depth of 90 feet, and the applicant's inability to purchase additional property without making adjacent properties more nonconforming, the lot is 571 square feet smaller than the minimum lot size requirement for the R-1 zoning district. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The subject property is located within the area studied in The Heart of Boynton Plan. The Plan acknowledged that the current zoning code standards, established in the mid-1970's, favor greater lot requirements, which is not typical of older platted neighborhoods located east of Interstate 95. The Heart of Boynton Plan does not state the minimum recommended lot size, but acknowledges the "significant" number of smaller lots of less than 10,000 square feet. The majority of the subdivision is developed with single family homes, including a large portion on original substandard lots. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The Happy Home Heights plat contains many substandard lots by current regulations. The subdivision is developed including a large portion of the original substandard lots. The majority of the vacant substandard lots, which have a minimum frontage of 50 feet and minimum area of 5,000 square feet have since been built upon or are in the process of being developed. City records indicate several similar variances to allow a reduced lot size have been granted in Happy Home Heights subdivision: Lot l1/Block 2 on 3/19/65; Lot l1/Block 8 on 4/5/71; Lot 10, Block 1 on 2/8/82; W 1/2 of Lot 3 and Lot 4/Block 8 on 12/10/84; Lot 2/Block 9 on 9/14/87; and Lots 15 and 16/Block 1 on 4/17/01. The subject property has 60 feet of lot frontage and more than 5,000 square feet, but no longer contains one whole platted lot (contains all but the east 5 feet of lot 3), and therefore may not be developed under the provisions for nonconforming lots. Literal interpretation of this criteria would deprive the applicant the right to develop the property. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The proposed single-family dwelling will comply with all R-1 requirements such as lot frontage, setbacks, minimum living area, maximum lot coverage, and building height, with the exception of a minimum lot area of 6,000 square feet. The subject property is a larger lot than originally platted, and larger than the minimum lot size of 5,000 required for other nonconforming lots. Without the requested variance, the applicant will not have reasonable use of the land. Staff Report ZNCV 05-008 Memorandum No PZ-05-195 Page 4 f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or othetwise detrimental to the public welfare. The Happy Home Heights plat includes many substandard lots by current regulations. The establishment of the non-conforming lots provisions clearly dictates a substandard development regulation, below standards being constructed in newer subdivisions. Approval of the subject variance would not represent a further reduction in the minimum development standards within this neighborhood, and will provide a minimal contribution to the economic value of the area and tax base for the city. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. The applicant provided a statement confirming that adjacent properties are not available to make the subject parcel conforming in order to eliminate this variance request. Both lots 2 and 4 are already developed as nonconforming lots. Lot 2 (parcel 0020) to the east of the subject property is 46 feet by 90 feet (4,140 square feet). Lot 4 (parcel 0041) to the west of the subject property is 57.69 feet by 90 feet (5,192 square feet). If the property owners of Lot 2 or Lot 5 sold any of their property to the applicant, their nonconforming lots would become even more nonconforming to minimum lot size, lot frontage, and setbacks. RECOMMENDATION Staff recommends approval of the requested variance based on the finding of "hardship". Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant. This request will not be injurious or detrimental to the area, and the variance requested is the minimum necessary to make possible the reasonable use of the land. Staff also concludes that approval of the requested variance will not contradict the vision the community has for this area. No conditions of approval are recommended; however, any conditions of approval added by the Community Redevelopment Agency Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval. 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It) ~ ~ '" 0 ~u ~'I''''' ~J2~ ;;; hh ..... ;::; l.( fr) ~~ l'\i It... f....~~ Ct)" If) ~~~ 'G~Q( '-<.0181:::> ~~~ ~,C<: ~"""" ~~~ !-...~~ ~:t::~ t.;:: '-4 C,:) . li)~~~ ~~2:~ ~~~~ ~Q.:\::) ~ ~ Il) >-..' ..(f) "-';: ~ !f) I-...-\!):::; ~~~~~ ~ I-... C) __',,- llC'-"-I'..... I..j~~:l(:" 12~ l;:)~ ~lQ~~lQ ""tI')~h.~ ~..... -.q,-, ~~~~~ EXHIBIT "01 Answers For Variance Questions A. Applicant attempted to meet zoning requirements by assemblage, however the existing shallow depth prevent from meeting the minimum lot area required.In essence special conditions exist and are peculiar to the land. B. The applicant in an effort to develop in the effort property result would constitute an overall upgrade to the immediate neighborhood. C. Because other lands which are substandard have been developed under 6,OOOSF. D. Denying this variance would deprive the applicant of development right of this property. E. The minimwn variance request would allow the building of it a single-family resident which represents the reasonable use of the land. F. Approval of the variance would meet the intent and purpose of the zoning code, it would be consistent with existing characteristics of the neighborhood in- cluding house sizes. G. Applicant could not acquire property on either side of the subject parcel as they are already developed. EXHIBIT "E" Conditions of Approval Project name: Happy Home Heights, Lot 3 File number: ZNCV 05-008 Reference: II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: I. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 1. To be determined. S:\PJanning\SHAREDI WP\PROJECTS\302 W BOynton Beach\ZNCV 05-007\COND OF APPROV ALdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Happy Home Heights. Lot 3 APPLICANT'S AGENT: Mr. Kevin Ballard, Prime Property of the Palm Beaches APPLICANT'S ADDRESS: 550 NW 13th Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 3, 2006 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet, and allowing a minimum lot area of 5,429 square feet for a proposed single-family residence within the R-2 single and two-family zoning district. LOCATION OF PROPERTY: 133 NE 1ih Avenue, Boynton Beach, FL 33435 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 MA TIER 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. 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\Happy Home Heights\ZNCV 05-008\DO.doc Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13,2005 C. 401 North Dixie (Olsson Property) Land Use Amendment/Rezoning 1. Project: 401 North Dixie (Olsson Property) (LUAR 05-013) Jack White Mildred Martin 401 North Old Dixie Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Low Density Residential; and Agent: Owner: Location: Description: Request to rezone from C-3 Community Commercial to R-1 Single Family Residential Proposed Use: Maintain existing single-family home Hannah Matras, Economic Planner, stated staff recommended approval of the request because: · It is consistent with the land use and zoning designations of properties extending south of the subject parcel. · It brings the current use into conformity with zoning and thereby removes an impediment to market transactions and possible revitalization of the area. · The physical attributes of the subject property make its redevelopment unfeasible under current zoning. · It is consistent with the intent of the Comprehensive Plan. Chair Heavilin opened the floor for the public to speak on this item, but closed it when no one came forward to do so. Motion Vice Chair l111man moved to approve the request to amend the Comprehensive Plan Future land Use Map and rezoning as requested (LUAR 05-013). Mr. Myott seconded the motion that passed 5-0. Mr. DeMarco was out of the room. D. Happy Homes Heights (Ballard) Zoning Code Variance 1. Project: Agent: Owner: Location: Description: Happy Homes Heights (Ballard) ZNCV 05-008 Kevin Ballard Prime Property of the Palm Beaches 133 N.E. 12th Avenue Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.E.2.a, reqUIring a minimum lot area of 6,000 square feet, to 14 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida December 13, 2005 allow a minimum lot area of 5,429 square feet, a variance of 571 square feet for a proposed single-family residence within the R-2 single and two-family zoning district. Mr. DeMarco returned to the meeting. Kathleen Zeitler, Planner, made a presentation on behalf of staff. A single-family residence is a permitted use in the R-2 zoning district. Happy Home Heights subdivision was platted in 1925 with lots 41 feet by 90 feet and these lots are considered substandard today. The applicant assembled almost three lots (Lots 3 through 5, except the east five feet of Lot 3, and divided the assembled property into two larger and less non-conforming building lots. He was able to construct one home on the western lot in compliance with the non-conforming lot provisions, which that lot met. The parcel needs to contain at least one whole platted lot, have not less than 50 feet of frontage and not less than 5,000 square feet and meet all the setback regulations. The subject property met all those requirements except it did not contain one whole platted lot. Therefore, the applicant had to meet the current requirements for the R-l zoning district instead of the non-conforming provisions. He proposes to meet all the setbacks, lot frontage, minimum living area, maximum lot coverage and height for the R-1 district. He is requesting a variance of 571 feet from the lot area requirement. Staff believes that literal interpretation of the criteria would deprive the applicant of the right to develop the property. Staff reviewed the criteria necessary to consider a variance and believes this application meets all the criteria. Staff recommended approval of the variance based on a finding of hardship. Vivian Brooks, CRA Planner, recommended approval of the item. The area is one the CRA wants to revitalize with single-family infill in the Heart of Boynton. This is precisely what the CRA should be doing. Chair Heavilin opened the floor for the public to speak on this item, and closed it when no one came forward. Mr. Myott said it was zoned R-2, which would permit a duplex, but he asked for confirmation the applicant wanted to build a single-family home. Kevin Ballard, owner of the subject property, confirmed he wanted to build a single-family home. Motion Vice Chair Tillman moved to approve the request for a variance for Happy Homes Heights (Ballard) (ZNCV 05-008). Mr. DeMarco seconded the motion that passed 6-0. Chair Heavilin welcomed Mayor Taylor and his wife to the meeting. E. Ocean Breeze West New Site Plan 1. Project: Ocean Breeze West (NWSP 05-030) 15 VIII.-PUBLIC LEARING ITEM I. 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 December 6, 2005 November 14, 2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (N.oon) --j 0 [gI January 3, 2006 December 19, 2005 (Noon) 0 March 7,2006 February 21, 2006 ~n) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Nooil)" ---~ ; ~ 0 0 f'''' " Administrative Development Plans "'-t'iGJ NATURE OF 0 Consent Agenda 0 New Business c-~:! ?)~ :'in AGENDA ITEM [gI Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: That Commission approves Resolution 06-_ for a Special Warranty Deed conveying title to Kathleen Thicklin for: CHERRY HILLS, BOYNTON, Lots 269 and 270. The above being the real property described under tax certificate number 11049 in the tax deed recorded in Official Record Book 12021, page 1986, public records of Palm Beach County, Florida. EXPLANATION: Ms. Thicklin, a SHIP applicant, has been pre-approved for a mortgage from a local lender as a participant in the City's SHIP Construction Program. She has been qualified with very- low income and has selected a city-owned lot to build a single family dwelling. PROGRAM IMPACT: A new single-family dwelling will be added to a neighborhood located within the City's target area. Upon approval, this would enable vacant property to become a part of the neighboring homes assisting in the elimination of slum and blight. FISCAL IMPACT: Taxable value added to the City of Boynton Beach of approximately $122,000.00. The vacant lot is valued at approximately $20,000.00, which currently provides no taxable revenue. ALTERNATIVES: None. ~ ~ture ~ City Manager's Signature Department of Development Community Improvement Division Department Name S:\Community Improvement\Agenda Requests\2006\CC1-3 Lot Thicklin.doc I RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE MAYOR AND CITY CLERK TO 6 EXECUTE A SPECIAL WARRANTY DEED BETWEEN 7 THE CITY OF BOYNTON BEACH AND KATHLEEN 8 THICKLIN, A PARTICIPANT IN THE CITY'S SHIP 9 CONSTRUCTION PROGRAM; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, Kathleen Thick]in has been approved for a mortgage from a loca] lender 13 as a participant in the City's SHIP Construction Program, and has selected a City owned lot to 14 build a single-family dwelling to reside in Boynton Beach; and 15 WHEREAS, a new single- family dwelling will be added to a neighborhood located 16 within the City's target area; and 17 WHEREAS, the Commission upon recommendation of staff, has deemed it to be in 18 the best interests of the citizens and residents of the City to execute a Special Warranty Deed 19 between the City of Boynton Beach and Kathleen Thicklin conveying title for the lot 20 described as follows: 21 Lots 269 and 270, CHERRY HILLS, according to a Plat there on file 22 on the office of the Clerk of the Circuit Court, in and for Palm Beach 23 County, Florida, as recorded in Plat Book 4, Page 58. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confinue 28 as being true and correct and are hereby made a specific part of this Reso]ution upon 29 adoption. S:\CA \RESO\Real Estate\Special Warranty Deed - Kathleen Thicklin.doc Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the Mayor and City Clerk to grant conveyance by Special 3 Warranty Deed to Kathleen Thicklin. Section 3. This Resolution shall become effective immediately upon passage. 4 5 PASSED AND ADOPTED this _ day of January, 2006. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor ] I ]2 13 Vice Mayor ]4 15 16 Commissioner ]7 ]8 ] 9 Commissioner 20 2] 22 Commissioner 23 24 25 City Clerk 26 27 (Corporate Seal) 28 29 30 31 32 33 S:\CA\RESO\Real Estate\Special Warranty Deed - KatWeen Thicklin.doc HIlS INSTRUMENT WAS PREPARED BY JAMES A CHEROF, ESQUIRE P,O Box 310 Boynton Beach. FL 33425 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of January, 2006, between THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, (hereinafter referred to as "Grantor") and KATHLEEN THICKLIN, a single woman, whose address is Florida (hereinafter referred to as "Grantee"). WIT N ESE 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's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to wit: Lots 269 and 270, CHERRY HILLS, according to a Plat there on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, as recorded in Plat Book 4, Page 58. Together with all 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 will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. S:\CA\Departments\Community Redev\Special Deed -Kathleen Thicklin.doc Page 1 IN WITNESS WHEREOF, Grantor has caused this Deed to be executed by its duly authorized officer the day and year first above written. Signed, sealed and delivered In our presence: Witnesses: CITY OF BOYNTON BEACH Signature By: Kurt Bressner, City Manager (Type or print name) Approved as to Form: Signature City Attorney (Type or print name) STATE OF FLORIDA ) ) ss.: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this _ day of January, 2006, by Kurt Bressner, as City Manager of THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, on behalf of the corporation, who is personally known to me, and who did not take an oath. My Commission Expires: NOTARY PUBLIC (Type or print name) S:\CA\Departments\Community Redev\Special Deed -Kathleen Thicklin.doc Page 2 FROM : R PHONE NO. : 5616554075 Dec. 02 2005 01:35PM P2 SUMMARY OF LOAN TRANSACnON- PUBLlCIPRIVATE SUBSIDIES TODAY'S DATE: APPUCANT(S): PROPERTY ADDRESS: LEGAL DESCRIPnON: lJDvcz.~bEr 2~ 2..005 ' ~#l teCh ,--rh:k:k 1,Y1 ~'it ' 6oy~,~~~ TRANSACTION SUMMARY FIRST MORTGAGE AMOUNT: ' LENDER: LOAN TYPE: RATE: L1V: SECOND MORTGAGE AMOUNT LENDER: LOAN TYPE: THIRD MORTGAGE AMOUNT: LENDER: LOAN TYPE: APPUCANT FUNDS: PRE-PAIDS: ESCROWED FUNDS: ' PAID CLOSING: $ 45JD6'O""" , eVe.., ' , , 36' '~<- ' F=, \~L/' · '5. 0, ,. " S'1' ~/o -ll o+:t!!t::'~f]'2ctJi c>oo) $ $ , 4)~,'1' C:\noeuments and Settings\Wanda\Local $ettin~\Tempc:irary Internet Files\oL,K1\SUMMARV OF LOAN TRANSACTION.doc ' ~ . NOTICE OF INTENT TO SELL REAL PROPERl J NOTICE IS HEREBY GIVEN that the City of Boynton Beach, Florida has determined to sell the following described property: CHERRY HILLS, BOYNTON, lots 269 and 270. The above being the real property described under tax certificate number 11049 in the tax deed recorded in Official Record Book 12021, page 1986, public records of Palm Beach County. Florida. The sale of property is for public purpose pursuant to an agreement entered into between the City of Boynton Beach and Kathleen Thicklin. Further information, as is available. may be obtained from Community Improvement in the West Wing of City Hall. located at 100 E. Boynton Beach Blvd., Boynton Beach, Fl 33435. The City Commission of the City of Boynton Beach shall hold a public hearing on the proposed sale at their regular City Commission meeting January 3, 2006 at 6:30 p.m. in Commission Chambers, City Hall. Contact Octavia S. Sherrod at 742-6066. 1lfl~@~Ol!?~@ Nav - 8 2005 IlIIIcp~~~~~/rY ""EN; Copy to: City Commission, Fol.der, Original. City Attorney, Oct ~herrod' Agenda to Legal. Ads Fil.e ~a 51 IIIIIIIIIII11111111111 Coullly Deed Flori<b SI_ Section 125 .411 02/20/2003 14113107 2OOJO(ICJ6639 OR BK 14821 PB 1803 Pal. Be.ch County, FlaTid~ Dorothy H. Wilken, Clerk RRTURN m: STBVEN K. SCHLAMP PALM BRACH COUNTYFACIL. DEVEL. .lOPER. DBPT. PROPERTY &. REAL ~TE MANAGIlMENTDlVISION 3323 BBL VEDERE RO;\p~UILDING S03 WEST PALM B~"3Jf06-1548 '\/~t PARCELCONTRdtt.' ;; : 08-43-4S-21-1oHlOO-2690 ,~.".. ") 't, -----:/ , 0 \C>:'> COUNTY DEED \(~. tT'\\, THIS~, de FER' 4. ,byPALMBEACHCOUNTY,FLORlDA, a political subdivision ~~ 1tate of Florida. whose legal mailing address is 301 North Olive Avenue, West Palm Beach, F10n"~~1-4791, party of the first part, and the CITY OF BOYNTON BEACH, a municipal corporation, ~elegal mailing address is 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, FL 33425-0~yL..~ of the second part. 'kQ WIT N E S S E'T1I:-'i'fbat the said party of the first part, for an in consideration of the sum ofTen and 00/100 (SI0.00) Do~:t\1;~ hand paid by the party oftbe second part. the reccipt whereof is hereby acknowledged. has gran~"f,'6lirgained and sold to the party of the second part, its successors and assigns forever, the following descn~d lying and being in Palm Beach County, Florida: -r(>0) CHERRY HILLS, BOYNTbN: L..QTS 269 AND 270. THE ABOVE BEING THE REAL PROPERTY DESCSRIB:. ER TAX CERTIFICATE NUMBER 11049 IN THE TAX DEED REeD -Ur...J OFFICIAL RECORD BOOK 12021, PAGE 1986, PUBLIC RECORDS OF P~ ~CH COUNTY, FLORIDA. ~/_A". \( ~;'7 ReseTVing, however, unto party of the first pUv"~essors and assigns an undivided three-fourths interest in. and title in and to an undivided ~~st in, an the phosphate, minerals, and metals that are or may be in, on, or under the said land an~' ~.!J.ded one-half interest in aU petroleum that is or may be in, on, or under said land. The aforemen ~ Cd reservation of phosphate. mineral, metals and petroleum rights shall not include and party of the fi ~rebY expressly releases any and all rights of entry and rights of exploration relating to such PhOSP~r~~' metals and petroleum rights. ;.#1/')"- r "",~ 'l;'-' IN WITNESS WHEREOF, the said party"M the fIrSt part has caused these presents to executed in its name by its Board of County Commissioners a(~y the Chair or Vice Chairman of said Board, the day and year aforesaid. ~,:;::.)~ (C-j", PALM BEACH CO~~3l'~RIDA, a Political Subdivision bi~ of Florida (' J: ,-"1\ BOARD 0 C ~SIONERS By: ~.:..1.- t. ~~ ~ ~1iit ' Deputy Clerk I 4~'" ....... arcus, 14.{ ~~ BE.4~ \ \ ~! COUNTY (<l&!UICIAL SEAL) ~\ FLORID" ..~ APPROVED AS TO FORM .d........._.......Co~"j. AND LEGAL SUFFICIENCY "'~",,\\\~.7 R2003 0177 ArrEST: DOROTHY H. WILKEN, Clerk ~~ G:\I'nlpcrty loIsm1 SectIonlDil)lOl1lion.