Agenda 03-21-06
The City of
Boynton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
March 21, 2006
Jerry Taylor
Mayor - At Large
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 T I
Janet M. Prainito
City Clerk
www. boynton-beach. org
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WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES 8r. PROCEDURES FOR PUBUC 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
March 21, 2006
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS:
A. Announcements:
None.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Read Together Palm Beach County Month - April 2006
2. Presentation by Ted Wright, Commander of VFW Post #5335, of check to
support the Little League Fields.
3. Presentation by Wally Majors, Director of Recreation and Parks
Department and Jody Rivers, Parks Superintendent, regarding the
Recreation and Parks Strategic Plan and Recreation and Open Space
Element of the City's Comprehensive Plan and endorsing the Strategic
Plan.
4. Presentation by Risk Management Department of two awards received
from the Safety Council of Palm Beach County
Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
IV. PUBUC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE UMITED 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
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
I Ensler Adv. Bd. On Children & Youth Reg 2 yr term to 4/06 Tabled (3)
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/07 Tabled (3)
Ensler Cemetery Board Alt 1 yr term to 4/06 Tabled (2)
II McCray Code Compliance Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
IV McKoy Community Relations Board Alt. 1 yr term to 4/06
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Education Advisory Board Reg 2 yr term to 4/07 Tabled (3)
II McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (3)
IV McKoy Library Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3)
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 - February 24, 2006
2. Regular City Commission - February 28, 2006
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, FL
March 21, 2006
1. Approve the piggyback of the City of West Palm Beach, BID #03/04-06,
to Florida Highway Products, Inc. for the microsurfacing of roadways in
the estimated amount of $266,018.00 plus a project contingency of 5%
for $8,982.00 in case the crack-fill and leveling estimate are low.
2. Approve the purchase of the necessary audio equipment for the
Commission Chambers from Troxell Communications, Inc., in the amount
of $31,593.00 from Account #302-4101-580-64-02.
3. Approve a piggyback of Palm Beach County contract #05569 with S&F
Construction, Inc. to install prefabricated replacement buildings at the
Municipal Golf Course and demolish the current three relief shelters and
range shelter that were severely damaged by Hurricane Wilma with an
expenditure of $188,472.00. (Of the $188,472, insurance will reimburse
$67,131 and FEMA will reimburse $72,978.15. The balance of
$48,362.85 will be the responsibility of the Golf Course. However, FEMA
has indicated that we can resubmit the current proposal to them since
the original proposal did not include demolition of the existing structures.
Additional allowances may be made at a later date.)
4. Approve an award for the "PAINTING OF MANGROVE PARK-EXTERIOR
PAINTING, WALKWAYS, RAILINGS, METAL GAZEBO STRUCTURE", Bid
#017-2413-06/0D to Gustafson Industries, Inc. of Boynton Beach,
Florida in the amount of $38,500.00.
C. Resolutions:
1. Proposed Resolution No. R06-0S7 RE: Approving and
authorizing acquisition of Commercial Condominium Units designated as
Parcels 101,102,104 and 209 within First Financial Plaza in the Ocean
One Project with possible eminent domain, as needed. (Tabled to
4/4/06)
2. Proposed Resolution No. R06-063 RE: Ratifying a
Memorandum of Understanding between the City of Boynton Beach and
the Palm Beach County Police Benevolent Association (Lieutenants) for
the purpose of clarifying longevity benefit language.
3. Proposed Resolution No. R06-064 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 1106 Highland Rd. Lantana, FL (Ridge Grove
LTS 42 & 43)
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
4. Proposed Resolution No. R06-065 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 1184 Alto Rd. Lantana, FL (Ridge Grove Add No
1 Lt 303 & 304)
5. Proposed Resolution No. R06-066 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 7755 Loomis St. Lake Worth, FL. (Tropical
Terrace L T 126)
6. Proposed Resolution No. R06-067 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 7769 Loomis St, Lake Worth, FL. (Tropical
Terrace L T 127)
7. Proposed Resolution No. R06-068 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 823 Palmer Road, Delray Beach, FL.
8. Proposed Resolution No. R06-069 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
limits for 807 Palmer Road, Delray Beach, FL.
9. Proposed Resolution No. R06-070 RE: Approving the
ratified addendums to the NCF&O Blue Collar collective bargaining
agreement for Wages, Standby and Callback and Labor Management.
10. Proposed Resolution No. R06-071 RE: Approving and
Authorizing Execution of Amendment No. 1 Task Order No. U04-5-06, for
engineering services provided by CH2M Hill for the design permitting and
test well construction of a Floridan Aquifer well field, East Water
Treatment Plant expansion, Stage 1 Project in the amount of $42,890.00.
11. Proposed Resolution No. R06-072 RE: Approving and
authorizing execution of the Tenth Amendment to the Tower Site Lease
and Joint Use Agreement with Cingular Wireless and PBC
Communications.
12. Proposed Resolution No. R06-073 RE: Approving and
authorizing execution of Task Order No. 06-02-01 to CH2M Hill for
architectural and engineering services for the reconstruction of the
lifeguard towers at Oceanfront Park that were destroyed by Hurricane
Wilma in the amount of $14,477. (Of the $14,477, Insurance will
reimburse $8,700. FEMA has not yet determined their reimbursement)
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
13. Proposed Resolution No. R06-074 RE: Approving and
authorizing execution of Task Order 06-01 for Landscape Services
Proposal for $14,500 to the RMPK Group to provide landscape
architectural services for the development of a Conceptual Plan for
Quantum Park.
14. Proposed Resolution No. R06-075 RE: Approving and
authorizing execution of the Interlocal Agreement between the City of
Delray Beach and City of Boynton Beach regarding the Maintenance of
the Lake Drive Bridge.
15. Proposed Resolution No. R06-076 RE: Ratifying the
action of the SCRWTD Board of January 18, 2006 as follows:
a. Authorize an agreement with the lowest responsible bidder in
aggregate amount not to exceed $700,000 for Bid Package to
furnish pipe, fittings, valves, slide gates, chlorine contact tank
covers from various vendors in accordance with bid documents for
Reclaimed Water System Expansion. Cost to be split 50/50 from
each City's Capital Fund
D. Approve the use of $1,000 of Vice Mayor McKoy's Community Investment Funds
to the Boynton Regional Symphony Orchestra.
E. Approve the written report to Commission of purchases over $10,000 for the
month of February 2006.
F. Authorize the use of $2,000 of Commissioner Ensler's Community Investment
Funds to the Tomodachi Judo School
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Description:
504 SW 7th Street CABAN 06-002)
Christine and Thomas Ruffini
City of Boynton Beach
Portion of SW 7th Street
Request abandonment of a portion of SW 7th Street abutting residential
property located at 504 SW 7th Street in Lake Boynton Estates.
Abandonment consists of a shellrock stub street 50 feet in width by 120
feet in length and a total of 6,000 square feet (0.138 acre) in area. (1st
Reading Proposed Ordinance No. 06-024)
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
B.
Project:
Agent:
Owner:
Location:
Description:
c.
Project:
Agent:
Owner:
Location:
Descri ption:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski, Gutierrez Romanik
Nancy Keller, White Elk Enterprise LLC
226 SE 23rd Avenue
Request approval of a major site plan modification to construct a
400 square foot addition to an existing 1,200 square foot building
for a proposed veterinary clinic on a 0.106 acre parcel in a C-1
zoning district.
Seaview Park Club (SPTE 06-002)
Andy MacGregor, Lennar Homes
Lennar Homes
1620 North Federal Highway
Request for a one-year Site Plan Time Extension for site plan
approval granted on February 15, 2005, from February 15, 2006
to February 15, 2007
IX. CITY MANAGER'S REPORT:
A. Task Order #043-2413-02/0D by CH2M Hill for design and engineering services
for Fire Station #5 (Proposed Resolution No. R06-077)
B. Regulations on Improper Weapons Use
C. Update on City's position on minority contracts (To be moved to April 4,
2006)
D. Review local Code options for stand-by power to gasoline stations
E. Review Mayor's request for a Community-Based Visioning Process
X. FUTURE AGENDA ITEMS:
A. Requirement for underground utility lines for all new development - April 2006
B. Future location options for City Hall - April 2006
C. Cellular 911 Dispatch - May 2006
D. Increasing Community Investment Funds - May 2006
E. Utility Service Area Analysis
F. Review of Recreation & Park Fees - June 2006
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 06-016 RE: Annexing
subject property (Southern Dance Studio (ANEX 06-006)
2. Proposed Ordinance No. 06-017 RE: Amending the
Comprehensive Plan Future Land Use Map from Commercial High
Intensity (CH/8) (Palm Beach County) to Local Retail Commercial (LRC).
(Southern Dance Studio LUAR 06-006)
3. Proposed Ordinance No. 06-018 RE: Requesting to
rezone from Agricultural Residential (AR, Palm Beach County) to
Community Commercial (C-3). (Southern Dance Studio LUAR 06-006)
a. Southern Dance Studio (NWSP 06-001) Request site plan
approval to construct a one-story building totaling 10,000 square
feet for a dance studio and retail use, and related site
improvements on 90.92 acres zoned C-3. (Tabled to 3/21/06)
4. Proposed Ordinance No. 06-019 RE: Amending the
Comprehensive Plan Future Land Use Map from Local Retail Commercial
(LRC) to Special High Density Residential (SHDR). (Yachtsman's Cove
LUAR 06-003)
5. Proposed Ordinance No. 06-020 RE: Rezoning from
Community Commercial (C-3) to IPUD Infill Planned Unit Development.
(Yachtsman's Cove LUAR 06-003)
6. Proposed Ordinance No. 06-021 RE: Abandoning a
portion of the Northeast 15th Place right-of-way. (Yachtsman's Cove ABAN
06-001)
a. Yachtsman's Cove (NWSP 06-003) Request new site plan
approval to construct 61 fee-simple townhouse units and related
site improvements on a 3.35 acre parcel in the Infill Planned Unit
Development (IPUD) zoning district. (Tabled to 3/21/06)
7.
Proposed Ordinance No. 06-022
Comprehensive Plan Future Land
Residential (MeDR) to Recreational.
005) (Wilson Center Complex)
7
RE: Amending the
Use Map from Medium Density
(Wilson Center Complex LUAR 06-
Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
8. Proposed Ordinance No. 06-023 RE: Approving to
rezone from Single and Two Family Dwelling District (R-2) to Recreation
(REC) district. (Wilson Center Complex)
a. Wilson Center Complex (MSPM 05-011) Requesting Major
Site Plan Modification approval for park expansion and
improvements to include a 13,816 square foot recreation
community center, a light multi-purpose athletic field, playground,
picnic area, basketball courts, new swimming pool and a
refurbished pool building and additional parking on 5.27 acres
zoned REC. (Tabled to 3/21/06)
b. Wilson Center Complex (HTEX 06-002) Request for Height
Exception approval to allow a decorative cupola on the roof of the
proposed two (2) story Wilson Park Community Center building at
a height of 52 feet, seven (7) feet above the maximum building
height limit of 45 feet in the REC zoning district. (Tabled to
3/21/06)
B. Ordinance - 1st Reading
1. Proposed Ordinance No 06-025 RE: Amending Part III,
Land Development Regulations, Chapter 1, Article V, Impact Fees and
Dedications, by deleting Section 3 and adopting a new Section 3, Parks
and Recreation Facilities Impact Fee, providing for and establishing
procedures for the calculations and collections of a Park and Recreation
Facilities Impact Fee
2. Proposed Ordinance No. 06-026 RE: Amending City
Code of Ordinance, Section 18-135 to establish procedures for the
election of the three (3) elected Trustee positions of the General
Employees' Pension Board.
3. Proposed Ordinance No. 06-027 RE: Amending Chapter
18, Article II, Section 4 of the Code of Ordinances for the City of Boynton
Beach to create Section 18-128, Entitled "Elective Benefits;" codifying the
elective benefits available to members of the General Employees' Pension
Plan.
4. Proposed Ordinance No. 06-028 RE: Amending Ordinance
04-050, pertaining to Section 18-81 of the City Code of Ordinances,
General Employees' Pension Plan, to re-open the open enrollment period
during which current members of the General Employees' Pension Plan
may exercise a one time opportunity to purchase service credits for prior
military service.
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Agenda
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
5.
Proposed Ordinance No. 06-029 RE: Approving
annexing from the City of Boynton Beach, a parcel of land
2200 Lake Drive, which is not contiguous to the City.
de-
located at
C. Resolutions:
None
D. Other:
1. Report on Adult Entertainment
XIII. UNFINISHED BUSINESS:
A. Continued Discussion of Adaptive Re-use of Golf Course and Landfill Parcels
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, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL DRAFT AGENDA
3/20/2006 8:37 AM
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IIl.-ANNOUNCEMENTS 8r. PRESENTATIONS
Item C.l.a
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.) 0
0 December 20, 2005 Dccember 5, 2005 (Noon) 0
0 January 3, 2006 December 19,2005 (Noon) 0
0 January 17, 2006 January 3, 2006 (Noon) r8J
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
February 7, 2006
January 17,2006 (Noon)
February 21,2006
February 6, 2006 (Noon)
March 7, 2006
February 21,2006 (Noon)
March 21, 2006
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
r8J Presentation
RECOMMENDATION: Present Proclamation
EXPLANATION: A countywide reading campaign, Read Together Palm Beach County: One Book, One Community. first
was held in March-April, 2002. The book was Fahrenheit 45/ by Ray Bradbury. A second campaign was held March - April
2004, with county residents reading Their Eyes J.l'ere Watching God, by Zora Neale Hurston. During each campaign,
approximately 20,000 to 30,000 people participated, by reading the book, joining book discussion groups and attending
special Read Together events.
PROGRAM IMPACT: The Proclamation will help raise public awareness of this event.
FISCAL IMPACT: None
AL TERNA TIVES: Not present Proclamation
&/~~~ ~~d~
Departmen ead's gnature
Public Affairs
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
PROCLAMA TION
An estimated 40 percent of adults in the United States every year do not read a single
book. Only 45 percent of Americans read at least a half-hour a day.
Read Together Palm Beach County seeks to change this through its annual
campaign to promote reading, thoughtful dialogue and meaningful interaction among
Palm Beach County residents. Each year since Read Together Palm Beach County
was initiated in 2002, approximately 20,000 to 30,000 have participated by reading
the book selection, joining book discussion groups and attending special Read
Together events.
This year's promotion runs from March 17 through April 30 and features the book
To Kill a Mockingbird by Harper Lee. All public libraries and countless local service
clubs will be hosting book discussion events and many businesses will be
encouraging their employees to read and discuss the book as well. In addition, senior
high school students throughout the county will be reading and analyzing the book.
Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of
the City of Boynton Beach, Florida, hereby proclaim April 2006 as:
Read Together Palm Beach County Month
in Boynton Beach and urge all citizens to read the book To Kill a Mockingbird and to
participate in a book discussion group.
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, the 21 st day of
March, two thousand and six.
Jerry Taylor, Mayor
City of Boynton Beach
ATTEST:
City Clerk
(Corporate Seal)
IlI._ANNOUNCEMENTS & PRESENTATIONS
Item C.2
Pyle, Judith
From: Costello, Joyce
Sent: Wednesday, March 01, 2006 1 :52 PM
To: Pyle, Judith; Segal, Wayne
Cc: Prainito, Janet
Subject: FW: Little League Donation.
Judy - Please put on 3/21 Commission Agenda.
Wayne _ Please prepare a short press release and take pictures at Commission Meeting.
Thank you
Joyce
-----Original Message-----
From: Bressner, Kurt
Sent: Wednesday, March 01,200611:23 AM
To: Costello, Joyce
Cc: 'Jerry Taylor'
Subject: FW: Little League Donation.
Please coordinate with the City Clerk's Office for the meeting of 3/21. Wayne needs to be informed to prepare a
short press release and photo op. Kurt
From: Jerry Taylor [mailto:Jtaylor@co.palm-beach.fl.us]
Sent: Wednesday, March 01, 2006 11:01 AM
To: Bressner, Kurt
Subject: Little League Donation.
Goodmorning Kurt. Ted Wright, commander of VFW Post #5335 in Boynton wants to present a check to the city
in support of Little League Fields. His phone # is 582-1713. He would like to present it at a city commission
meeting so the VFW could get a little publicity.
3/1/2006
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III.-ANNOUNCEMENTS & PRESENTATIONS
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
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)
0 January 3, 2006 December ]9,2005 (Noon) 0 February 28, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) r8J March 2], 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 Unfinished Business
0 Announcement r8J Presentation
0 City Manager's Report
RECOMMENDA nON: The City Commission hear a presentation regarding the Recreation and Parks,~trat~-g~
Plan and Recreation and Open Space Element of the City's Comprehensive Plan and endorse the Strategic PI~:: .~'.
EXPLANA nON: The Recreation and Parks Department, through its accreditation efforts, has devefq1>ed. the::
Recreation and Parks Strategic Plan. The purpose of the plan is to identifY the recreational needs of the citiEens ~C
Boynton Beach and recommend strategies and actions for meeting those needs. It includes recommendations~!gat give:-::
guidance for improving programs and services, creating a financially responsible organization, mak~ lalJ€
acquisitions, protecting open space, improving existing facilities, establishing new faculties and instituting a c@inu()~~
improvement process. One component of the plan is the Recreation and Open Space Element of the Comp1fehens~;
Plan. Based on the findings in the Strategic Plan, this element was revised to provide support for the recommendation'S::2
in the plan. The Comp Plan will include development elements identified in the Strategic Plan and will allow the City
to formalize the Strategic Plan to assure adherence to the plan.
PROGRAM IMPACT: The plan includes the programs that were identified in the 2002 Parks and Recreation Needs
Assessment by the citizens of Boynton Beach as programs needs. With the development of the new facilities identified
in the Strategic Plan, the City will be able to provide additional programming as desired by the public.
FISCAL IMPACT: The Strategic Plan identifies the needs for upgraded and additional facilities and programs which
will have an impact on future budgets. A lO-year park improvement financial plan that will compliment the City's
Capital Improvement Plan (CIP) is included in the Strategic Plan. This financial plan shows the costs of upgrading
existing and developing new parks though 20] 6/] 7. The plan also shows the needs for increased stafflevels based on
the development of new facilities. The plan does not include the purchase of additional park land and is based on the
acreage that the City currently owns.
ALTERNA TIVES: Not to endorse ~_....
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L:./" Department Head's Signature
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
City of Boynton Beach
Recreation and Parks Department
Strategic Plan
Recreation and Open Space Element
March 2006
IJ ~;.~~~
Acknowled2ements
City Commission
Mayor Jerry Taylor
Vice Mayor Carl McKoy
Commissioner Bob Ensler
Commissioner Muir C. Ferguson
Commissioner Mack McCray
City Staff
Kurt Bressner, City Manager
Wilfred Hawkins, Assistant City Manager
Jeff Livergood, Director of Public Works
Michael Rumpf, Director of Planning and Zoning
Ed Breese, Principal Planner
Dick Hudson, Senior Planner
Hanna Matras, Economic Planner
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City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
Recreation and Parks Advisory Board
Elizabeth (Betty) Pierce-Roe, Chair
William Orlove, Vice-Chair
Patti Hammer
James McMahon
John McVey
Janelle Sloane
Betty Thomas
Tom Williams
Pam Winters
Wally Majors, Director of Recreation and Parks
Jody Rivers, Parks Superintendent
Virginia Shea, Senior Recreation Manager
Mary DeGraffenreidt, Senior Recreation Manager
Tom Balfe, Parks Manager
Sherri Claude, Assistant to the Director
Vicki Robertson, Administrative Secretary
Boynton Beach Recreation and Parks Strategic Master Plan
Table of Contents
PAGE
I. INTRODUCTION
A. Overview........ ............................................... I
B. Methodology. . . . . . . . ... . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . .. 2
C. Purpose of Plan........... ... ...... ...... ............ . ....... .. 3
II. INVENTORY AND ANALYSIS
A. Inventory. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
B. Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
C. Public and Staff Input. .................................. .... 12
III. GOALS AND OBJECTIVES
A. Goals and Objectives.............. ....... .................. 13
IV. PARK STANDARDS
A. Overview. . ... . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IS
B. Description of Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 15
C. Needs Assessment......... ............ ... ...... ......... ... IS
D. Level of Service. .. . .. .. . . . . . .. . .. . . .. . . . . . . . . . . .. .. . . ..... . . 16
V. MASTER PLAN
A. Conceptual Parks and Recreation System Map.... ..... 17
B. Future Park Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 18
VI. THE IMPLEMENT A TION PLAN
A. Capital Improvements Plan............................... 26
B. Funding Sources......................................... .... 27
C. Comprehensive Plan.. ....... ........... .................... 3D
D. Management and Administrative Recommendations.. 3D
Appendix A - Staff Connections Recommendations. . . . . . . . . . . . ... 39
Appendix B - Comprehensive Plan.................. ... .............. 53
Appendix C - Capital Improvement Plan...................... ...... 6D
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
I. INTRODUCTION
A. Overview
Throughout time, parks and open spaces have provided a unifying community
structure and an aesthetic identity to our urban environments as well as providing
recreational opportunities. While it is difficult to place a precise value on our parks
and open space systems, it is clear to all that they provide a variety of benefits that
contribute to the "liveability" of our cities, such as:
· Accommodate recreational activities,
· Attract recreation enthusiasts,
· Increase property values,
· Provide public access to natural recreation areas and significant sites,
· Provide and enhance animal and plant habitats,
· Conserve, preserve and protect historic character,
· Contribute to the city's identity and marketability,
· Enhance aesthetic quality, and
· Contribute to clean air and water.
Parks and recreation opportunities contribute to the health of residents, provide a
variety of recreational and educational activities for all ages, and preserve and
enhance the quality and integrity of the natural environment. Parks and recreational
opportunities are also significant in attracting visitors to the community and, thus,
contribute to local tourism and economic development. When a community has a
comprehensive and interrelated system of parks and recreation opportunities that
responds to the needs and values of local residents, the residents support their local
governments, become involved in their community activities, and reap the benefits of
a "quality-of-life" community.