\Boynton 1laA:hJlaJI2002lCuuntyOeell.CMyeyToBoyntonBeal:h.4nftO.OJ0703.wpd ~ JIl,! IX. - CITY MANAGER'S REPORT ITEM A INTER-OFFICE MEMORANDU UTILITIES DEPARTMENT COMMISSION AGENDA - CITY MANAGE ' To: Kurt Bressner, City Manager From: Kofi Boateng, P.E., Director of Utilities Date: December 28,2005 Subject: City Manager's Report on Utility Capital Fees and Rate Pursuant to the November 2005, commission enquiry, please find the followi update of the utilities Reservation, Capital Facilities, and the User Rate Stud Reservation Charaes Short-Term Basis · Utilities has worked with others and taken measures to close the payment of fees. Most of the developers have become c payments, but there are still a few outstanding, notably the A Dixie projects. A suggestion has been made to revoke concu payment is made. · Utilities has reviewed current administrative rules and codes items that will need to be modified as part of a rule changing the process. Long-Term Basis · Utilities has initiated a revision of the existing code, with the g a new one, for Commission Approval, that will more effective I pa~ment concerns. A request for changes was sent to the Cit 19 ,to start this process. Capital Facilities Charaes Background · Capital Facilities Charges are restricted to the payment of cos capacity expansions only. These fees can be collected in adv expansion-related costs, or can be based upon anticipated de related to expansion. The Capital Facilities charges cannot b improvements or repairs that do not result in additional capacit Preliminary Study - April 2005/Current Status · In the Draft rate study received from CH2MHill in April 2005, th Facilities Charge was estimated to be $920 per equivalent dw equivalent dwelling unit (EDU) being equal to a one-bedroom home). This value was based upon an anticipated expenditur for capacity expansion, which was the best number available a However, since April the City has conducted a business case review additional capacity expansion options. Those options h finalized, and will not be finalized until refined population projections are received from FlU, which are expected in March 2006. Once the population figures are received, both the capacity expansion option and the capital facilities charge can be finalized in short order. The value in the draft report is virtually identical to the $933 per equivalent dwelling unit now in effect. · The Draft rate study also reviewed the Sewer Capital Facilities Charge. In April, the only recognized expansion-related sewer costs were those for the lift station 356 basin, which were estimated at $6,310,000. Additional capacity costs for the regional wastewater plant, or expansion of the reclaimed water system were not specified at that time. Yet, even without those costs, the sewer capital facility charge was estimated as increasing from the current value of $166 per EDU up to $961 per EDU. As with the water figures, we will need the finalized population projections, and also have to factor in any anticipated expansion-related costs from the regional plant and/or reclaimed water system that are eligible. Impact of the Charges · The City will remain very competitive with other growing utilities in this area, based upon the magnitude of capital facilities charges that were estimated in the April 2005 draft report. The final report will include a comparison of these fees with other utilities. User Rate Charaes Study · Utilities reviewed historical annual reports generated by consultants to see if there is a potential need to modify fees. There is definitely a need to modify fees, as was predicted in the April 2002 draft rate study report by COM. For this reason, the City authorized CH2MHiII to proceed with a new rate study in late 2003. That study was received in draft form in April 2005, as identified in previous paragraph, and has been on hold awaiting the Business Case Evaluation (BCE) results, and now the population study results. As previously noted the population study is underway by Florida International University (FlU) and scheduled to be completed in the first week of March 2005. The funding of future capital needs was shown to have a significant impact on rates, in the draft study report. · In an outline, the rate study will look at the cost of services both now and for the next 5 years, at a minimum; Present and future income needs; renewal and replacement costs; debt service coverage, etc. The study will also review the capital facilities fees to assure that new growth will cover the cost of expansions. IC,\--:~~~~",. ~ - _.::c~. "- -- - -~':::~~--:~ :.. . ...:.:..---:-:--... ~---.~~ eo -=:.-=.~-:=-~:::, COo:'; J-= _~~, l'~'rO N $ XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORnI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CIty Clerk's Office Meeting Dates in to City Clerk's Office [8J December 6. 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) -r;.. b /e-d 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2], 2006 February 6, 2006 (Noon) Dn January 3, 2006 December ]9,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 2 I, 2006 March 6, 2006 (Noon) NATURE OF AGENDA ITEM 0 Administrative 0 Development Plans 0 Consent Agenda [8J New Business 0 Public Hearing 0 Legal -- ~--? --j _~J ~ ~. 0 0 -.- " Bids Unfmished Business ..-..,;-- " C:) 0 Announcement 0 Presentation 0;:---:::: "'J ,-'-' 0 City Manager's Report (.,.] .~C.... ~:'::r .-'""-- -.-:...,... ,-, RECOMMENDA TION: Please place this item on the December 6,2005 agenda under New Business !)? =;.; :~ '? (=) ~': EXPLANATION: On November l, 2005, the Palm Beach County Housing and Community Development Departmeilfi{':; requested that the City otBoynton Beach to "Identify commercial land suitable to twenty (20) to fifty (50) travel trailers -L. and/or mobile homes." This was a prelude to the establishment of a Temporary Housing Operations Center (THOC) to facilitate the placement ofFEMA travel trailers and mobile homes on private property as a way to provide temporary housing to persons displaced by hurricane damage to their dwellings. In order to implement this program, however, it is first necessary for a policy decision to be made regarding whether travel trailers and mobile homes will be allowed as accessory structures on individual residential lots or concentrated in selected locations away from single family neighborhoods. PROGRAM IMPACT: The ability to assist FEMA in locating travel trailers and/or mobile homes, either concentrated on vacant sites or in the yards of individual homeowners, is an important step in assisting the community in recovering from this and subsequent hurricanes. FISCAL IMPACT: N/A .iC-P "AS"'" Po ---\N^. \er- AL TERNA TIVES: The city could decline to be a T~ site and not allow for the temporary placement of mobile homes and travel trailers in the cit . j~S;~'M' D Department of Development City Attorney / Finance / Human Resources S:\DULLETJN\FORMS\AGENDA ITEM REQUEST FORM DOC MEMORANDUM To: Kurt Bressner, City Manager Quintus Greene, Development Director ~<J? November 22, 2005 From: Date: Re: Boynton Beach as a THOC Site As you know the Building Division of the Development Department is responsible for the post hurricane inspection of properties in the city to determine their structural and environmental suitability for human occupancy. As such the department staff is acutely aware of the hardship experienced by residents, in particular, when their homes are determined to be uunsafe." It is for this reason that, whenever possible, the city's building inspectors designate areas as urestricted" (yellow tags) and only use the "unsafe" (red tags) when there is clear evidence of a threat to public health and/or safety. To date there have been approximately 126 properties declared "unsafe", including multi-family and trailer units. Of these ured tagged" units, approximately 27 are single- family homes in various parts of the city. Although the number of unsafe units may be reduced as a result of re-inspections following interim repairs, the need for temporary housing for residents in the remaining unsafe units continues to exist. It is our understanding that the purpose of the proposed Temporary Housing Operations Center (THOC) would be to facilitate the placement of FEMA travel trailers and mobile homes on private property as a way of providing temporary housing to city residents and others displaced by hurricane damage to their dwellings. The implementation of this program, however, requires a policy determination by the City Commission as to the location of these travel trailers and mobile homes for the 18 to 24 months FEMA is allowing for displaced residents to make the necessary repairs to their property. On November 4, 2005, in response to a request from the Palm Beach County Department of Housing and Community Development, staff provided a list of nine (9) vacant sites that, with the approval of the property owners, could possibly serve as temporary locations for FEMA trailers. Staff supports the concentration of these travel trailers and mobile homes on one or more of these, or other temporarily vacant parcels. Staff would recommend, as a first option, a city owned vacant site that would insure better control and minimize potential problems with other property owners. Within existing staffing and legal constraints, the department is prepared to do whatever it can to assist in finalizing specific locations and facilitating the temporary placement of travel trailers and mobile homes on these sites. THOC Page 2 As an alternative to their concentration on selected sites the City Commission could allow individual property owners to locate travel trailers and mobile homes as "accessory structures" adjacent to their existing home in residential neighborhoods. Although this alternative may be favored by some property owners, staff has serious concerns arising from the fact that the "temporary" location of travel trailers or mobile homes on existing single family sites would set a precedent that could have long term negative consequences for the quality of life in residential neighborhoods throughout the city. At present, persons are not allowed to reside in trailers and mobile homes on site during ordinary home renovations because, once the trailer is in place, it becomes a lengthy and difficult process to get it removed. Moreover, in the past such trailers have tended to become "guest rooms" for visiting friends and family. Staff is concerned that aside from the technical issues associated with insuring that sewer, water and electrical hookups are code compliant, allowing trailers and mobile homes in existing residential neighborhoods will not only undermine this established position, but also generate complaints from neighbors. Nevertheless, regardless of which policy option is selected, the City Attorney's Office has advised that, Chapter 166.041 F.S. requires the City Commission to formally amend the city's Zoning Code to allow temporary emergency housing in the form of travel trailers and mobile homes in selected zoning districts upon the declaration of a housing emergency by the Commission. This means a public notification and two readings of an ordinance. In the interest of time, this can be done concurrently with the ordinance declaring the housing emergency. Nevertheless, given the current Commission schedule, it is unlikely that this process can be completed prior to the first City Commission Meeting in January 2006. It should also be noted that, since the City of Boynton Beach does not "waive" any connection and permit fees associated with the placement of these trailers and mobile homes, as has been requested by the County, it will also be necessary for the City Commission to designate a source of funds to cover the permit costs. DRAFT Hurricane Wilma - Possible Temporary Housina Sites The following are selected vacant sites in the City of Boynton Beach that either do not currently have development plans or sites that do have approved development plans but mav not be under construction for another 18 to 24 months. 1. Gulfstream Lumber Site - West side of Federal Hwy. at Woolbright. Approximately 15 acres. Privately owned (Epic Properties 407-644-9055). Site clearance required. Utility infrastructure on site, public transportation and convenient shopping & services nearby, 2. Former Boynton Terrace (East) Site - East side of Seacrest at N.E. 7th Ave. Approximately 5 acres. Privately owned (Lamar Realty 561-736-9790). Site cleared. Utility infrastructure on site, public transportation nearby. 3. Winchester {Knuth} Site - South side of Boynton Beach Blvd. at Knuth Road. Approximately 12 acres. Privately Owned (561-241-0300). Required site clearance would involve the removal of native trees triggering environmental issues. Utility infrastructure nearby. Public transportation, shopping and services nearby. 4. Optimist Park Site - South side of Miner Road and East of Congress Ave. Approximately 14 acres. City owned. Site clearance required. Limited access, no significant environmental issues on site but possible NIMBY issues from adjacent residential developments. 5. Publix Distribution Site - Park Ridge Blvd. in the Quantum Industrial Park. Approximately 20 Acres. Privately owned (863-616-5743). Cleared with utility infrastructure on adjacent parcel. Within walking distance of public high school. Access limited by Publix security requirements. 6. Public Safety Building Site - East side of High Ridge Road at Gateway Blvd. Approximately 7 acres. City owned. Site clearance required with utility infrastructure nearby. Within walking distance of Tri-Rail Station. 7. Boynton Dixie Site - North side of Gulfstream Blvd. west of Dixie Hwy. Approximately 9 acres. Privately owned (561-272-2800). Required site clearance would involve the removal of gopher tortoises triggering environmental issues. Utility infrastructure, public transportation and services nearby. 8. Bible Church of God Site - West side of Sea crest at the C-16 Canal. Site size not determined. Privately owned (561-271-1846). Cleared site with utility infrastructure and public transportation nearby. Possible NIMBY issues from adjacent residential development. 9. Palm Beach Memorial Park Site - West Side of Seacrest south of Hypoluxo. Site Size not determined. Privately owned parcel in the county adjacent to the Boynton Beach city limits. Public transportation nearby. POSSIBLE TEMPORARY HOUSING SITES .... . . ; . ; .. ! i........................ f:" - .t - laLAN'.) l' . . .:OJ~1 i 1iff: -:;;f.:rff / . )f.~l~/r.:/ ..' s 1,050 2,100 4,200 6,300 6,400 Feet Julfstream Lumber site 2. Former Boynton Terrace (East) site 3. Winchester (Knuth) site 4. Optimist Park site 5. Publix Distribution site 6. Public Safety Building site 7. Boynton Dixie site 8. Bible Church of God site 9. Palm Beach Memorial Park site CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORil'J. XI. - NEW BUSINESS ITEM A. , Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17. 2006 (Noon) 7/+ b I e...& . 0 December 20, 2005 December 5,2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) 1&1 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon) 0 January 17,2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (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: Please place this item on the December 6, 2005 agenda under Legal Ordinances First Reading EXPLANATION: The City's Comprehensive Plan addresses the issue of mobile homes in the city, however, the Zoning Code does not formally allow them to be located in any zoning district. In addition, while Chapter 20 of the City's Code of Ordinances does address travel trailers, they are prohibited from being occupied while located on private property. As a result, the city has no provision allowing for the temporary location ofFEMA travel trailers and/or mobile homes anywhere as emergency housing for residents displaced from their homes by the most recent hurricane. The purpose of the attached Ordinance(s), therefore, is to comply with the provisions of Chapter 166.041 of the Florida Statutes and provide the City Commission, pursuant to the declaration of a local "Housing Emergency," with a means of allowing for the temporary placement ofFEMA travel trailers and mobile homes on private property in the city. PROGRAM IMPACT: The location of FEMA travel trailers and mobile homes, as conditional uses in various zoning districts during a declared housing emergency, will provide relief to persons displaced from their homes due to a natural disaster. FISCAL IMPACT: N/A ALTERNATIVES: In the absence of the proposed ordinance(s) FEMA travel trailers and/or mobile homes may not legally be located in any zoni i trict in the city during an emergency. Department of Development City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. o=>~ 013 2 3 4 5 AN ORDINANCE OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH DECLARING A 7 HOUSING EMERGENCY AS A RESULT OF THE 8 IMPACTS OF HURRICANE WILMA; AMENDING 9 THE CITY OF BOYNTON BEACH'S LAND 10 DEVELOPMENT REGULATIONS TO PROVIDE FOR 11 THE PLACEMENT OF MOBILE HOMES AND 12 TRAILERS IN RESIDENTIAL AREAS AS 13 CONDITIONAL USES; PROVIDING FOR 14 CONFLICTS; PROVIDING FOR SEVERABILITY; AND 15 PROVIDING AN EFFECTIVE DATE 16 17 WHEREAS, the State of Florida, Palm Beach County, and the City of Boynton 18 Beach declared a state of emergency related to Hurricane Wilma; and 19 WHEREAS, the impacts associated with Hurricane Wilma created a state of 20 emergency in the City of Boynton Beach, and the City of Boynton Beach does hereby 21 declare that an emergency exists regarding emergency housing needs resulting from 22 Hurricane Wilma; and 23 WHEREAS, the devastation created by the hurricane has caused damage to all types 24 of dwellings in the City of Boynton Beach, and as a result citizens and residents are seeking 25 housing assistance from the Federal Emergency Management Agency; and 26 WHEREAS, due to the damage to dwellings within the City, the City Commission 27 finds it necessary to declare a housing emergency in order to allow residents and citizens to 28 avail themselves of other temporary housing options; and 29 WHEREAS, this is an emergency condition, constituting an immediate threat to the 30 life, health and safety of the citizens of the City and it is necessary to assist the citizens and 31 residents of Boynton Beach with this housing emergency. S:\CA\Ordinances\Housing Emergency (Declaration) QG ,evl 13005 doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 2 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 3 Section 1. The foregoing "Whereas" clause is true and correct and is now ratified 4 and confirmed by the City Commission. 5 Section 2. As a result of the impacts from Hurricane Wilma which struck the City 6 of Boynton Beach on October 24, 2005, the City Commission finds that there has been 7 significant damage to dwelling units within the City of Boynton Beach. As a result of the 8 damage, many citizens and residents are faced with the possibility of being displaced from their 9 residences while repairs are made to the residence. Therefore, the City Commission finds that 10 there is a housing emergency in the City of Boynton Beach, and the City Commission desires 11 to provide for the ability for residents and citizens to provide for alternative housing during the 12 time tills housing emergency is in effect. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Section 3. That Part Ill, "Land Development Regulations", Chapter 2, "Zoning", is hereby amended by enacting a new Section 11.3, "Emergency Housing", to read as follows: Section 11.3 Emergency Housing. A. In the event a housing emergency is declared to exist by the City Commission following a natural or man-made disaster, and subiect to the conditions contained in tills Section, temporary structures such as mobile homes, travel trailers and recreational veillcles may be used as temporary housing by individuals who have been displaced from their primary residence due to damage from the disaster. B. The following conditions shall apply to the use and placement of temporary structures such as mobile homes, travel trailers and recreational veillcles placed on properties only after the City Commission declares a housing emergency following a natural or man-made disaster: (1) A maximum of one (1) travel trailer/mobile home/recreational vehicle for the sole occupancy by the existing residents of the damaged home, will be allowed on an existing home site providing the following conditions exist on the site: (a) The home located on the site has been S:\CA\Ordinances\Housing Emergency (Declaration) QG revl13005.doc 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 3. declared "unsafe" by the City's Building Official or designee. (b) The sanitary sewer must be properly connected to the City's sanitary sewer system in accordance with codes in effect at the time. (c) Electrical service must be available on site and have a proper connection for a travel trailer/mobile home/recreational vehicle. (d) Only a licensed mobile home installation Contractor will be allowed to apply for a permit and perform any work related to the connection of plumbing and electrical service systems to the site. (2) Setback requirements shall be complied with to the extent possible; (3) All other applicable regulations and code requirements, except parkin,g, shall apply, includin,g, but not limited to, flood plain mana,gement. (4) The use of mobile homes, recreational vehicles, or travel trailers as temporary residences in a zoning district where such use is prohibited prior to the declaration of the housin,g emer,gency shall cease either upon the repair or reconstruction of the individual's residence or no later than 18 months after the date the City Commission declares a housing emer,gency, whichever occurs first; (5) Housing sites for multiple temporary dwellin,g units established by the Federal Emergency Mana,gement A,gency and approved by the City Commission, may be established in any zonin,g district; (6) Legal and proper disposal of all sanitary sewer and stormwater is required; (7) Water and/or sewer connection to previously unserved locations will require permits and the payment of applicable connection fees. All laws and ordinances applying to the City of Boynton Beach in 40 conflict with any provisions of this ordinance are hereby repealed. 41 Section 4. Should any section or provision of this Ordinance or any portion 42 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 43 affect the remainder ofthis Ordinance. S:\CA \OrdinancesIHousing Emergency (Declaration) QG rev I] 3005.doc 3 Section 5. Authority is hereby given to codify this Ordinance. 2 Section 6. This Ordinance shall become effective immediately upon adoption. 3 FIRST READING this ~ day of December ,2005. 4 SECOND, FINAL READING AND PASSAGE this _ day of , 2006. 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 S:\CA\Ordinances\Housing Emergency (Declaration) QG revl13005.doc 4 SL' 1":~ ';.. ~ . "'-.. / . \ " .1 l'!;., l:r '0" ; (; ;.;~';:; ;"~~ \7 ," , KII. - LEGAL ITEM A.I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office o December 6, 2005 o December 20, 2005 rgj January 3, 2006 o January 17, 2006 November 14,2005 (Noon.) o February 7, 2006 o February 2 I, 2006 o March 7, 2006 o March 21, 2006 January 17,2006 (Noon) December 5, 2005 (Noon) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) January 3, 2006 (Noon) March 6, 2006 (Noon) L'J r[i C~) ) NATURE OF AGENDA ITEM o Administrative o Consent Agenda o Public Hearing o Bids o Announcement o City Manager's Report 0 ---........; Development Plans 0 'J New Business --~,~ rgj Legal 0 Unfmished Business ~~- '...;.) 0 Presentation :1_." C., .__", c.~:' -~~~ ~::> l"ic-J RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal, Ordinance - First Reading on December 6,2005. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-185. EXPLANATION: PROJECT: Spotts Abandonment (ABAN 05-007) 805 North Federal Highway Daniel Spotts Miami Aqua-culture, Inc. 805 North Federal Highway Request for abandonment of a portion of a 20-foot right-of-way west of North Federal Highway abutting the Federal East Coast Railway. AGENT: OWNER: LOCATION: DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Dev"opm'n~e k~ City Manager's Signature ~~to, City Attorn,y / Finan" / Hwrum R"omce, S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\ABAN 05-007\Agenda Item Request 805 Spotts Aban (ABAN 05-007) 1-3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 05- Dfo(P AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF THE TWENTY (20) FOOT RIGHT OF WAY WEST OF NORTH FEDERAl. HIGHWAY ABUTTING THE FEDERAL EAST COAST RAILWAY (ABAN 05-007), SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Daniel Spotts, is requesting the abandonment of a portion of the twenty (20) foot right-of-way alley lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71 of the public records of Palm Beach County, Florida, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City's Community Redevelopment Agency, and the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject right-of-way would no longer serve a public purpose and with the establishment of an easement, the limited use of the alley for utility purposes would be preserved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the twenty (20) foot alley lying west of 805 North Federal Highway and abutting the Federal East Coast Railway west of Block I of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71 of the public records of Palm Beach County, Florida, subject to staff comments, and more particularly described in the attached Exhibit "B." A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. S:\CA\Ordinances\.Abandonments\Spotls 20 foot r-o-w,doc 1 2 FIRST READING this ~ day of beceMbet' ,2005. 3 4 SECOND, FINAL READING AND PASSAGE THIS _day of 5 2005. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor 11 12 13 Vice Mayor 14 15 16 Commissioner 17 18 19 Commissioner 20 21 22 Commissioner 23 ATTEST: 24 25 26 City Clerk 27 28 S:\CA\Ordinances\Abandonments\Spotts 20 foot r~o-w,doc DISCLAIMER KNO\V ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of the twenty (20) foot alley lying west of 805 North Federal Highway and abutting the Federal East Coast Railway west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71 of the public records of Palm Beach County, Florida, subject to staff comments, and more particularly described in the attached Exhibit "B". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of December, 2005. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of December, 2005. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\Spotts 20 fool r~o~w.doc .~, 1 inc 12741eel EXHIBIT "A" LOCATION MAP EXHIBIT "8" SURVE) \- :g k.. cL ~ IJ\ ~ ) t= La. R.1Q!~I~t1~I /(;.\, L Rot.. 0 I c;?6 g 1bJ-lT -oF"" - WA ( ~~ ~ : 2 8- - ~ DL _ \is -~ th .. \..) ~ ~ .~ ~ Z " · LAP RJJNO Itl 1,\2 'I .' / .. \.. f? Z IOZ, II / Nu]" 20'4/ EO . I rDtJr-JP Ill' I.~ 'r LAf' l-l7 ZIOL., 13t?, f38' ~ -- -- 101(0.1 ~UARE PEET , .2=' Rf<:,J.j-r -or:: - WAY P!"R PLAT ~\ . ~-~"'---~----------- '/,~-----~-'t,_________________ [;Xf.3TrI'-Jb C. L, F ~~ __ __ t7T '-lIVE Lor r7 SUBJECT ABANDONMENT ~---- <%.. . LltJ~/ . 7~/, i,01.., L 'l ~cL -tf) lJ~ t.r:'.. '''1 Ie ~ (:() I..A/ D<::> fl"L.~K I ~O1O ZO'd, W \u ~~ aj\ - - :r- - o::r ~ 0- l\) f\J\ ~.19 t --- -- c/ ':J~ ~17 ~~ Cuo,cc: ~ - w-r 11 [3. LO~ I rvYNTDt0 lAKf. A1701l10tJ ID t?/ _. -" Pi7 II [(;:7 lJoe11~ L.I tJ~ -~ I,/crf:-r lIP g r B I..o<'-K I ~ .' . <10.. Jd\~lI -'--- s:: \J\ () \) ~\ // ut'JE: r;1o,OO' ~\\J "),JAY (t--l?RTH FEP~RAL Pitt!:' H IG-t' HI(.,~lJAY I N~ DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-185 TO: Chair and Members Community Redevelopment Agency Michael W. RumPf{\O~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler Planner DATE: September 26, 2005 SUBJECT: Abandonment Request of the Alley west of 805 North Federal Highway ABAN 05-007 NATURE OF REQUEST The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs north and south adjacent to and parallel with the Florida East Coast (FEC) railroad. The portion requested to be ahandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in :. Per the survey submitted with the application, the platted alley segment is legally described as follows: A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as follows: Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot 17, Block 1. It is important to note that the legal description on the survey submitted incorrectly states that the width of the right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground improvements, footers, foundations, or utilities have been located or shown on the survey. rhe Location Map (see Exhibit "A") shows the general vicinity of the public alley right-of-way to be abandoned. The )roposed Abandonment (see Exhibit "B") depicts the exact location of the subject site and its boundaries and legal jescription. The following is a description of the land uses and zoning districts of all properties that surround the ;ubject portion of the public alley right-of-way. North - A portion of the 20-foot alley located to the rear of lot 16 (a vacant 0.12 acre lot zoned C-4) ; South - A portion of the 20-foot alley located to the rear of lot 18 (a 0.56 acre lot zoned C-4 used for vehicle repair); Page 2 Memorandum No. PZ 05-185 ABAN 05-007 East 805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat) zoned C-4 (applicant's property); and, West - A 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railway. BACKGROUND The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F.E.C.) Railway, several 50-foot and 66- foot wide rights-of-way, and several 15-foot wide and 20-foot wide alleys. The plat also contains a reversionary clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent properties. Re-development or expansion of the adjacent property following abandonment requires the property owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes. On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City. Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site plan modification which complies with all applicable Land Development Regulations. City records indicate that portions of the public alley located north of the subject property have been abandoned by the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement dedication. ANALYSIS When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property owner. The applicant requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot 17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The applicant could try to obtain the additional property from Florida East Coast Railway. Page 3 Memorandum No. PZ 05-185 ABAN 05-007 ..1\ summary of the responses from the city staff is noted as follows: CITY DEPARTMENT j DIVISION Public Works / Engineering No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Development / Planning and Zoning No objection to requested abandonment Support Abandonment with Dedicated Easement or a Revocable License Agreement Recreation & Parks / Parks No objection to requested abandonment Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as follows: PUBLIC UTILITY COMPANIES Florida Power and Light Bellsouth Florida Public Utilities Company Cable Company (Adelphia) Cable Company (Comcast) No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment No objection to requested abandonment NjA Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section 4, of the Land Development Regulations. All public utility companies have been notified and the abandonment request has been advertised in the local newspaper. Comments from the City Engineer j Assistant Director of Public Works regarding the abandonment state that there is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be retained as a utility easement (a minimum of 12 feet in width). The City Public Works j Utilities Department typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City Engineer is a Revocable license Agreement which allows the subject property to be leased. The Revocable license would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned. RECOMMENDATION Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the subject property with additional paved parking for his business, he would rather own the property, not lease it. Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment Aop.ncy Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\Staff Report (ABAN 05-007).doc .+, 1 in.= 127.4f8el EXHIBIT "A" LOCATION MAP 1)/ _____1r _ --- ---- - ~":1 ~ = 2 8- - ~ c::,[ _ liS -g ~ \) ~ ~ o~ \'IJ ~ ~ ~ 2. -- \-- s ~ cL ~ Lt N t:Jt.H/fj/ r "B" SURVE ) ~:ST .:(OA~T RAIL~AD I c;7c> ~161-1T -op- hlA y I==L~R/DA ,I 'LAP fOUNO Itz. 1.r2j '!~!7ZIOZ- ',,, f NCTJ 2041 E ~., ~LI~~C . ~~~ ... 1,01 t1 'l _, ~Q..:. - ~ ~~ Lo--r Ie ~ ~ ~L~K I , , ,~~ J <!\\o<-t 11 -'-- . I toLJr-JP I\t I.~ r LA P l-r;> ZIOl-1 ~,138' . SUBJECT ABANDONMENT /01(0.1 7QUARE PEET , ~ RJGt-I-r-OF_WAY PJER fXt3Tr1-Jb L'. L . F ~ t.7r L./tJ& Lor r7 90"9 t -1oI 11 ~ LocK I BoYtJTe>t0 LAKf. AODI-rlotJ 10 p~ 1\ F'h.1\ I?OIOO' ~I\J ~-- \u -~ &j\ - - -:s- - ~:r~ g) \f) --- -- AL '11~~IJAY'l .' .'I~"WA'( (t-l?R11I Fep~R. 11 J PI)(\ E tI '" N ~ _lVoerW Llt-J~ ~ -~ Ii) Loi:, ICP () r Blo~K ~ ~ \J\ l:::\ If- ~\ L.ltJE..-/' ~ EXHIBIT "C" Conditions of Approval Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway File number: ABAN 05-007 I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: I. Dedication of a Utility Easement for City utilities within the right-of-way to X be abandoned is required. -- ~~---_.- 2. No structures or landscaping shall be placed within the confines of the X required utility easement without the express written consent of the Engineering Division of Public Works. 3. The legal description needs to be corrected to read as follows: X "A 20-foot (not 25-100t) right-of-way lying west of Block 1 . . . 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 4. The dedication of the utility easement shall occur prior to the second reading X of the ordinance. PUBLIC UTILITY PROVIDERS Comments: None ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 5. To be detennined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be detennined. S:\Planning\SHAREO\WP\PROJECTS\306 888, ABAN 04-005\COAdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 805 North Federal Highway (ABAN 05-007) APPLICANT'S AGENT: Daniel Spotts APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6, 2005 TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat. LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of North Federal Highway, between Northeast 7th Avenue and Northeast 8th Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\805 N Federal HwylABAN 05-007\DO.doc c~\'';'"..~'" / \ ~i lx 0\ /1.1 !-." /'/ y- '.' ". . ... ~...... ~~, ",,"'> "'" j 0 hi '? CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM A.2 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 2],2006 February 6, 2006 (Noon) ~ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 2 1,2006 (Noon) 0 January 17, 2006 January 3, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon) . . t=:J l~--:'t c) 0 Administrative 0 Development Plans .".. , '_.~ 0 0 -- - NATURE OF Consent Agenda New Business '-,:;> AGENDA ITEM 0 ~ v Public Hearing Legal -~.. (:._~~ 0 Bids 0 Unfinished Business ., ijfJ"J L:f -1', 0 Announcement 0 Presentation >- c~; () 0 City Manager's Report RECOMMENDATION: Please place this request on the January 3, 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 December 6, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-214. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Estancia @Boynton Beach (LUAR 05-009) Carlos BaIIbe, Keith & BaIIbe, Inc. HHC Boynton, LLC 3010 South Federal Highway (East side of Federal Highway, approximately 300 feet south of intersection of Federal Highway and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Map from High Density Residential (HDR) and Low Density Residential (LDR) to Special High Density Residential (SHDR); and DESCRIPTION: Proposed Use: Townhouse community containing 30 residential units PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: ~ C. M ' S Ity anager sIgnature Development De a 2u.~ Planning and Zo ng rrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Estancia @ Boynton Beach\LUAR 05-o09\Agenda Item Request Estancia @ BB Amend LUAR 05-009 1 -3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. os-D10 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38 5 BY AMENDING THE FUTURE LAND USE ELEMENT 6 OF THE COMPREHENSIVE PLAN FOR A PARCEL 7 OWNED BY HHC BOYNTON, LLC, MICHAEL H. 8 HOPLAMAZIAN AND DAVID J. CONTI, AND 9 LOCATED AT 3010 SOUTH FEDERAL HIGHWAY 10 (EAST SIDE OF FEDERAL HIGHW A Y 11 APPROXIMATELY 400' SOUTH OF OLD DIXIE 12 HIGH\VAY); CHANGING THE LAND USE 13 DESIGNA TION FROM LO\V DENSITY RESIDENTIAL 14 (LDR), MODERATE DENSITY RESIDENTIAL (MoDR) 15 AND HIGH DENSITY RESIDENTIAL (HDR) TO 16 SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 17 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 18 AN EFFECTIVE DATE. 19 20 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted 21 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 22 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 23 Comprehensive Planning Act; and 24 WHEREAS, the procedure for amendment of a Future Land Use Element of a 25 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 26 WHEREAS, after two (2) public hearings the City Commission acting in its dual 27 capacity as Local Planning Agency and City Commission finds that the amendment 28 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 29 the best interest of the inhabitants of said City to amend the aforesaid Element of the 30 Comprehensive Plan as provided. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 32 CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\Ordinances\planning\Land Use\Estancia.doc 1 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 2 herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 3 4 following: 5 That the Future Land Use of the following described land located at 3010 South 6 Federal Highway (East Side of Federal Highway approximately 400' south of Old Dixie 7 Highway) in Boynton Beach, Florida shall be changed from Low Density Residential (LDR), 8 Moderate Density Residential (MoDR) and High Density Residential (HDR) and shall now be 9 designated as Special High Density Residential (SHDR): 10 See Legal Description Attached Hereto as Exhibit "A" 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 of the 16 Future Land Use Plan shall be amended accordingly. 1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 18 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 20 remainder of this Ordinance. 21 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 22 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 23 Land Development Regulation Act. No party shall be vested of any right by virtue of the 24 adoption of this Ordinance until aU statutory required review is complete and all legal challenges, 25 including appeals, are exhausted. In the event that the effective date is established by state law or S:\CA\Ordinances\Planning\Land Use\Estancia.doc 1 special act, the provisions of state act shall control. 2 FIRST READING this -0-- day of ])e~M ber" , 2005. 3 SECOND, FINAL READING and PASSAGE this ~ day of ,2005. 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 ~-~~-~~..__.~ Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA\Ordinances\Planning\Land Use\Estancia.doc THAT PORTION OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRffiED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE 76.1 FEET SOUTH OF AND PARALLEL TO TIlE NORTH LINE OF SAID SECTION 4 WITH TIlE WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY AS SHOWN IN PLAT BOOK 17, pAGE 14A, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S. 89018'46" W., ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING; THENCE N. 5026'06"E., PARALLEL WITH THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 61.2 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF SAID SECTION 4; THENCE S. 89018'46"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 522.90 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. NO.1 (STATE ROAD NO.5) AS NOW LAID OUT AND IN USE, SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE WEST WHOSE RADIAL LINE BEARS N. 79005'35"W., AND HAVING A CENTRAL ANGLE OF 2017'13" AND A RADIUS OF 5762.65 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.00 FEET; THENCE S. 76027'18"E., A DISTANCE OF 150.00 FEET; THENCE R 11016'09" E., A DISTANCE OF 13.95 FEET TO A POINT ON A LINE 308.76 FEET SOUTH OF AND PARALLEL TO THE NORTIl LINE OF SAID SECTION 4; THENCE N 89018'46" E., ALONG SAID PARALLEL LINE, A DISTANCE 167.77 FEET THENCE N. 0041 '14" W., A DISTANCE OF 118.82 FEET; THENCE N. 89018'46" E., A DISTANCE OF 94.75 FEET; TIIENCE S. 5026'06"W., PARALLEL TO THE SAID WEST RlGHT OF WAY LINE OF TIlE INTRACOASTAL WATERWAY, A DISTANCE OF 25.00 FEET; THENCE N 89018'46" E., A DISTANCE OF 300.00 FEET TO A POINT ON THE SAID WEST RlGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY; THENCE N. 5026'06"E., ALONG SAID WEST RlGHT OF WAY LINE, A DISTANCE OF 50.00 FEET; TIlENCE S. 89018'46" W., A DISTANCE OF 150.00 FEET; THENCE N. }7037'16" E., A DISTANCE OF 29.30 FEET; THENCE N. 10012'26"W., A DISTANCE OF 36.00 FEET; TIlENCE N. 13005'10" E., A DISTANCE OF 26.43 FEET TO THE POINT OF BEGINNING. CONTAINING 2.6432 ACRES MORE OR LESS. Exhibit "A" TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 05-214 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AlCP Senior Planner Michael W. Rumpf Director of Planning and Zoning November 1, 2005 Estancia/LUAR 05-009 Amend the future land use designation from Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) to Special High Density Residential (SHDR) and rezone from R-1-AA Single Family Residential and PUD Planned Unit Development to Infill Planned Unit Development (IPUD) Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti HHC Boynton, LLC/Carlos Balbe 3010 S. Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway. See Exhibit "A") :t2.64 acres Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) R-1-AA Single Family Residential and PUD Planned Unit Development Special High Density Residential (SHDR) IPUD Infill Planned Unit Development Thirty (30) unit townhouse community Page 2 File Number: LUAR 05-006 Name: Estancia Adjacent Uses: North: To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. To the northwest, a condominium development (Colonial Club) designated High Density Residential (HDR) and zoned R-3 Multi-family Residential South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-5 Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial East: Developed single family residences designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal HiQhwav Corridor Communitv RedeveloDment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 2.64 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 05-006 Name: Estancia The majority of the property that is the subject of this application was approved for a land use amendment and rezoning on February 19, 2001 under the name of Dakota Lofts. At that time, the highest density that could be requested in this area was 10.8 du/ac and development regulations for the IPUD zoning district had not been approved. The property has languished in an undeveloped state since that approval. In the intervening period of time, the property has changed hands and the new owners have purchased an additional two parcels, totaling 0.49 of an acre adjacent to the project. The application before you will serve to unify the land use and zoning for the entire project and, since the proposed project contains 30 townhouse dwelling units, the gross density of 11.32 du/ac will exceed the maximum density of 10.8 du/ac allowed under the High Density Residential designation. In addition, the IPUD regulations were developed for projects containing between one and five acres and is the correct zoning district for the subject project. Master/Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. Basic configuration of the project is similar to the one approved for the Dakota Lofts project. The vehicular access/egress to the project is located on Bamboo Lane. Access for the remaining single-family residence to the northeast is provided by an easement through the project. The three-story townhouse units are located in a "U" shape around the central finger canal that is a part of the property. The eight townhouses fronting on Federal Highway are located in two structures, each containing four units. Pedestrian access from Federal Highway to the interior of the development separates these two structures. The remaining townhouses are located to the north and south of the finger canal, and a recreation area with a pool and cabana is at the head of the finger canal between the two rows of townhouses. In accordance with the IPUD regulations, pedestrian circulation is provided in a manner that greatly reduces the opportunity for conflicts with vehicular circulation. Overall, the design of the project meets and exceeds the requirements of the IPUD regulations and will be discussed more fully in the site plan approval process. Review Based on Criteria 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. 