This Master Plan identifies the recreational needs of the citizens of Boynton Beach as
indicated in the System Map and the Comp Plan and recommends strategies and
actions for meeting those needs. The Master Plan identifies the actions necessary to
implement the plan in order to satisfy the expectations of the community. It includes
recommendations that give guidance for improving programs and services, creating a
financially responsible organization, making land acquisitions and protecting open
spaces, improving and establishing new facilities and instituting continuous
improvement processes. This plan will enable the city to make the necessary changes
that will help sustain an attractive and livable city.
The City of Boynton Beach Recreation and Park staff prepared this Master Plan to
serve as the strategic planning tool for making parks, open space, facility and
recreational program decisions over the next decade. The master Plan includes
recommendations that give guidance for improving programs and services, creating a
financially responsible organization, making land acquisitions and protecting open
spaces, improving and establishing new facilities and instituting continuous
improvement processes. Through these processes, the department will constantly and
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Strategic Master Plan
consistently review community input and proactively make the necessary changes
that will help create an attractive and livable city.
The City of Boynton Beach is experiencing unprecedented growth. With this increase
in development come new issues, expectations and demands for expansion and
protection of park lands and open spaces. The anticipation of these changes has led to
the research and design of this Master Plan in the hopes that everyone of the
demands are met, and that the City of Boynton Beach will continue to find itself
among the best communities in the country.
The City of Boynton Beach is growing and becoming more diverse in its economic
development. In Boynton Beach, parks and recreation services continue to be an
integral part of establishing and sustaining a higher quality of life while highlighting
an image and character that is unique to Boynton Beach. To this end, parks and
recreation services can affect the city by their ability to:
· Provide social benefits by connecting people within the community regardless of
income, background and ability.
· Provide economic benefits by improving the quality of life in the community and
helping to attract businesses and residents to the city.
· Provide protection of the environment by establishing greenways, natural areas
and open spaces managed by the city.
· Provide benefits to individuals and the community by promoting physical fitness
and self-improvement.
The process used to shape this Master Plan included the following tasks:
· Evaluating current services and operations of the Recreation and Parks
Department.
· Evaluating current and future needs for parks, recreation services, recreation
facilities, open space and trails.
· Creating equity access maps to visualize and determine gaps of services.
· Developing recommendations and an implementation plan for the future that will
provide the greatest benefits to the residents.
B. Methodology
In 2001, the City of Boynton Beach Recreation and Parks Department commissioned
a Needs Assessment, which was prepared by Management Learning Laboratories.
The purpose of the assessment was to determine recreation interests, facility usage,
and opinion of recreation as related to the Boynton Beach system of parks and
facilities. After review of the information that resulted from the study, it was
determined that a master plan of the park system should be developed that would
steer the direction of the acquisition and development of parks and facilities into the
future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher Anglin
Lopez Rinehart, Inc. was hired to solicit public input regarding the city's parks,
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recreation facilities and programs and to prepare the Conceptual Parks and Recreation
System Map and make changes to the City's Comprehensive Plan that will allow the
recommendations in the System Map to occur.
Through a series of meetings with city staff, board members from the Senior
Advisory and the Recreation and Parks Boards, and the general public, a system-wide
map was developed that indicated existing parks and proposed parks, recreation
facilities, green ways, bikeways and open space.
Using this information, the Recreation and Parks staff analyzed the current and future
needs for additional staff and operating resources. Park standards, or Levels of
Service, for park land and facilities were determined. Potential funding sources were
identified.
C. Purpose of Plan
The Master Plan has been prepared to address the following key goals:
· Assess current needs for recreation and park facilities for the citizens of
Boynton Beach.
· Assess the future needs for recreation and park facilities for the citizens of
Boynton Beach.
· Prepare a long range, phased plan for the provision of current and future park
needs.
· Preservation of important natural and cultural facilities.
· Provide a system of connected green ways and trails for the city.
· Provide an effective Parks and Recreation services delivery system for the
citizens.
· Effective management/administrative/departmental structure;
o Effective maintenance system;
o Land Development Regulations to provide for future park needs;
o Appropriate funding program for future capital improvements;
o Creation of appropriate multi-jurisdictional partnerships for the
provision of parks and open space services.
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II. INVENTORY AND ANALYSIS
A. Inventory
1. Park Land
a. Existing Park System
The current park system is made up of 31 parks, cemeteries and open
spaces in the following categories:
Urban Open/Civic Space Acres Neiehborhood Parks Acres
Bicentennial Park 1.0 Boynton Lakes Park 8.0
Edward Harmening Arbor 0.4 Forest Hills Park 3.7
Heritage Park 0.1 Galaxy Park 4.0
Hibiscus Park 0.5 Jaycee Park 5.6
KiwanislSierra Club Park 0.15 Laurel Hill Park 1.5
Veterans' Park 0.5 Meadows Park 7.0
TOTAL 2.65 Pence Park 3.4
Pioneer Canal Park 2.5
Community Parks Acres Rolling Green School 10.0
Congress A venue Park 25.0 Southeast Neighborhood 2.3
Ezell Hester Park 23.0 TOTAL 48.0
Intracoastal Park 10.0
Wilson Park 3.5 Conservation Lands Acres
TOTAL 61.5 Seacrest Scrub * 53.7
Rolling Green Scrub * * 8.0
Special Use Parks Acres Rosemary Scrub * 13.6
Barton Mem. Park/Cemetery 5.7 TOTAL 75.3
Boynton Beach Memorial 10.0
Cemetery
Little League 11.0 WaterIBeach Access Acres
Kids Kingdom 0.5 Boat Club Park 9.5
Sara Sims Park/Cemetery 4.0 Mangrove Park 12.0
TOTAL 31.20 Oceanfront Park 12.0
TOTAL 33.5
GreenwavsIBikewavs Acres
Palmetto Green 2.3
TOTAL 2.3
* Owned by Palm Beach County. Maintained by City of Boynton Beach
** Rolling Green acreage including in total acreage for Ezell Hester Park
This is a citywide total acreage of 254.45 acres of park, cemetery and
open space lands.
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b. Future Park Sites
The following areas are potential future park sites:
Site Acres
FP&L 7.7
Girl Scout 9.7
Nichols Road 15.4
Nautica Pond 3.0
Nautica Sound/Meadows I 9.0
Quantum 15.0
Winchester 5.0
Woolbright Place 3.5
TOTAL 68.30
Thus, there is a potential for 322.75 acres of park, cemetery
and open space lands in the City.
2. Facilities
A. Existing Recreation Facilities
. Art Center
o Community Center with Class Rooms
o
. Boat Club Park
o Meeting Room
o Play Equipment
. City Hall in the Mall
o Office Space
. Civic Center
o Community Center with Class Rooms
· Congress A venue Community Park
o Har- Tru Tennis Courts (17)
o 4 Hard Surface Tennis Courts
o Pro Shop
o Locker RoomslShowers
· Ezell Hester Park
o Community Center with Activity and Meeting Rooms
and Gymnasium
o Baseball/Softball Field
o Basketball Courts (3)
o V olleyball Court (1)
o Play Equipment
o Pavilion
o Racquetball Court (4)
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o Tennis Court (2)
o Nature Preserve
. Madsen Center
o Program Room
o Shuffleboard Courts
. Senior Center
o Community Center with Meeting Rooms, Exercise
Room, Kitchen, Computer Room, Arts & Crafts Room
and Game Room
. Wilson Park and Center
o Community Center with Meeting Rooms
o Pool
o Basketball Court (2)
o Play Equipment
o Multipurpose Field
b. Future Recreational Facilities
· Intracoastal Park Clubhouse
o Community Center with Meeting and Program Rooms
. Wilson Center
o Existing building to be demolished
o New building will have gymnasium and meeting rooms
o Picnic Facilities
o Playground
o Pool to be renovated
B. Analysis
1. Park Land and Facilities
a. Existing Parks and Facilities
· Urban Open/Civic Space
o Bicentennial Park is a passive park on Federal
Highway. The park has little to attract visitors;
however, it will be greatly impacted by the
downtown redevelopment and will become a
critical part of the urban open space of the town
center.
o Edward F. Harmening Arbor Park is a small
passive park located adjacent to the East Water
Treatment Plant. It has several species of
flowing trees. Its location and lack of parking
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create an isolated park area with very little
visitation.
o Heritage Park located on Seacrest Boulevard, is
a popular gathering space for neighborhood
residents. There is a monument dedicated to
Boynton Beach African Americans. The
monument is frequently vandalized.
o Hibiscus Park is a small park located
Lake Boynton Estates neighborhood.
playground equipment is scheduled
replacement is FY 2007/08.
o Kiwanis/Sierra Club Park is located on
Northeast 22nd Avenue and is simply a grassy
area.
o Veterans Park is located in the downtown core
of the City. At present, it is a passive park with
large ficus trees. In the future, the park will
become precious greenspace in the urban
downtown center.
in the
The
for
· Neie:hborhood Parks
o Boynton Lakes Park is located in the Boynton
Lakes neighborhood and contains a playground,
a walking trail and a large open grassy area.
The play equipment is old and has been
vandalized. It will be replaced in September
2005.
o Forest Hill Park is located in the Forest Hill
neighborhood and is bordered on the west side
by a sound barrier wall on 1-95. This park was
built in 1972 and is showing signs of aging.
The playground equipment is getting older and
there is not a unified landscaping theme.
o Galaxy Park is one of the oldest parks in the
system and is well used. The restroom was
renovated in 2005. The fencing around the
baseball field will be replaced in 2005/06. The
playground equipment needs to be replaced in
2006/07.
o Jaycee Park is a 5-acre park located between
Federal Highway and the Intracoastal
Waterway. Currently, there is a bocce ball court
and a few picnic tables; however, the park is
scheduled for development is 2006.
o Laurel Hill Park, located in the Laurel Hills
neighborhood, contains play equipment, a
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basketball court and an open grassed area. The
park was built in 1972 and is in need of
renovation. Replacement of the play equipment
and repair of the basketball courts and goals is
scheduled in 2005/06.
o Meadows Park is an extremely popular park
used by city residents and school groups. While
the park was built in 1994, the heavy use has
created bare areas around the pavilions and
courts. The playground equipment, trash
receptacles and benches are scheduled for
replacement in September 2005. Because of the
heavy use and enjoyment by park users, this
park will require consistent maintenance and
upgrades.
o Pence Park is the oldest park in the system.
Neighborhood residents heavily use the
basketball courts. The fence around the baseball
field was replaced in 2005. The restrooms were
renovated in recent years. The playground
equipment is scheduled for replacement in
2006/07.
o Pioneer Canal Park has the only freshwater
boat ramp in the park system, which is widely
used. The ramp was scheduled for renovation in
2004/05 but is on hold pending scheduling of a
canal dredging project by the South Florida
Water Management District. The tennis courts
are also heavily used. The park was not master
planned and use of the property is not effective.
This park needs to be completely renovated.
o Rolling Green Park is in the rear of Rolling
Green Elementary School and is used primarily
by soccer players and cricket players.
o Southeast Neighborhood Park is currently
forested with mango trees and is in the process
of being developed. It is scheduled for
completion in 2006.
· Special Use Parks
o Barton Memorial Park is a cemetery that
contains early African American resident
gravesites dating back to the early 1900's. It is
currently closed for burials.
o Boynton Beach Memorial Park is the primary
public cemetery in Boynton Beach. There are
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several hundred gravesites remammg and the
property will be replatted to identify over 300
more sites. The trees were heavily damaged by
the 2004 hurricanes and will be replaced in
2005/06.
a Kids Kingdom Playground is a "Leathers"
designed wooden and concrete play structure
that is an extremely popular destination for
residents, schools, camps and visitors. The
structure was built in 1996 and is beginning to
show signs of wear. The structure must be
inspected regularly for splinters and damage.
Funds are included in the Capital Improvements
Plan (CIP) for annual maintenance.
a Little League Park contains four (4) baseball
fields that are used primarily by the Boynton
Beach Little League organization. Built in
1974, the structures are showing signs of aging.
Consideration should be given to accessibility
codes.
a Sara Sims Park and Cemetery is an older, park
that requires constant maintenance due to
vandalism This park is in the CRA district.
· Water Beach Access
a Boat Club Park is located between Federal
Highway and the Intracoastal Park and provides
boat access to the Intracoastal Waterway and
Atlantic Ocean. This park is heavily used by
both boaters and park users. The fishing pier
was replaced in 2004. The restrooms inside the
community center were renovated in 2004.
Playground equipment is scheduled for
replacement in 2008/09. The restrooms are
scheduled for renovation in FY 2005/06.
a Mangrove Park contains a 1/4 mile aluminum
walkway through 10 acres of mangroves on the
Intracoastal Waterway and includes educational
kiosks and an observation deck. Trash
accumulation in the mangroves IS an
unpreventable problem.
a Oceanfront Park is the City's only beach
access. It is heavily used, primarily by residents
of Boynton Beach and Ocean Ridge. The
boardwalk was scheduled for replacement in
2004; however, the cost of the replacement
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exceeded the budget. It is now scheduled for
replacement in 2007/08; however, this may need
to be reevaluated because of the deteriorating
infrastructure that supports the boardwalk. The
lifeguard towers are to be renovated in 2005106.
· Greenwav/Bikewavs
o Palmetto Green Linear Park is located on the
south side of the SFWMD C-16 canal. The
pathway turns into several overlooks that could
serve as fishing piers; however, a great amount
of trash and refuse has been tossed off the
platforms making fishing difficult.
· Conservation Lands
o Rolling Green Scrub is actually 5 different
scrub sites located in and around Ezell Hester
Park.
o Rosemary Scrub is owned by Palm Beach
County and is maintained in conjunction with
the Boynton Beach Recreation and Parks
Department. The scrub is open to the public.
o Seacrest Scrub is also owned by Palm Beach
County, maintained in conjunction with the
Boynton Beach Recreation and Parks
Department and open to the public.
· Community Parks
o Congress Avenue Community Park is home to
the city's tennis complex. The fencing and
lights on several of the courts were replaced in
summer of 2005. The park is scheduled for
master planning in 2005106. There is a deep
water well installed by the Utilities Department
on the southwest side of the park.
o Ezell Hester Park is one of the largest parks in
the system and the athletic facilities are heavily
used. The sand volleyball courts will be
replaced with a large play structure in 2005106.
o Intracoastal Park, the newest park in the
system, is located between Federal Highway
and the Intracoastal Waterway. It is an
extremely popular site that contains picnic
shelters and a large, handicapped accessible
play structure. A clubhouse will be constructed
on the east side of the site in 2006.
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o Wilson Park is in the process of a complete
renovation. The existing community center will
be demolished and replaced with a new, larger
one. New play equipments will also be added.
The pool will be renovated or replaced.
B. Future Parks
· Urban Civic Open Space
o Woolbright Place, approximately 3 acres
located on SW 8th Place and SW 1 st Court, will
be sodded and irrigated. Trees from other
developments in the City will be relocated to
this sight. The City Commission has asked for
community input and feedback prior to this
project taking place.
· Neiehborhood Parks
o FP & L Park is located on old Southwest 23rd
A venue directly south of the FP & L Substation
and is bordered on the west by the E-4 canal and
on the east by the CSX Railroad. This park
could be developed so that access to the canal is
provided. This 7.68-acre site has not been
master planned.
o Girl Scout Park is located on the east side of the
E-4 canal and is heavily treed with mature
canopy. This site also could be developed for
access to the canal. A master plan has not been
done at this time for this 9.73 acre site.
o Meadows IlNautica Sound Park Site is a 9-acre
site that could be developed as a community
park since there is no community park in this
quadrant of the city; however, it is expected that
surrounding neighborhoods would prefer a more
passive use. A master plan has not been done
for this site.
o Nautica Pond Site is a 3-acre site that will be
developed into a passive, nature-based park that
will feature a pond and a walking trail. The
development to the north of the site, Knollwood,
is anticipated to assist with the funding for the
development in exchange for the fill from the
pond.
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· Community Parks
o Nichols Property is a 15.4 acre site located on
the west side of the Boynton Beach Mall. This
site is not within the city boundaries at this time.
o Quantum Park Site is a IS-acre site located in
the Quantum Corporate Park east of the E-4
canal. A master plan was done for this site that
included athletic facilities; however, it is
anticipated that the use will change from active
to passive, nature-oriented as gopher tortoises
have been spotted on the site. The property is
adjacent to a large conservation area, which
could be incorporated into the nature-oriented
aspects of the park with the addition of
interpretive trails. Additionally, this park could
be used for access to the canal for canoes and
kayaks as part of the greenwaylblueway.
· Greenwav/Bluewavs
o Palmetto Green Linear Park is planned for
expansion from the existing path west to 1-95,
then south to Galaxy School. Funds are
allocated in the CIP for land acquisition and
construction.
o The Greenway and Bikeway Master Plan is
nearing completion. This plan will show
proposed bikeways, green ways and blueways to
interconnect the various destination points such
as parks, schools, shops, the library and
neighborhoods.
C. Public and Staff Input
Interviews were held with the City Commission, City Manager, Interim
Director of Human Resources, the Planning Team and staff to determine the
strengths and weaknesses of the department. Complete summaries of these
interviews are included in the Appendix of this report. In summary, the
participants were asked four (4) questions regarding the "ideal" park system,
issues that need to be addressed, funding mechanisms and partnerships. In
general, it was felt by most of the participants that the department has a
motivated and dedicated staff, the parks inventory needed to be analyzed,
departmental organization needed to be analyzed, funding sources need to be
identified and partnerships with schools and private developers should be
addressed.
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III. GOALS AND OBJECTIVES
A. Goals and Objectives
· Ensure Boynton Beach's Recreation and Park legacy for Future
Generations
o Develop fully programmed, fully operational and well-
maintained parks, facilities and programs that meet both
current and future park and recreation needs.
o Keep the public and local leaders informed about the value,
benefits, conditions and needs of Boynton Beach's park system.
o Coordinate the planning, management, development and
funding of parks, natural resources, trails and recreation needs
and concerns with other Boynton Beach departments and city,
county and regional planning efforts.
o Engage the residents to become stewards of Boynton Beach's
recreation and park system to help preserve the legacy for
future generations.
· Design, Build and Maintain Excellent Parks and Recreation Facilities
o Develop a park system that adequately serves the citizens'
current and future needs in an efficient and affordable fashion.
o Develop a set of park design standards that preserve the quality
of the recreation and parks system for future generations.
o Develop each park, natural area and open space to respect the
unique attributes of each site and its neighbors and according to
its role in the overall recreation and park system.
o Develop parks and facilities that are accessible and available to
all residents. Meet and, where possible, exceed the
requirements of Americans with Disabilities Act.
o Use environmentally friendly, sustainable methods to build and
care for parks, natural resources and recreation facilities.
· Create An Interconnected Regional and Local System of Paths,
Walkways and Trails for Make Boynton Beach a "Walkable
Community"
o Provide a safe and convenient trails system between parks,
natural areas and recreational facilities, and connect them with
residential areas, civic institutions and businesses.
o Coordinate the development of a regional trails system with
surrounding municipalities and the county.
o Integrate the parks, community centers, and trails into the
neighborhoods.
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· Provide equal access to parks and recreation programs for all
residents in the City
o Pursue all opportunities to provide parks and recreation
services in new developments throughout the community and
in natural areas.
o Provide developed neighborhood parks and community
facilities within a reasonable distance of every resident.
o Provide a geographic distribution of parks and recreation
facilities that offer equal access and opportunity for all
residents.
· Develop Recreation and Parks Facilities that Promote "Community in
the City"
o Build public plazas and "green connections" in neighborhoods
and along main streets.
o Provide unique public spaces that give Boynton Beach a
special and attractive identity that reinforces the existing
character of the City.
o Partner with other public agencies, schools and private
organizations to maximize parks and recreation opportunities,
facilities and programs.
o Provide a wide variety of arts, culture, historical and civic
amenities in the system.
· Provide an Appropriate Set of Land Management Regulations to
Accomplish the Long Range Needs of the Park System.
o Develop a long-range strategic plan for the City that enables
the City to plan and develop specific future parks sites within
the context of a well-orchestrated land development scenario.
o Review and update the Parks and Recreation Impact Fee
structure every three (3) years.
o Adopt new standards in the Comprehensive Plan that will
assure an adequate and appropriate parks, recreation and open
space system.
o Establish regulations that require new developments to provide
pedestrian and bicycle access into and through the new
developments.
· Provide Adequate Park and Recreation Maintenance and Management
o Establish appropriate maintenance standards to upgrade and
enhance the level of maintenance for parks and recreation
areas.
o Implement a parks and recreation improvement program,
include redevelopment of existing areas, maintenance,
improvement and renovation of all public areas and facilities.
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o Maintain, secure and manage existing and future parks and
open space in a manner that encourages appropriate use.
IV. PARK STANDARDS
A. Overview
Each community is unique. Every City has its own "personality" that differs
because of its demographic makeup. Due to differing geographical, cultural,
social, economic and environmental characteristics, each community must
select a set of standards, which best serves them for the cost of delivering
those services.
The parks and recreation system of a given City needs to reflect the needs of
the residents of that City by setting standards for appropriate service. The
standards are an expression of the essential facilities needed to provide the
level of park and recreation services desired by the residents in each
community. These standards are typically expressed as ratios such as acres of
park per 1,000 residents or numbers of tennis courts per 1000 residents. The
ratios are very useful in order to quickly assess the quantities and cost of the
projected needs. Standards should be practical and achievable, and provide for
equitable allocation of parks and recreation resources throughout the
community.
B. Description of Standards
The City of Boynton Beach has determined that the appropriate and
satisfactory level of services for park land is 3 acres per 1,000 residents.