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~ risk Page 4 File Number: LUAR 05-006 Name: Estancia manager. The planning department shall also recommend limitations or requirements/ which would have to be imposed on subsequent development of the prope/tyj in order to comply with policies contained in the comprehensive plan. The property is located east of Federal Highway and therefore is located in the hurricane evacuation zone. Under the requested land use designation, the maximum number of units that could be developed is 53; however, the developer proposes to only develop 30 units, falling below the 50 parcel requirement. Nevertheless, staff would recommend that all sales information used to promote the development and all homeowner documents should inform buyers that the units are located in the hurricane evacuation zone. Policy 1.13.1 of the Land Use Element reads: "The City shall continue to encourage infill development and redevelopment by implementing actions of the Bovnton Beach 20/20 Redevelooment Master Plan, and the policies contained in the Coastal Management Element." One of the implementing actions of the Bovnton Beach 20/20/ Redevelooment Master Plan was the adoption of the Federal Highwav Corridor Community Redevelooment Plan. The subject property is located in Planning Area V (Entrances to the City) in the Federal Hiohwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) Policy 1.16.1 contains definitions of all future land use designations in the City. The definition of the requested land use contains the following language: "Soecial 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 requested land use amendment and rezoning are consistent with these relevant policies in the Comprehensive Plan and the Federal Highwav Corridor Community Redevelooment Plan. 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 Page 5 File Number: LUAR 05-006 Name: Estancia 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 create an isolated district, since surrounding properties all have land uses with lower densities; however, the proposed density of the subject development (at 11.34 dujac) is lower than the built density (at 21 du/ac) of the Colonial Club immediately to the north. Additionally, the Special High Density Residential designation has been applied to other projects located nearby in Planning Area V. Unfortunately, the approval of the requested land use and zoning will also leave a single lot of less than 1f4 acre with a designation for single family residential development. This single family property does relate to single family property immediately south of the finger canal, so while the future land use map will show the lot as being isolated, the single family properties do relate visually. In addition, the proposed development provides a generous setback from the single family residence and the building height is 38 112 feet to mid-point of roof, rather than the maximum 45 feet allowed in the development regulations. Additionally, the approval of the requested land use designation is consistent with Policy 1.17.5 of the Future Land Use Element, which states: "The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with imolementing redevelopment olans including the Boynton Beach 20/20 Redevelopment Master Plan. "(emphasis added) c. Whether changed or changing conditions make the proposed rezoning desirable. The requested land use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative which grew out of the Governor's Commission for a Sustainable South Florida. In its October 1995 initial report, the initiative recommends an increasingly active effort to redirect development from areas next to the Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the restoration and redevelopment of the eastern urban areas to provide housing opportunities for the future population growth in areas where adequate infrastructure capacity exists. Higher densities and increased population in the eastern areas will also provide support for economic revitalization and downtown redevelopment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The demand for potable water is estimated at 13,560 gallons per day (based on 30 units x 2.26 persons per household x 200 gallons per day per capita). The demand for wastewater capacity is estimated at 6,090 gallons per day (based on 30 units x 2.26 persons per household x 90 gallons per day per capita). The Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the project is located within the County designated Coastal Residential Exception area, and therefore meets the Traffic Performance Standards of Palm Beach County. Page 6 File Number: LUAR 05-006 Name: Estancia 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 application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire Rescue and Police Departments have reviewed the application and have provided the project can be adequately served with existing personnel and equipment. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, 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. The IPUD regulations contain requirements to ameliorate negative impacts of projects, particularly height, on adjacent single family homes. With respect to other adjacent uses, the R-3 Multi-family Residential district to the north allows a maximum height of 45 feet. f. Whether the property is physically and economically developable under the existing zoning. A portion of the property was approved for redevelopment in 2001, however, that applicant did not move forward with the project and a new site plan approval would be necessary before the development could move forward. The two existing single family residences could continue or be redeveloped. 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 requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also provide support for economic revitalization and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. There are no other properties within the City that have the requested land use designation and zoning category that do not have approved development orders. Residential densities of 20 dUjac are permitted in the Federal Highway corridor to encourage intill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and intill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Hiohwav Corridor Community Redevelooment Plan. CONCLUSIONS/RECOMMENDATIONS Page 7 File Number: LUAR 05-006 Name: Estancia As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Estlncia @ Boynton Beach\LUAR 05-009\STAFF REPORT NEW.doc The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, AorIda 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 (/,.. \ ((7 '\" , :-.. \ ~ "'. .." "'. ... I i'~J:; \-// www.boynton-beach.org November 9, 2005 Pami R. Maugham Weiner & Aronson, P.A. 102 N. Swinton Avenue Delray Beach, FL 33444 RE: Text Amendment Application Return of Incomplete Application Dear Ms. Maugham, The above referenced application for an amendment to the city's zoning regulations, as submitted on October 21, 2005 is being returned due to incompleteness and significant inconsistency with the Heart of Boynton Redevelopment Plan. The Land Development Regulations, Chapter 2. Zoning, Section 9. C.3, allows .cor amendments to city zoning regulations by the City Commission, the lanning and Development Board or by petition of owners, if endorsed by at least fifty-one percent (51%) of the those property owners in tha't specifically affected zoning district or area of amendment. Additionally, please note that there is a Notice of Intent (NOI) in effect for a portion of the area you appear to be targeting with your request. It is unfortunate that your work on this project had progressed to this degree with this deficiency; however, please understand that such deficiencies are intended to be identified at a pre-application meeting, required in advance of filing an application. In considering the information herein, please also consider its significant inconsistencies with' the corresponding redevelopment plan, and current direction to update the zoning recommendations from that plan. Sincerely, Ed Breese Principal Planner \Planning\SHARED\WP\CORRESP\Corresp M thru Z\M. Weiner Heart of Boynton OVerlay Code Review OS.doc LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit A City Limits 80 o 160 N 160 Feet A v.~.r':: ( ...\ '.)i".. J.'x 0\, V ~ '" / 'r ' J- ~"',-.~., _~~..#,,,, /- ' "0 N ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM A.3 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 0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006 January 17,2006 (Noon) 0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006 February 6, 2006 (Noon) ~ January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon) 0 January 17, 2006 January 3,2006 (Noon) 0 March 21 , 2006 March 6,2006 (Noon) NATURE OF AGENDA ITEM 0 0 0 Administrative Development Plans !Tj - C) :, 0 Consent Agenda 0 New Business "G --.....1 0 Public Hearing ~ Legal 0 0 u Bids Unfinished Business ....-=:000 --" .. 0 0 --I -- Announcement Presentation --;'Im 0 :11 ~rr-; City Manager's Report ---.; '. ~ 1:> ,'il (-, RECOMMENDATION: Please place this request on the January 3, 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 December 6, 2005. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-214. EXPLANA TION: PROJECT: AGENT: OWNER: LOCATION: Estancia @ Boynton Beach (LUAR 05-009) Carlos BaIlbe, Keith & Ballbe, Inc. HHC Boynton, LLC 3010 South Federal Highway (East side of Federal Highway, approximately 300 feet south of intersection of Federal Highway and Old Dixie Highway Request to rezone from Planned Unit Development (PUD) and R-l-AA Single Fanrily Residential to InfiIl Planned Unit Development (IPUD). DESCRIPTION: Proposed Use: Townhouse c,ommunity containing 30 residential units PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: ~ Developme t Depa L_U~~ Planning and Zo' irector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\wP\PROJECTS\Estancia @ Boynton Beach\LUAR 05-009\Agenda Item Request Estancia @ BB Rezone LUAR 05-009 I -3-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ORDINANCE NO. 05- 01 , AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF "HC BOYNTON, LLC, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 3010 SOUTH FEDERAL HIGHWAY (EAST SIDE OF FEDERAL HIGHWAY APPROXIMATELY 400' SOUTH OF OLD DIXIE HIGHWAY), AS MORE FULLY DESCRIBED HEREIN, FROM SINGLE FAMILY RESIDENTIAL (R-1-AA) AND PLANNED UNIT DEVELOPMENT (PUD) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 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, HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti, 21 owners of the property located at 3010 South Federal Highway (East Side of Federal Highway 22 approximately 400' south of Old Dixie Highway) in Boynton Beach, Florida, as more 23 particularly described herein, has filed a Petition, through its agent, Carlos Balbe, pursuant to 24 Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, 25 for the purpose of rezoning a parcel of land, said land being more particularly described 26 hereinafter, from Single Family Residential (R-l-AA) and Planned Unit Development (PUD) 27 to lnfill Planned Unit Development (IPUD); and 28 WHEREAS, the City Commission conducted a public hearing and heard testimony 29 and received evidence which the Commission finds supports a rezoning for the property 30 hereinafter described; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA \OrdinancesIPlanninglRezoninglRezoning - Estancia_doc 1 an amendment to the Land Use which was contemporaneously considered and approved at the 2 public hearing heretofore referenced; and 3 WHEREAS, 'the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section I. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. Section 2. The following described land at 3010 South Federal Highway (East Side 9 10 of Federal Highway approximately 400' south of Old Dixie Highway) in the City of Boynton 11 Beach, Florida, as set forth as follows: 12 See Legal Description Attached hereto as Exhibit "A". 13 14 15 be and the same is hereby rezoned from Single Family Residential (R-l-AA) and Planned Unit 16 Development (PUD) to Infill Planned Unit Development (IPUD). A location map is attached 1 7 hereto as Exhibit "B" and made a part of this Ordinance by reference. 18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 19 accordingly. 20 Section 4. All ordinances or parts of ordinances III conflict herewith are hereby 21 repealed. 2 2 Section 5. Should any section or provision of this Ordinance or any portion thereof be 2 3 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 24 remainder of this Ordinance. S:\CA \OrdinancesIPJanningIRezoninglRezoning - Estancia.doc 1 Section 6. This ordinance shall become effective immediately upon passage. 2 FIRST READING this ~ day of Deeembe. ,2005. 3 SECOND, FINAL READING and PASSAGE this _ day of ,2005. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 City Clerk 23 24 (Corporate Seal) 25 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \Ordinances\Planning\Rezoning\Rezoning - Estancia.doc THAT PORTION OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF A LINE 76.1 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 4 WITH THE WEST RIGHT OF WAY LINE OF TIlE INTRACOASTAL WATERWAY AS SHOWN IN PLAT BOOK 17, PAGE 14A, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S. 89018'46" W., ALONG SAID PARALLEL LINE, A DISTANCE OF 150.00 FEET TO TIlE POINT OF BEGINNING; THENCE N. 5026'06"E., PARALLEL WITH THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 15.00 FEET TO A POINT ON A LINE 61.2 FEET SOUTIl AND PARALLEL TO THE NORTH LINE OF SAID SECTION 4; THENCE S. 89018'46"W., ALONG SAID PARALLEL LINE, A DISTANCE OF 522.90 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. NO.1 (STATE ROAD NO.5) AS NOW LAID OUT AND IN USE, SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE WEST WHOSE RADIAL LINE BEARS N. 79005 '35"W., AND HAVING A CENTRAL ANGLE OF 20 IT 13" AND A RADIUS OF 5762.65 FEET; THENCE SOUTHERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 230.00 FEET; TIlENCE S. 76021' 18"E., A DISTANCE OF 150.00 FEET; THENCE N. 11016'09" E., A DISTANCE OF 13.95 FEET TO A POINT ON A LINE 308.76 FEET SOUTH OF AND PARALLEL TO TIlE NORTH LINE OF SAID SECTION 4; THENCE N 89018'46" E., ALONG SAID PARALLEL LINE, A DISTANCE 167.77 FEET THENCE N. 0041 '14" W., A DISTANCE OF 118.82 FEET; THENCE N. 89018'46" E., A DISTANCE OF 94.75 FEET; THENCE S. 5026'06"W., PARALLEL TO THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY, A DISTANCE OF 25.00 FEET; THENCE N 89018'46" E., A DISTANCE OF 300.00 FEET TO A POINT ON THE SAID WEST RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY; TIlENCE N. 5026'06"E., ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET; THENCE S. 89018'46" W., A DISTANCE OF 150.00 FEET; TIlENCE N. 17037'16" E., A DISTANCE OF 29.30 FEET; TIlENCE N. 10012'26"W., A DISTANCE OF 36.00 FEET; THENCE N. 13005'10" E., A DISTANCE OF 26.43 FEET TO THE POINT OF BEGINNING. CONTAINING 2.6432 ACRES MORE OR LESS. Exhibit "A" LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit 8 160 80 o N 160 Feel A TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING &. ZONING DIVISION MEMORANDUM NO. PZ 05-214 Chair and Members Community Redevelopment Agency Board and Mayor and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning November 1, 2005 Estancia/LUAR 05-009 Amend the future land use designation from Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) to Special High Density Residential (SHDR) and rezone from R-1-AA Single Family Residential and PUD Planned Unit Development to Infill Planned Unit Development (IPUD) Property Owner: Applicant/Agent: Location: Parcel Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: PROJECT DESCRIPTION HHC Boynton, LLC, Michael H. Hoplamazian and David J. Conti HHC Boynton, LlC/Carlos Balbe 3010 S. Federal Highway (East side of Federal Highway approximately 400' south of Old Dixie Highway. See Exhibit "A'') :1::2.64 acres Low Density Residential (lDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) R-1-AA Single Family Residential and PUD Planned Unit Development Special High Density Residential (SHDR) IPUD Infill Planned Unit Development Thirty (30) unit townhouse community Page 2 File Number: LUAR 05-006 Name: Estancia Adjacent Uses: North: To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-1-AA Single Family Residential. To the northwest, a condominium development (Colonial Club) designated High Density Residential (HDR) and zoned R-3 Multi-family Residential South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-S Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial East: Developed single family residences designated low Density Residential (LDR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial EXECUTIVE SUMMARY Staff recommends approval of the requested land use amendment and rezoning for the following reasons: 1. The future land use amendment is consistent with the policies of City's adopted Comprehensive Plan, particularly the portion of policy 1.16.1 defining the Special High Density Residential land use relative to redevelopment planning, urban densities and housing opportunities; 2. The requested land use amendment and rezoning meet or exceed the criteria for review, as required in the Land Development Regulations; and, 3. The proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Community Redevelooment Plan. PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 2.64 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 05-006 Name: Estancia The majority of the property that is the subject of this application was approved for a land use amendment and rezoning on February 19, 2001 under the name of Dakota Lofts. At that time, the highest density that could be requested in this area was 10.8 dujac and development regulations for the IPUD zoning district had not been approved. The property has languished in an undeveloped state since that approval. In the intervening period of time, the property has changed hands and the new owners have purchased an additional two parcels, totaling 0.49 of an acre adjacent to the project. The application before you will serve to unify the land use and zoning for the entire project and, since the proposed project contains 30 townhouse dwelling units, the gross density of 11.32 dujac will exceed the maximum density of 10.8 dujac allowed under the High Density Residential designation. In addition, the IPUD regulations were developed for projects containing between one and five acres and is the correct zoning district for the subject project. Master/Site Plan Analvsis The Land Development Regulations require approval of a master plan concurrent with approval of a rezoning to the PUD Planned Unit Development district. A site plan approval may take the place of the master plan, as is requested in this case. Basic configuration of the project is similar to the one approved for the Dakota Lofts project. The vehicular accessjegress to the project is located on Bamboo Lane. Access for the remaining single-family residence to the northeast is provided by an easement through the project. The three-story townhouse units are located in a "U" shape around the central finger canal that is a part of the property. The eight townhouses fronting on Federal Highway are located in two structures, each containing four units. Pedestrian access from Federal Highway to the interior of the development separates these two structures. The remaining townhouses are located to the north and south of the finger canal, and a recreation area with a pool and cabana is at the head of the finger canal between the two rows of townhouses. In accordance with the IPUD regulations, pedestrian circulation is provided in a manner that greatly reduces the opportunity for conflicts with vehicular circulation. Overall, the design of the project meets and exceeds the requirements of the IPUD regulations and will be discussed more fully in the site plan approval process. Review Based on Criteria 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. 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 Page 4 File Number: LUAR 05-006 Name: Estancia 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 located east of Federal Highway and therefore is located in the hurricane evacuation zone. Under the requested land use designation, the maximum number of units that could be developed is 53; however, the developer proposes to only develop 30 units, falling below the 50 parcel requirement. Nevertheless, staff would recommend that all sales information used to promote the development and all homeowner documents should inform buyers that the units are located in the hurricane evacuation zone. Policy 1.13.1 of the Land Use Element reads: "The City shall continue to encourage infill development and redevelopment by implementing actions of the Bovnton Beach 20/20 Redevelooment Master Plan, and the policies contained in the Coastal Management Element." One of the implementing actions of the Bovnton Beach 20/20/ Redevelooment Master Plan was the adoption of the Federal Hi9hwav Corridor Communitv Redevelooment Plan. The subject property is located in Planning Area V (Entrances to the City) in the Federal Highwav Corridor Community Redevelooment Plan, which was adopted by the City on May 16, 2001. The plan's recommendations for this planning area include the following: "Encourage a variety of housing. Develop intensity standards that allow for a variety of housing styles and types at intensities that will assist in supporting the downtown area and general economic expansion." (p. 80); and "Require a transition to the adjacent gateway neighborhoods. Create development standards in the city entrance communities that establish a logical transition to the gateway communities. Building scale, massing and placement should be less intense than that of the adjacent planning areas, but substantial enough to announce an arrival in the City." (p. 81) Policy 1.16.1 contains definitions of all future land use designations in the City. The definition of the requested land use contains the following language: "Soecial High Density Residential: This land use category shall consist of redevelopment and intill 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 requested land use amendment and rezoning are consistent with these relevant policies in the Comprehensive Plan and the Federal Highwav Corridor Community Redevelooment Plan. 