Currently, the City owns 245.85 acres of developed park land. Using a LOS
of 3 acres/l ,000 residents, the City needs 195.62 acres to meet the LOS.
Additionally, the City owns 63.30 acres of undeveloped park land which will
be developed as the population increases.
c. Needs Assessment
In 2002, the City of Boynton Beach completed a Parks and Recreation Needs
Assessment which indicated the following facilities were a priority with those
residents that participated in the survey:
· Neighborhood Parks
· Nature Trails
· Picnic Areas
· Bicycle Trails
. Theater
89%
81%
80%
73%
73%
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. Performing Arts Center 72%
. Playgrounds in Parks 71%
. Fishing Piers 75%
. Amphitheater 65%
. Jogging Paths 64%
. Multipurpose Fields 63%
. Swimming Pools 60%
. Passive Recreation Areas 58%
. Greenways 57%
. Senior Center 56%
. Tennis Courts 55%
. Baseball Fields 53%
. Aquatic Facility 52%
. Basketball Courts 50%
. Teen Center 50%
. Skate Park 49%
. Football Fields 47%
. Boat Ramps 47%
. Soccer Fields 44%
. Dog Park 44%
D. Level of Standards
CURRENT LOS AND NEEDS
65,208 - 2004 POPULATION
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULA TION NEED
Baseball/Softball, Youth 1/15,000 4 4 0
Baseball, Regulation 1/25,000 4 3 0
Basketball 1/3,000 13 22 9
Community Center (I) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
F ootbalVSoccer 1/40,000 I 2 I
Multipurpose Field 1/1 0,000 I 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area 1/6,000 21 11 0
Playground I 14,000 17 16 I
Shuffleboard I 12,500 16 26 10
Pool (3) 1/40,000 I 2 2
Tennis Court I 12,000 31 33 2
Bocce Court N/A 3 N/A N/A
Volleyball Court N/A 4 N/A N/A
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
16
RECOMMENDED LOS AND NEEDS
65,208-2004 POPULATION
r------- -..
FACILITY CURRENT EXISTING NEED PER CURRENT
LOS FACILITIES POPULATION NEED
Baseba]I/Softball, Youth 1115,000 4 4 0
Baseball, Regu]ation 1/25,000 4 3 0
Basketball ]/4,000 13 16 3
Community Center (I) 1/25,000 5 3 0
Fitness Trail (2) 1/30,000 2 2 0
Football/Soccer 1/40,000 I 2 ]
Mu]tipurpose Fie]d III 0,000 ] 7 6
Racquetball Court 1/10,000 8 7 0
Picnic Area I /3,000 2] 26 5
Playground I /4,000 17 22 5
Shuffleboard ] /5,000 ]6 13 0
Pool (3) ]/40,000 ] 2 I
Tennis Court 1 /2,000 31 33 2
Bocce Court 1/25,000 3 3 0
V olleyball Court 1/15,000 4 4 0
Skate Park 1/65,000 0 I I
v. MASTER PLAN
A. Conceptual Parks and Recreation System Map
The following is the Conceptual Parks and Recreation System map developed
through the strategic planning process by Glatting Jackson. It is a result of the
numerous meetings and the input from City staff, elected officials, board
members and the public.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
17
r-
~ J c r 1 CJ F .8 CJ. 1 l\J . r
Co_n ceptu alPa rks and Recre
Hypo/ulto Rd.
C-1e
~lIi:'..r.;...:".~.~
CU'a:: .
Old BOY/llon
BOYlllon Beach Blvd.
Ga/e"ay Blvd.
~ J T Y 'J F 8 CJ 1 j\J T CJ j\J
Co~nceptual-Parks and Recreation
Hyp,,/ult" Rd.
L
HYPOU
Ga'e..ay Blvd.
C-II
c::iI.lC'.~:~.
_.. .
Boy",,,,, Beach Blvd.
B. Future Park Improvements
THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM
The Vision for the City of Boynton Beach's Recreation and Parks System is to create
a green infrastructure system of interconnected pleasing, functional, and well-
maintained open spaces, parks, greenways, streets, and waterways that will provide
the permanent physical qualities of a great city. Implementation of this Vision will
enable the City's Recreation and Parks Department to accomplish its mission to
"engage Boynton Beach citizens in diverse recreational experiences, and to cultivate
parks and open spaces".
Working with City staff, members of the Recreation and Parks Advisory Board, and
interested citizens, Glatting Jackson first developed nomenclature for the different
components of the City's Park and Recreation System including:
. Urban Open I Civic Spaces
. Neighborhood Parks
. Community Parks
. Special use Facilities
. Water I Beach Access
. Greenways I Bikeways I Trails
· Conservation Lands
. Regional Parks
. Schools I School Parks
· Private Recreational Facilities
A long range plan was developed for each component of the System, responding to
existing and projected population and demographics, lifestyles and needs.
LIFESTYLES
Early in the planning process, it was determined that the parks and recreation needs of
City residents vary depending upon where they live. Therefore the City conducted a
"Lifestyles Workshop" on November 17, 2004 to discuss differences iJ;l both existing
and proposed lifestyles and recreation needs in the various quadrants. The notes from
the Workshop are attached (Meeting Minutes, November 17,2004).
District 1, the Southwest Quadrant, is characterized as an area of retirees living in
planned communities, most of which have their own private recreational amenities;
therefore the public recreation needs in this quadrant are primarily for large passive
parks and other opportunities for social interaction and recreation outside of the
private communities. It is not anticipated that this demographic will change much
over the next 15 - 20 years.
District 11, the Northeast Quadrant, is an older coastal community that is
experiencing changes in its demographic mix, with more families and young
professional couples moving into the area. This area of the City has more parks and
recreation facilities than any other, but many need to be expanded or upgraded to
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
19
.mmodate increasing demands. The community also needs jogging trails, bike
'; and cultural/arts facilities within walking distance of residents.
/let III, the Southeast Quadrant, is also an area of changing demographics, and is
1!10st likely area to "gentrify" in the coming years. The community's parks system
':[;,:.1:; to be expanded with more open space and recreation facilities to meet the
!11,Teasing demand.
I)i.' 'rict IV, the Northwest Quadrant, is the highest income area of the City,
!liacterized as "typical suburbia". There are not enough parks and recreation
t.! llties to serve the youth and family-oriented lifestyle of this quadrant, and trails
11 iu bike paths are also needed to meet the needs of this growing suburban
:omrnunity.
!'ROPOSED IMPROVEMENTS
\ Parks and Recreation System Conceptual Master Plan was developed to show the
(il..:,Hions of both existing and proposed facilities to meet the needs outlined above.
: l)l!owing is a description of each of the proposed improvements. The proposed
mprovements are numbered to correspond to the locations shown on Parks and
:~ :~,reation System Map.
Urban Open I Civic Spaces
Bicentennial Park
· Complete renovation as a urban civic space for the downtown redevelopment
Veterans Park
it Complete renovation as a urban civic space for the downtown redevelopment
Proposed Town Square
~ The City is currently in the process of redeveloping the Town Square area
with the intent of encouraging traditional ToWn Square uses such as
education, commerce, government, and social interaction. The City should
develop an Open Civic Space I Plaza within the Town Square that would
provide opportunities to bring the community together for special civic events
such as celebrations, festivals, concerts, art shows and other city-wide
activities that in turn could provide revenue for the city.
'~t'ghborhood Parks
, .. \, :\ty of Boynton Beach has ten (10) Neighborhood Parks in its current Park
, "IL As time and use have taken a toll on some of these facilities, eight (8) parks
> j ( dentified through workshops and interviews as having a need for retrofitting
r enhancement. In addition to these renovations, nine (9) parcels owned by the
vcre identified to be developed as Neighborhood Parks in a phased fashion in
to meet the recreational needs of the City's population as it continues to
iirach Recreation and Parks Department
'~ Plan
20
increase in the years to come. Priority of park development would have to be
dC:li,.!nined at a later date.
J. Boynton Lakes Park
· Replacement of play equipment
· Landscaping
· Park furniture
3. Hibiscus Park
· Replacement of play equipment
· Landscaping
· Park furniture
5. Laurel Hills Park
· Single rail fence
· Surface parking area
· Resurface basketball court
· Replace basketball standards
6. Meadows Park
· Replacement of play equipment
· Landscaping
· Park furniture
8. Retrofit Forest Hill Park
· Single rail fence
· Replacement of play equipment
· Resurface basketball court
. Landscaping
· Park furniture
9. Retrofit Galaxy Park
· Replacement of perimeter fence
· Replacement of play equipment
· Renovation of ball field
· Picnic shelter
. Arboretum
· Landscaping
· Park furniture
10. Retrofit Jaycee Park
· Provide recreational access to Intracoastal Waterway
· Develop connection to Woolbright Road
· Picnic shelter
· Restrooms
Cir, Beach Recreation and Parks Department
Strategic Mu.}ler Plan
21
. Parking area
. Play equipment
. Walking trail
. Interpretive kiosks
. Bocce court
. Boardwalk
. Day docks
. Open play space
. Landscaping
. Park furniture
11. Retrofit Pioneer Canal Park
· Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal
Waterway
· Resurface tennis courts
· Single rail perimeter fence
· Surface parking lot
· Renovate or replace restroom
· Resurface basketball courts
· Multipurpose field
· Landscaping
· Park furniture
12. New Neighborhood Park - FP&L/ Golf Road Park Site
· Develop park to provide recreational access, i.e. canoe, kayak launch site, to
adjacent Canal Waterway.
13. New Neighborhood Park - Girl Scout Park
· Develop park to provide recreational access, i.e. canoe, kayak launch site, to
adjacent Canal Waterway.
14. New Neighborhood Park - Nautica Pond Site
· Develop park to meet local residents' needs
15. New Neighborhood Park - Nautica Sound Park Site
· Develop park to meet local residents' needs
16. New Neighborhood Park - Meadows I Park Site
· Develop park to meet local residents' needs
17. New Neighborhood Park - Southeast Neighborhood Park Site
· Develop park to meet local residents' needs
18. New Neighborhood Park - Woolbright/ Leisurevil/e Place Park Site
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
22
19. New Neighborhood Park - Quantum Community Park Site
· Develop park to meet local residents' needs
20. New Neighborhood Park - Winchester Park Site
· Develop park to meet local residents' needs
Community Parksl Centers
Out of the four (4) existing Community Parksl Centers, one (1) was identified as
having a need for retrofitting and one (1) site was identified as potential Community
Park sites to be developed as the need arises.
9. Retrofit Wilson Center
· New community center
· Replace pool
· Multipurpose field
. Play equipment
· Consider spray ground
· Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal
Waterway.
. Landscaping
. Park furniture
10. New Community Park! Center - Nichols Road Site
· Develop a multi-purpose Community Park to meet residents' needs
Special Use Facilities
Three Special Use Facilities are proposed to be retrofitted, including two cemeteries.
Cemeteries were historically used as passive and contemplative parks. The City of
Boynton Beach has the opportunity to revive this tradition and provide its residents
with truly memorable and contemplative "Cemetery Parks."
2. Little League Park
· New well and renovated irrigation
· Replace dugouts
· Renovate restrooms
II. Retrofit Barton Memorial Park
· Consider developing Barton Memorial Park as a "Cemetery Park" that
includes historical context.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
23
12. Retrofit Congress Avenue Community Center
· Upgrade the Tennis Center to meet residents' needs (in progress)
· Boundless Playground
· Community building and restroom
· Gardens
· Pavilions
. Walking trail
. Landscaping
· Park furniture
13. Retrofit Sara Sims Park
· Consider developing Barton Park as a "Cemetery Park" that includes
historical context
· Complete park renovation to include
o New restrooms
o Picnic areas with pavilions
o Play equipment
o Single rail fence
o Multipurpose field
Waterl Beach Access
6. Oceanfront Park
· Replacement of boardwalk
· Rebuild guard towers
· Add 2nd story to office
· Enlarge maintenance building
· Single rail fence
· Catwalk over the dune
· Additionallighting
· Install stairs from lower parking lot
· Handicap walking to beach
· Paint all buildings
Greenwaysl Bikewaysl Trails
In August 2004 the City Commission approved, in concept, the City of Boynton
Beach Greenway and Bikeway Master Plan, which establishes an interconnected
system of Greenways, Blueways, Bikeways and Trails throughout the City. This
System has been incorporated into the Parks and Recreation Master Plan, as follows:
1. Palmetto Greens
· Renovate restrooms
· Expand the greenway to 1-95
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
24
2. Old Train Depot Trail Head
· Purchase and renovate train depot as a trail head including a cafe.
3. Develop FEC Corridor Greenway
· Develop corridor as a "Transit Greenway" that provides for a multi-purpose
recreational path, and connects to adjacent cities and park systems.
4. Develop 1-95 Corridor Greenway
· Work with FDOT and the County to establish this Greenway, including a
paved multi-purpose path, shade trees, benches, bicycle stands, and signage.
5. Develop Intracoastal Waterway Boardwalk
· Develop a pedestrian, recreational promenadelboardwalk along Intracoastal
Waterway connecting Woolbright Road and Jaycee Park.
6. Develop Shaded Bikeways Program
· Enhance roadways throughout the City to create a system of tree-lined
boulevards, avenues and streets that link neighborhoods, parks, and
commercial/employment areas, and safely accommodate motorists, cyclists,
and pedestrians.
7. Develop Recreational Greenways
· Develop recreational greenways along Canal R.O.W., Utility Easements, and
any available vacant parcels as a means to create citywide "Green
Infrastructure Network."
Conservation Lands
The current Park System provides residents with three conservation sites: RoIling
Green Scrub, Rosemary Scrub, and Seacrest Scrub. One (1) additional parcels were
identified through the interviews and workshop as potential conservation sites that
would provide residents with additional passive and educational recreation
expenences:
5. New Conservation Land - Quantum Conservation Site (Private)
o Acquire site and develop along with Quantum Community Park to create
larger and more influential environmental park.
Schoolsl Religious Institutions
Schools and religious institutions provide opportunities for publiclprivate partnerships
to meet community recreation needs. Three potential sites for partnerships include:
9. Rolling Green Elementary School/ School Park
10. Temple School Park
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
25
',V Congress Middle School/ School Park
t1!tc Recreation Facilities
'in.lar to most counties and cities of South Florida, the City of Boynton Beach is
.i:nprised of many private and gated Planned Unit Developments (PUD),
klominiums, and apartment complexes. Many of these developments provide their
(iidcnts with recreational facilities and amenities in the form of community pools,
'''. grounds, sports courts, etc. These facilities, although private, help meet the
national needs of City residents.
ufditional Planning, Code Revisions
of the facilities outlined above require further planning and design in order to be
I)'lcmented. Additionally, the City needs to adopt its Greenway Plan as part of the
. 'I \ S Comprehensive Plan, and revise the Land Development Codes to require the
lp1ementation of greenway segment and/or neighborhood and community parks as
;:,1 of the development approval process.
HE IMPLEMENTATION PLAN
rhe Implementation Plan is the most important aspect of the strategic planning
process. This phase of the plan proposes a set of strategies for the City of
Boynton Beach to put in place in order to realize the various elements of the plan.
I 'he Implementation Plan is divided into four sections: A. Capital Improvements
e,an, B. Funding Sources, C. Comprehensive Plan, and D. Management and
\dministrative Recommendations.
\. Capital Improvements Plan
The City of Boynton Beach uses a 5-year Capital Improvement Plan (CIP)
that is updated on an as needed basis. Funding is usually identified for the
first two years.
The Strategic Plan is a ten-year plan and includes a lO-year CIP. Certain
assumptions have to be made as to the timing and details of development of
parks and facilities. This is a fluid plan that helps steer the department and
can change as plans become reality.
The Strategic CIP is included in Appendix C.
C
St
i}.:~ach Recreation and Parks Department
Plan
26
B. Funding Sources
A significant challenge for the City of Boynton Beach in meeting public
recreation demands is funding. Significant financial investment is necessary
for physical development, land acquisition, maintenance and programming.
Implementing the recommendations of the Strategic Plan hinges on the ability
to secure funding from multiple sources and responding with effective
management of parks and recreation facilities and programs.
The major impediment to the implementation of the plan is the lack of
adequate dedicated funding sources for both capital and land acquisitions, and
for ongoing park management. Currently, significant funding deficiencies
exist for these. The following funding sources are a comprehensive listing of
funding options that the City should consider.
1. Park Impact Fees
The City of Boynton Beach currently assesses new development for
park impact fees. The purpose of this is to implement the capital
facilities element of the Comprehensive Plan by:
a. Ensuring that adequate park, recreation, open space and trail
facilities are available to serve new development.
c.
b. Maintaining the high quality of life in Boynton Beach by ensuring
that adequate facilities are available to serve growth thereby
providing for the needs of new growth and maintaining existing
service levels for present businesses and residents.
Establishing standards and procedures whereby new development
pays its proportionate share of the costs of park, recreation, open
space and trail facilities.
Existing fees are charged as follows:
· Single-Family, Detached Unit
· Single-Family, Attached Unit
· Multi-Family Unit
$940.00 Per Unit
$771.00 Per Unit
$656.00 Per Unit
Consideration is begin given to increasing the impact fees to assure
that sufficient funds are collected to cover the costs of adequate
park and recreation facilities.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
27
2. Grants
The following identifies a number of grant sources that are available
for land acquisition, park improvements, recreation facilities,
green ways and trails, conservation land and programming:
· Florida Forever - Florida Communities
· Florida Recreation Development and Assistance Program
(FRDAP)
· Greenways and Trails
· Land and Water Conservation Fund (L WCF)
· Community Development Block Grant (CDBG)
· Palm Beach County Discretionary Funds
· Palm Beach County Recreation Assistance Grant (RAP)
3. Debt Financing
This method essentially requires a community to sell bonds or
otherwise borrow money to be repaid from an annual automatic lien on
the general fund. Or a community can pay for its infrastructure in the
same way a person borrows money to purchase a home. In both
instances, the capital need is immediate and high, the equity
appreciation reasonably assured, and the monthly or annual principal
and interest payments generally fixed. Like all forms of infrastructure
financing, there are some disadvantages and risks. One major risk is
voter aversion to approving bond issues, which means an increase in
their property taxes.
4. Reserves
Reserves are those surplus funds in a local government coffer that are
either intentionally built up for a "rainy day" or accrue because the
budget requirements were less than the revenues collected. By having
sufficient reserves, a municipality does not have to try to sell bonds or
borrow capital improvement funds. Reserves are difficult to project.
5. Advance Acquisition of Park and Open Space Land
In this approach, a municipality maps out its future parks, recreation
and open space through the comprehensive planning process. It then
negotiates with landowners to purchase the property at a fair price,
ideally before the land boom prices begin to rise. This approach can
work to the advantage of developers and new residents by assuring
that the parks and greenways will be there to increase property values
and make new subdivisions more attractive to homebuyers. The cost of
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
28
the property can be repaid back to the city by the developers of the
property.
6. Lease-Purchase Contracts
These contracts allow a community to begin use of a tract of land
without acquiring all of the money needed to purchase the property.
Sometimes, the lease fee is higher than the interest on bonds; however,
it does provide a means to convince citizens that unless the community
comes up with the money to purchase the land, the recreation
opportunities enjoyed on the land will be foregone.
7. Sale of Park Land
The sale of underutilized land should be considered. Reduction of
acreage would have a direct impact on the cost for maintenance.
8. Real Estate Transfer Fees
As cities expand, the need for infrastructure improvements grows.
Since parks add value to neighborhoods and communities, some cities
have turned to real estate transfer fees to fund parks and recreation
needs. Usually transfer fees amount to ~% to 12% on the total sale of
the property.
9. Naming Rights
Many cities have turned to selling the naming rights for new buildings
or the renovation of existing buildings and parks for the cost
associated with the improvement.
10. Cell Towers
Cell towers in remote park areas or attached to existing light poles on
athletic fields is another source of income.
11. Partnerships
Partnerships are joint development funding sources or operational
funding sources between two separate agencies, such as two
governmental entities, a non-profit and the City, or a private entity and
the City. The partners develop park and recreation facilities and share
risk, operational costs, responsibilities and asset management based on
the strengths and weakness of each partner.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
29
12. Special Taxing Districts
Taxing districts are established to provide funds for certain types of
improvements that benefit a specific group of affected properties.
Improvements may include landscaping, park furnishing, public art,
supplemental services
C. Comprehensive Plan
A critical part of the Strategic Plan is the rewriting of the Recreation and Open
Space Element of the City's Comprehensive Plan. The Comp Plan will
include the development elements identified in the Strategic Plan and will
allow the City to formalize the Strategic Plan to assure the adherence to the
plan. The Comp Plan will be submitted to the Department of Community
Affairs in Tallahassee in 2006. Review will take approximately nine (9)
months. A copy of the plan is included in Appendix B.
D. Management and Administrative Recommendations
1. Departmental Organization
Current Departmental Organization
At the current time, the parks, recreation and transportation divisions
make up the Recreation and Parks Department. Traditional
departmental organization dictates that these services are usually
combined and managed by one director. The following organizational
chart depicts the current structure of the department:
The Department is organized in the following manner:
DIVISION FULL-TIME PART-TIME FTE'S
Recreation 29 17.67
Parks 31 5.13
Transportation 5 .93
Desired Department Organization
Changes need to be made to the existing organizational structure to
achieve a balance in duties. A Recreation Superintendent position
should be created to supervise the two (2) Senior Recreation
Managers.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
30
Future Staffing Requirements
Over the past few years, due to budget constraints and through
attrition, three (3) positions have been eliminated. One (1) full-time
position was split into two (2) part-time positions. A Recreation
Manager position should be created to oversee the Congress A venue
Boundless Park including the tennis operation. The Recreation
Specialist position that oversees the tennis operation should be
eliminated and a Tennis Professional should be hired on a contractual
basis. While the department has been able to continue to provide
programming and maintenance at an acceptable level, the addition of
new parks and facilities will require the addition of recreation and
parks staff. It is anticipated that the following staff or services will be
needed as new facilities come into being:
Future Staffing Costs
The following indicates the required additional personnel over the next
ten years. The salaries are based on current entry level salaries with a
5% increase for each year.
2006/2007
1
1
I CI bh
W;'l
C
mprovements: ntracoasta u o use, 1 son enter
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
I Recreation Supervisor 15.07 40 31,350 31,350
2 Recreation Specialist 11.43 40 23,784 47,568
TOTAL 78,918
2007/2008
Improvements: Congress Avenue Boundless Park and Therapeutic
Center, Congress Avenue Middle School
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
1 Maintenance Worker Senior 11.43 40 23,784 23,784
2 Maintenance Worker 10.90 40 22,672 45,344
1 Recreation Specialist 11.43 40 23,784 23,784
I Recreation Manager 19.32 40 40,185 40,185
I Recreation Superintendent 29.25 40 60,840 60,840
TOTAL 193,937
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
31
2008/2009
1
G'IS
R k
mprovements: IT cout aT
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
None Needed
TOTAL -0-
2010/2011
1
Wt h
R k
mprovements: mc ester ar
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
] Crew Leader 14.59 40 30,347 30,347
] Maintenance Worker 12.62 40 26,250 26,250
TOTAL 56,597
2011/2012
1
FP&LR k Old 1', . D
G
mprovements: ar , ram epot, reenways
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
] Recreation Supervisor ]9.23 40 39,998 39,998
] Recreation Specialist ]6.91 60 35,172 52,669
] Pk Maintenance Specialist ]6.91 40 35,] 73 35,173
] Park Maintenance Worker ] 3.25 40 27,562 27,562
TOTAL 155,404
2012/2013
Improvements: Quantum Park, Greenways
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
] Recreation Supervisor ] 9.23 40 41,995 4],995
I Recreation Specialist ]6.91 40 35,172 35,172
I Park Maintenance Worker ]3.9] 40 28,938 28,938
TOTAL 107,874
2013/2014
1
~
S dIM, d
I
mprovements: a utica oun ea ows
1# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
I POSITION COST
r None Needed
i TOTAL -0-
2014/2015
l G
,
I
mprovements: reenways
# POSITION HOURLY HOURS PER ANNUAL . TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
,'1each Recreation and Parks Department
,',..,> Plan
32
~ None Needed
TOTAL
-0-1
2015/2016
1
N,' h l R d R k
mprovements: Ie os oa ar
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
None Needed
TOTAL -0-
2016/2017
Improvements: reenwavs
# POSITION HOURLY HOURS PER ANNUAL TOTAL
SALARY WEEK PER ANNUAL
POSITION COST
None Needed
TOTAL -0-
G
NOTE: Salaries reflect a 5% increase in each out year. Salaries do
not include benefits, equipment, etc.
2. Programs
The 2002 Parks and Recreation Needs Assessment also determined
programming needs. Areas of emphasis in programming indicated that
residents of Boynton Beach would like the following:
. Festivals and special events
. Exercise and fitness programs
. Computer classes
. Tours of local attractions
. Arts and crafts programs
. Senior programs
. Activities for pre-schoolers
. Summer camps
. Tutoring
. Dance and music lessons
. Visual arts
. GED programs
. Outdoor volleyball
. Boating activities
. Special needs programs
. Singles events
. Cricket
City of Hoynton Beach Recreation and Parks Department
Strategic Master Plan
33
81 % of the respondents indicated that they are willing to pay a user
fee for new recreation opportunities. The addition of new park
facilities and personnel will help provide venues for these
additional activities.
The Department will develop a Recreation Programming Plan,
which will be reviewed annually to assess and address current and
future needs.
Additionally, the Needs Assessment will be completed every five
(5) years.
3. Revenue Generation
Increase User Fees for Programs
Unfortunately but understandably, when budgets have to be cut, parks
and recreation is one of the first victims. Since the downturn in the
national economy, numerous parks and recreation systems have to
consider raising user fees to continue to offer quality-programming
opportunities. While this is not initially popular with users, a proper
marketing and information effort should help users understand the
necessity of this strategy.
Historically, adult programming has been partially subsidized by the
City. It is recommended that Boynton Beach audit the true costs of
each program, including maintenance and facility costs, staff costs,
advertising costs, etc,
Most municipalities believe that children's and teen's programs be
partially subsidized, and that reduced cost for participation be given to
the financially disadvantaged. The choice of how much the program is
subsidized is a philosophical decision to be made by Boynton Beach. It
is recommended that Boynton Beach track the true costs for each
program and make adjustments so that one program is not subsidized
more than another.
Facility Rentals
As the new community centers and neighborhood parks are added to
the system, a fee plan for rental facilities should be developed. Picnic
shelters can be used on a first come-first served basis; however,
guaranteed use can be made through a reservation program that
includes a rental and clean-up fee. A fee plan for rental facilities is
being developed by the department.
CIIJ 'leach Recreation and Parks Department
Stratet,IL Muster Plan
34
Athletic facilities should also be rented. They are quite costly to
maintain so the fees should cover the cost of maintenance and upkeep.
Equipment Rental
This revenue source is available through the rental of equipment such
as tables, chairs, tents, stages, bicycles, roller blades, canoes, kayaks,
sports equipment, etc.
Special Fundraisers
Many park and recreation agencies have special fundraisers on an
annual basis to help cover the costs of specific programs and/or capital
projects.
Utility Round-up Programs
Some park and recreation agencies have worked with the local utilities
on a round-up program whereby a consumer can pay the difference
between their bill up to the even dollar amount and they then pay the
parks and recreation department the difference.
Corporate Sponsorships
This revenue-funding source allows corporations to invest in the
development or enhancement of additional programs in the City.
Sponsorships are also used for special events.
Foundations
These dollars are raised from tax-exempt, non-profit organizations
established with private donations in promotion of specific causes,
activities or issues. They offer a variety of means to fund capital
projects, gifts, fundraisers, endowments, etc.
Advertising
This revenue source is for the sale of tasteful and appropriate
advertising on park and recreation related items such as the City's
program guide, scoreboards, dasher boards, fences or other visible
products or services that are consumable or permanent that expose the
product or service to many people.
Sign age Fees
This revenue source charges citizens and businesses with signage fees
at key locations with high visibility for short term events. Signage fees
typically run from $25.00 per sign up to $200.00 per sign based on the
size and location.
Scholarship Program
This program allows the City to set across-the-board subsidy rates but
offer financial assistance to those residents who cannot afford to pay
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
35
the full amount. In this way, the program subsidy level is maintained
and equitable access to the programs is maintained. The scholarship
program can be a formal program through which businesses and
individuals can donate money specifically to the program. Or the
program can be funded with monies from the City, either from the
general fund or other designated source.
Adopt-A-Park Program
The development of a formal Adopt-A-Park program would establish
rules and guidelines of responsibilities for the adoptee. It would be
recommended that the adoptees be a formal organization such as a
neighborhood organization, homeowners association, business, civic
group, etc. There is strength in numbers making burn-out less likely.
Wish List
This method of raising funds or getting materials has proven to be a
successful method of augmenting the budget. Each year, the
department establishes a "wish list" of items that they need, such as
landscaping materials that are wanted, play equipment, art supplies,
even vehicles and equipment. The list is published to the public. The
downside is that the results can vary greatly from year to year,
depending on the economy's performance. It is suggested that the list
not contain any items necessary for the day-to-day operation.
V olunteer Program
The use of volunteers to do clerical work and programming can be a
useful tool in augmenting the staffing levels. The City has a volunteer
program that is formalized and includes background checks, regular
schedules, job descriptions and evaluations to assure the safety of the
clientele and the quality of the volunteers.
Cost Avoidance
The City should take a position of not being everything for everyone.
It must be driven by the market and stay with the Department's core
business. By shifting its role as direct provider, the City will
experience savings by deciding whether or not to provide that facility
or program. This is cost avoidance.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
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4. Administrative and Operational Management Priorities
As a result of the Accreditation Self Assessment process and strategic
planning meetings, the following have been identified as focus areas:
· Community and Public Relations
. Outreach
· Developing relationships and partnerships with other non-
profit, governmental and corporate entities
· Comprehensive annual evaluation of programs, plans and
procedures
· Staff development
The Department shall utilize these focus areas in developing annual
department and staff goals while continuing to respond to changing
conditions, needs and trends, thus ensuring that there is a long range
strategy to achieve the Department's mission.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
37
APPENDIX
Appendix A
Recommendations from Staff Connections regarding Organizational Structure
Appendix B
Revised Comprehensive Plan
Appendix C
10-year Capital Improvement Plan
'Ieach Recreation and Parks Department
('Ian
38
~
Staff Connections, LLC
Organization and Employee Development
APPENDIX A
City of Boynton Beach
Recreation and Parks Department
Strategic Planning Initiative
Organizational Structure
Pu rpose
The purpose of the Organizational Structure analysis and recommendations for the City of
Boynton Beach Recreation and Parks Department is to develop a structure that helps the
Department reach its vision of better serving the recreation and parks needs of City residents.
In addition, the recommended structure has been developed as an integral part of the
Department's visioning and strategic planning initiative, and the update to the City's
Comprehensive Plan Recreation and Parks Element.
Background
The City Commission and senior managers recognized the importance of providing a vision
and strategic plan for the City's Recreation and Parks Department. In addition, the City has
chosen to update their Comprehensive Plan Recreation and Parks Element. The City chose
the progressive path of preparing an organizational structure for the Department at the same
time. To better serve the recreation and parks needs of their residents, the City chose to
simultaneously undertake three initiatives:
1. Develop a Recreation and Parks Strategic Plan;
2. Update the City's Comprehensive Plan Recreation and Parks Element; and
3. Develop a Department Organizational Structure.
Development of a new organizational structure for the Department is an integral component
of the strategic and comprehensive planning initiatives. In fact, the organizational structure
is one of three primary components of successfully implementing the vision and strategy of
any organization. Graphic 1 represents the integrated way that structure, skills and systems
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
39
all interrelate to successfully implement the vision and strategy of the Department within its
culture. The structure plays a key role in the success of the Department.
Graphic 1 - Elements of Organizational Success
Elements of Organizational Success
City of Boynton Beach, Recreation and Parks Department
Methodology
An extensive data collection process was followed including
o Interviews;
o Collection and review of reports and documents; and
o Attendance at staff and planning meetings.
A detailed report on the process and information gathered as part of the data collection effort
is included in this report as Appendix A.
In summary, the following interviews took place:
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
40
o Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager _
October 21, 2004;
o John Jordan, Interim Human Resources Director - October 21, 2004;
o Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John
Bebensee, Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffenreidt and Tom
Balfe - November 10, 2004;
o Bess deFarber, professional facilitator for several Departmental meetings in 2004 _
November 16, 2004; and
o Recreation and Parks Department Planning Team - November 17,2004 (a summary
of this discussion is included as Appendix B).
These interviews played a significant role in the establishment of an understanding of past
activities and desired outcomes related to the organizational structure for the City's
Recreation and Parks Department. A consistent set of questions was asked of each
memberlgroup to provide standardized results.
Participants were very cooperative and open with their responses. They appreciated being
asked the questions and being involved in the process of developing a new organizational
structure for the Department. Extensive notes were taken, summaries prepared and the
participants were asked to review the summaries to ensure that their responses were
accurately represented.
Several of the visioning and strategic planning meetings were attended to better understand
the future direction of the Department. It is important to closely link organizational changes
with the desired future changes in the delivery and operations of the City's recreation and
parks facilities and services.
In addition to the interviews and planning meetings, numerous documents were collected and
reviewed. The Department supplied the documents including:
o History and Tour of Parks, John Wildner, Deputy Director of Recreation and Parks,
Documented August 26, 2004 by Virginia H. Shea;
o Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions,
February 11 and 13, 2004, 11 :30 a.m. to 3:00 p.m., Venue: United Way of Palm
Beach County, ASK Associates, Inc. dated February 19,2004;
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
41
D City of Boynton Beach, Recreation and Parks Department organizational structures
for FY 2003-04 and FY 2004-05~
D City of Boynton Beach, Personnel Policy Manual, revised date: 08/01/03~ and
D City of Boynton Beach, Recreation and Parks Department, Boynton Beach, Florida,
Marketing and Communications Plan 2003-2005.
These documents provided an excellent background on the Department and the progressive
work being done by the City. The City and Department have taken many steps to follow a
process of continuous improvement in the provision of recreational services and parks
facilities for Boynton Beach and this is apparent in the documents.
Results and Recommendations
This report focuses on the recommended organizational structure and related actions that
should take place to successfully implement the new structure. In presenting the
organizational structure, insight and recommendations developed as part of this project
related to the systems and skills of the Department will also be covered. However, the
primary purpose of this project was to focus on the organizational structure and related
actions. Appendix C presents the recommended high-level organizational structure for the
City's Recreation and Parks Department.
In the establishment and implementation of the recommended organizational structure for the
Recreation and Parks Department, management and staff should continue to implement the
following principles:
D Meaningful Participation - in order for any organizational structure to be successful
the people being organized must be a part of the process. The staff was consulted and
participated in the development of the recommended organizational structure.
However, that is not enough. If the Department is to be successful in achieving its
vision staff must continue to play an active and meaningful role in the
implementation of the structure.
D Flexibility - once the basic framework of the structure is established it should remain
static for a period of time for it to succeed. However, the managers and staff should
be flexible in its implementation. If the staff is to play a meaningful role in its
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
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implementation as recommended above, mmor changes and adjustments to the
structure should periodically take place.
D Communication - the most important part of any organization is its people and the
City's Recreation and Parks Department is no different. Managers and staff have a
responsibility to honestly and respectfully communicate up and down the
organizational structure as well as across organizational lines. If the Department is to
be successful in achieving its vision and strategy its managers must continuously
create an environment for the honest exchange of current events, concerns, and ideas
for improvements with their staff.
Implementation Actions
For any organizational structure to be successful it must be understood and supported by the
staff. It should also be considered a "living" structure in the sense that it will need to be
revised and updated from time to time.
The City of Boynton Beach Recreation and Parks Department has established some positive
and progressive management measures that should be continued. In addition, several other
initiatives were identified as part of this organizational structure project that could help make
the Department even more successful and supportive of staff.
The Implementation Actions listed below include both existing organizational activities
currently being implemented within the Department that should continue and new initiatives
identified as part of this study that should be considered by management.
Implementation Actions
Implement an organizational structure with two professional
level Superintendent positions:
D Superintendent Parks (existing position), and
D Superintendent Recreation Programs (new position).
Note: It is anticipated that this changes can be made without
adding any additional Full Time Equivalent (FTE) positions in
x
City of Boynton Beach Recreation and Parks Department
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r-- ! i':partment.
:gement should present the Organizational Structure
represented in Appendix C to staff and ask for input on how the
2 10w,'1 levels of the organization should be structured. The intent X
is to get their buy-in on how they want to be organized using the
high-level structure gIven III Appendix C as the basic
framework.
Investigate reclassifying the Recreation Supervisor position
3 (Grade 13) to better reflect the current and expected levels of X
responsibilities.
5
Designate a person to monitor and track the execution of the
implementation actions.
Continue to integrate the City's Core Values into the
Department's management philosophy and day-to-day actions
by:
o
o
X
6
reinforcement during employee recognition, and
recognizing specific cases of real life application of the
Core Values by staff.
Identify management and administrative competencies as key
criteria for the performance reviews of the new Superintendent X
Recreation Programs osition.
The two Superintendents should meet at least weekly to ensure X
close coordination and communication between the two units.
Maintain the existence and use of the Department Planning
Team:
o
o
X
7
8
9
10
continue rotating the membership among staff, and
use the Planning Team to provide honest and open
feedback to management
Hold periodic communication meetings between the Recreation
ant) Parks Director and Director of Public Works to coordinate X
pi" maintenance.
'!'V to fill Departmental vacanCIes within 30-60 days to X
l1i~nllnize overloadin existin staff.
; Cilimally communicate to staff that the evaluation criteria on
I :, performance reviews can be changed to reflect their X
! '-;:'l hc situation.
I, , ." the performance reVIews, managers should focus on X
., ,l!lat the employees can improve and succeed.
ikte the Department's Administrative Policy Manual
X
11
12
1J
14
X
Cit)
Strategic
. ", Beach Recreation and Parks Department
,'f,,'" Plan
44
r- (APM).
! Clarify Department policy and union rules for time spent during
b facility rentals and related events. X
--
The following programs currently being implemented by the
Department should be continued:
16 0 Walk-A-Mile-In-My-Shoes Initiative, X
0 Get- To-Know- Y ou Questionnaire, and
0 Employee Recognition Program.
17
Improve effectiveness of manager meetings, staff meetings and
Planning Team meetings by:
o rotating the facilitation of the meetings among
stafflmanagers,
o surveying staff on what they want to hear . during the X
various meetings,
o putting more administrative items in e-mails to staff
instead of covering them during meetings, and
o minimizing lecture time and promoting more time spent
on active artici ation.
18
A training needs assessment should be conducted for managers,
supervisors and staff to develop a training and development X
program to be implemented at all levels.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
45
City of Boynton Beach
Recreation and Parks Department
Strategic Planning Initiative
Organizational Structure Data Collection Summary
This report summarizes data collected by Staff Connections, LLC as part of the City of
Boynton Beach Recreation and Parks Department Strategic Planning Initiative. The
information collected as part of this effort is related to the Department's organizational
improvement efforts.
Sources of Information
Interviews were conducted using a set of standard questions with the following people:
· Kurt Bressner, City Manager and Wilfred Hawkins, Assistant City Manager -
October 21, 2004
· John Jordan, Interim Human Resources Director - October 21, 2004
· Recreation and Parks Department managers: Wally Majors, Sharon Vicki, John
Bebensee, Jody Rivers, Virginia Shea, Sherri Claude, Mary Degraffenreidt and Tom
Balfe - November 10, 2004
· Bess deFarber, professional facilitator for several Departmental meetings in 2004 -
November 16, 2004
· Recreation and Parks Department Planning Team - November 17,2004
Written comments were also received from Debbie Majors, Sherri Claude, Virginia Shea and
Mary Degraffenreidt. The City's Technical Advisory Committee established as part of this
strategic planning initiative was consulted and informally questioned on August 24, 2004.
The following documents from the City of Boynton Beach were reviewed:
· History and Tour of Parks, John Wildner, Deputy Director of Recreation and Parks,
Documented August 26,2004 by Virginia H. Shea
· Final Report, City of Boynton Beach Recreation & Parks Staff Planning Sessions,
February 11 and 13, 2004, 11 :30 a.m. to 3:00 p.m., Venue: United Way of Palm
Beach County, ASK Associates, Inc. dated February 19,2004
· City of Boynton Beach, Recreation and Parks Department organizational structures
for FY 2003-04 and FY 2004-05
· City of Boynton Beach, Personnel Policy Manual, revised date: 08/01/03
· City of Boynton Beach, Recreation and Parks Department, Boynton Beach, Florida,
Marketing and Communications Plan 2003-2005
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
46
Data Summary
, , of the data and information collected for the City of Boynton tleach KecreatlOn
anti Park:, Department is divided into five categories:
· Department Strategy - the stated direction for the Department in the delivery of parks
and recreation services and existing or anticipated impacts to that strategy;
· Organizational Structure - the existing organizational structure and information that
relates to the structure;
· Systems - systems that pertain only to the organization of the Department;
· Skills - the existing and anticipated skill sets to help the staffbe successful; and
· Culture - a collection of information related to the shared attitudes, values and beliefs
of the Department staff.
Department Strategy
The overall strategy for the City of Boynton Beach Recreation and Parks Department can be
summarized by the Department's slogan, "We Make Life Fun". The Mission Statement for
the Department is: We exist to engage Boynton Beach citizens in diverse recreational
experiences and to cultivate parks and open spaces.
The Department staff is focused on providing meaningful, desired and cost-effective
recreational services and parks to City residents and visitors. This came out consistently in
interviews with City and Department managers. Representative comments were:
· The Department has a motivated and engaged staff;
· Wally has provided excellent leadership of the Department staff;
· The Department provides broad-based support to all age groups in the City;
· The expansion of the Heart of Boynton Beach and Capital Improvement Plans show a
positive effort toward the growth of our department; and
· The Accreditation Team is addressing many of the Administrative Policy Manual
(APM) policies that are in place and will be able to suggest needed changes to
become a more efficient department.
The accreditation process that the Department is undergoing is almost universally seen to be
a positive action and should be continued and supported. The accreditation process for the
Department is thought by staff and managers to be helping set direction and strategy for the
Department. It is also thought that the accreditation will maintain and expand the
professional delivery of services to residents.
Ideas were also recognized for ways of clarifying and improving the Department's strategy:
· Eventually address some ofthe "bouquet" programs offered by the City;
· Actively participate in the strategic planning and Accreditation processes to update
and clarify the strategic direction for the Department;
· The Marketing Plan offers an excellent tool to facilitate the outreach and rollout of
existing and new programs;
· Special events need to be addressed related to the use of City equipment and staff;
· Eventually deal with the use of City parks by the Little Leagu
Organizational Structure
City (if Boynton Beach Recreation and Parks Department
Strategic Master Plan
47
The primary issue identified with the organizational structure was the recent reorganization
to integrate the parks staff with the recreation staff. Staff recognized the resulting advantages
and \.:hallenges with this integration;
· Getting the parks and recreation staff back together was seen as a very positive
action;
· The Planning Team established in 2004 has been a very positive addition and should
be maintained with rotating membership among staff;
· Use the Planning Team to provide management with honest and open feedback;
· It was recommended that John Bebensee be given the full responsibility of managing
the pool at Wilson Park in line with his job title;
· Investigate reclassifying the recreation supervisor (current grade 13) to better reflect
the current level and expected levels of responsibility;
· The creation of the two Senior Recreation Manager positions, which are essentially
superintendents, has divided staff and created an "us vs. them" attitude that needs to
be dealt with;
· The day-to-day functions of the superintendent jobs should be focused more on
administrative and management functions instead of running daily operations and
programs;
· There should be balance between recreation and parks with a recreation
superintendent;
· The two superintendent positions should be established and the two people in those
positions should work closely together as a team to ensure that the work is well
coordinated and communicated;
· City Hall in the Mall organization and supervision should be looked at.