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 Page 5 File Number: LUAR 05-006 Name: Estancia 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 create an isolated district, since surrounding properties all have land uses with lower densities; however, the proposed density of the subject development (at 11.34 dujac) is lower than the built density (at 21 dujac) of the Colonial Club immediately to the north. Additionally, the Special High Density Residential designation has been applied to other projects located nearby in Planning Area V. Unfortunately, the approval of the requested land use and zoning will also leave a single lot of less than 1f4 acre with a designation for single family residential development. This single family property does relate to single family property immediately south of the finger canal, so while the future land use map will show the lot as being isolated, the single family properties do relate visually. In addition, the proposed development provides a generous setback from the single family residence and the building height is 38 '12 feet to mid-point of roof, rather than the maximum 45 feet allowed in the development regulations. Additionally, the approval of the requested land use designation is consistent with Policy 1.17.5 of the Future Land Use Element, which states: "The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent with adjacent land uses, or with imolementina redevelooment olans including the Boynton Beach 20/20 Redevelopment Master Plan. //(emphasis added) c. Whether changed or changing conditions make the proposed rezoning desirable. The requested land use amendment and rezoning are desirable in their support of the Eastward Ho! Initiative which grew out of the Governor's Commission for a Sustainable South Florida. In its October 1995 initial report, the initiative recommends an increasingly active effort to redirect development from areas next to the Everglades toward Southeast Florida's existing urban core. One of the program's main objectives is the restoration and redevelopment of the eastern urban areas to provide housing opportunities for the future population growth in areas where adequate infrastructure capacity exists. Higher densities and increased population in the eastern areas will also provide support for economic revitalization and downtown redevelopment. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. The demand for potable water is estimated at 13,560 gallons per day (based on 30 units x 2.26 persons per household x 200 gallons per day per capita). The demand for wastewater capacity is estimated at 6,090 gallons per day (based on 30 units x 2.26 persons per household x 90 gallons per day per capita). The Palm Beach County Traffic Division has reviewed the traffic statement for the project and determined that the project is located within the County designated Coastal Residential Exception area, and therefore meets the Traffic Performance Standards of Palm Beach County. Page 6 File Number: LUAR 05-006 Name: Estancia 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 application and has determined that adequate capacity exists to accommodate the resident population. The City's Fire Rescue and Police Departments have reviewed the application and have provided the project can be adequately served with existing personnel and equipment. Lastly, drainage will also be reviewed in detail as part of the review of the site plan approval, 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. The IPUD regulations contain requirements to ameliorate negative impacts of projects, particularly height, on adjacent single family homes. With respect to other adjacent uses, the R-3 Multi-family Residential district to the north allows a maximum height of 45 feet. f. Whether the property is physically and economically developable under the existing zoning. A portion of the property was approved for redevelopment in 2001, however, that applicant did not move forward with the project and a new site plan approval would be necessary before the development could move forward. The two existing single family residences could continue or be redeveloped. 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 requested land use amendment and rezoning present the opportunity for redevelopment in a highly visible entrance corridor to the City and will also provide support for economic revitalization and downtown redevelopment. h. Whether there are adequate sites elsewhere in the city for the proposed use/ in districts where such use is already allowed. There are no other properties within the City that have the requested land use designation and zoning category that do not have approved development orders. Residential densities of 20 dujac are permitted in the Federal Highway corridor to encourage infill development and redevelopment. There are a limited number of sites elsewhere in the city where residential development could occur at a density of 10.8 dujac; however, those sites do not offer the opportunity for redevelopment and infill development that this location affords. Nor would development of those available sites serve to promote the goals of the Community Redevelopment Agency and the Federal Highwav Corridor Community Redevelooment Plan. CONCLUSIONSI RECOMMENDATIONS Page 7 File Number: LUAR 05-006 Name: Estancia As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that cannot be accommodated within existing capacities; will be compatible with adjacent land uses and will contribute to the overall economic development of the City. Therefore, staff recommends: 1. That the City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. That the subject requests have been reviewed based on the required criteria; 3. That the proposed redevelopment plan is consistent with the vision and recommendations of the Federal Highwav Corridor Communitv Redevelooment Plan; and therefore, 4. That the land use amendment and rezoning be approved. If the Community Redevelopment Agency Board or the City Commission recommends conditions, they will be included within Exhibit "B". ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Estanda @ Boynton Beach\LUAR OS-009\STAFF REPORT NEW.doc The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 r?y' ~. :-.. , . " '-', .' '- I "H , " ' {.J , ~ www.boynton-beach.org November 9, 2005 Pami R. Maugham Weiner & Aronson, P.A. 102 N. Swinton Avenue Delray Beach, FL 33444 RE: Text Amendment Application Return of Incomplete Application Dear Ms. Maugham, The above referenced application for an amendment to the city's zoning regulations, as submitted on October 21, 2005 is being returned due to incompleteness and significant inconsistency with the Heart of Boynton Redevelopment Plan. The Land Development Regulations, Chapter 2. Zoning, Section 9. C.3, allows for amendments to city zoning regulations by the City Commission, the Planning and Development Board or by petition of owners, if endorsed by at least fifty-one percent (51%) of the those property owners in that specifically affected zoning district or area of amendment. Additionally, please note that there is a Notice of Intent (NOI) in effect for a portion of the area you appear to be targeting with your request. It is unfortunate that your work on this project had progressed to this degree with this deficiency; however, please understand that such deficiencies are intended to be identified at a pre-application meeting, required in advance of filing an application. In considering the information herein, please also consider its significant inconsistencies with' the corresponding redevelopment plan, and current direction to update the zoning recommendations from that plan. Sincerely, Ed Breese Principal Planner S:\Planning\SHARED\WP\CORRESP\Corresp M thru Z\M. Weiner Heart of Boynton OVerlay Code Review OS.doc LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) LUAR 05-009 Exhibit A 160 80 o N 160 Feel A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI XII. - LEGAL ITEM A.3,a. Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 6, 2005 November ]4,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) 0 February 2], 2006 February 6, 2006 (Noon) [gJ January 3, 2006 December] 9,2005 (Noon) D March 7,2006 February 2], 2006 (Noon)' D D !::) January] 7, 2006 January 3, 2006 (Noon) March 2],2006 March 6, 2006 (Noon) f'--"-j (-') -~-,," -- 0 Administrative D Development Plans v D 0 _.~cb. '--=-- NATURE OF Consent Agenda New Business - -I AGENDA ITEM r Public Hearing ~ Legal -~'i ~'J::; I ~fl -Ill ,~> D Bids D Unfinished Business 0 I . 1 (--;; 0 Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the January 3, 2006 City Commission Agenda under Public Hearing to coincide with the corresponding land use amendment and rezoning requests. This item was tabled at the City Commission meeting on December 6,2005, to allow adoption of the corresponding items for land use and rezoning, prior to approving the site plan request. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-208. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: Estancia @ Boynton Beach (NWSP 05-026) Carlos Ballbe, Keith & Ballbe, Inc. HHC Boynton, LLC 3010 South Federal Highway (East side of Federal Highway, approximately 300 feet south of intersection of Federal Highway and Old Dixie Highway Request for new site plan approval to construct 30 townhouse units and related site improvements on 2.65-acres to be rezoned Infill Planned Unit Development (IPUD). DESCRIPTION: PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ~S' CIty Manager's Ignature Deve fL/;~ 7: /~ Planning and Zonin;;f1irector City Attorney / Finance / Human Resources S:IP]anningISHARED\WPIPROJECTS\Estancia@ Boynton Beach\NWSP 05-026\Agenda Item Request Estancia@BB NWSP 05-026 ]-3-05.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-208 STAFF REPORT TO: Chair and Members Community Redevelopment Agency Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Eric Lee Johnson, AICP Planner 1 DATE: November 2, 2005 PROJECT NAME/NO: REQUEST: Estancia at Boynton / NWSP 05-026 New Site Plan PROJECT DESCRIPTION Property Owner: HHC Boynton, LLC Applicant: HHC Boynton, LLC Agent: Mr. Carlos J. Ballbe / Keith & Ballbe, Incorporated Location: East side of South Federal Highway, approximately 400 feet south of Old Dixie Highway (3010 South Federal Highway / see Location Map - Exhibit "A If) Existing Land Use: Low Density Residential (LDR), Moderate Density Residential (MoDR) and High Density Residential (HDR) Existing Zoning: R-1-AA Single Family Residential and PUD Planned Unit Development Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac) Proposed Zoning: Infill Planned Unit Development (IPUD) Proposed Use: 30 townhouse units Acreage: :t2.643 acres Adjacent Uses: North: To the northeast, a developed single-family residence designated Moderate Density Residential (MoDR) and zoned R-l-AA Single Family Residential. To the northwest, a condominium development (Heritage Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 2 Club) designated High Density Residential (HDR) and zoned R-3 Multi- family Residential; South: To the southeast, two developed single family residences, the westernmost designated Low Density Residential (lDR) and zoned R-1-AA Single Family Residential, the easternmost lying in unincorporated Palm Beach County, designated MR-5 Medium Density Residential and zoned RS Single Family Residential. To the southwest, the right-of-way of Bamboo Lane, then vacant property lying in Palm Beach County, designated CHIS Commercial High and zoned CG General Commercial; East: Developed single family residences designated Low Density Residential (LDR) and zoned R-1-AA Single Family Residential then the Intracoastal Waterway; and West: Right-of-way of Federal Highway, then developed property designated Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject site plan were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted sign age and mailed notices in accordance with Ordinance No. 04-007. Site Characteristic: The subject property is comprised of three (3) irregular-shaped parcels all under the same ownership totaling approximately 2.65 acres. Parcels 1 and 2 are undeveloped and the easternmost portion, "Parcel 3", is primarily a finger canal of the Intracoastal Waterway. The developer intends to leave the canal intact and to utilize its square footage as a means to increase the allowable density. The subject property lies within Study Area V of the Federal Highway Corridor Redevelopment Plan. The survey shows that multiple easements have been dedicated throughout the site. The survey also shows the location of existing single-family detached homes (that once fronted on Virginia Gardens Drive) and new lot lines of previously platted lots of the "Dakota Lofts PUD". The project intent is to raze all buildings in order to construct townhouse buildings. However, one (1) existing single-family dwelling was not acquired by the developer and therefore, will not be within the scope of this project. However, access to the existing home would be preserved thereto via an easement through the subject project. Originally, the houses on Virginia Gardens Drive had direct access to Federal Highway. However, the developer acquired this private right-of-way and has it integrated into the design of the site plan. As a consequence, ingress / egress for the remaining single-family dwelling (located directly east of the subject property) will occur through the proposed site to Bamboo Lane. Additionally, it was learned that a water well previously served the single family dwellings at 2 Virgini~ Gardens Drive and 821 Bamboo Lane. This water well was considered a community well and unless there were underlying conditions or requirements such as deed restrictions granting water rights to the existing users, it was incumbent upon the Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 3 applicant to either install a new well to serve those residential dwellings or to connect the aforementioned dwellings to City water. Staff understands that 821 Bamboo Lane is in fact, connected to potable water and sanitary sewer. However, from a cursory review, it appears as though 2 Virginia Gardens Drive is still on well and septic tank. BACKGROUND Proposal: Mr. Carlos Ballbe, agent for HHC Boynton, LLC is proposing a new site plan for 30 townhouse units. The subject site was previously developed with the SunWah Chinese restaurant. On January 15, 2002 the City Commission approved the site for a residential townhouse project known as "Dakota Lofts". On February 28, 2002, the original owner applied for building permits but failed to submit actual permit drawings. Subsequently, the property was sold to a different developer who likewise, was unsuccessful in obtaining a building permit. The new developer proposed various changes to the floor plan and elevations drawings, necessitating a major site plan modification (MSPM 02-006). On January 21, 2003, the City Commission approved the developer's request for major site plan modification and accompanying Dakota Lofts Record Plat. Site plan approval is valid for one (1) year and it subsequently expired on January 21, 2004. No request for site plan time extension was ever submitted. It should be noted that any site improvements other than a Single-family or duplex home on the subject property requires site plan approval. Now, the new property owner, HHC Boynton, LLC desires to develop the former "Dakota Lofts" project with additional units because they (as contract purchaser) were able to assemble additional lots along the former Virginia Gardens Drive. However, the newly assembled lots are classified and zoned for single family homes; not townhomes. Additionally, subsequent to when the "Dakota Lofts" site plan was approved, the City created a more appropriate zoning district (the I nfi II Planned Unit Development - IPUD) in order to better accommodate infill development. The subject property is eligible for the IPUD zoning district because it is located within Study Area V of the Federal Highway Corridor Redevelopment Plan. Therefore, the developer is now requesting to rezone the entire property to IPUD. Therefore, approval of this project is contingent upon the approval of the corresponding request for land use change and rezoning (LUAR 05-009). Fee-simple townhouses are permitted uses in the IPUD zoning district. Under the Special High Density Residential land use category, the maximum allowable project density would consist of 52 dwelling units (density at 20 dwelling units per acre). The project proposes a total of 30 dwelling units, which equals a density of 11.35 dwelling units per acre. The entire project would be built in one (1) phase. ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project is located within the designated Coastal Residential Exception Areas of the county, Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 4 and therefore meets the Traffic Performance Standards of Palm Beach County. However, no building permits are to be issued by the City, after the 2007 build-out date (see Exhibit "C" - Conditions of Approval). The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project (project estimated to require a total of 13,560 gallons per day). local piping and infrastructure improvements may be required, especially on the water delivery system for the project, depending 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 projected total of 6,090 gallons per day, subject ~n the applicant making a firm reservation of capacity, following approval of the sll.e plan (see Exhibit "c" - Conditions of Approval). Police I Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and 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). School: An application for school concurrency has been submitted to the School District of Palm Beach County. No confirmation has yet been received. Therefore, no building permits may be issued until the School District of Palm Beach County confirms that adequate capacity exists to accommodate the proposed 30 dwelling units (see Exhibit "c" - Conditions of Approval). Driveways: The project proposes one main (1) point of ingress / egress to the subject site. This point would be located on Bamboo Lane. According to the survey, Bamboo Lane was previously dedicated as an ingress / egress easement (O.R.B. 14728, Page 512) for the surrounding neighborhood. The developer intends to improve the portion of Bamboo lane that directly abuts the subject property. The site plan (sheet SPl of 2) shows that the project entrance on Bamboo Lane would be located approximately 90 feet east from the paved portion of Federal Highway. Vehicles leaving the subject property would be allowed to make right (west) and left (east) traffic movements. However, Bamboo lane is a dead end road and therefore, vehicles traveling east from the subject property would be minimal. The site plan proposes 22 to 24 foot wide drive aisles. The Typical Roadway sections show that the width of the travel lanes would vary between 11 feet to 12 feet, depending on their location. All internal roadways would accommodate two Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 5 (2) -way traffic movements. The site plan shows an emergency vehicle "T" Turn- around area, proposed north of the finger canal. This would allow fire trucks and service vehicles to successfully turn around at the project's dead-end street. These private streets, internal to the development, would conform to current engineering standards. Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes 30 three (3) bedroom units and a recreation facility. Therefore, based upon the above referenced number of units and the amenity, the project requires a total of 65 parking spaces. The site plan shows that each unit would have a two (2)-car garage, which would thus equate to providing 60 parking spaces. The first floor plan (sheet A6) shows that each garage would be dimensioned 22 feet - eight (8) inches in width and 21 feet in depth. The plan also proposes eight (8) off-street parking spaces. According to the Typical Parking Stall Detail, the gO-degree parking stalls would be dimensioned nine (9) feet in width by 18-feet in length. The handicap parking spaces would be dimensioned 12 feet in width (with extra 5-feet of striping) and 18 feet in length. Combining the garage spaces and the 90-degree spaces, the site plan would provide for a total of 68 parking spaces or an excess of three (3) parking spaces. The applicant informed staff that it is their intent to provide an additional eight (8) parking spaces along Federal Highway. That proposition would be subject to Florida Department of Transportation (FDOT) review and approval. Landscaping: The site plan tabular data (sheet SP1 of 2) indicates that 0.77 acres or 29.06% of the site would be pervious surface. According to the Land Development Regulations, the IPUD zoning district requires 200 square feet of usable open space per dwelling unit. The plans propose 30 dwelling units and therefore, 6,000 square feet of usable open space would be required. The land earmarked for the recreation area in conjunction with eligible portions of the pervious surfaces brings the plans into compliance with this usable open space requirement. The recreation area alone constitutes over 87% of usable open space. The landscape plan would provide a total of 81 canopy trees, 127 palm trees, and 1,065 shrubs{ 2,312 groundcover plants, and 147 accent plants. The Plant List (sheet L-2 of 3) indicates that 97% of the canopy trees, 60% of the palm trees, and 50% of the shrubs would be native species. The site plan (sheet SP1 of 3) shows that the western landscape buffer would be at least 20 feet in width at its narrowest point. This landscape buffer would be adjacent to Federal Highway. The landscape plan shows that this buffer would consist of Live Oak, Foxtail palm, Silver Buttonwood hedge, Evergreen Giant, Wax Jasmine, Crinum Lily, Simpson Stopper, Indian Hawthorne, and Dwarf Crown of Thorns. The landscape plan also shows that a six (6) foot high perimeter fence (with 6-foot high decorative columns) is proposed within this buffer, which would be installed close to and running parallel with the west property line. Each unit would have pedestrian access directly to Federal Highway. All pedestrians would pass through an entry gate. The gates would be iron and the decorative columns with their precast caps would have a smooth stucco finish. The Elevation Cross Section of Federal Highway Buffer (sheet L-3 of 3) illustrates a street level view of Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 6 Federal Highway. The cross section shows that Live Oak trees and Foxtail palm trees would be installed at 16 feet in height, Royal palm trees at 26 feet in height, and Cabbage palms at 20 to 30 feet in height. The plant material (and their specifications) proposed on the cross section supersedes the same on the landscape plan and a revised landscape plan will be required at the time of permitting as a result of the discrepancy between the two (see Exhibit "c" _ Conditions of Approval). The site plan (sheet SPl of 3) shows that the south landscape buffer, adjacent to Bamboo Lane would be approximately seven (7) feet in width. This buffer would contain a solid, six (6) foot tall wall with decorative columns and the following plant material: Highrise Live Oak, Palatka Holly, Purple Glory tree, Foxtail palm, Simpson Stopper, Crinum Lilly, Indian Hawthorne, and Dwarf Crown of Thorns. As part of the improvement proposed to Bamboo lane, the existing landscape median would be enhanced with 23 Dwarf Schefflera, 25 Crown of Thorns, and 25 Indian Hawthorne installed within. The site plan (sheet SP1 of 3) shows that the north landscape buffer would be approximately six (6) feet in width at its narrowest point. It should be noted that Areca palm trees and a 10-foot tall Ficus hedge were previously installed along the south property line of the abutting property to the north. However, the following plant material is proposed within the north landscape buffer of the subject property: Royal palm, Buttonwood, Gumbo Limbo, Purple Glory tree, Cat palm, Red Ginger, Dwarf Schefflera, and Dwarf Firebush. A wall is proposed along the western half of the north property line. The site plan (sheet SP1 of 3) shows that the east landscape buffer would be 20 feet in width at its narrowest point. The landscape plan shows that Highrise Live Oak, Cabbage palm, Gumbo Limbo, Palatka Holly, Fahahatchee grass, Redtip Cocoplum, and Sword fern are proposed within this buffer. The main objective of this buffer is to serve as a barrier between the subject property and the adjacent single-family homes. Staff has concerns over the deciduous nature of the Gumbo Limbo and therefore recommends substituting them with another type of native, canopy tree such as a Paradise tree or Mahogany (see Exhibit "c" - Conditions of Approval). The Typical 4, 5, and 7 Unit landscape Plans (sheet l2 of 3) depict the use of Indian Hawhthorne, Silver Buttonwood hedge, Wart Fern, Redtip Cocoplum, Crinum Lily, and Tibouchina. The pool area would have Coconut palms on each side. Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the IPUD zoning district with a density of 11.32 dwelling units per acre. The maximum density allowed by the Special High Density Residential land use classification is 20 dwelling units per acre. The 30 dwelling units are proposed within six (6) separate buildings on the 2.65-acre site. Each building would contain a varying number of dwelling units, ranging from four (4) units to seven (7) units. The unit plans (sheet A.13.0 through sheet A.16.0) show the size of each unit, ranging from 1,931 square feet to 2,372 square feet of "under roof area". Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 7 The IPUD zoning district allows buildings to reach a maximum height of 45 feet, however, a lesser height could be imposed for better compatibility with adjacent properties. All buildings would be three (3) stories in height, the tallest of which, would be 36 feet - six (6) inches in height, measured at the mid-point of the pitched roof. The elevations do not indicate the height to the peak of the roof. The IPUD zoning district contains no specific minimum building setback requirements other than mirroring the setbacks of adjacent zoning districts. The required setbacks, most important to this project, would be those required along the east property line. The abutting property to the northeast is zoned R-1-AA and requires a side yard setback of 10 feet. The site plan is proposing a 20-foot building setback at the northeast corner of the property. The abutting property to the southeast is also zoned R-1-AA. Likewise, it has the same side setback requirement (10 feet). However, it appears as though the existing single-family detached home on the abutting property to the southeast is non-conforming because there is no side yard setback. This non-conforming status of the abutting neighbor to the east would not be an issue for the current developer because Building #3 would be setback 23 feet from the east property line; it needs to be setback only 10 feet from the east property line. The abutting multi-family development to the north is zoned R-3. The required setbacks along the north property line that are pertinent to the Estancia project would be as follows: Side- 20 feet and Rear - 40 feet. To comply, the site plan shows the buildings of the subject property would be setback between 20 feet at its narrowest point to nearly 40 feet at its widest point from the north property line. The site plan shows that the buildings would be setback 20 feet from the west property line (along Federal Highway). Buildings #1 and #3 would be setback 35 feet from the south property line (along Bamboo Lane). On the site plan tabular data, the setback table indicates that the parcel setbacks would be 20 feet from the west property line, 15 feet from the north property line, 30 feet from the south property line, and 10 feet from the east property line. This does not coincide with the aforementioned setback information and as a consequence, must be rectified to match each other at the time of permitting (see Exhibit "C" - Conditions of Approval). The unit setbacks within each parcel boundary are proposed as follows: Front, Rear, and Sides - five (5) feet. No individual swimming pools are proposed but a note on the site plan indicates that screen enclosures would be permitted, such as long as they do not go beyond the building envelop. The second story balconies would be approximately three (3) feet deep and extend into the front setback. This encroachment would only occur within the setback proposed along Federal Highway. The recreation area would be located at the eastern portion of the property abutting the finger canal and flanked by the townhouse buildings on the north and south sides. It would include a cabana and a swimming pool. The clubhouse elevation (sheet A-17) does not indicate the roof height but shows it as a one (1)-story structure. Staff Report - Estancia (NWSP 05-026) Memorandum No PZ 05-208 Page 8 Design: The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, decorative shutters, outriggers, and S-tile roof. The elevations show that each building would have decorative garage doors, tile inlays, and wall mounted lighting fixtures. The project proposes multi-colored buildings consisting of the following Sherman Williams paint: Color code Color Location SW# 6686 light yellow Main wall SW# 6339 Tan Main wall SW# 6673 Yellow Main wall SW# 6355 Light Brown Main wall SW# 6962 Purple Shutters The elevations of the clubhouse (sheet A17) show that it would have the same S- tile roof as the townhouse buildings. The clubhouse would be painted yellow and would have an aluminum gate with self closing and latching doors to meet requirements of the Florida Safe Pool Act. The plans propose one (1) type of outdoor freestanding lighting fixture. The Type "A" Light Pole detail on the photometric plan detail (sheet PH1 of 1) indicates it would be 18-feet in height and made of round aluminum. Each pole would be painted black and have a decorative lamp. The photometric plan demonstrates that lighting levels would be adequate and not "spill" over onto adjacent properties. Pursuant to Chapter 2, Section 5.L.4.g.(1) of the land Development Regulations, project compatibility is judged on how well the proposed development fits within the context of the neighborhood and abutting properties. Attached is a letter-sized sheet that illustrates building heights, setbacks, and plant material. Staff determined that the original Dakota Lofts site plan met the intent of the code, and this generation of plans (Estancia) surpasses the quality of the former. Signage: The Landscape Feature detail on sheet AO.1 shows that an "Estancia" sign is proposed on the entry wall at the southwest corner of the property. The detail shows that it would be aluminum, black powder-coated lettering with uplighting. No dimensions or font types were indicated on the sign detail. The sign is limited to six (6) feet in height and 32 square feet in area pursuant to Chapter 21, Article IV, Section 1.D. of the land Development Regulations (see Exhibit"C" - Conditions of Approval). RECOMMENDATION: Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon the successful request for land use amendment / rezoning (LUAR 05-009) and subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Estancia @ Boynton Beach\NWSP OS-026\Staff Report.doc LOCATION MAP Estancia at Boynton Beach (f.k.a. Dakota Lofts) Exhibit A . i i i :t I m * I I I t i i I i f I , , J I ;' i J I i f ; i I I l---J_ ! ---------. I -- ! ----.......,..- i I ! ! ! I i i i i I I I ! 1 '1 ! i I I I . 1>. . '1' ......--.. . r._. 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I~ .! ij =- 1= 7L (.I~: i i ~ ~ m~ 5 i A\tM<l3l\tM l\tlS\tOJ\t<ilNI ~~~~ ~ ~ ~~ m~ ~ S II "' it i 3 ~ i :. ! m i ~H ~ ~H I ~~~ ~ !~~ ! 11,1 1III ~.d ~~<8 jqq~ "I i I ' i I I ;i I I ~ I~ II ~ ~ ., g I, .. :' !! , EXHIBIT B ~~ ~ i i ; !II i':' r! l ; I ~n ~n; ~~. ~ ,.~ ..,~,~ IN , ~ '0 p z <( z cf 0 t- CJ ~u ~ ~~ ..;( r;? ~ .q:"f- o <('" z _ u -<{ 0,j .J 2:1' (l <( t- .... Vl t- W Vi j ~I 1 ! ! .< ~, ," n ,. ~ ~ I ~ f J ~ ! ~ m ,,~Xe ! I~ . ~ H- ~ .1. " i ; ~iI~ ~ ijh I ~ ; I > ~ e .~I 5 a U I ~~ ~ .,. ~~ · ii~ II 8 erh ~~~ ~~ t:. ~o. ~ ~ III ~ < il ! !~~ · ~~ · _'0 -". -- ~I!ili 3 ~~ ~ ! !~~ .. ~I' II ~! I ~e . JBtf uh~ Ii !~U5 r ! Ih ! ~i <t; m 0..: g~ w~;_~ CO ~ ~-~ ~.::U-(J)t. ~t(l<OOi <~~~i CO "'~ ~ -j~~~j CJ) ~ ;;;U:.~ Or:::~~ ~o>~ 0::0" . <t; ~~ U ~ i !!!~!~!II!!ll!!!III!!!! ! [CO ~J I ...., . ua.. ~ . 1~~lllfll!!fl~f(fllf~~~ h I lllllllllllllllllllllll ~I ~I ~I ~~ ~~ ! , .li II o 0 c jl ~I jl fi 5 i ;.:. ;- 1 : 1 ~~ i ! l j i~ II II ii I ~! I I; .' I ~ ~ L, t ~ . ~ I . ! s ~ ~ ~ (,\ \tMH~/H lvl:! 303:1 H lnoSJ {'oN- ), \tA\H~IH 'S'n .il~ U -<~~ ~ i:! ~ I, HI~ I.a !jH tf~ ~ ~!V" \C~ ~ ~ ~ I ~ .. ~ i' t ~ ~ ~ 'i o .. o ~ ~ 3 ~ i ~ ~ ~ g ~ z t' ... t; ~ w !II ~ It ~ III ~ It I I c:i III .. ~ & (j ~ 31 ob ~ ~ ~ ~ l ~ J ~ ~ n' ~I ~ ,,' >- :ct 13 lIi ~ ~ ~ an ~~ .Jill EXHIBIT B trf\brfl I -1 P00/200'd 1ri I "~ I 5 r: ill :t_~ '<t:r oc II ~ ..... ~ ..IN UJ- '<t Q ~ ~ ~ ~ -1 , II ~ ~ d al d) ~ <{~ (l:t ..JQ oct ~. 111 -' ~~ \ ",,- \ '1 \) lij ~ t:- Q:r ~ ~ ('4 '" Q m i ~ ~ ~ ..J &. ~ ~ -1 d) r,: J11 HOIM01j JHH 20:51 (03~)5002-GI-l)O .Q-.er .01-..... .OI-.VI n4J-.4J1 1100/200 'd 6620 EI12 195(XH~) . . ... . lI\ i~ Ii I ~ i= U llJ U) UJ t- \i} S~Ja~J4JJH ~flO~S IIppUPH EXHIBIT B ~ I ~ I::::l ~ g~ ~5 ~< ~~ @?)~ /lJ1Df-i [!J)lJ~ 60 ~~ It ~ 0:;::: (1'\ 1U ...J ~ a) Q ~~;: ~~u <~~ oO~ Z ::r:: <~u ~ ~r.n< ~ ~ U 0" m ~ UJ t- d) E9 IX:l I CI';) ~ ~ ~ g ~O\ 'J;; 0\ oS -. ~tI") .d'~ ~,...., 0_ a:I't:) !~ q~ --4 CD - .- 0\ JlQ\ ..r-- 00 <~ =~ s__ e- .~ \0 Jl~ z....j ttJ ~f-4 9E: II (nHl)5002-02-lJO EXHIBIT B In J> (p -I '3 ~ H~ ~~r ~Eg r' .i: q rfiITe ~[OIID m r m ~\ ~ J> [ m-l~ f.--j - -j :Oi 6Z; : [[IIJJJ ~ rmro !lfID ! ! ~-L ..__I.____..............,........."..t._.,,__.......-........_....._..___.___'__11__.._.._..__..".....-._...,...........____.._.............-.-.-.... REV 51 .,.- ATE f} ~ rr & '. i~ ~ ~ Ii - ~ i~ -D- RANDALL )LIl ~X9fKr. THE E&T ANCIA 6o\lnlcn 6eC!lc:h. FL H.C.C. 6o!Jnton, LLC .42 N. 5tJIlnlon Av~, D~lra::l B~d\ FL 334.44 (501) 2.(3-eq~ N"plee., FL (13'3) 262.1611 E m (p --1 m r m @\ n\ J11--1 ~ ~\- -/ .'O~ ~Z; EXHIBIT B ~ I ; f ~ /l .~ ~w n < ~m . ~ ;W .. i' , f()] :[]Dlq~ ~ <f' D[][]WJJ :DDlDD : [JODlDl +-" :DD/[JJ[J '[]CDlD D[]CD Ha lf~ " i ~J e !O! ~' li.H I" ~, R~. Ii ;- ...~ .' If l TB:~j\ 1 - g.-~ 1m : -; ~tlJ\ "' !~ii <= ~~~ ;~{~\ 1IlI_1IlIl !,St III ~fJ: fiT I i I .~~.~" ~~~ -_BBI : IJ::I:J :5%;"~m t Ii 7-'1'~ : ~ T "'~.,,' , ':t.:i;.~ ' 1: ... -,.<' iW !. . -;{!~ "I i~ 1#<'- I A - 1111 >:~. j ~. '!} i II I I ii-Oj I I 1;_.-' '". I - --- .,.,,' ~m,-:r: ~ ~'b ~r:'.., Itt~!*"'~ : r I I 1~~.'rT.S f,~: == f;. 18 " " !: -- ~ : 8881 :DDDD : O[JJeD f+-. : D[JJ[][JJ ;O[JJDD ;ODCD '. [QJ '. i 11I__ ; DDlDD ! ITTl ; CD/CD i --; : ODOIl] _311m : ODDIIJ +-JE"" :DDDIl] <fl'[][](ji : [J[][][] : 10 ; " 101 : []1JJ[][lJ :O[][]D ; DODD : D IJJCIQIll f+-_ ~ i ODD 1: ODD I DDOD i -- 1 i~ Tr if .~ :;q ~~. i ~ ~~'~ !:~ ~f' ! 1- ~;z I . .~ . :"lifi'i'? ,- 'tlu -~~~ : .. -.- III~,* 4 " L( TT 1 111~~ ! :~U'" :r; l~ . 11 : -.- -. :'~ Ih III ;1.'5=5: iTIi ., R l<ct~ i ...--- -~ -- ~ r : : I~;i~ ;a ~ ~ ~. :;, .< . ~ ~'~ .> .< . : ~ ~ RANDALL ~ jk1J ~R1R ~~1: _..._t......__.._ REVf6 Y A THE E€lT ANCIA 6oynton 6eBC:h, Fl. H.C,C. 6oynton. I.I.C . SwtntonAve, Pelra~ BMd\ FL 334-4.( (~r) 243-01~<l3 Naptes, FL {2~ 262.1611 ~_ J --'.-' J-. Ii -- -'~' - ---t--- - ---"'-------.- ~w li'~ ij - I !~ ' I" ih \ (p H~ ~ ifF 0 ~J m !R~ i~~ m r In -l \ ~m wI> '1 (1 ~ -I [ m~Z ,\() =i , -; -~~-----! 'Z1 . ~ HP~ [lID) j-__u__ t ~~I : rtTlrTrJ !~ i,,,,~~:l I ~ : ;~ : /1 1m 'j ~; ~~ . I ~~ ~~ ;, '.." ~ ; ;H~ a i~ ... it i P na i~~ ~r ..; !ji q -4- RANDALL fl ~X9.fKJ, THe e&TANCIA SOli"'ton SeBeh, F"- !-I.C.C. SOli"'ton, "-"-C 41 N. 5w1n\~ Ave, Delra'j ~.1ch. FL 33444 (561) 243-ct:l'~~ Naplea, FL (23~ 262-16" EXHIBIT B -.........---.-... VI ... ATE T\ r \}l ~ ~I ~EXHIBIT B ~ if . ;1 I I I ~. . I i I" IJ "i 1'1 " III hi I I ~ ~ ~ I Iii hi ni III ... - I fli lfi if " m fd ii i ~ 'j ~ z r- ~ ':' .:. n ~ ,. ~ :q .~ ~ ~ l! ~ ~ ~ i5 ~ ~ " ~ 2 ~ I.d II ! ,. ;a Jill f I ;J .~ II, IL ~i I ~~IH ~~~ ~ I !( _2 ~ jlI ~ ~s ;EB ~ dj i I ~ 5l m: II Iii. fPll () ~r ( m ()~ f -j .'()~ ~,ij; 11 ,ij (j) -I /----" l,,:)- (~ \,'------/ (;~ _/ 8- c: --~-~-# , ~~ ~~ ~ 0~ ~n ~~ ~ 0~ ~g _.~._~~-,._--- W f;- · n ~U ~ 5:l -L RANDALL ~ ~X2fE~I THe e&T ANCIA 6oynlon 6ea ch, FL H.C.C. 6oynton, LLC 42 N. Sul~ton Ave, DeIrA!l Beach, Fl 3344--4 (5bl) 1"'3-lt)1~~ N.!lple5. FL (23~) 'b2.16,1 EXHIBIT B C' (~' 1 '"1 I '- / ...1_.......__._.._ 6 Y AT ~ RANDALL fl ~R1RfE~~ THE E&T ANCIA 6olflton 6e.! ch, I=L. I"'(C.C_ 60lf'lon, L.L.C -_.~ HIBIT B .-............-....... ,." I .,. A EX CD cp) ~ i;:' '--/ o LD Em - O-Q~'~ (?-~f..._~.C : ~ (p m o o l o (--;;' \'J i~J Em o (0", '.-- -._ "no ~ ) (~. . . " . -=-~~ (fill o ~r [ mo~ ~~ -t .'O~ c: ~ ,u; o [lJ Em 41 N. SwInton Ave:. D~lra~ 5each. FL 334...44 l~/J 243-i"~ Ndples, Fl (139) 2.62~'6" --I I AI o 0>11 o ~r [ m(\ ~ fV~ .'O~ ~~; po 8 (~-, I"J' ~/ rrl EXHIBIT B rF~~~-';:::==-:::::~C~=--=~~--- =1 lji~~ ~I c ! 8gL(!y ~ ~ -' 1 0 ; ,---L 11 - [ j ~_= : X~L=J .~ ~ /~,WT ~. 'e) [)C1 [-EI~~,~'f::iT - .. ._J 0 9 91 U c'j Iii! V',@, ~3 .~~ ~I E 91 ~ ' '. ! ~ _-=I~,~J- J==J . ,I~ ~_ ,,~~ u ~~, // H / _U'_ __J,,_ .~~_l>oo. _ Al OI4lLu~li-~II~ 1- mn m nn ~ (;;) (;;) '1U c8 [(J1 T @l.. n.nn_m__, n ~ ~~) \J c8 ~ : b~ tvnJ U!iJ L{X _^~II:;, ~ I- F' ~ Ii: 3 \'.... !i l= i! r-::J '-'~ r==" --'}, ~ ~ ~ e--- / uu__ I - j ~ ~ q v @] ~ ~ i 81 (;;) - ~ T ~ i~ E 91 ~ ~ - ,: ~ /] - ~ == t)\ [5<jL--- ii""" ~ _"'~~/'-ii D'--llnL.II -' t::>< lEi': ----- _n -~ IW (;;)'1 U' c8 KI --- -'- ~ '--~ >--~ ~ ~ c:=:J @ ~ V@l '- ~-~'\. m) ...-/ n co rrl) ~~/ ~ RANDALL ~ ~X9.fKrs TIo15 50TANCIA 6oynton 6e/lch, FL. H.c.c. 6o\:jnton, L.L.C 41 N. SwInton Av.e, Delr.!llj Be.!lch, FL )34.44 (!;bl) 2....3-"1~ Ndp'~, FL (23~) '62.1611 _I:I.~._.-.-'''' liST r5A EXHIBIT "C" Conditions of Approval Project name: Estancia at Boynton Fi]e number: NWSP 05-026 Reference: 3'd review ]ans identified as a New Site Plan with a Se tember 27 Department date stamp marking. I I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: I. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Deve]opment Permit. 2. The existing Boundary Survey is an augmented version of the Dakota Lofts X record plat (recorded in P.B. 97, Pgs. 132-134, on 3/11103); a new record plat will be required to reflect the new Site Plan and additional land to be incorporated into the development. 3. Full drainage plans, including drainage calcu]ations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 4. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicab]e City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 5. All utility easements and utility lines shall be shown on the landscape plans X (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In genera], palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.] gives public utilities C01\ 11/03/05 2 I I DEPARTMENTS INCLUDE REJECT the authority to remove any trees that interfere with utihty services, either in utility easements or public rights-of-way. 6. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 7. 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.sj. 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)). 8. 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. 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING -- Comments: 11. Indicate within the site data the type of construction of each building as X defined in 2004 FBC, Chapter 6. 12. Indicate within the site data the occupancy type of each building as defined in X 2004 FBC, Chapter 3. COA 11/03/05 3 i DEPARTMENTS INCLUDE REJECT 13. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 14. 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 2004 FBC, Section 1609 (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. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. 16. 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. 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. 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. 19. 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. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C The number of dwelling units in each building. D The number of bedrooms in each dwelling unit. E The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) CO^ 11103/05 4 I I DEP ARTMENTS INCLUDE REJECT 21. 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 A legal description of the land. B The full name of the project as it appears on the Development Order and the Commission-approved site plan. C 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. D The number of dwelling units in each building. E The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(f)) P ARKS AND RECREATION Comments: 22. Recreation and Parks Impact Fee is $23,130 and should be paid prior to the X issuance of the first permit. FORESTER/ENVIRONMENT ALIST Comments: 23. The plant material (and their specifications) proposed on the Cross Section of X Federal Highway Buffer supersedes the same as shown on the landscape plan and therefore, a revised landscape plan will be required at the time of permitting. 24. Three (3) Gumbo Limbo trees are proposed at the northeast comer of the X property, adjacent to the single-family home. While Gumbo Limbo trees provide a large canopy, staff still has concerns over the deciduous nature of them and their ability to effectively buffer year-round. Therefore, recommends substituting these three (3) particular trees with another type of native, canopy tree, such as a Paradise, Red Cedar, Hex, or Mahogany tree or a combination. PLANNING AND ZONING Comments: 25. Because there are multiple lots, a unity of title will be required to join the lots X together. This shall be executed prior to the issuance of a building permit. 26. Approval of this project is contingent upon the approval of the accompanying X request for land use amendment / rezoning (LUAR 05-009). Staff recommends that all sales information used to promote the development and COA I 1/03/05 5 I I DEPARTMENTS INCLUDE REJECT all homeowner documents should inform buyers that the units are located in the hurricane evacuation zone. 27. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have this approval prior to the Community Redevelopment Agency Board meeting. 28. On the site plan tabular data (sheet SPI of 2), indicate that the project X requires 65 parking spaces rather than 62 parking spaces. Also, correct the tabular data on the on the site plan prepared by Randall Stofft Architects (sheet AO.I) so that it matches sheet SPl of2. 29. On the site plan tabular data, the setback table indicates that the parcel X setbacks lines would be setback 20 feet from the west property line, 15 feet from the north property line, 30 feet from the south property line, and 10 feet from the east property line. This does not coincide with the aforementioned setback information and as a consequence, must be rectified to match each other at the time of permitting. 30. All new docks would require approval from the U.S. Army Corps of X Engineers. If an IPOD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage built will not exceed in width, the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)). 3]. The sign is limited to six (6) feet in height and 32 square feet in area pursuant X to Chapter 21, Article IV, Section J.D. of the Land Development Regulations. 32. A condition of approval from the Community Redevelopment Agency Board X from the original site plan application stated the following: Provide formal agreements between the developer and the adjacent property owners regarding the current and proposed water service. This directly relates to those adjacent single family residences currently receiving water service from a well that is located on the subject property. 33. A condition of approval from the Community Redevelopment Agency Board X from the original site plan application stated the following: Provide formal agreements between the developer and the adjacent property owners regarding the continued use of existing docks located on the finger canal of the subject property. 34. All elevation pages shall indicate the paint color name and corresponding X color codes. Staff recommends using a color schedule (Chapter 4, Section 7.D.). 