Systems
The Department has a full contingent of systems used to support work being done. Several
of the systems were recognized as important and useful worthy of being maintained. Some
new systems were identified that could improve efficiencies and improvement of existing
systems were also recognized:
· The Department's Walk A Mile In My Shoes employee shadowing initiative was
perceived as very positive and should be maintained;
· The Get To Know You questionnaire used to collect and communicate job related and
non-job related facts about the staff was also seen as a very positive tool to use and
communicate with staff;
· The Department's Employee Recognition Program is very well received and should
not only be continued but also used more aggressively by managers and staff;
· The Department Administrative Policy Manual (APM) is currently being developed
and should be completed which will be very useful to all Depart----+ ~___1~.._~_.
· One area for improvement is to address the way employees are
spent during facility rentals and related events;
· The Department needs better monitoring and communication concerning emergency
procedures and equipment;
· Ensure a smooth transition in John's departure;
City of Boynton Beach Recreation and Parks Department
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48
· Use the accreditation process as a way to integrate more consistent decision-making
and standard processes;
· Make sure that operations are consistent with the "rulebook" and the City's Core
Values;
· Develop better clarity on guidelines of operations;
· May need to restructure work schedules to meet changing demands;
· Periodically meet with Public Works (Jeff) to coordinate right of way maintenance
and parks maintenance;
· Develop a process for periodic review to make sure the Department is meeting the
internal needs of the City and the external needs of the residents;
· While communication channels do exist between management and staff, such as the
Planning Team, manager's meetings and staff meetings, these venues could be used
more effectively to ensure that staff is kept aware of important activities in the
Department;
· One suggestion was to survey the staff on what they want to hear at staff meetings;
· Another suggestion was to put the more administrative items in email instead of
spending excessive amounts of time on these items during staff meetings.
Skills
The technical and safety skills of the Department staff were recognized as very good and
should be maintained. Several skill areas were identified as needing improvement in the
areas of supervision and communication:
· Recognition of the importance of having the beach staff certified through the U.S.
Life Saving Association;
· Provide training and development opportunities on running efficient meetings.
· The need to continue to require that all fulltime supervisory employees attain
professional certification;
· The area of management and supervisory basic skills development was recognized as
being important;
· Upper level staff should be encouraged to attend out of state training without any
travel restrictions.
Culture
The culture of the Department was generally recognized as a positive and supportive place to
work with a solid work ethic. There were also areas identified that could be addressed to
make the work environment more positive. These included:
· Increasing effective communications between management and staff;
· Better integrating the cultures of the recreation, parks and transportation staff; and
· Better using staffs time during the numerous meetings that take place.
The following comments were received related to culture of the Department:
· The Department has a motivated and engaged staff;
· There is good cohesiveness of the Department staff;
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
49
j~C that the Department integrates the City's Core Values in the day-to-day
,lions of staff;
· ,Ignize specific case studies of real life situations of how the Values are being
'I) Jl cd by the Department staff;
· (ontinue to hold the various Departmental meetings but have a variety of staff
faei litate the meetings, minimize lecture and promote more active participation, and
ensure that they are held when they are scheduled;
· It is not necessary for the Director to attend the staff meetings; others can facilitate
those meetings.
City of Boynto;' Beach Recreation and Parks Department
Strategic Master Plan
50
Recreation and Parks Strategic Plan
Organizational Structure
Interview Summary with Planning Team
November 17, 2004 2:00pm-3:00pm
1. What aspects of the City's Recreation and Parks Department are working well
and should be maintained?
. Communication in the tennis area
. The meeting in February of this year was good
. Employee of the Month - Star Players
. Humorous recognition of staff
· Getting a new Parks Superintendent and some new procedures may need to be
implemented
· The scopelmission of the Department in providing services to the citizens of
the City; the number and variety of programs offered
2. What specific actions can be taken to ensure that these behaviors/practices are
continued?
. See notes above
3. Are there any issues in the Recreation and Parks Department that you want
addressed or improved, possibly related to and, if so, how can they be improved?
o Span of control
o Employee developmentltraining
o Supervision
o Communication
o Organizational structure
. The organizational structure
. No room for promotion
· Part time workers do not receive the same pay increases as full time
employees; there are approximately 40 part timers and 60 full timers
· City is pushing Core Values on all employees
· Part time employees don't receive the same benefits as full time employees
· Always a battle at the larger scale City-wide; employees vs. the City;
sometimes related to the Union
· Some of the things affecting the Department are external and not under the
control of the Department
· Recreation Specialist positions do not get overtime
· Department gets the least amount of overtime compared with other
departments
· Department philosophy is to minimize overtime to save money
· There is a need to plan for staffing needs when planning new facilities
· Attrition has resulted in vacancies that never get filled
4. Does the Recreation and Parks Department have systems, processes or
equipment that needs improvement to help them do their jobs better?
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
51
. The performance evaluation system needs some improvements
. Everyone get the same raises - no pay for performance
. Union and City disagreed and compromised to give same increases
. The top two levels are unattainable
. Honest reviews are revised to meet predetermined scales
. Set amount of money for the Department for increases - the validity of this
statement should be investigated
. HR is changing the process and there is some concern that it might not be an
improvement
. The Department standards are too complex and detailed - hard for everyone to
understand; simplify the system
. Some wanted to get rid of the entire system
. Some wanted a standard cost of living increase with no relationship to the
evaluations
. Some felt it was not the criteria but the way they were being applied was the
problem
. The evaluations should focus on how the employees are to improve and how
to improve communication between the supervisor and employee
. Some people felt that the money part should be a part of the evaluation
process - pay for performance - get more of a raise for doing a better job
removed from the evaluation process
. Training should be provided to the supervisors to help them know how to give
feedback to employees
. It was recognized that the employees can change the evaluation criteria used
in the Department evaluations
5. Is there anything else you would like to tell me about the organization of the
Recreation and Parks Department that can help them become even more
successful?
. The chain of command and organization works well overall
. They felt as though they had a great Department
. The also felt that they provide great service to the City
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
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GoalS
Objective 5.1
SYSTEM
Policy 5.1.1
Appendix B
City of Boynton Beach
Recreation & Open Space Element
Goals, Objectives and Policies
To create and maintain an interconnected system of aesthetically
pleasing, functional, and well-maintained parks, pedestrianl
bikeways, greenways, blueways and natural areas that will
adequately serve the needs of the current and future residents of
the City of Boynton Beach, including seasonal visitors, and special
groups such as the elderly and handicapped.
The City shall also continue to provide a variety of high quality
parks and recreation related programs for all residents.
ESTABLISHING THE PARKS AND RECREATION
The City shall provide a system of park sites with a variety of both user-
oriented and resource based facilities and recreational programs to serve the
needs of current and future City residents consistent with the Strategic Plan,
dated September 2005 as defined in the Technical Support Documentation.
Elements of the system shall include:
. Urban Open I Civic Spaces
. Neighborhood Parks
. Community Parks
. Special use Facilities
. Water I Beach Access
. Greenways I Bikeways I Trails
. Conservation Lands
. Regional Parks
. Schools I School Parks
. Private Recreational Facilities
. Art in Parks and other Public Spaces
Park Adequacy
The City shall continue to assess park adequacy, future facility needs, and
user preferences and willingness to pay through, at a minimum, the
following methods:
A. Input from the City's Parks and Recreation Advisory Board,
special interest groups, and public meetings, solicited biannually;
and
B. Park surveys conducted on a five-year basis.
City of Boynton Beach Recreation and Parks Department
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Policy 5.1.2 City Programs
The City shall continue to provide a variety of parks and recreation
programs for its residents, including the City's baseball, softball, and soccer
programs, and other programs for tennis, racquetball, and other activities as
needed.
Policy 5.1.3 Art in Public Spaces
The City shall endeavor to incorporate art in all parks and public spaces
throughout the City in order to implement the Art in Public Spaces program.
Objective 5.2 ACCESSIBILITY
The City shall ensure adequate and safe public access to all existing and
future City parks, recreational facilities, and local waterways. This effort
shall include vehicular, pedestrian, trail, bicycle, and handicapped access
and shall continue to improve and increase access to parks and recreational
facilities, where available space exists, by providing adequate automobile
parking, bike rack facilities, and handicap access to all existing and planned,
neighborhood and district parks operated by the City.
Policy 5.2.1 Automobile Parking and Bike Rack Facilities for Parks
The City shall continue to provide bike rack facilities within all parks
developed after the adoption of this Plan.
Policy 5.2.2 Automobile Parking and Bike Rack Facilities for Existing Parks
The City shall continue to provide bike rack facilities within all existing
neighborhood and district parks. Facilities shall be monitored as part of the
on-going maintenance effort and deficiencies corrected within 18 months of
the plan adoption. Private sponsorship of bike racks will be explored if City
funding is inadequate.
Policy 5.2.3 Barrier-Free Access in Neighborhood and District Parks
The City shall continue to examine the extent of barrier-free access within
neighborhood and district parks, and deficiencies will be addressed in a
Strategic Plan that sets the phasing and funding.
Policy 5.2.4 Retrofit of Barrier-Free Design
The City shall adopt the land development regulations to require that all
future parks, and applicable facilities, include barrier-free design for the
handicapped to be retrofitted, if funds are available, at a rate of three parks
per year.
Policy 5.2.5 Shuttle Service
The City shall continue to provide, contingent upon assistanceor support
from County and/or the Community Redevelopment Agency, a shuttle
service for patrons of beach front parks.
Policy 5.2.7 Park Access
The City shall ensure that future park sites and facility improvements
provide for accessibility of park sites and recreational facilities to
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
54
Policy 5.2.8
Policy 5.2.9
handicapped users and shall ensure the adequate provision of vehicular,
bicycle, and pedestrian access ways.
Parks System Interconnectivity
Through the development of the City Greenway and Bikeway Master Plan,
approved in August 2004, the City shall promote safe, interconnected
pedestrian linkages for its parks and recreation network through provision of
greenways, trails, sidewalks, bike paths and bike lanes, where appropriate,
to connect each of the City's individual parks and facilities with schools,
where feasible, to provide residents with access to the City's parks and
schools systems.
Recreation Newsletter/Brochure
The City shall continue to produce and distribute informational newsletters
and periodic brochures that describe the City's park and recreation facilities
and programs.
Policy 5.2.10 Lighting
The City shall increase access to parks and recreation facilities by providing
lighting, or plan for the provision of lighting through project phasing, for all
future active-recreation facilities. The lighting design shall minimize impact
on adjacent residents and shall be compatible with adjacent property owners.
Objective 5.3 LEVEL OF SERVICE STANDARDS
The City shall establish and enforce standards and programs to ensure the
acquisition and development of park sites and recreational facilities
sufficient to meet current and future demands. The City shall also ensure
additional public access to recreation sites by providing parks and recreation
facilities using, in part, current population data and projections, and
implementing the improvements outlined in Exhibit 2, Proposed
Improvements to the Parks and Recreation System, included in the
Technical Support Documentation
Policy 5.3.1 Levels of Service: Park Acreage
The City shall adopt and maintain a level of service of2.5 acres of
developed parkland per 1,000 residents.
Policy 5.3.2 Advisory Levels of Service: Recreation facilities
The following are advisory level of service standards for the recreation
facilities:
· Baseball/Soft, Youth - 1 per 15,000 persons,
· Baseball, Reg. - 1 per 25,000 persons,
· Basketball Courts - I per 4,000 persons,
· Community Center (1) - I per 25,000 persons,
· Fitness Trail (2) - 1 per 30,000 persons,
· Football/Soccer Fields - 1 per 40,000 persons,
· Multipurpose Field - 1 per 10,000 persons,
· Racqetball Court - 1 per 10,000 persons,
· Picnic Areas - 1 per 3,000 persons,
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
55
Policy 5.3.3
Policy 5.3.4
Policy 5.3.5
. Playgrounds - 1 per 4,000 persons,
. Shuffleboard Court - 1 per 5,000 persons,
. Pool (3) - 1 per 40,000 persons,
. Tennis Court - 1 per 2,000 persons,
. Bocce Court - 1 per 25,000 persons,
. Volleyball Court - 1 per 15,000 persons, and
· Skate Park - 1 per 65,000 persons.
Advisory Service Standards
The City shall establish" Service Standards" to provide a framework of
ideal standards and classification for its Parks and Recreation System. These
standards are not part of the City's adopted level of service and are utilized
only as a guide for land acquisition and facility provision. They are
established as part of the City's goal for setting service standards for an
"Ideal City Parks System" to meet residents' parks and recreation needs.
Elements of the system include:
A. Developed Active Parks and Open Space (Measured by LOS):
GOAL: Neighborhood/ School Parks - ~ - 1 mile from
every resident
GOAL: Community Parks - 25 - 40 acres, 25%
preserved for open space, 3 miles from every resident
GOAL: Community Centers - minimum of 10,000
square feet; 3 miles from every resident
GOAL: Special Use Facilities (dog parks, sports
complexes, etc), 3 miles from every resident
B. Undeveloped Parks, Passive Parks and Open Space
In addition, the City shall set the following nomenclature for
undeveloped/passive parks and open space: Urban Open/Civic
Spaces; WaterIBeach Access; Greenways/Bikeways/Trails;
Regional Parks; Historical Sites; and Conservation Lands as
identified on the Future Parks and Recreation System Map in
the Strategic Plan .
Level of Service for Annexation Areas
For areas to be annexed, which are platted, developed, under development,
or have approved development plans in Palm Beach County, the level of
service at time of annexation shall be assumed to be that created by existing
park facilities serving the area.
Development of New Facilities
The City shall pursue the development of facilities consistent with Exhibit 1,
Future Parks and Recreation System Map, and Exhibit 2, Proposed Parks
and Recreation System Improvements, included in the Strategic Plan,which
shall be updated biennially.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
56
Objective 5.4 COORDINATION OF FACILITY PROVISON BY PUBLIC
AND PRIVATE ENTITIES
The City shall maximize the use of public and private resources in the
provision of recreational facilities to meet current and future demands.
Policy 504.1 The City shall require the provision of recreation facilities and open space by
public agencies and private developers
Policy 504.2 City shall ensure that future private, as well as dedicated areas, are developed
to meet identified needs of residents and address geographic deficiencies.
Policy 504.3 School Facility Joint-Use
The City shall continue, through its interlocal agreement, to evaluate the
opportunities for the joint use of existing public school and City recreational
facilities and, as new public schools are planned, shall coordinate with the
Palm Beach County School Board on the location and design of future joint
use recreational sites.
Policy 50404 Private Facility Use
The City shall continue to permit agreements and cooperate with private
recreational organizations for use of City parks and facilities in order to
provide a variety of recreational programs.
Policy 504.5 Private/Non-Profit Facility Use
The City shall continue to make parks and recreation facilities available to
private and non-profit groups for cultural programs, special events and
festivals, which serve the public interest.
Objective 5.6 TRAIL PROVISION
The City shall implement the approved Greenway and Bikeway Master Plan (August 2004)
to ensure safe access to park sites and shall evaluate available opportunities for the
acquisition and development of bikeltrail networks which will link park sites (including
pedestrian and bicycle trails).
Policy 5.6.1 Public Access Trail Provision
The City shall consider the construction of a network of pedestrian, bicycle,
recreational, and equestrian public access trails that connects to the County's
trail system. The intent of the network shall be to interconnect existing parks
and facilities and additional recreational facilities for pedestrian activities.
The City shall coordinate with the Metropolitan Planning Organization,
Florida Department of Transportation, Palm Beach County and other
appropriate agencies to study and implement options for coordinated
provision of an interconnected trail network.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
57
Policy 5.6.2 Recreational Trail Development
The City shall apply for grants and other funds for trail development from the
Florida Department of Environmental Protection, other sources of government
and private grants, and possibly voter-based referenda.
Policy 5.6.3 Road/Bike Lane Provision
The City shall continue to evaluate and amend, if necessary, the Land
Development regulations and public road design standards for bike paths and/or
lanes in conjunction with roadway design and improvements.
Policy 5.6.4 Florida TrailIRails to Trails
The City shall coordinate with the Florida Trail Association, the Rails to Trails
Conservancy, the Florida Department of Environmental Protection Office of
Greenways and Trails and other organizations involved in the acquisition and
development of trail systems within Palm Beach County.
Objective 5.7 FUNDING OF THE ACQUISITION AND DEVELOPMENT OF
PARKS AND OPEN SPACE
The City shall continue to fund the acquisition and development of parks, open
space and recreational facilities through the use of a variety of funding sources
such as the general fund, developer commitments, grants, bonds, user fees, and
impact fees.
Policy 5.7.1 Recreational Impact Fees
The City shall review the City's Recreation Impact Fee regulations biannually in
order to assure that new development contributes its proportional share of the cost
to expand recreation facilities.
Policy 5.7.2 Endangered and Recreation Lands Fund
The City shall continue to submit to the County Conservation Land Acquisition
Selection Committee (CLASC) areas to be acquired through the County's
conservation land acquisition program.
Policy 5.7.3 Recreation Grants
The City shall continue to pursue State and Federal Grants for the acquisition
and development of recreational and open space lands and facilities.
Policy 5.7.4 Donation/Matching Funding
The City shall continue to pursue donations of land and matching funds to
secure grants for the acquisition and development of park sites and facilities.
Policy 5.7.5 User Fees
The City shall continue to apply the concept of user fees to offset the cost of
certain facilities where appropriate.
Policy 5.7.6 Bond Referendum
The City shall evaluate a bond issue to generate additional parkland, trails, and
open space funds to meet needs, if approved by a public referendum.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
58
Policy 5.7.7 Notwithstanding rules and regulations governing the use of lands acquired
through dedication or other means, city-owned parkland or property dedicated
for recreationallpark use should only be sold or converted for alternative use if
supported by current needs and demand analysis, is not listed for future
development in the Strategic Plan or Capital Improvements Program, and if
deemed necessary to further other goals or objectives as supported by current
action of the City Commission.
Objective 5.8 OPEN SPACE PRESERVATION
The City shall develop a system of open spaces through the preservation and/or acquisition of
significant lands, native habitat, and habitat of endangered, threatened and species of special
concern.
Policy 5.8.1 NaturallEnvironmental Land Preservation
Natural areas shall be preservedto the extent possible in accordance with
preservation policies in the Conservation Element and Support Document.
Policy 5.8.2 NaturallEnvironmental Land Acquisition Programs
The City shall coordinate with the Florida Department of Environmental
Protection and all other appropriate agencies to establish and revise regulations
and programs for the acquisition of natural/environmental lands.
Policy 5.8.3 Passive Recreation Space
The City shall incorporate natural open space, especially wetlands and areas
unsuitable for development into neighborhood and community parks, as passive
recreation space.
Policy 5.8.4 Open Space in New, Non-Residential Projects
The City shall encourage the incorporation of open space into all new non-
residential projects, in addition to any environmentally sensitive areas preserved.
Policy 5.8.5 Agency Coordination
The City shall work in conjunction with the State of Florida, the South Florida
Water Management District, the Nature Conservancy, the Trust for Public
Lands, and other appropriate agencies involved in conservation lands to create a
citywide open space system and a greenwaysltrails/blueways system.
City of Boynton Beach Recreation and Parks Department
Strategic Master Plan
59
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to 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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) r8l March 21, 2006 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
o
o
Legal
Un[mished Business
Presentation
III. C. Presentations
RECOMMENDATION: Presentation by Risk Management Department of two Awards received from the Safety Council
of Palm Beach County.
EXPLANATION: The City of Boynton Beach has been honored by the Safety Council of Palm Beach County every year
since 1998 with various safety awards. The 2006 A wards are an Excellence in Safety A ward for Worker Safety, and a Special
Recognition A ward for Carpal Tunnel Program.
PROGRAM IMP ACT: These awards identifY the City of Boynton Beach has having best practices in safety programs in
Palm Beach County.
FISCAL IMPACT: These awards represent significant fiscal savings in the City's Risk Management Program.
ALTERNATIVES: Not Applicable.
~ Head', Signature
J ,
RISK MANAGEMENT
Department Name
City Attorney / Finance / Human Resources
RMlWP/Safety/2006 Safety Awards.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACI
AGENDA ITEM REQUEST FO~u
VI.-CONSENT AGENDA
ITEM 8.1
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3,2006 (Noon) [gI March 21, 2006 March 6,2006 (Noon)
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
RECOMMENDATION: Motion to approve the piggy-back of the CITY OF WEST PALM BEACH, BID#03/04-06, to
Florida Highway Products, Inc. for the Micro-surfacing of Roadways in the estimated amount of$ 266,018.00 plus a
project contingency of 5% for $8,982.00 in case the crack-fill and leveling estimates are low.
EXPLANATION: Procurement Services received a request from the Public Works DepartmentJEngineering Division
to "piggy-back" the City of West Palm Beach, Bid#03/04-06 to utilize Florida Highway Products, Inc. for the purpose
of micro-surfacing roadways. This will assist in the repairs of deteriorating roadways throughout the City. All City
streets have been evaluated and their condition rated. The worst streets have been identified for immediate repair.
Procurement Services requests Commission's review, evaluation and approval.
FISCAL IMPACT:
,-' .,
Account Description:
Street Improvements
Account#:
302-4905-580-63-08
Expenditure':",
$275,000.00..-:::"::-
~
Procurement Services
'~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: George Mantell - Engineering Project Manager
File
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-033
TO:
Mary Munro
Assistant to the Finance Director
Financial Services Department
RECEIVED
MAR - 3 2006
PROC~T SERVICES
FROM:
George Mantell @
Project Manager
Public Works DepartmentlEngineering Division
DATE:
March 3, 2006
RE:
Request for Contract Services for Microsurfacing
Proposal from Florida Highway Products, Inc.
Please proceed with preparing a purchase order for the above microsurfacing services by "piggy-backing"
onto the City of West Palm Beach's contract with Florida Highway Products, Inc. Their proposal is for
$266,018.00. Suggest P.O. for $275,000.00 to provide close to 5% contingency in case the crack-fill and
leveling estimates are low.
This project has been initiated by Department of Public W orkslEngineering Division to address repairs of
deteriorating roadways throughout the City. All streets have been evaluated and their condition rated.
The worst streets have been identified for immediate repair.
Should you have any questions or require additional information, please feel free to contact me at ext.
6990.
GMlck
Attachments: Florida Highway Products, Inc. Proposal
Microsurfacing Contract wi West Palm Beach
Certificate of Insurance
XC:
Jeffery Livergood, Director of Public Works
H. David Kelley, Jr., City Engineer
David Stump, Project Manager
S:\Engineering\Csd\Projects\Microsurfacing 2006\Memo to Finance 3-3-06, re - Florida Highway Projects, me. Proposal.doc
Feb 27 06 05:08p
Bob
5617476186
p.2
Florida Highway Products, Inc.
P.O. Box 928 · Bartow. FL 33831
3900 us Highway 17 N. · Bartow, FL 33830
(863) 533-7881 · FAX: (863) 53~4404
George Mantell, Project Manager
Public WorkslEngineering Division
City of Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box 3JO
Boynton Beach, FL. 33435
Re: Double Course Micro-Surtacing and Cmck-FiUing Various Roads throughout the City for
the 200512006 Budget Year.
Dc-v Georgc;
Per your request. Florida Highway Products Jne. (FlIP) and Myself are pleased to submit a
proposal to Crack-Fill, and place a double course of Micro-Surfacing on various roads
throughout thc City. This work would be perfonned utilizing the current City of West Palm
Bcach Annual Micro-Surfacing Contr~t #03/04-06. The current contract unit pricing has been
amended and approved by the City OfWe.-.1 Palm Beach in January of2006. The proposed roads
listed below have been measured for quantities and location by you and myself last w'--ek. If" the
proposal is approved, I will need 5 or 6 maps to give the crews to perform the work.
ProPO!;ed lAK:ation" and Quantiti~:
l)Potter Rd. From Federal Hwy. To Dead End - I.083sy = _________________
2) Oak St. From Fedeml Hwy. To Dead End - ] ,535sy = _________________________
3) New Palm Way From J.ake St. To Oak S1. - 490sy = ________________~____~
4) NE 15th PL. From Federal Hwy. To End - 2.185sy..:::; ___________________________
a) Cul-de-sac - 531sy @ $3.89/sy -= _________________________________
5) NE 5th Ave. From Scacrest to NE 1st St. - I ,513sy = _____________________________
6) NW 12th Ave. From NW 3rd St. To NW Sill S1. - 3.732sy = ________________
7) NW 13lh Ave. From NW 3rd 81. To NW 51h 81. _ 3.1 99sy = ______________________
a) CuI-de-sac - 559sy @ $3.8~'Y:; ____-__________________________________
8) NW 8lh Ave. From NW 2nd St. To NW 3rd St. - 2,765sy "" ______________________
9) NW 5lh St. From NW 41h Ave. To NW 8th Ave. - 3,] 9851 = ______________
10) NW 61h Ave. From Seacrest To NW 5th 81. - 5.797sy = _________________________~
II) NW 1 st St. From GatewdY Blvd. To NW 1911I A vc. _ 2.729sy = _______________
12) SE 20lh Ct. From Fcxk-raJ Hwy. To SE~tb St. - 1.500sy = _____________________
13) SE 4lh St. From SE 21lit Ave. To Dead End - 1,21651 = ____________________
14) West Ocean Ave. From 8W; .81. To SW 6th St.- 2.852sy = __________________
15) SW 111I Ave. From SW Sth St. To SW 611l S1. - 3,248sy = ___________________
16) West Ocean Or. FriJlffSW 6th St. To SW 7th St. - 3,470sy - __________________
17) SE 6th A vc. From SE 411I St. To SE 2"" St. - 1,8) 4sy = ________________-_____
WWW.fIoridahighway.(:om
Ematl: Admin@FJOrldaHlghway.net
$ 3,249.00
4~605.00
1.470.00
6.555.00
2,066.00
4,539.00>
11.196.00
9.597.00
2, J 75.00
S,295.OQ
9;.594.00
17.391.00
8,187.00
4,500.00'
~,648.00
8'S56~OO
9.744.00
10,410.<>0:#
5.442:00~
Feb 27 06 05:08p
Bob
5617476186
p.3
February 27, 2006
City of Boynton Beach
Micro-Surfacing
Page 2
18) 8E 3n.1 81. From SE 12th Ave. To SE 6111 Ave. - S.314sy"" -------- $15;942.00
19) NW 9lh St. From NW 13th Ave. To Dead End - 2.765sy:::: ------------------ Sa9S'.OO
20) SE 2nd St. From 23rd Ave. To SE 21!\l Ave. - 1,606sy:::: -------------------- .;f,l".OO
21) SE 21M Ave. From Scacrest Blvd. To Dead End - l,629sy = ---------------- 4;887c.00
22) Cedar Dr. From Meadows Blvd. To Cedar Cu. - 394sy :::; ---------------- 1,182.00
23) Cedar Cir. From Cedar Dr. To Cedar Dr. - 7,S02sy:::: ---------------------- 22.506.00
24) Cedar Ln. From Cedar Cir. To Cedar Cir. - 2,442sy = ------------------- 7,326.00
25) Cedar Pi. From Cedar Cir. To Cedar Ln. - 597sy :::: ---------------------- 1.791.00
Tobl Double Coune Mkro-Surfacing@$3.00/sy= M~ $ t93,7ZS.00
Total Do...ble (:oune Miero-Surfadng Col-de-58e (fit $..'l.89/sy = -- $ 4,241.00
E5timated Cr8ek.FiIliD~ - 3,075 ~l ~ $12.821gal ;::: . .... , M . ., A ... $ 39,422.00
Estimated Leveling. 132 tons@ $198.71/too:;:: n $ 26,230.00
Mobili7.arion == A $ 2.400.00
TOTAL BID PROPOSAL
$ 266.018.00
Suggest P.O. for $275,000.00 to provide close to 5% Contingency in ca..<>e the Crack-Fill and
Leveling estiImltes are low.
Florida Highway Product<;, and Mysel f would like to take this opportunity to thank you and your
City fOr allowing us to ]X--rform your pavement maintenance needs. If you have any questions or
concerns, please contact me at your earliest convenience at 561-719-1225.
~~
BOb Patty. R~anager, FHP
cc: Robert Maggard. Vice President. FliP
John C. Depp. Regional Manager Consultant, FHP
FHP file
Feb 27 06 05:08p
Bob
5617476186
p.4
^MI{:N))MI'~NT NO.2 TO TIIF.
ANNUAL MICROSUIU'ACING CONTRACT
Scaled Bid No. 03/04-06
'11 lIS AMENDMENT NO. 2 TO THE ANNUAL MICROSURFACING CONTRACT
("Amcnument No.2") is entered into by and between the CITY OJ!' W"~ST PALM 8Jt~ACH
("City") and FI,OIUDA HIGHWAY PRODUCTS, INC., a Florida corporation, located at 3900
U.S. Highway 17 North, P.O. Box 928. Bartow, Florida, 3383) ("Contractor").
WI lEREAS, the City entered into the Ann\Jc11 Microsurfacing Contract, dated February 25,
2004 (tbe "Contrclct"), with the Contractor for the purposc offumishing an labor, tools, vehicles and
sIJpplies necessary fi)r performing a variety of roadway micro~urfacjng projects within the
jurisdictional limits of the City of West "aIm Beach; and
WHEREAS, the Contract provides that it may be renewed l()r three additional twelvcmonth
pcriods; and
WHEREAS, by Amendment No. I, the Contract was renewed Jor the Jirst additional twelve
(12) month term~ and
WHEREAS. the City wishes to rencw the Contract for a second additional twelve ( 12) month
lenn; and
WHEREAS, due to the dmmatic incrca~ il} co~ts rclated to road work, Conlr'dcLor requested
an adjustment to the schedule of bid item prices ill accordance with the Producer's Priee Tndcx for
Highway and Street Construction;
AGJ~EF.MIi:Nl'
In consideration of the Jhregojng recitals, the mutual covcnant.~ conlained hcrein, and for
other good and valuable consideration, the reccipt and suJliciency of which ~lrc hereby
acknowledged, the Contmctor <lnd the City herehy agree as JoUows:
1. Recitals. The Contractor and the City hereby acknowledge and agree that the recitals sct
l()rth in this AJm;ndment No.2 arc {rue and correct in their entirety.
2. Contract. All "clcrcnccs to "Contract" shaH Incan the tcnns and conditions contained in the
Annual Micto:mrlacing Contract. dated February 25, 2004, as amended hy Amcndl11cnt No.1 and
this Amcndment.
3. ~ The term of thc Contract shall be extended Jor a sccomJ twelve (12) month term,
expiring li'ebruarv 24. 2007 (<<Third Annual Tcnn").
4. Sc.'bcdulc ofBjd Itcms-ll:xllihit4. Exhibit 4, the Schedule of Bid Items, shall IJC,II11cndcd
to rdlect thc prices shown 0/1 Il~};I)ibit 4-A, attached hereto and made a part hereof:
Flurid;, JIis;lway l'mdllCIS. hill,
Annual Micr')$urrll\;ing COl1trac;{.~.^md. No.2
122305
Feb 27 06 05:08p
Bob
5617476186
p.5
5. Compensation. The nnticipntcd value ofthis <;ontract fi.>r OlC Third Annual Term shall not
exceed: Five Huntircd Fifty Thousand and 00/100 Dollars ($500~000.OO). The City reserves the
right to increase or decrease thc anticipated value as necessary to meet actual requircments. The: City
docs not guarantee any minimum amount of work. or the extent of services required. It is understo~}d
and agreed that the City's obligation to pay undcr this Contract is contingent upon an annual
appropriation for i~ purposes by the City Commission. .
6. lUred of Amendment. Except to the extcnt the ConLract, as 1l1odiiied by Amendment No.1,
is further modified by this Amendment No. 2~ the tcrms and provisions of the Contract shall remain
unmodified and in iUlllorcc and effect.
7. Construction. In the event ofa conflict between the terms of the Contract, a.c; amended by
Amendment No.1, and the tenns ofthis Amendmcnt No. 2. the terms ofthis Amendment No.2 shall
govem and prevail.
TN WITNESS WHEREOF, thc Contractor and the City havc executed this Amendmcnt
No.2 as of the date and year written below.
CITY 014' Wl':ST I)ALM BEACH, It'LORIOA
A 1TEST:
City Clerk
By: ___--.---.----------.-.. .- ..-----_.--..--
Lois J. Frankel, Mayor
Dated:___..... __ .
__ ._.. ... ..._____, 2006.
F;\ulilil ie~\ngrccmcnl:;\l\I11CI,d\FII-Mj<;rl.l:;url:.Anld2 .tltlC
410.05-02085
CITY ATrORNEY'S OFFICE
Approved as to form
And legal suflicicncy
By:
Date:
WITNESS:
FLORIOA HIGHWAY PRODUCTS, INC.
lly:___l_/f.0 iL. ____
Print Name: .fYg$:~:.!.- I(APt:~L/.!.:;;:.' - ..-
Title: /'/''''r Q'-;'-r--f)rrr"'..-r _._n."U
Florida ttighWilY )'/"\)dll\;ll'. Inc,
AJlllUal Micm:!urfadng C()n(r~IS-^llltl. Nil. 2
122305
2
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5617476186
'...-.. '. .... ...-.. . ....-.....
p.6
EXHIBIT
I Lj--A
02/27/2005 15:14
LHO
8535334404
FLORIDA HIGHWAY PROD
PAGE 03/03
2/27/2008 3:44
PAGE 0021002
LMG
11ti. <21IIlic~ If =uteO II LiNt Mullllll JlIIIIf1lJ1<lC Gcclu 31"
, IllJdJ ;"'",,""" ,. II, Idocl IbDIll ~
C611Hletlta of TMI1n1_
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BMI)1
I'LORJDA HIOHW A Y PRo\)l.1CTS me
3900 us HWY.1. 7 N
BARTOW, ~. 33830
~llherty
~ Mutl.1aJ
Il, 01 the "1;1\0 (I,to QfllllI ctltdliO#I8, iIlallled by Ibo c........y IUXli:f lho ~II&) Iioted below, "., 1.......1100 ~cl bY lllo lilted p>1ia)'lizol) to .ubJolt'J 10 Ul d3tlIt ll!l'll\&, _It..,j_ IUEI ootrl\(""'" .,,:1
i'DDUhl1l(! IlltIu orUllldililm al_ _ot lit QIhcI: docImIaIlcWld. ftIt_1II wbich Ibk r.Cl1lftca1o mo- be dtllt<!.
ElIPir.tion Type Exolralion Detcls) I Po~ Nwnber{s} Limits ofLi8hiJilv
CooWtoouS'" , C....e"'B" *'forded lDIder we IIIW Dt Eml'loJ'en LiaWUty
I- the fDllowinR !liMe'"
e- Extended BodlI1lajury By Ac:cldent
X Pol1cy 1clm Esdi Accirl!lI
BodDy Injtlry By J)ise88e
P~lk:y Limit
W.ll'kCl'$ Compcd!i8lion BodDy Injury By DiNeQl;!
Ellm Person
0lllo1no06 TBJ "12]-091650-02'1 ('..enerllT A~cl!llfe-Otbeor than :prarllComplt.t~ O~rlltiol1!<
C<:nmlJ Ullbility $2,000,000
Iil Cllllms Made I ProductsfCcnnpleted Operlltlons Aggfc~t~
:li1 000 000
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fJertificotc lIo Idel': SUSAN RY4N
I\TTN: RISK M~NAGEMENT DEPJ>.I.UMEI'J" AutIlorized R.....e.entldve
CITY OF BOYNTON DE~Cfl
100 E. BOYNTON BEACH ST.,VO
PO BOX 310
BOYNTON, FL 33425-0310
DllbJ lamed: 021 27/ 2006 Prepored By: DG
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VI.-CONSENT AGENDA
ITEM B.2.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) ~ 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 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
.. ~~ -.--<
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RECOMMENDATION:
Motion to approve the purchase of the necessary audio equipment for the Commission Chambers from Troxell
Communications, Inc. in the amount of $3 I ,593 from Account #302-4101-580-64-02.
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EXPLANA TION:
The audio system continues to deteriorate at an alarming and frustrating rate in the chambers. Over the last several years, we
have encountered several equipment failures in the media room. Equipments such as video switchers, monitors, tuners,
microphones, receivers, converters, etc. have failed. Most of the equipment was installed 12-17 years ago by a vendor that is
no longer in business. The wiring does not reflect the current schematic to properly run the essential equipments. The list
below outlines a few of the operational issues and critical components that have failed and cannot be repaired.
*Two Panasonic BT-5702n 9 inch color monitors.
*Drop down screen in Chambers does not retract fully into place.
*Wireless microphone receiver in media room no longer compatible with existing equipment.
*Microphone mixers Model 5330 no longer fully adjustable causing low volume output. This results in low audible even
when Commissioners are sitting a few inches away from the microphone.
*Pan and Tilt camera will not pan pass the halfway point in the Chamber's. Gears inside the motor housing broke and cannot
be repaired due to the age of the equipment.
*Cassette player in media room no longer records.
* Audio switcher in media room has a bad power transformer and cannot be repaired due to age.
*Microphone channels 4 and 5 located in media room no longer work. We now use two backup channels. The podium
microphones will not be operational ifthe backup channels fail.
*Media room has no way of recording to DVD or Video editing taped Commission meetings ifrequested.
PROGRAM IMP ACT:
During the cable franchise renewal process with Adelphia and recognizing the need to operate the city's' Access Channel, we
identified several audio/video equipment that will address the upgrade of the media room equipment while obtaining the
essential equipment needed to broadcast quality programs. As part of our due diligence, we visited the City of West Palm
Beach, City of Boca, and The Village of Wellington to tour their broadcast facilities. These Municipalities have been
broadcasting public meetings for several years. Based on our findings and with Adelphia's recommendation, we have
compiled an extended list of equipment that will address the immediate audio issues in the chambers while integrating with
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
the video equipment needed to present quality presentation in the chambers and to broadcast high resolution programs via
the City's Access Channel 18.
FISCAL IMPACT:
Funding is available through....................................... Three quotes were received:
Professional Communications Systems $43,718.50 Exhibit A
Adelphia (The Lerro Corp) $5] ,851.00 Exhibit B
Troxell Communications, Inc. $31,593.00 Exhibit C
AL TERNA TIVES:
D~faudi
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stem in the Commission Chambers.
Information Technology Services
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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7860 Peters Road, F-l 04
Plantation, FL 3332,~
Phone 954472 9400 Fax 9~ l 424 6065
Confidential Quotation
Date
Quote #
01/03/06
FL 1Q2536
Prepared For:
Barry Brandenburg
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
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PCS is pleased to quote the following:
Qty Manufacturer Model #
Description
Ext. Price
Audio
2 Clear One 910-151-201 XAP400 8 Input 8 Output 4 Ch AEC mixer $2,897.75 $5,795.50
4 Clear One 910-151-150 XAPNet Ethernet Interface for XAP $407.95 $407.95
systems
5 12 AKG CK33 Hypercardiod Mic. Capsule $106.50 $1,278.00
6 12 AKG GN15 50 E 5 pin XLR 20" gooseneck with LED "Mute" $155.75 $1,869.00
indicator
7 2 AKG WMS4000/880 Handheld Wireless Mic. System $872.75 $1,745.50
8 AKG PS4000 Antenna Splitter $330.75 $330.75
J 2 AKG SRA2B Active Antenna $295.45 $590.90
10 AKG CU4000 Battery Charger $400.00 $400.00
11 4 AKG BP4000 Battery Pack $90.00 $360.00
12 10 Yamaha MS10111 Powered Miniture Monitor Speaker $146.75 $1,467.50
13 4 JBL Control 26CT Ceiling Speakers $114.00 $456.00
14 4 JBL Control White Surface Mount Speakers $176.00 $704.00
28CT -60-WH
15 1 Crown CTs 600 Lite 300 X 2 Channel Power Amp. $812.35 $812.35
16 1 Furman PM-811 Power Conditioner $182.00 $182.00
17 Middle Atlantic 5-14 14 SPACE (24 1/2") KD RACK FRAME, 20" $172.05 $172.05
DEEP
18 Middle Atlantic SP-5-14 PAIR OF SIDE PANELS, FITS 5-14, BLACK $96.25 $96.25
FINISH
19 Middle Atlantic DO-5-14 SOLID FRONT DOOR, FITS 5-14 $84.00 $84.00
20 Middle Atlantic ERK-4425 44 SPACE (77"), 25" DEEP STAND ALONE $431.40 $431.40
RACK WITH REAR DOOR, BLACK FINISH
21 Middle Atlantic ERK-RR44 44 SPACE (77") ERK REAR RAIL KIT $43.00 $43.00
Prices do not include shipping, handling charges or applicable sales tax.
Terms are COD or Upon Receipt with established account. PCS Terms and Conditions apply.
Advanced deposit may be required.
Special handling orders may warrant additional fees. Quoted prices valid for 30 days and subject to change.
Form #2 07/17/00
Page
~ Manufacturer I Model # ='
12 1 Middle Atlantic CBS-ERK-2E
Description
SKIRTED WHEELBASE, FITS 25" DEEP
ERK'S, INCLUDES CASTERS
I Unit Price I Ext. Price I
$98.75 $98.75
23
Middle Atlantic PD-915R
9 OUTLET, SINGLE 15 AMP CIRCUIT,
SURGE / SPIKE PROTECTED
RACKMOUNT POWER DISTRIBUTION
Project # 051 '3 En~i~eering, Installation, Materials, and ~~
Tralnlng_'.._
I Total $43,718.50 I
$56.10
$56.10
24
25
PCS
Your source for equipment sales, system integration, service and installation.
Thank You
Charles E. Ross
Regional Manager
Quote Acceptance
Signature
Date
Quote # FL 1 Q2536
Prices do not include shipping, handling charges or applicable sales tax.
Terms are COD or Upon Receipt with established account. PCS Terms and Conditions apply.
Advanced deposit may be required.
Special handling orders may warrant additional fees. Quoted prices valid for 30 days and subject to change.
Form #2 07/17/00
Page 2
/$/II;, 68 /3
Adelphi's Quote
The Lerro Corporation
QTY DESCRIPTION
1 KeyWest Technology MX 1-A VR-8 8X4 AudioNideo Router
1 KeyWestTechnology MX2 PRO Rack mount Digital Player
2 Sony DSR-25 DVCAM RECORDER for playback
1 Sony RMBRC Remote Control
1 Panasonic WJ-MX70 AN Mixer
1 Mackie 1604VLZ 16 Channel Audio Mixer
1 Crown D-75 Audio Amplifier
8 JBL Control 5 Speakers
4 JBL Wall mounts
1 Videotek VSG-21F Sync Generator Card
2 Videotek ADA-18F Audio DA
10 EN RE-20 Handheld Microphones
2 Telex FMR-70 VHF Wireless Microphones
1 Videotek APM-200 Audio Amp
1 Sabine GRQ-3101-U Graphic Q Series
5 Middle Atlantic U2 Shelves
3 Middle Atlantic three Gangeable Racks with Shelves
1 Project Management and CAD Drawings
1 Installation
Labor
Total
UNIT AMOUNT
$2,495
$2,495
$2,935
$1,235
$5,895
$899
$925
$249
$75
$995
$259
$475
$1250
$799
$1,249
$85
$2,750
$2,750
$2,495
$2,495
$5,870
$1,235
$5,895
$899
$925
$1,992
$300
$995
$777
$4,750
$2,500
$799
$1,249
$425
$8,250
$2,750
$19,800
$51,851
r~ {
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COMMUNICATIONS, INC.