35. In order to ensure proper maintenance of the buffer areas, staff recommends X converti~g them from private property to "buffer tracts" that would be owned COA 11/09/05 6 I I DEP ARTMENTS INCLUDE REJECT and maintained by the Home Owners' Association. --- 36. Staff recommends enhancing the south fa<;ade of the southemmost building X proposed along Federal Highway with additional elements, such as faux windows, faux balcony, score lines, decorative shutters, awnings, and / or inlays. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS: Comments: 37. Omit condition #36 and require south elevation along Bamboo Lane to have X similar architectural features as the west elevation along Federal Highway. 38. Request from DOT approval for on-street parking. X _.-- 39. Consider placement of utilities underground. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 39. To be determined. MWR/elj S:IPlanningISHARED\WPIPROJECTSIEstancia @ Boynton BeachlNWSP 05-026ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Estancia at Boynton AGENT: Mr. Carlos Ballbe I Keith & Ballbe, Incorporated AGENTS ADDRESS: 2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 townhouse units on a 2.65-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: 3010 South Federal Highway. East side of South Federal Highway, approximately 400 feet south of Old Dixie Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO- X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "c" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7 . Other DATED: City Clerk S:\PJanningISHAREDlWP\PROJECTSlEstancia @BoyntonBeachINWSP05-026\OOdoc XII. - LEGAL ITEM 8.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office D December 6, 2005 D December 20, 2005 o January 3, 2006 D January 17, 2006 November 14, 2005 (Noon.) D February 7, 2006 D February 21, 2006 D March 7, 2006 D March 21, 2006 January 17,2006 (Noon) December 5,2005 (Noon) February 6, 2006 (Noon) December 19, 2005 (Noon) February 21,2006 (Noon) January 3,2006 (Noon) March 6, 2006 (Noon) NATURE OF AGENDA ITEM D D D D D D Administrative Consent Agenda Public Hearing Bids D Development Plans D New Business C:) {"'1 C) 0 Legal ! Cl , D '-' Unfinished Business D -.- .>~ ;~, --.. Presentation Announcement !-- ~ 71 ~_.- -qCO (~'':; [""11 - :D- ;:-'j C') RECOMMENDATION: Motion to approve an Ordinance abandoning a portion to North Circle Drive (aka NE 17th Avehue) and a portion of South Circle Drive (fka NE 16th Drive) from NE 3rd Court westward to the Four Sea Suns Condominium, Inc. complex. City Manager's Report EXPLANATION: The City Commission approved the resurfacing of these two (2) roadways on the consent agenda at the July 19, 2005 meeting along with Resolution No. R05-122 at the same meeting authorizing this improvement, and the Abandonment Agreement with the Four Sea Suns Condominium, Inc. The resurfacing has been completed; this proposed ordinance will take these roadways out of public responsibility and place them with the condominium association for all future maintenance and upkeep. PROGRAM IMPACT: Elimination of all future need to maintain these two (2) roadway segments once this abandonment procedure has been completed. FISCAL IMPACT: N/A ALTERNATIVES: The City will be required to continue maintenance of these roadways on a regular cycle basis, which only 'e~" th;, <0 ominium ",Wo;.ti/1Ublk "tbru" 'treel< ...e connected to ~ ' Signature City Manager's Signature Public Works I Engineering Division Department Name "'~ . ~ ;l}(~ City ttorney I Finance I Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 06- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A PORTION OF NORTH CIRCLE DRIVE (AKA NE 17TH AVENUE) AND A PORTION OF SOUTH CIRCLE DRIVE (FKA NE 16TH DRIVE) FROM NORTHEAST 3RD COURT WESTW ARD TO THE FOUR SEA SUNS CONDOMINIUM, INC., SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Four Sea Suns Condominium, Inc., , pursuant to the Right-Of-Way Improvement and Abandonment Agreement approved by the City Commission on July 19, 2005, through Resolution 05-122, is requesting the abandonment of a portion of North Circle Drive (aka NE 17th Avenue) and a portion of South Circle Drive (fka NE 16th Drive) from Northeast 3rd Court westward to the Four Sea Suns Condominium, Inc., complex, subject to staf comments; and WHEREAS, comments have been solicited from the appropriate City Departments, andl public hearings have been held before the City Commission on the proposed abandonment; and I' I WHEREAS, staff has determined that the subject roadway segments would no 10nge~ serve a public purpose and would eliminate the need for the City to maintain these two roadwa segments once. ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated I herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereb abandon a portion of North Circle Drive (aka NE 17'h Avenue) and a portion of South Circle Drive (fka NE 16th Drive) from Northeast 3rd Court westward to the Four Sea Suns Condominium, Inc., complex, subject to staff comments, and more particularly described in the attached Composite Exhibit "A." I I Section 3. The City Manager is hereby authorized and directed to execute thel attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. S:\CA\Ordinances\Abandonments\Four Sea Suns. doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this _ day of ,2006. 2006. SECOND, FINAL READING AND PASSAGE THIS _day of CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA\OrdinanceslAbandonmentslFour Sea Suns.doc EXHIBIT "An PARCEL 1 LEGAL DESCRIPTION BEING A PORTION OF THE 30.00 FOOT WIDE RIGHT OF WAY OF SOUTH CIRCLE DRIVE AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT, RUN THENCE NORTH 02' 04' 20" WEST ALONG THE WEST LINE OF SA I 0 PLAT, A o I STANCE OF 30.02 FEET; THENCE NORTH 89' 59 ' 35" EAST, A D I STANCE OF 495.63 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 30.00 ~EET TO A POINT ON THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH LINE OF LOT 20, A DISTANCE OF 494.55 FEET TO THE POINT OF BEGINNING. TOGETHER WI TH PARCEL 2 BE I NG A PORT I ON OF THE 60.00 FOOT WI DE RIGHT OF WAY OF NORTH CIRCLE DR I VE AS LAID OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1. PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT, RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 319.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20" WEST ALONG SAID WEST LINE, A DISTANCE OF 60.04 FEET; THENCE NORTH 89'59'35" EAST, A DtSTANCE OF 500.21 FEET; THENCE SOUTH 00'00'250 EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 22~ THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH LINE OF LOT 22, A DISTANCE OF 498.05 FEET TO THE POINT OF BEGINNING. THIS SKETCH OF LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M. SMITH. FLORIDA CERTIFICATE NUMBER LS 004676. BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR IDA, HA V I NG A BEAR I NG OF NORTH 02' 04 ' 20" WEST. SURVEYOR'S NOTES SKETCH OF LEGAL . DESCRIPTION PROPOSED ROAD ABANDONMENT T MOTHY M. SMITH, P.S.M. FLORIDA CERTIFICATE NO. 4676 SCALE: N/A DATE: JAN 2005 DIRECTORY: BOYNSUNS FIELD BOOK: N/A NOT A SURVEY TIMOTHY M. SMITH LAND SURVEYING~ INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 (561) 602-8160 LB #6865 SHEET 1 OF 2 DWG NO.: SUNSSKOl :::------ - a: -:> Z ;2:0"- >-10 oU) U) a:-WO 3: m>OZ 0 -<{- . ::?;OQ...a: N...t <{CO <{. 0 U) ::> ..- w ..q. . U) ro 00 ~ . to ~~g~ ~ W::>m Z Z..-l (/) . -01-- ..-lQ...<{U) >-..-l<{ >IQ...ro - o to ROLLING GREEN RIDGE FIRST ADDITION n PLAT BOOK 24 PAGE 226 (J) > o C'l . ...t o 3: N · 0 a. z C'lC'l - 0 ...t. 00 Nt'") o Z I- 0:: ::> o u Cl Z N W Z POINT OF BEGINNING PARCEL 1 POINT OF COMMENCEMENT PARCEL 2 SW CORNER LOT 20 SAM BROWN JR'S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 TIMOTHY M. SMITH LAND SURVEYING,INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 (561) 602-8160 LB #6865 F;:i~ EXHIBIT "Aw ~ w w- lJ- C> o :z ~ - II o o W~ -l <(W U -l U1<( U U(/) ::r: Q... <( 0::: o LOT 23 POINT OF EGINNING PARCEL 2 SW CORNER LOT 22 , SAM BROWN JR S . HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 SAM BROWN JR'S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 LOT 20 o If) C> LOT 22 N89'59'35"E 500 . 21 ' PARCEL 2 PORTION OF N CIRCLE DRIVE 589'59'35"W 498.05' S LINE LOT 22 LOT 21 N89'59'35"E 495;63' PARC L 1 PORTION OF 5 CIRCLE DRIVE 589' 59' 35"W 494.55' S LINE LOT 20 .' 28 LOT 19 27 26 BOYNTONBOROUGH PLAT BOOK 25 PAGE 174 NOT A SURVEY SKETCH OF LEGAL DESCRIPTION PROPOSED ROAD ABANDONMENT W If) N- _0 00 o' .0 OlD o (/) o co I- a:: :::> o o Q a:: l") w z - o l") ~\. NO . 0 o . 010 , l") ~\~ 18 19 20 \~ w z SHEET 2 OF 2 SCAL E : 1" 1 00 ' DA TE : JAN 2005 o I RECTORY: BOYNSUNS I FIELD BOOK: N/A DWG NO.: SUNSSK01 '21 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon a portion of North Circle Drive (aka NE 1 ih Avenue) and a portion of South Circle Drive (fka NE 16th Drive) from Northeast 3rd Court westward to the Four Sea Suns Condominium, Inc., complex subject to staff comments, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this _ day of January, 2006. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Janet Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _ day of January, 2006. NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA\Ordinances\Abandonments\Four Sea Suns.doc EXHIBIT "An PARCEL 1 LEGAL DES'CRIPTION BEING A PORTION OF THE 30.00 FOOT WIDE RIGHT OF.~AY OF SOUTH CIRCLE DRIVE AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT, RUN THENCE NORTH 02"04'20" WEST ALONG THE WEST LINE OF SAID PLAT, A D I STANCE OF 30.02 FEET; THENCE NORTH 89' 59 ' 35" EAST, A 0 I STANCE OF 495.63 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 30.00 ~EET TO A POINT ON THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH LINE OF LOT 20, A DISTANCE OF 494.55 FEET TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 2 BEING A PORTION OF THE 60.00 FOOT WIDE RIGHT OF WAY OF NORTH CIRCLE DRIVE AS LAID OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1. PAGE 81. PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON'SAID PLAr, RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAID PLAT, A DISTANCE OF 319.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20" WEST ALONG SAID WEST LINE, A D I STANCE OF 60.04 FEET; THENCE NORTH 89' 59' 35" EAST, A DJST ANCE OF 500.21 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 60.00 FEET TO A POI NT ON THE SOUTH LINE OF SA I D LOT 22.; THENCE SOUTH 89" 59' 35" WEST ALONG SA I D SOUTH U NE OF LOT 22, A D I STANCE OF 498.05 FEET TO THE POI NT OF BEGINNING. SURVEYOR'S NOTES THI S SKETCH OF LEGAL DESCR I PT J ON I S NOT A SURVEY AND I S NOT VAll D WITHOUT THE SIGNATURE AND RAISED SEAt OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M. SMITH, FLORIDA CERTIFICATE NUMBER LS 004676. BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1. PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A BEARING OF NORTH 02'04'20" WEST. ~ ~L' T MOTHY M. SMITH, P.S.M. FLORIDA CERTIFICATE NO. 4676 NOT A SURVEY TIMOTHY M. SMITH LAND SURVEYING~ INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, Fl 33411 (561) 602-8160 LB #6865 SHEET 1 OF 2 SKETCH OF LEGAL . DESCRIPTION PROPOSED ROAD ABANDONMENT SCALE: N/A DA TE : JAN 2005 DIRECTORY: BOYNSUNS FIELD BOOK: N/A DWG NO.: SUNSSKO 1 ~ - ~ ~ Z ~O"-- -co O(/) (/) ~_wt.') 3: ro>t.')z · _<(- o. :=EoO-~ N...t <(co <(. 0 U):::>"-W ...t . (/) mOO ~ . CD ~00l1- N ><00 0 w:::>m Z Z-' U)' -01-- .J0-<eU) >-.J<( ;s:Ia..m . o (0 ROLLING GREEN RIDGE FIRST ADDITION ~ PLAT BOOK 24 PAGE 226 0> 3 o 01 . .q- o 3: . . 01 O. ~ 01N - 0 ~. 00 (.,.,1') o Z I- 0:: ::> o c..> o Z N W Z POINT OF BEGINNING PARCEL 1 POINT OF COMMENCEMENT PARCEL 2 SW CORNER LOT 20 SAM BROWN JR' S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 TIMOTHY M. SMITH LAND SURVEYING, INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 (561) 602-8160 LB #6865 F;j~ EXHIBIT "An I- W w- u- 0 o :z ..-- - II o o W..-- ...J <(w U...J (/)<( U U(/) :c a.. <( 0:: G LOT 23 POINT OF EGINNING PARCEL 2 SW CORNER LOT 22 , SAM BROWN JR S , HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 SAM BROWN JR'S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 LOT 20 o L() o LOT 22 N89'59'35"E 500 . 2 1 ' PARCEL 2 PORTION OF N CIRCLE DRIVE 589'59'35"W 498.05' S LINE LOT 22 LOT 21 N89'59'35"E 495;63' PARC L 1 PORTION Of 5 CIRCLE DRIVE 589' 59' 35"W 494.55' S LINE LOT 20 LOT 19 28 27 26 BOYNTONBOROUGH PLAT BOOK 25 PAGE 174 NOT A SURVEY SKETCH OF LEGAL "DESCR I PT I ON PROPOSED ROAD ABANDONMENT w Lf) C'r _0 00 o' .0 0<0 o (/) o CD I- 0:: :::> o () Cl 0:: ~ W Z o r0 ~\. 010 . 0 o . 010 . n ~\~ 18 \~ w :z SHEET 2 OF 2 SCALE: 1" 100' DATE: JAN 2005 DIRECTORY: BOYNSUNS FIELD BOOK: N/A owe NO.: SUNSSK01 19 20 '21 EXHIBIT RAR PARCEL 1 LEGAL DESCRIPTION BEING A PORTION OF THE 30.00 FOOT WIDE RIGHT OF.WAY OF SOUTH CIRCLE DRIVE AS LAID OUT AND IN USE LYING IN LOT 20, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON SAID PLAT, RUN THENCE NORTH 02' 04' 20" WEST ALONG THE WEST LINE OF SA I 0 PLAT, A o I STANCE OF 30.02 FEET; THENCE NORTH 89' 59' 35" EAST, A 0 I STANCE OF 495.63 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 30.00 ~EET TO A POINT ON THE SOUTH LINE OF SAID LOT 20; THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH LINE OF LOT 20, A DISTANCE OF 494.55 FEET TO THE POINT OF BEGINNING. TOGETHER WITH PARCEL 2 BE I NG A PORT ION OF THE 60.00 FOOT WI DE RIGHT OF WAY OF NORTHC I RCLE DR I VE AS LAID OUT AND IN USE LYING IN LOT 22, SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, AS SAME IS SHOWN ON" SAID PLAT, RUN THENCE NORTH 02'04'20" WEST ALONG THE WEST LINE OF SAID PLAT. A DISTANCE OF 319.11 FEET TO THE SOUTHWEST CORNER OF SAID LOT 22 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 02'04'20" WEST ALONG SAID WEST LINE, A DISTANCE OF 60.04 FEET; THENCE NORTH 89'59'35" EAST, A DtSTANCE OF 500.21 FEET; THENCE SOUTH 00'00'25" EAST, A DISTANCE OF 60.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 22; THENCE SOUTH 89'59'35" WEST ALONG SAID SOUTH LINE OF LOT 22, A DISTANCE OF 498.05 FEET TO THE POINT OF BEGI NNI NG. SURVEYOR'S NOTES THIS SKETCH OF LEGAL DESCRIPTION IS NOT A SURVEY AND IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAl OF PROFESSIONAL SURVEYOR AND MAPPER TIMOTHY M. SMITH, FLORIDA CERTIFICATE NUMBER LS 004676. BEARINGS SHOWN HEREON ARE REFERENCED TO THE WEST LINE OF SAM BROWN JR'S HYPOLUXO SUBDIVISION, PLAT BOOK 1, PAGE 81, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, HAVING A BEARING OF NORTH 02'04'20" WEST. ~ ~~. T MOTHY M. SM~TH, P.S.M. FLORIDA CERTIFICATE NO. 4676 NOT A SURVEY TIMOTHY M. SMITH LAND SURVEYING~ INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, Fl 33411 (561) 602-8160 LB #6865 SHEET 1 OF 2 SKETCH OF LEGAL " DESCRIPTION PROPOSED ROAD ABANDONMENT SCALE: N/A DA TE : JAN 2005 DIRECTORY: BOYNSUNS FIELD BOOK: N/A DWG NO.: SUNSSK01 ::----- - ~ -, Z ~O"- -IX) O(j} (j) cr:-Wc..? ~ co :?: ~ = to_ :::EOo...~ NV <(co <(. 0 (j}:::>"-W"<t . (j) CO 00 ~ . to ~OOll.- N :><00 0 W:::>CD Z Z-' (j)' -01-- -,o...<((j) >--,<( 3::r:o...CD " o (0 ROLLING GREEN RIDGE FIRST ADDITION ~ PLAT BOOK 24 PA(}E 226 (J) 3 o N - '<t o ~ . t N o. ~ NN . 0 "<t. 00 N~ o z ~ ::::> o u o Z N W Z POINT OF BEGINNING PARCEL 1 POINT OF COMMENCEMENT PARCEL 2 SW CORNER LOT 20 SAM BROWN JR'S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 TIMOTHY M. SMITH LAND SURVEYING, 'INC. 103 SUNFLOWER STREET ROYAL PALM BEACH, FL 33411 (561) 602-8160 LB #6865 h:j~ EXHIBIT "A~ I- W W. ll.- 0 o :z: ..- - 1\ o o W...- -.J -<w U-.J V1-< u UV1 :I: a... -< 0::: <..9 LOT 23 POINT OF EGINNING PARCEL 2 SW CORNER LOT 22 , SAM BROWN JR S . HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 SAM BROWN JR'S HYPOLUXO SUBDIVISION PLAT BOOK 1 PAGE 81 LOT 20 o l[) o LOT 22 N89'S9'3S"E SOO . 21 ' PARCEL 2 PORTION OF N CIRCLE DRIVE S89'S9'35"W 498.0S' S LINE LOT 22 LOT 21 N89'S9'35"E 495.63' PA L 1 PORTION OF 5 CIRCLE DRIVE 589' S9 ' 35"W 494.55' S LINE LOT 20 28 LOT 19 27 BOYNTONBOROUGH PLAT BOOK 2S PAGE 174 26 NOT A SURVEY SKETCH OF LEGAL DESCRIPTION PROPOSED ROAD ABANDONMENT w - lC) N- _0 00 o' .0 01.O a (/) a 1.O I- ~ :::> o o Cl cr: ~ w Z o t') w ~\o . 0 o . 0\0 . r0 g\~ 18 \~ w z SHEET 2 OF 2 SCALE: ," '00' 19 20 21 DATE: JAN 2005 DIRECTORY: BOYNSUNS FIELD BOOK: N/A DWG NO.: SUNSSKO 1 . - EXHmIT "B" Scope of Improvements to North Circle Drive (f/k/a N.E.17th Avenue) and South Circle Drive Prepare existing alphaltic surfaces to be overlaid, including elimination of any "pot holes" to allow for the new surface course. Adjust all water main valves and wastewater system manholes to allow for the overlay course; stormwater structures will be evaluated on an individual basis for any adjustment. Overlay area delineated in Exhibit "A" with a one inch (1-") asphaltic concrete overlay surface course. Re-stripe all parking spaces and pavement markings overlaid with applicable similar markings and line striping in accordance with city standards; reset any and all wheel stops removed for the overlay surface course in accordance with eity parking standards. CITY OF BOYNTON BEACH or~ \J OFFICE OF THE CITY ENGINEER 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone #(561) 742-6480 FAX (561) 742-6285 LETTER OF TRANSMITTAL Date: December 2, 2005 -, TO: Joyce Costello Administrative Assistant City Manager's Office ---.,~ SUBJECT: Four Sea Suns Roadway Abandoments - " ~---J t .~; ,~. ~ C) TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS: Descri tion C. Comm. A end a Item for above noted subOect. Remarks: Pursuant to the copy of (copv attached) the e-mail from the City Attorney's Office, we are transmitting the agenda form for this proposal abandonment. David Tolces is working on the actual ordinance: these exhibits will be referenced in the ordinance. Please have Mr. Bressner sign-off on this agenda item. Mr. Tolces will supply the actual ordinance. Thank you. Copy to: Jeff Livergood, PE, Dir. of P.W. David Tolces, Esq. File (;7/ : Signature: k:(Jd:t,C~,~ ' H. David Kelley, Jr. PE/PSr1 :~ City Engineer /' "0.", S:\Engineering\Engineering Dept. Letter of Transmittal.doc Four Sea Suns Roadway Abandonments Page I of I Kelley, David ~CQ)[P))f From: David Tolces [dtolces@cityatty.com) Sent: Wednesday, November 30,20054:15 PM To: Alibrandi, Julianne; Kelley, David Cc: Livergood, Jeffrey; Swanson, Lynn Subject: RE: Four Sea Suns Roadway Abandonments Thank you. 'David N. 'lo{ces David N. Tolces, Esq. Goren, Cheraf, Doody & Ezral, P.A. 3099 E. Commercial Boulevard, Ste. 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 email: dtolces@cityatty.com This e-mail and any files transmitted with it are confidential and intended solely for the individual or entity to whom they are addressed. If you have received this e-mail in error, please notify the sender by return e-mail. Thank you. From: Alibrandi, Julianne [mailto:AlibrandiJ@ci.boynton-beach.fl.us] Sent: Wednesday, November 30,20054:11 PM To: Kelley, David Cc: Livergood, Jeffrey; David Tolces; Swanson, Lynn Subject: Four Sea Suns Roadway Abandonments Mr. Kelley: Assistant City Attorney David Tolces has reviewed the proposed 12-20-2005 Agenda Request Item Form on the above referenced roadway abandonments to the Four Sun Seas Condominium complex that you sent to the City Attorney's Office on November 28th. He has found the Agenda Item Request Form to be acceptable. Please submit an original signed copy to the City Clerk's office with a copy to the City Attorney's Office. If you have any questions, please do not hesitate to contact our office. Thank you. Julie Alibrandi Secretary Office of the City Attorney 561-742-6050 12/2/2 00 5 XII. - LEGAL ITEM B.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Offic~ D December 6, 2005 D December 20, 2005 ~ January 3,2006 D January 17, 2006 December 5, 2005 (Noon) D February 7, 2006 D February 2 I, 2006 D March 7, 2006 D March 2 I, 2006 January 17,2006 (Noon) November 14,2005 (Noon.) February 6, 2006 (Noon) December 19,2005 (Noon) February 21,2006 (Noon) January 3, 2006 (Noon) March 6, 2006 (Noon) CJ () NATURE OF AGENDA ITEM D Administrative D Consent Agenda D Public Hearing D Bids D Announcement D City Manager's Report D Development Plans D' New Business ~ Legal D Unfmished Business D Presentation ~-...- I c~ r',) --,-! 1"-) c:-' .'-,-\ '-" S2 S~~ ~'-in RECOMMENDATION: Please plact\ this request on the January 3, 2006 City Commission Agenda under Legal, Ordinance-First Reading. Staff recommends that this ordinance be approved thereby correcting an inadvertent error in Ordinance 05-034 regarding minimum side setbacks in the R-l-AA Zoning District. For further details pertaining to the request, see the attached Department Memorandum No. PZ 05-248. EXPLANATION: An inadvertent error was identified in the above-referenced ordinance as adopted on July 19,2005. Within Ordinance 05-034, on line 17 of page #10, existing code text was crossed-out that had always allowed a 7 ~ foot minimum side setback for lots zoned R-l-AA and platted prior to 1975. Therefore, side setbacks could now only be reduced down to 8 feet (from the base of 10 feet) if approved through the new administrative adjustments. However, this was an oversight, and instead the text should remain allowing lots within those subdivisions platted after the specified date to be built with a minimum 7 ~-foot side setback. The principal objective of the revisions in Ordinance 05-034 was to decrease setbacks without jeopardizing the integrity of the single-family zoning districts. As a result, home expansions would be accommodated and variance requests reduced. You will observe that changes to district setbacks, including the addition of administrative review provisions, all represent possible reductions to setbacks, whether by right, or through further reductions based on justification, adjacent uses and date of platting. In contrast, by omitting the subject text, the base side setback for lots within the R-l-AA district is 10 feet without exception for those subdivisions platted before 1975. Further, this unintentional change would result in the creation of non-conformities; clearly not the intent of staff. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A ctor ~C'MQ , S' It)' anager sIgnature P~~d~' City Attorney I F"",oce I Hwrnm R"om", S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 04-008 Non-residential uses in single-family\Agenda Item Request -Jan 3, 06 - ord correction.