Audi 0- Video'Sales'Des; gn.Service-/nSlall at; on
1111 0 West Oakland Park
#378
Sunrise, FL 33351
Phone
Fax
(800)578-8858
(800)589-5939
Barry Brandenburg
City of Boynton Beach
100 East Boynton Beach Boulevard
o
Boynton Beach, FL 33425
Quote Q66081701
Date 02/23/06
Terms Net 30
FOB Destination
Cust. # :
Expires 03/25/06
Dear Barry,
Thanks for the opportunity to provide you the following quotation:
AUDIO CONFERENCE SYSTEM
Item
Quantity
Unit Price
1
AKG AKGCS2
AKG CONFERENCING SYSTEM W/20" GOOSE & CK33 CAPSULE
***INCLUDES 10 STATION (2 CHAIR) SYSTEM & ALL CABLNG***
15385.00
Ex" Price I
15385.00
2 AKG AKGWMS4000/880 2 849.00 1698.00
MIC SYSTEM WIRELESS H/H
3 AKG AKGPS4000 360.00 360.00
Wide-band antenna multi-coupler (1-in 4-out), without power
4 AKG AKGPSU014000 109.00 109.00
Power supply for powering one PS4000
5 AKG AKGSRA2B 2 319.00 638.00
External directional active "paddle" antenna with amplifier
6 AKG AKGCU4000 429.00 429.00
Charging unit for HT4000, PT4000 - Includes 2 ea. BP4000 rec
7 AKG AKGBP4000 4 99.00 396.00
BP4000 Rechargeable battery for WMS 4000 transmitters
8 JBLJBLCONTROL26CT 4 129.00 516.00
SPEAKER CONTROL 26C W/TRANSFORMER
(page 1)
(Quote Q66081701 )
Item Quantity Unit Price Ext. Price I
9 JBL JBLCONTROL28TWH 4 199.00 796.00
SPEAKER, 70/100 VOLT WI MOUNT -WHITE
10 CRI CRICTS600 739.00 739.00
AMPLIFIER 300W-70V
11 FUR FURPM811 1 179.00 179.00
15 AMP SER \I PWR CONDITIONERS DUALMETER
12 MID MID514 1 223.00 223.00
RACK FRAME 14 SPACE 241/2" KD 20" DEEP
13 MID MIDSP514 123.00 123.00
SIDE PANELS FOR SLIM 5-14
14 MID MIDD0514 1 113.00 113.00
SOLID DOOR FOR SLIM 5-14
15 MID MIDERK4425 753.00 753.00
44SP/25D STANDALONE RACK
16 MID MIDERKRR44 73.00 73.00
44SP ERK REAR RAIL OPTION
17 MID MIDCBSERK25 143.00 143.00
CASTER BASE FOR NEW ERK 2
18 MID MIDPD915R 1 83.00 83.00
90UT,15A,RCKMNT POWER CEN
19 SNI SNIINST ALLCBBAS 6750.00 6750.00
INSTALL SERVICES FOR CITY OF BOYNTON BEACH AUDIO CONF
20 TCH TCHWP1016 500 0.80 400.00
16 GAGE WIRE PLENUM PER FT
(page 2)
(Ouote Q66081701 )
Item
21 JAA JAAINST ALLCBBAS
INSTALL OF CEILING MOUNTED SPEAKERS & SNI ASSIST
22 AGI AGI800BAC1 0
RACEWAY WIREMOLD CABLE 10'
23 SHU SHUSCM410
MIXER MICROPHONE 4-CHANNEL AUTOMATIC
Thank YoU.
f (f1~1
Ian Weingold
Account Executive
Quantity
2
Unit Price
950.00
39.00
659.00
Ext. price,
950.00
78.00
659.00
31593.00
(page 3)
Requested City Commission
Meeting Dates
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January ]7, 2006
NATURE OF
AGENDA ITEM
VI.-CONSENT AGENDA
ITEM 8.3.
CITY OF BOYNTON BEAf
AGENDA ITEM REQUEST FOKlVI
Date Fina] Form Must be Turned Requested City Commission
in to City Clerk's Office Meeting Dates
Date Fina] Form Must be Turned
in to City Clerk's Office
November ]4,2005 (Noon.) D February 7, 2006
December 5,2005 (Noon) D February 2], 2006
December ]9,2005 (Noon) D March 7, 2006
January 3, 2006 (Noon) [8J March 2],2006
January] 7,2006 (Noon)
February 6, 2006 (Noon)
February 2],2006 (Noon)
March 6,2006 (Noon)
D Administrative
[8J 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
~_.i _...~~
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RECOMMENDATION: A motion to approve a piggy-back of Palm Beach County contract #05569 with ~F
Construction, Inc. to install prefabricated replacement buildings at the Municipal Golf Course and d~inolisb ;.tbe
current three relief shelters and range shelter that were severely damaged by Hurricane Wilma with an ~en~tjte
of: $188472.00. --ci t,,:'
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EXPLANATION: Due to the extreme damage caused by Hurricane Wilma on the (3) three structures (reliefshell~s
and range shelter) it was determined to replace the existing structures with (3) bathroom shelters and a Driving Range
Shelter by utilizing the Palm Beach County contract#05569 for Pavilions, Shelters & Sheds. There were several
reasons for recommending pre-engineered DCA (State approved) structures to include all electrical, plumbing and
carpentry upgrades. They are ADA compliant with 150 mile wind load and meet all Miarni/Dade Building Codes.
The current buildings are frame construction, which are very susceptible to damage from weather and termites. The
new structures are steel-framed with upgraded hardi-board (cement) siding. Initially, a proposal was obtained from
CH2M Hill in November in the amount of $32,745.00 for the Architectural Engineering Services to replace these
buildings with like structures. This did not include any of the demolition/construction costs which were estimated at
$250,000.00. In the event that the Golf Course is ever redesigned, these new buildings will be able to be relocated on
site for far less money (approximately $15,000.00 each) than to rebuild frame structures.
PROGRAM IMAPCT: The demolition and reinstallation of Pre-fabricated structures at the Municipal Golf Course
due to the damage caused by Hurricane Wilma.
CCOUNT#:
11-2911-572-52-95
EXPENDITURE:
$188,472.00
Procurement Services
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Freda DeFosse - Manager of Golf Course Administration
File
Golf Course Memorandum #06003
To: Mary Munro, Budget Coordinator
From: Freda DeFosse, Mgr., Golf Administration
Date: March 3, 2006
Re: Shelter Replacement
RECEIVED
MAR - 3 2006
PROC~~~R~CES
---. -~-
Attached is a proposal from S & F Construction Inc. in the amount of $188,472.00 for
the demolition of the current three relief shelters and range shelter that were severely
damaged by Hurricane Wilma and the installation of pre-fabricated replacement
buildings.
This proposal is based on the Palm Beach County Annual Contract for Pavilions,
Shelters & Sheds, Project Number #05569.
All of these buildings are pre-engineered, DCA (State approved) structures including
all electrical, plumbing and carpentry upgrades. They are ADA compliant with
150MPH wind load and meet all Miami/Dade Building Codes.
There were a several reasons for recommending pre-engineered structures vs
rebuilding the existing frame structures.
#1 - The current buildings are frame construction, which are very susceptible to
damage from weather and termites. The new structures are steel-framed with
upgraded hardi-board (cement) siding.
#2 - We initially obtained a proposal from CH2M-HILL through the Engineering Dept.
in November in the amount of $32,745 just for the Architectural Engineering Services
to replace these buildings with like structures. This did not include any of the
demolition or construction costs which were estimated at $250,000.00.
#3 - In the event that the golf course is ever redesigned these new buildings will be
able to be relocated on site for far less money (approx. $15,000/ea.) than to rebuild
frame structures.
Account #411-2911-572-52-95 - Hurricane Wilma
1
2180 S.E. 1st Street. Boynton Beach, FL 33435. (561) 737-4175. Fax (561) 369-1445
2/28/06
The Links at Boynton Beach
8020 Jog Road
Boynton Beach, Fl. 33437
Re: Shelter Replacement
To: Freda De Fosse:
We are pleased to cost price your project as requested. We have included all
electrical, plumbing and carpentry upgrades to the DCA (state approved) pre-
engineered structures as discussed. As per our conversations, I will need from you an
aerial survey for permitting, city dumpsters for trash removal and asphalt connecting
sidewalks to the structures upon completion. Although we expect landscape repairs to
be minimal, no costs for new landscaping or repairs are included.l am packaging for
your purchasing department's use, a copy of our Palm Beach County contract, Award
letter and line itemed cost proposal.
Upon acceptance of contract and issuance of purchase order, we would stage delivery
of the shelters to be delivered one at a time and installed and finished independently so
as not to disrupt your operation. Your total estimate is based upon purchase of four
structures priced and totaled as follows:
(3) Bathroom shelters @ $51,924.30 ea. = $155,772.90 ./
(1) Driving range shelter @ $32,699.10 ea. = $32,699.10 ~...
Total = $188,472.00-4
Thank you for your inquiry and we look forward to working with you to complete your
project.
Ress~~cL
Jim Ford, President
2180 S.E. 1st Street. Boynton Beach, FL 33435. (561) 737-4175. Fax (561) 369-1445
Proposal Submitted to
Phone
Date
2/28/2006
100 E. Bo nton Beach Blvd.
City, State, and Zip Code
Comfort station re
Attn:
Bo nton Beach, FI. 33425 Freda De Fosse
We hereby submit specifications and estimates for:
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_ _ _ _ _ _ _ _ _ _ _ _ ~~~9:99_ ~_1: ~ 9_ _ _ ~ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ ~ _ _ _ _ ~ _ _ _ _ _ _ ~ _ _ _ _. _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. - - - - - - - ~_~~9:9_q - - - - - ~ - - - ~ --
-----------------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------------
We Propose hereby agree to furnish labor and materials- complete in accordance with the above specifications, for the sum of:
Fifty one thousand nine hundred twenty four and 30/100
dollars
($
51,924.30
'l
Payment to be made as follows:
Authorized
Signature
--- .......
~ ~ "" ~1L
(President)
50% upon delivery; balance upon completion
All agreements contingent upon strikes, accidents, or delays beyond our
control. Owner to carry fire tornado and other necessary insurance.
Our workers are fully covered by workers compensation insurance.
This proposal may be withdrawn Term contract to
by us if not accepted within 9/27/2006 days
~ cceptance of proposal - The above prices, specifications, and conditions
-fe satisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
Signature
Date of Acceptance
2180 S.E. 1st Street. Boynton Beach, FL 33435. (561) 737-4175. Fax (561) 369-1445
PR)f)Osal Submitted to
Phone
Date
561 742-6502
Job Name
2/28/2006
100 E. Bo nton Beach Blvd.
City, State, and Zip Code
Bo nton Beach, FI. 33425 Freda De Fosse
We hereby submit specifications and estimates for:
- -~~~-~~! _c:?!!~~C?! 5~_~~~_~)_!~!_p~~~I!~_~~! -~~~I~~_~_~~_~!!E!~_~=' ___ _ _ __ __ __ ___ _ ___ ____ _ n u _ mm _u _ u_ _ n_ _ _ _ _ _ _ __ _ _ _ m _ __ _ __ __ _ _ n _ _ _ __
-----------------------------------------------------------------------------------------------------------------------------------------------
- _1) !-:i!l_~ j~E;~ -~- (! ~~~-!?: - ~~!~! :>_~~~L -- -- - _u -- --_ - - _u - __ __ __ _ __ ___ _ _ _ _ _ _ __ _n ___ _ _ _ _ __ _ ___ _ _ _ _ ___ n _ n _ _ __ n _ n ~~~~:~ _ .-:.._ n _ _ _ __
- _ ?:~ !-J!l~ j!E;~ -~ _ (~!~~~~I_ ~~~)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ u _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __
A. Labor: 75 hrs. x $50 per hr. $3,750.00 ./
-----------------------------------------------------------------------------------------------------------------------------------------------
B. Materials: $3,897 X 1.10 (para 2.08 A) $4,286.70 y
-------------------------------------------------------------------------------------------------____a__a______________________________________
_ _ ~)~~I!~ _i!~!l:'_ ?~_ L~~rp.~!:'!~ _~~!~)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _. _ _ _ _ __
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------------~:-~~~E;~~J~;_~~!??_~~_!~!~_{e~!~_?;9~~~_________________________________________________________________~~~?:~_::~~______
_ _ ~:~~~I!~ _i!~!l:'_ ??J~J~!!1~i!lJL~~_~) _ _ _ _ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,_ _ _ _ _ _ __
- - - -- - - - - -- _r:.; -~~~<?~:- ~!!~~~~ ~-~~-p~~ ~!;m -- - - - - - u____ - - _n - - u__ - -_ __ _ _ _u _ _ _ _ _ __ m_ _ __ u_ _ _ _ __ __ __ _ _ m u _u_ _ --~~~~:9_q. _::~._ _m__
-------~:-~~~E;~~)~;_~?!~~_q~):)_qJP..~~~_~~q~~~__________________________________________________________________~~!~:~__~_______
_. ._!:i!l:e:j~E;~_~~______{~~~~~~_~)__________________________________________________________________________________________________________
------------~-~~~<?~~~?~~~~~~?-~~!-~!~---.-.------------------------------------------------------------------------~~~~?~:9"q_:~_______
------------~:-~~!E;~~J~;_~~!??_~~):)_qJP..~~~_~~q~~~__________________________________________________________________~~~~~~:~_~~_______
_ _?) ~~~t~) _ ~!l~~'!'!~!l! _<.P-~~~_?:Q~!) _ ___ _ __ _ _ ___ _ _ _ _____ __ _ __ _ _ ___ _ _ ___ _ _ _ __ _ _ ____ __ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ ___ __ _ _ __ _ _ _ _ _ ___ _ ______ __ _ __ _ __ ___ ____
------------~~-qg:g9_~_~:~9___________________________--------------________________________________________------------__~_~~9:~_~________
-_______a______________________________________________________________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------
We Propose hereby agree to furnish labor and materials- complete in accordance with the above specifications, for the sum of:
hirty two thousand six hundred ninety nine and 10/1 00
dollars
$
32,699.10
I
Payment to be made as follows:
50% upon delivery; balance upon completion
All agreements contingent upon strikes, accidents, or delays beyond our
control. Owner to carry fire tomado and other necessary insurance.
Our workers are fully covered by workers compensation insurance.
Authorized
Signature
(President)
This proposal may be withdrawn Term contract to
by us if not accepted within 9/27/2006 days
~ M~ptance of proposal - The above prices, specifications, and conditions
atisfactory and are hereby accepted. You are authorized to do the
work as specified. Payment will be made as outlined above.
Signature
Date of Acceptance
,---------
/,"'Cb -----
/~."~~'Yj~ q CO~\
!"..J ~.\
.~ ~J
',tt ... . I
\~t~~
S & F Construction, Inc.
2180 S.E. I st Street
Boynton Beach, FL 33435
August II, 2005
,"".cdities Development &
;--'l:.t-r;:,ticns Department
Subject: Annual Contract: Pavilions, Shelters and Sheds
Project #05569
,i\(),]ci. bl:lldin~
" '" t'~i..:r~. :-::. ~)3~tUr)-; i).i'1
: ) :2):)-O:2Ci;,
You are hereby advised that you are the lowest responsive, responsible bidder for
"Annual Contract: Pavilions, Shelters and Sheds", Project #05569, Palm Beach County,
resulting from your Total Bid of $452,207.60.
(>~'D:J ~~5).U:2UI
.~-\):nlfd{
II
Attached are six originals of Contract Documents for your execution. Each original
contains a contract which should not be removed from the folders. Execute all copies of
the Contract, making sure that all blanks and signatures are filled in, with the exception of
the Contract date. The date will be supplied by Palm Beach County upon its execution of
the Contract. Upon completion, return all six originals to Facilities Development &
Operations for execution by Palm Beach County.
P,dnl be~>.cJ1 Count\,
~>;;.d.(\.l 01 Count}
CUHlHtissioneJ'S
: J:I j, "..'
Additionally, you are to provide a Certificate of Insurance and five copies evidencing
insurance coverage and requirements indicated in "Instructions to Bidders", Item 5.2.5,
Insurance Requirements. Failure to fully supply all signatures and certificates can result
in unnecessary delay in award of the Contract.
C!I:l;:-rH
.; i l~>__)r) I
Additionally, you are to provide a Public Construction Bond and five copies evidencing
Bond Requirements indicated in "Instructions to Bidders", Item 5.2.4, Bond
Requirements. Failure to return in a timely manner can result in unnecessary delay in
award of the contract.
r ~ ) ;
Please be further advised that this Notice of Intent to A ward in no way obligates the
County and, until executed by Palm Beach County, this intent shall not be binding nor
create any legal remedies on behalf of your company.
County Adrninistrator
Your attention is directed to "Instructions for Bidders", Item 6.3-Award whereby
appropriate action will be taken in the event the Contracts are not executed within
fourteen (14) days.
I f you have any questions, please call me at 233~2055.
SincereIYe., """ , ~
@~0/(~'
Allan Dupee, Manager
Procurement & Project Implementation Group
c: Audrey Wolf, Director, Facilities Development & Operations
Chauncey Taylor II, Director, Facilities Services
Jim McNamara, Procurement & Project Implementation Group
All other bidders
j-qu,U UPPO;"! Ilr ;:)
,. i::c,'r'cfod {-,;jOt;
R2005 t871 stP272G5
CONTRACT DOCUMENTS
FOR
ANNUAL CONTRACT - PAVILIONS, SHELTERS & SHEDS
PALM BEACH COUNTY
PROJECT NUMBER: # 05569
CONTENTS
1. INVITATIONTOBID PAGE 3
2. INSTRUCTION TO BIDDERS PAGE 5
3. TECHNICAL SPECIFICATIONS PAGE 26
4. BID FORM AND A TT ACHMENTS PAGE 41
5. QUALIFICATION QUESTIONAIRE PAGE 48
6. CONTRACT PAGE 65
7. PUBLIC CONSTRUCTION BOND PAGE 67
8. FORM OF GUARANTEE PAGE 70
9. GENERAL CONDITIONS PAGE 71
10. APPENDIX A PAGE 98
2
INVITATION TO BID
Sealed Pre-Qualifications Bid Proposals from Qualified Contractors will be received by the Board
of County Commissioners, Palm Beach County, Florida, until 2:00 P .M.on Tuesday Aueust 9.2005
at the Palm Beach County Facilities Development and Operations Department at 3200 Belvedere
Road, Building 1169, West Palm Beach, Florida. The Bid Documents received by this time will be
publicly opened and read immediately thereafter.
The bids will be for furnishing work;Procurement and Construction of pre - Engineered pavilions,
shelters and sheds, on a fixed price,variable-quantitybasis. The specific magnitude of the work shall
be determined by individual work orders issued by Palm Beach County against this contract. It is
anticipated that this contract will be awarded for twelve (12) months and a not-to-exceed amount of
$400.000.00 and will include four (4) one year renewal options.
Annual Contract: Pavilions,Shelters and Sheds
# 05569
All 9011<iitions and reqllireIIlents for bid submission, c0l1siderCiti9ll., ~<i ClW<gg <l,.l"(;: GQI1tClig~<i ill. tl1e
Contract Documents. The Contract Documents will be available for inspection and purchase
beginning July 19,2005, and may be obtained at John Prince Park Lake Osborne Pavilion 4759
South Congress Avenue lake Worth, Florida.
A non-refundable service charge of$ 25.00 per set of plans and specifications is required. Checks
are to be made payable to "Board of County Commissioners Palm Beach County". Partial sets will
not be available.
The goal for SBE participation is 12-% and can be met through the use of any SBE certified by
Palm Beach County. This goal is a minimum and no rounding will be permitted.
At the time of bid submission each bidder, and all identified subcontractors, must be properly
certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the
purpose of performing the specified work.
Bid proposals must be submitted on the forms provided by Palm Beach County and accompanied
by a Bid Security in the form of a certified check, cashier's check, money order or a bid bond in favor
of Palm Beach County in the amount of not less than five percent (5%) ofthe bid price. A Public
Construction Bond (100%) will be required of the successful bidder within fourteen days of the
Notification from Owner. No Bid Security is required for contracts of less than $50,000. The Bid
Security and Public Construction Bond will be waived for contracts ofless than $200,000 provided
bidder complies with Palm Beach County Resolution R-89-1178 and Palm Beach County Policies
and Procedures relative to the Bond Waiver Program, copies of which may be obtained from the
Facilities Development and Operations Department.
3
PALM BEACH COUNTY
INSTRUCTIONS TO BIDDERS
PROJECT NO:05569
SECTION DESCRIPTIONS
1. DEFINITIONS
2. LICENSES, OCCUPATIONAL LICENSES, POLICY REGARDING
SUBCONTRACTORS
3. BIDDER'S REPRESENTATIONS
4. BIDDING DOCUMENTS
5. BIDDING PROCEDURE
5.3 SMALL BUSINESS ENTERPRISE PROGRAM
6. CONSIDERATION OF BIDS AND AWARD OF CONTRACT
7. TIME
8. PUBLIC BID DISCLOSURE COMPLIANCE
9. EARLY COMPLETION INCENTIVE
10. LIQUIDA TED DAMAGES
11. LOBBYING
12. LIVING WAGE
13. CRIMINAL HISTORY RECORD CHECKS
14. DEPARTMENT SPECIFIC INSTRUCTIONS
5
1.8 The term Contractor shall mean the person or entity who is the successful bidder and who
executes a contract with Palm Beach County and who is identified in the Contract and is referred to
throughout the Contract Documents. Contractor may mean the Contractor or his authorized
representative as the contract context requires.