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 ORDINANCE NO. 06- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING THE LAND DEVELOPMENT 5 REGULATIONS, CHAPTER 1, "GENERAL 6 PROVISIONS", BY AMENDING ARTICLE X, 7 "ADMINISTRATIVE ADJUSTMENT TO MINIMUM 8 YARD SETBACKS"; AMENDING SECTION 5., 9 "RESIDENTIAL DISTRICT REGULATIONS AND USE 10 PROVISIONS," TO CORRECT A SCRIVENER'S 11 ERROR MADE IN ORDINANCE 05-034; PROVIDING 12 FOR CONFLICTS, SEVERABILITY, CODIFICATION 13 AND AN EFFECTIVE DATE. 14 15 WHEREAS, on July 19,2005, the City Commission of the City of Boynton Beach 16 adopted Ordinance 05-034 which created a new article entitled "Administrative Adjustment to 17 Minimum Yard Setbacks"; and 18 WHEREAS, Ordinance 05-034 contained a scrivener's error in Section C2a which 19 deleted language which should have remained; 20 WHEREAS, the City Commission, upon recommendation of staff deems it 21 appropriate and in the best interests of the citizens and residents of the City of Boynton Beach, 22 to correct that amendment the Land Development Regulations of the City of Boynton Beach 23 to add back in the language regarding minimum side yard being seven and one-half (7 Y2) feet. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section I. The foregoing whereas clause is true and correct and is now ratified and 27 confirmed by the City Commission. 28 Section 2. Section 5C, Article X of Chapter I, "General Provisions" of the Land 29 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby 30 amended to correct a scrivener's error as follows: 31 32 33 C. R-l-AA SINGLE-FAMILY RESIDENTIAL DISTRICT. These district 34 regulations will create a maximum density of 5.4 dwelling units per acre. 35 36 1. Use permitted. Within any R-l-AA single-family residential district, no 37 building, structure, land or water shall be used except for one of the following uses: S:\CA \Ordinances\LDR Changes\amendment to setbacks 062805.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 5. a. Any use permitted in the R-l-AAA or R-l-AAB districts. 2. Building and site regulations: a. The following lot and building requirements shall be observed: Minimum lot area Minimum lot frontage Minimum front yard Minimum rear yard Minimum side yard Minimum living area Maximum lot coverage Maximum structure height 8,000 square feet* 75 feet 25 feet 20 feet 10 feet each side* 1,600square feet 45percent 30 feet *In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. Each and every other provision of the Land Development Regulations 25 not herein specifically amended, shall remain in full force and effect as originally adopted. 26 Section 6. All laws and ordinances applying to the City of Boynton Beach in 27 conflict with any provisions of this ordinance are hereby repealed. 28 Section 7. Should any section or provision of this Ordinance or any portion 29 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 30 affect the remainder of this Ordinance. 31 32 33 Section 8. Section 9. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately upon passage. FIRST READING this _ day of , 2006. S:\CA \Ordinances\LDR Changes \amendment to setbacks 062805.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECOND, FINAL READING AND PASSAGE this __~ day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk S:\CA \Ordinances\LDR Changes\amendment to setbacks 062805.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ #05-248 TO: THROUGH: FROM: DATE: RE: Jim Cherof, City Attorney Quintus Greene, Development Director Michael Rumpf, Planning & Zoning Director December 8, 2005 Ordinance 05-034 - Adjustments to minimum yard setbacks Correction of inadvertent error in zoning text The purpose of this memorandum is to identify an inadvertent error made by staff when processing the amendment to setbacks within the above-referenced ordinance as adopted on July 19,2005. Within the attached ordinance, on line 17 of page #10, I have highlighted the text that was crossed- out and to be deleted. However, this was an oversight, and instead the text should remain allowing lots within those subdivisions platted after the specified date to be built with a minimum 7 Y:z-foot side setback. . The principal objective of the revisions in Ordinance 05-034 was to decrease setbacks as much as possible without jeopardizing the integrity of the single-family zoning districts and neighborhoods. As ~ result, home expansions would be accommodated and variances requests reduced. You will Jbserve that changes to district setbacks, including the addition of administrative review provisions, all represent possible reductions to setbacks, whether by right, or through further reductions based on justification, adjacent uses and date of platting. In contrast, by omitting the subject text, the base side setback for lots within the R,.1-AA district is 10 feet without exception for those subdivisions platted before 1975. Further, this unintentional change would result in the creation of non-conformities; clearly not the intent of staff. Please consider this request as a correction to a "scriveners" error and process an amendment to Ordinance 05-034 for Commission consideration at their January 3, 2006 meeting. Please contact me should you need further information or clarification, or have alternative direction on the processing of this request including Board review. If you approve of this process, the necessary agenda cover sheet will be processed timely for the January 3, 2006 meeting. MR Attachment S:\Plannlng\sHAREO\WP\sPECPROJ\COOE REVIEW\CDRV 05-007 LOR Revlsions\correctlon of inadvertent error.doc )Cl1':: 0;::.. / ...... '\ ( . L :::l\ 1-' "0\ ..... "-/ t.; ~^_~:<c j 0 .,;) XII. - LEGAL ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21,2006 February 6, 2006 (Noon) rg] January 3, 2006 December 19,2005 (Noon) D March 7,2006 February 21,2006 (Noon) D January] 7, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans NA TURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing rg] Legal D Bids D Unfinished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Approve Ordinance No. 06-_ amending Part II, Chapter Two, Article 12, "Veterans Advisory Commission," Section 2-162 entitled "Organization" and Section 2-163 entitled "Board Appointment and Membership" of the City of Boynton Beach Code of Ordinances to provide for an increase in the number of Honorary Members on the Veterans Advisory Commission. EXPLANATION: Approving Ordinance No. 06-_ will increase the number of individuals the Veterans Advisory Commission may nominate for Honorary Membership from five (5) to ten (10). Preference will be given to residents of the City of Boynton Beach, but there will be no restrictions against non-residents being Honorary Members. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TIVES: Not to approve ordinance and have the Honorary Members ip remain at five (5) individuals. o 1/~7#?A-tV S AlJVlS()I2Y WI1fIJ1/SS/tW Department Name City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER TWO, ARTICLE 12, "VETERANS ADVISORY COMMISSION," SECTION 2-162 "ENTITLED" ORGANIZATION AND SECTION 2-163 "ENTITLED" BOARD APPOINTMENT AND MEMBERSHIP OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES TO PROVIDE FOR AN INCREASE IN THE NUMBER OF HONORARY MEMBERS ON THE VETERANS ADVISORY COMMISSION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, On September 6, 2005, the City Commission of the City of Boynton Beach adopted ordinance 05-047 to create the Veterans Advisory Commission; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of The Veterans Advisory Commission, does deem it appropriate and in the best interests of the citizens and residents of the City of Boynton Beach to amend the Code of Ordinances, Part 11, Chapter 2, Article 12, Section 2-162 to provide for an increase in the number of Honorary Members to the Veterans Advisory Commission; and WHEREAS, the City Commission of the City of Boynton Beach desires to increase the number of Honorary Members of the Veterans Advisory Commission to ten (10). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and are now ratified and confirmed by the City commission. Section 2. That Part II, Chapter 2, Article 12, Section 2-162 "Entitled" Organization and Section 2-163 "Entitled" Board Appointment and Membership, of the Boynton Beach Code of Ordinances are hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Page 1 of 3 RJD:js Sec. 2-162 Organization The Veterans Advisory Commission shall consist of a total of seven (7) regular members, four (4) alternate members, and five (5) ten (10) honorary/ex-officio members. Whenever possible, preference shall be given to residents of the City of Boynton Beach for appointment to membership on the Veterans Advisory Commission. See, 2-163 Board Appointment and Membership (g) Honorary Members. (i.) Appointment. The Veterans Advisory Commission may nominate five (5) ten (] 0) individuals to serve as Honorary Members of the Veterans Advisory Commission, with preference given to individuals that are members to the following organizations: 1. Gold Star Mothers & Fathers; 2. Current members of the Armed Forces; 3. Military Order of the Purple Heart; 4. Ladies Auxiliaries; and 5. Formers prisoners of War. The Veterans Advisory Commission shall forward the names of the five (5) ten (] 0) individuals who are nominated to the position of Honorary Members to the City Commission who shall then confirm the nominations by a majority vote of the City Commission. (ii.) Privileges. Honorary Members may speak at meetings, but they do not have voting rights. (iii.) Term of Honorary Membership. Honorary appointments will be for a term of one year. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Should any section or provision of this Ordinance or any portion hereof, Section 4. any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5. Authority is hereby given to codify said Ordinance. This Ordinance shall become effective immediately upon passage. Section 6. Page 2 of3 RJD:js FIRST READING this _ day of ,2005. SECOND, FINAL READING AND PASSAGE this ~_ day of ATTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk H:\J 990\9001 82.BB\ORD\ORDINN 19.doc RJD:js Page 3 of3 ,2005. (/.Sl-r~..;::"" ,,". . . "'\ , / \ .1= \p\. /0 O\~ -. /~~ I- "'. . '~."V 11 .... .~. ?, /r-ON " CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORIVI XII. - LEGAL ITEM C.1 Requested City Commission Date Final Form Must be Turned Requested City Commission Dale Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) I:8J January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) - , D January 17, 2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) CJ .- . :....\ .C-) - D Administrative D ,- Development Plans ->- ---'\ I:8J D --".j, I '; -:~- NA TURE OF Consent Agenda New Business ." -:':J :::- AGENDA ITEM D D ~-:\ -:J Public Hearing Legal c.~? .:~~ r~~ D Bids D Unfinished Business c? S~~.:;; '-'>-' .~ D Announcement D Presentation D City Manager's Report RECOMMENDA TION: Appoint City Commission representative and alternate to the following organization: Palm Beach County League of Cities EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: FISCAL IMPACT: ALTERN~ Department Head's Signature ~ City Manager's Signature Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2004-2005 Organization Representative Alternate Meetinl! Time & Location PBC League of Cities McKoy Commissioners, 4ffiWed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3m Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3rd Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 12/8/04 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictional Issues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, 7 AND APPOINTING ALL CITY COMMISSION 8 MEMBERS, AND THE CITY MANAGER AS 9 ALTERNATE REPRESENTATAIVES TO THE PALM 10 BEACH COUNTY LEAGUE OF CITIES; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 15 to representation on the Palm Beach County League of Cities; and 16 WHEREAS, the City Commission has considered the qualifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 being true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to the League of Cities and 25 appoints any City Commission member and City Manager as alternate representative to the 26 Palm Beach County League of Cities. 27 Section 3. That this Resolution shall become effective immediately upon passage_ S:\CA \RESO\Appointments\Palm Beaeh County League of Cities 06.doc 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \RESO\Appointments\Palm Beach County League of Cities 06.doc ~\~..YO.....t;:.'. '.r. .'~ ! . -'\ t ., 'OJ ". .. . j1: 0\ It; J- -,_, ./: <r '\- ~ ,,"c>. '" 'ON v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM C.2. Requested City Commission Date Final Fonn Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates 0 December 6, 2005 November ]4,2005 (Noon.) 0 February 7, 2006 0 December 20,2005 December 5, 2005 (Noon) 0 February 2], 2006 [gj January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 0 January] 7, 2006 January 3, 2006 (Noon) 0 March 2], 2006 Date Final Fonn Must be Turned in to City Clerk's Office January 17,2006 (Noon) February 6, 2006 (Noon) -,-I February 21, 2006 (Noon) . '2, March 6, 2006 (Noon) ---I .;;. 0 Administrative 0 NATURE OF [gj Consent Agenda 0 AGENDA ITEM 0 Public Hearing 0 0 Bids 0 0 Announcement 0 0 City Manager's Report Development Plans New Business Legal Unfinished Business Presentation . -~-, .-.,~ }c1 c;? Q L'': -~:; -~~~; --~~. ...._"7' ,''''c> RECOMMENDATION: Appoint City Commission representative and alternate to the fol/owing organization: Metropolitan Planning Organization EX PLANA TlON: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: FISCAL IMPACT: ALTERN~ Department Head's Signature ~ City Manager's Signature Department Name ~-#JtS City Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC COMMISSION APPOINTED ORGANIZATIONS 2004-2005 Organization Representative Alternate Meeting Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3rd Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 12/8/04 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictionallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENT A TIVE 6 TO THE METROPOIJT AN PLANNING 7 ORGANIZATION AND APPOINTING ANY CITY 8 COMMISSION MEMBER AS AL TERNA TE 9 REPRESENT A TIVE TO THE METROPOLIT AN 10 PLANNING ORGANIZATION; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 15 to representation on the Metropolitan Planning Organization; and 16 WHEREAS, the City Commission has considered the qualifications necessary for 17 such representation and wishes to bestow upon the following named individuals such right 18 and honor of service. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 22 being true and correct and incorporated herein by reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 24 appoints as a representative to the Metropolitan Planning 25 Organization and appoints any City Commission member as alternate representative to the 26 Metropolitan Planning Organization. 27 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA \RESO\Appointments\M etropolitan Plannin g Organizati on2006.doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S :\CA \RESO\Appointments\Metropolitan Planning Organization2006.doc Sl~..\~.y-.-.c.,~. . ..~ ! - . \ .' '\ ' ~.-- -..- ,- ~\ - .~ 0\ _}O ~~ XII. - LEGAL 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 Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 6, 2005 November ]4,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon) ,- . , ~.....-4, D December 20,2005 December 5, 2005 (Noon) D February 2],2006 February 6, 2006 (Noon) . ,....-) D .;,'.:\ r8J January 3, 2006 December 19,2005 (Noon) March 7, 2006 February 2],2006 (Noon) C' -' D January) 7,2006 January 3, 2006 (Noon) D March 2], 2006 March 6, 2006 (Noon) /' >>-::J t:~ -;''', -::;'1\ -:;""'.~.7 D Administrative D Development Plans c:? '~_.:~\r(J v \ ';;: NATURE OF r8J 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: Appoint City Commission representative and alternate to the following organization: Coalition of Boynton Best Residents Association (COBWRA) EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: FISCAL IMPACT: ALTERNA~ Department Head's Signature ~ City Manager's Signature Department Name ~ Attorney / Finance / Human Resources S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC COMMISSION APPOINTED ORGANIZATIONS 2004-2005 Organization Representative Alternate Meetinl! Time & Location PBC League of Cities McKoy Commissioners, 4th Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd of Dir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3rd Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 12/8/04 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 1 ih floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate.- Multi-Jurisdictionallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - 1 RESOLUTION NO. R06- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 5 AS A REPRESENTATIVE 6 TO THE COALITION OF BOYNTON 'VEST 7 RESIDENTIAL ASSOCIATIONS, INC., (COBWRA) AND 8 APPOINTING AS 9 ALTERNATE REPRESENTATIVE TO THE 10 COALITION OF BOYNTON WEST RESIDENTIAL 11 ASSOCIATIONS, INC., (COBWRA); AND PROVIDING 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 16 to representation on the Coalition of Boynton West Residential Associations, Inc., 17 (COBWRA); and 18 WHEREAS, the City Commission has considered the qualifications necessary for 19 such representation and wishes to bestow upon the following named individuals such right 20 and honor of service. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 23 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 24 being true and correct and incorporated herein by reference. 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 26 appoints as a representative to the Coalition of Boynton West 27 Residential Associations, Inc., (COBWRA) and appoints 28 as alternate representative to the Coalition of 29 Boynton West Residential Associations, Inc., (COBWRA). 30 Section 3. That this Resolution shall become effective immediately upon passage. S:ICA lRESO\AppointmcntslCOBWRA Appt 05.doc 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 City Clerk 24 25 (Corporate Seal) 26 27 28 S:ICA IRESO\AppointmentslCOBWRA Appt 05.doc day of , 2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner [C<\'C~:~A- I .' :'. . ') { >- - -- -- ~, '., . ~ o ~\~ '''- -- -./~~.) po. -"'.. - .f/.' ^" ~0' iON XII. - LEGAL 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 CJerk's Office Meeting Dates in to City Clerk's Office D December 6, 2005 November 14,2005 (Noon,) D February 7, 2006 January 17,2006 (Noon) D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6, 2006 (Noon) [8J January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon) D January 17,2006 January 3, 2006 (Noon) D March 21, 2006 March 6, 2006 (Noon) D Administrative D Development Plans ~.ft [8J Consent Agenda D New Business CJ NA TURE OF , 'I AGENDA ITEM D () D Public Hearing Legal D <'- D Bids Unfinished Business --~ - D Announcement D Presentation ~.-! i~'- '; '--',- D City Manager's Report C<'l --"-'-- ~ ,"-j en 0 5;; (.,.,.j "'0 RECOMMENDATION: Appoint City Commission representative and alternate to the following organization: Multi-Jurisdictional Issues Coordination Forum EXPLANATION: Attached is a brief synopsis of each organization and the current representatives. PROGRAM IMPACT: FISCAL IMPACT: ALTIRN~ Department~ature ~~"'u" Department Name "'~tLS C{ty Attorney / Finance / Human Resources S:IBULLETIN\FORMSIAGENDA ITEM REQUEST FORM,DOC COMMISSION APPOINTED ORGANIZATIONS 2004-2005 Organization Representative Alternate Meetinl! Time & Location PBC League of Cities McKoy Commissioners, 4tn Wed @ 10:30 a.m. City Manager Various locations PBC League of Cities McKoy Brd ofDir MPO Mayor McCray 3rd Thurs @ 9:00 a.m. Governmental Center COBWRA Ferguson McCray 3rd Wed @ 9:30 a.m. Various locations Multi Jurisdiction Ensler Ferguson As needed 12/8/04 Palm Beach County League of Cities The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self- government. The Municipal League of Palm Beach County meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Representative - Alternate - Metropolitan Planning Organization The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 1 ih floor conference room of the Governmental Center. Representative - Alternate - Coalition of Boynton West Residents Association The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. Representative - Alternate - Multi-Jurisdictionallssues Coordination Forum The Multi-Jurisdictional Issues Coordination Forum has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdiction significance. Each individual local government decides the length of the term. Representative - Alternate - 1 RESOLUTION NO. R06 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5. CITY OF BOYNTON BEACH, FLORIDA, APPOINTING 6 AS A REPRESENT A TJVE 7 TO THE MUL TI-JURISDICTJONAI, ISSUES 8 COORDINATION FORUM AND APPOINTING 9 AS ALTERNATE 10 REPRESENTATIVE TO THE MULTJ- 11 JURISDICTIONAL ISSUES COORDINATION FORUM; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled 16 to representation on the Multi-Jurisdictional Issues Coordination Forum; and 17 WHEREAS, the City Commission has considered the qualifications necessary for 18 such representation and wishes to bestow upon the following named individuals such right 19 and honor of service. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as 23 being true and correct and incorporated herein by reference. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 appoints as a representative to the Multi-Jurisdictional Issues 26 Coordination Forum and appoints as alternate representative 27 to the Multi-Jurisdictional Issues Coordination Forum. 28 Section 3. That this Resolution shall become effective immediately upon passage. S:\CA \RESO\Appointments\Multi-Jurisdictional Forum 06.doc 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: 22 23 24 City Clerk 25 26 (Corporate Seal) 27 28 29 day of ,2006. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner S:\CA \RESO\Appointments\Multi-Jurisdictional Forum 06.doc