1.9 The term County or Owner shall mean the Board of County Commissioners of Palm Beach
County, Florida.
1.10 The term Day or Days shall mean a calendar day or calendar days. A calendar day begins at
12:00:00 midnight and ends 24 hours later at 11 :59:59 p.m.
1.11 The term Department shall mean the Palm Beach County, Facilities Development and
Operations Department, 3200 Belvedere Road, Building 1169, West Palm Beach, Fl. 33406
Telephone No. (561) 233-0200.
1.12 A Lump Sum and Unit Price Bid is the sum stated in the Bid for which the Bidder offers to
perform the work described in the Bidding Documents containing lump sum and unit price work
items. For the purpose of determining the Base Bid amount on a Lump Sum and Unit Price Bid, the
unit price costs multiplied by the estimated quantities contained in the Bidding Documents and the
lump sum shall be added together.
1.13 Palm Beach County, is a political subdivision of the State of Florida, as represented by its
Board 0 f County Commissioners (hereinafter called "County"). Where the word "approval" is
mentioned, "approval" shall mean action by the Board of County Commissioners, or designated
representative.
1.14 The term Wark as used herein refers to the construction and services required by the Contract
Documents and includes all labor, materials, equipment, and services provided by the Contractor to
fulfill the Contractor's obligations.
2.0
Licenses, Occupational Licenses, Policy Regarding Subcontractors
2.1 Bidders and their proposed subcontractors of any tier shall be properly qualified and
licensed/certified by the appropriate authority as required by applicable Federal, State, or local law,
statute, rule, 0 r 0 rdinance, prior to the time of submission of the bid. Applicable registration,
certificate, or license numbers must be listed at the applicable places on the Bid Form. Any bid
which is submitted by a contractor who fails to comply with this section at the time the bid is
submitted, or which lists a subcontractor who is not in compliance with this section at the time the
bid is submitted, will be rejected as non-responsive.
2.2 The Contractor, subcontractors of any tier, and speciality contractors must have a valid Palm
Beach County occupational license at the time of bid submission, except where provisions ofF.s.
205.065 apply.
7
3.1.3 Bidder assumes responsibility for having detennined to its satisfaction, prior to the
submission of its Bid, all relevant physical conditions at the project site, the types and quantity of
materials to be encountered, the character of equipment and facilities needed preliminary to and during
the execution of the Work, the general and local conditions and all other matters which can in any way
affect the Work of this Project. The prices established for the Work to be done will reflect all costs
pertaining to the Work.
3.1.4 By submission of its Bid, each Bidder affirms that it has, at its own expense, performed
any additional examinations, investigations, explorations, tests, or studies and obtained any additional
information and data which pertain to the physical conditions at or contiguous to the Site or otherwise,
prior to Bidding which may affect the cost, progress or perfonnance of the Work and which the Bidder
deems necessary to detennine its Bid for performing the Work in accordance with the time, price, and
other terms and conditions of the Contract Documents and/or it has satisfied itself with respect to such
conditions and it shall make no claims against the County or the Engineer if on carrying out the Work it
finds that the actual conditions do not conform to those indicated.
3.1.5 On request, the County will provide each Bidder access to the Site to conduct such
investigations and tests as each Bidder deems necessary for submission ofits Bid. :Bidder shall schedule
such access in advance with the County by contacting the Department. Upon completion of such
additional field investigations and tests, each Bidder shall completely restore disturbed areas to a
condition equal to or better than the conditions which existed prior to performance of the additional field
investigations and tests.
3.1.6 The areas in which the Work is to be perfonned, rights-of-way and easements for access
thereto and other areas designated for use by the Contractor in performing the Work are identified in the
Contract Documents. All additional areas and access thereto required for temporary construction facilities
or storage of materials, equipment and supplies are to be provided by the Contractor. Easements for
permanent structures or pennanent changes in existing structures are to be obtained and paid for by the
County, unless otherwise provided in the Contract Documents.
3.1.7 The submission of a Bid will constitute an incontrovertible representation by the Bidder
that the Bidder has complied with every requirement of these Instructions to Bidders, that, without
exception, the Bid is premised upon perfonning the Work required by the Contract Documents and that
such means, methods, techniques, sequences, or procedures of construction as may be indicated in or
required by the Contract Docmnents are sufficient in scope and detail to indicate and convey an
understanding of all terms and conditions for performance of the Work.
3.1.8 The Bidder shall not be entitled to any additional compensation or time extensions based
upon alleged differing conditions that in the opinion of the Engineer and/or the County should have been
reasonably anticipated by the Bidder.
3.1.9 The Bidder understands and agrees that the quantities of work or material stated in
unit price items are supplied only to give an indication of the general scope of the Work and the
County does not expressly or by implication agree that the actual quantity of the Work or material
will correspond therewith. The County reserves the right after award to increase or decrease the
quantity of any unit price item by an amount up to and including twenty-five percent (25%) of the
bid quantity, without a change in the unit price, and reserves the right to delete any bid item, in its
9
4.1.3 The County, by making copies of the Bidding Documents available on the above
terms, does so only for the purpose of obtaining Bids on the work and does not confer a license or
grant for any other use. All information contained in the Bidding Documents is the sole property of
the County and any unauthorized use is prohibited by law.
4.2 Interpretation or Correction of Bidding Documents
4.2.1 Bidders shall promptly notify the County in writing of any ambiguity, inconsistency
or error which is discoverable upon examination ofthe Bidding Documents or of the site and local
conditions.
Jim McNamara
Palm Beach County
Procurement and Project Implementation Group
Fax Number (561) 233-2052
4.2.2 Bidders requiring clarification or interpretation of the Bidding Documents shall make
a written request which shall reach the County at the address listed in the Invitation to Bid at least
five calendar days prior to the date for receipt of Bids. Bidders requesting clarification or
interpretation ofthe Bidding Documents shall supply the Department with all information requested
by the Department which the Department requires to issue a clarification or interpretation. Bidders
finding discrepancies, errors, and/or omissions or having doubt as to the intent of the technical
portions of the Contract Documents shall at once notify the Architect! Engineer of Record and
provide a copy to the Department. Bidder's questions relative to bidding requirements, bidder
qualification and contract award shall be directed to the Department. The Department, in its sole
discretion, shall determine if a clarification or interpretation ofthe Bidding Documents is required.
4.2.3 Any interpretation, clarification, correction, or change ofthe Bidding Documents will
be made only by Addendum. Written instructions regarding discrepancies, omissions or unclear
intents shall be sent to all Bidder's who have received bid documents from Palm Beach County.
Interpretations, corrections or changes to the Bidding Documents made in any other manner will not
be binding, and Bidders shall not rely upon such interpretations, corrections and changes.
4.2.4 Governing Order of Contract Documents - The Contract Documents include various
divisions, sections and conditions which are essential parts for the work to be provided by the
successful Bidder. A requirement occurring in one is as binding as though occurring in all. They
are intended to be complementary and to describe and provide for a complete work. In case of
discrepancy, the following precedence will govern the interpretation ofthe Contract Documents prior
to award of the contract.
1. Addenda
2. Bidding Requirements
3. Special Conditions
4. General Conditions
5. Technical Specifications/Drawings/Plans
6. Bidders Response
11
for the individual items, the prices bid on the individual items shall govern and the total for the
schedule will be corrected accordingly. Where so indicated by the make-up of the Bid Fonn, sums
shall be expressed in both words and figures, and in case of discrepancy between the two, the amount
written in words shall govern.
5.1.4 Any interlineation, alteration or erasure must be initialed, in ink, by the signer of the
Bid Form.
5.1.5 All requested, Additive or Deductive Bid Items shall be bid. Ifno change in the Base
Bid is required, enter "No Change."
5.1.6 The Bidder shall provide on Attachment No.3 to the Bid Form, the names and license
or certificate numbers of subcontractors who will perform that portion of work.
5.1.7 Each page of the Bid Form and Attachments to the Bid Form shall include where
requested, the legal name of the Bidder. The Bid Form shall also contain a statement whether the
Bidder is a sole proprietor, a partnership, a corporation, or some other legal entity, and shall be
signed by the person or persons legally authorized to bind the Bidder to a contract.
5.1.8 In the event a Bid is submitted by two or more Bidders as a joint venture, such Bid
shall be submitted in strict accordance with all applicable laws of the State of Florida, State
Contractor License Law, and Rules and Regulations of the- State Contractor's Board.
5.1.9 No person, firm or corporation shall be allowed to submit, or have an interest in,
more than one Bid for the same work unless alternate bids are specifically called for. A person, firm
or corporation that has submitted a subbid to a Bidder is not, however, disqualified from submitting
a subbid or quoting prices to other Bidders or submitting a prime Bid.
5.1.10 The following forms, together, comprise a Bid and must be submitted at the time
identified in 5.5:
BID DOCUMENTS
BID FORM
ATTACHMENT NO.1
BID BOND (or INTENT TO PARTIClPATE IN
BOND WANER PROGRAM BID AFFIDAVIT)
SMALL BUSThffiSS ENTERProSE SCHEDULES
LIST OF SUBCONTRACTORS
TRENCH SAFETY
NA
CER TIFICA TION OF BUSThffiSS LOCATION
ATTACHMENT NO.2
ATTACHMENT NO.3
ATTACHMENT NO.4
ATTACHMENT NO.5
ATTACHMENT NO. 6
13
1. Public Construction Bond in the amount of$l 00,00.00 as security for faithful
performance of work order (s) awarded as result of this bid and for payment
of all persons performing labor, and on their furnishing materials in
connection therewith. In the event that any work order from this Contract
results in a total outstanding work order amount which exceeds the amount of
the initial surety, the successful agrees to provide additional surety in
increments of$50,000.00 in order to maintain the total surety in excess oftotal
outstanding work orders. The attorney-in=fact who signs the bond must file
with the bond a certificate and effective-dated copy of power-of-attorney.
Under no circumstances will the successful bidder begin work until he/she has
supplied Palm Beach County the required Performance and Payment Bond
2. Guarantee
Such Bond shall incorporate by reference all of the terms and conditions of the Contract
Documents, including but not limited to the Contractor and Surety's obligation for liquidated
damages as well as Surety's acknowledgment regarding any and ail prOVIsions addreSSIng or
regarding "no damages for delay", as provided for in the General Conditions.
5 .2.4.3 The Surety Company, in addition to the above requirements, shall be currently
listed with the United States Department of Treasury for an amount greater than the contract amount.
The Contractor, at the time of his execution of the contract, shall provide, with his Contract Bonds,
a copy of the Surety Company's current valid Certificate of Authority issued by the United States
Department ofthe Treasury under ss 31, U.S.C. 9304-9308.
5.2.4.4 The bonds shall be written on Public Construction Bond and Guarantee Forms
included in the Contract Documents provided by the Department.
5.2.4.5 The Bidder shall require the attorney-in-fact who executes the required bonds
on behalf of the Surety to affix thereto a certified and current copy of his Power of Attorney,
reflecting hislher authority as Power of Attorney in the State of Florida.
5.2.4.6 Bid Security is not required for contracts of less than $50,000 and will be
waived for all other contracts ofless than $200,000 ifthe bidder is going to participate in the Bond
Waiver Program and provided bidder complies with Palm Beach County Resolution R-89-ll78 and
Palm Beach County Policies and Procedures relative to the Bond Waiver Program. For contracts with
values between $50,000 and $200,000, the bidder must complete a form entitled "Intent to Participate
in Bond Waiver Program Bid Affidavit" or provide Bid Security. Failure to provide a Bid Security
or complete and return this affidavit shall result in rejection of bid. The affidavit can be obtained
from the Facilities Development & Operations Department. For all contracts less than $200,000 the
Public Construction Bond will be waived provided bidder complies with Palm Beach County
15
(7%) participation, provided that such bid does not exceed the low bid otherwise responsive to the
bid requirements by more than one hundred thousand dollars ($100,000) plus three percent (3%) of
the total bid in excess of one million dollars ($1,000,000).
This section applies only when price is the determining factor.
5.3.4 - Bid Submission Documentation - SBE bidders, bidding as prime contractors, are
advised that they must complete Schedule 1 listing the work to be performed by their own workforce
as well as the work to be performed by an SBE or M/WBE subcontractor. Failure to include this
information on Schedule 1 will result in the participation by the SBE prime bidders own workforce
NOT being counted towards meeting the SBE goal. This requirement applies even if the SBE
contractor intends to perform 100% of the work with their own workforce. Bidders are required to
submit with their bid the appropriate SBE-M/WBE schedules in order to be deemed responsive to the
SBE requirements. SBE-MlWBE documentation to be submitted is as follows:
5.3.4.1. - Schedule 1 - List of Proposed SBE and MlWBE Subcontractors _ This list
shall contain the names of all SBE and M/WBE subcontractors intended to be used in performance
of the contract if awarded. The type of work to be performed by each subcontractor and the dollar
value or percentage shall also be specified. This schedule shall also be used if an SBE prime bidder
is utilizing ANY subcontractors.
5.3.4.2 - Schedule(s) 2 - Letter(s) of Intent to Perform as an SBE or M/WBE
Subcontractor - One Schedule 2 for each SBE and MlWBE Subcontractor listed on Schedule 1 shall
be completed and executed by the proposed SBE and MlWBE Subcontractor. Additional copies may
be made as needed.
NOTE:
A prime bidder certified by Palm Beach County as an SBE must complete Schedules
1 and 2 if they propose to use any SBE or MlWBE subcontractors. SBE bidders are
not exempt from meeting goals. The amount of work to be done by an SBE prime
bidder's own forces may be counted toward goal attainment, but such amounts must
be identified in the bid submittal on Schedule 1. Failure to submit the necessary SBE
documentation to establish that the goals have been met may result in the SBE bidder
being deemed non-responsive to the SBE requirements.
5.3.5 - SBE Certification - Only those firms certified by Palm Beach County at the time of bid .
opening shall be counted toward the established SBE goals. Upon receipt of a complete application,
IT TAKES UP TO SIXTY (60) DAYS TO BECOME CERTIFIED AS AN SBE WITH PALM
BEACH COUNTY. It is the responsibility ofthe bidder to confirm the certification of any proposed
SBE; therefore, it is recommended that bidders contact the OSBA at (561) 616-6840 to verify
certification.
17
Note: Schedule 3 (Good Faith Efforts) is no longer required. Therefore, Schedules 4 has been
renumbered to Schedule 3, and Schedule 5 has been renumbered to Schedule 4.
5.3.8 - SBE Substitutions - After contract award, the successful bidder will only be permitted
to replace a certified SBE subcontractor who is unwilling or unable to perform. Such substitution
must be done with other certified SBEs in order to maintain the SBE percentages submitted with the
bid. Requests for substitutions must be submitted to the Department issuing the bid and the OSBA.
5.4 Local Preference
5.4.1 In accordance with the Palm Beach County Local Preference Ordinance, a preference will be
given to Bidders having a permanent place of business in Palm Beach County. Local preference
means that if the lowest responsive, responsible Bidder is a regional or non-local business, then all
bids received from responsive, responsible local Bidders are decreased by 5%, to a maximum of
$100,000 difference. The original bid amount is not changed; the 5% decrease is calculated only for
the purposes of determining local preference.
5.4.2 To receive a local preference, a Bidder must have a permanent place of business in existence
prior to the County's issuance of this Invitation for Bid. A permanent place of business means that
the Bidder's headquarters is located in Palm Beach County; or, the Bidder has a permanent office or
other site in Palm Beach County where the bidder will produce a substantial portion ofthe goods or
services to be purchased.
5.4.3 A valid occupational license issued by the Palm Beach County Tax Collector will be used to
verify that the Bidder had a permanent place of business prior to the issuance ofthe Invitation for Bid.
Please note that the name and address on the occupational license must be the same name and address
that is included in the bid submitted to Palm Beach County. A Palm Beach County occupational
license is required unless specifically exempted by law. In lieu of a Palm Beach County occupational
license, the current occupational license issued to the Bidder should be included in the response.
5.4.4 The Bidder must submit the attached "Certification of Business Location" along with a copy
of the Bidder's occupational license at the time of bid submission. Failure to submit this information
will cause the Bidder to not receive a local preference. Palm Beach County may require a Bidder to
provide additional information for clarification purposes at any time prior to the award ofthe contract.
5.4.5 The ranking of responsive Bidders pursuant to the SBE Ordinance which results in an award
to a Bidder in compliance with the Ordinance shall not be re-ordered by the provisions of the
Local Preference Ordinance to the extent that the application oflocal preference would result
in an award to a non SBE firm.
5.5 Timing of Submission of Bid Documents
5.5.1 - The Bid Documents must be submitted by the date and time specified for the
submission of bids in the Invitation to Bid. Submission of these documents, except Attachment.
No.6, after the date or time specified in the Invitation for Bid will result in the documents being
19
5.6.3 The Bidder shall assume full responsibility for timely delivery at the location
designated for receipt of Bids.
5.6.4 Oral, telephonic, fax, or telegraphic Bids are invalid and will not receive consideration.
5.7 Modification or Withdrawal of Bid
5.7.1 A Bid may not be modified, withdrawn, or canceled by the Bidder for the period after
opening of Bids as stipulated on the Bid Form and each Bidder so agrees in submitting his Bid.
5.7.2 Prior to the time and date designated for submission of the Bid Documents, any Bid
submitted may be modified or withdrawn by notice to the party receiving Bids at the place and prior
to the time designated for submission of Bid Documents. Such notice shall be in writing over the
signature ofthe Bidder and received by the Department before the date and time set for submission
of the Bid Documents; and it shall be worded so as not to reveal the amount of the original Bid.
5.7.3 Withdrawn Bids may be resubmitted up to the time designated for the submission of
the Bid Documents provided that the resubmitted bid is fully in conformance with these Instructions
to Bidders.
5.7.4 Bid security shall be in an amount sufficient for the Bid as modified or resubmitted.
6.0 Consideration of Bids and Award of Contract
6.1 Opening of Bids - The Bids received on time will be opened publicly and will be read aloud
immediately after the time and date identified for submission of the Bid Documents at the location
specified.
6.2 Rejection of Bids - The Board of Palm Beach County Commissioners reserves the right to
reject any and all Bids, and/or to re-advertise, to waive any irregularities, informalities or
technicalities therein, to negotiate Contract terms with the successful Bidder, to disregard all
non-conforming, non-responsive, unbalanced or conditional Bids, or to accept any Bid which in the
County's sole judgement will best serve the public interest. County reserves the right to cancel the
award of any Contract at any time before the execution of said Contract by all parties without any
liability against the County. In consideration of the County's evaluation of submitted Bids, the
Bidder, by submitting its Bid, expressly waives any claim to damages, of any kind whatsoever,
in the event the County exercises its rights provided for in this subsection.
6.3 Award of Contract
6.3.1 Award will be made to the lowest, responsive, responsible Bidder. To be considered
responsive, the Bid must conform in all respects to the conditions of the Invitation to Bid, to the
Instructions to Bidders, Palm Beach County Code Sections 2-51 through 2-54, as amended and to
21
4. Lack of responsibility on the part of the Bidders. (For example, no bidder would be
considered responsible if it had recently failed to satisfactorily cany out any previous
contract with Palm Beach County).
5. Lack of experience or capital on the part of the Bidder. Evidence of experience, ability,
financial standing and machinery available may be required of any bidder.
6. Substantial evidence of bad character or dishonesty.
7. Lack of current applicable certification and/or license for the purpose of performing the
specified work.
8. Any cause listed under Section 2-80.4 of the Palm Beach County Code as amended.
9. History of unsuccessful claims asserted by Bidder against public owners in the State of
Florida, such as to establish a trend of improperly asserted claims.
10. Any 0 ther cause which, a sam atter 0 flaw renders the Bid non-responsive 0 r n on-
responsible.
7.0 Time - Time is of the essence in all contract documents. The successful Bidder, shall enter into
a Contract with the County, shall commence the work to be performed under the Contract on the date set
by the County in the written notice to proceed, and shall continue the work with due diligence and shall
agree to complete the entire work as specified in the Bid Form.
8.0 Public Bid Disclosure Compliance - All fees including, but not limited to, certificate of occupancy
permit fees and inspection fees payable by the Contractor to the County by virtue of this project will be
waived by the County. Permits and fees which are required by the State of Florida or any state agency, or
by any other governmental agency are not waived. The requirement that all contractors and subcontractors
of any tier be properly licensed or certified is not waived and no fees required to be paid by any contractor
or subcontractorrelated to licensing and certification are being waived. All contractors and subcontractors,
identified in the bid documents, who work in trades required to be licensed or certified by the Palm Beach
County Construction Industry Licensing Board are required to have such licenses or certificates in place
at the time of bid submission.
9.0 Early Completion Incentive -lithe Bid Form indicates that the Early Completion Incentive is in
effect for this contract, then the following provisions shall apply:
As an additional incentive to complete the project in a timely manner, the Owner shall pay the Contractor
an incentive for early completion ifthe contract is finally completed more than 30 days ahead of schedule.
The money shall be due for every consecutive calendar day the contract is completed prior to the final
completion date provided for herein. The Early Completion Incentive shall be paid at the per diem rate set
forth in the Bid Form and shall be capped at forty-five days, i.e., in no event shall the payment period of
the Early Completion Incentive exceed a period of forty-five days.
10.0 Liquidated Damages - lithe Bid Form indicates that liquidated damages apply to this contract then
they will be assessed at the rate(s) set forth in the Bid Form. Owner and Contractor agree that time is of
the essence in the performance of this contract and agree that the damages which Owner will suffer in the
event that Contractor finishes this project after the completion dates set forth in this agreement are certain
but will be difficult, if not impossib Ie, to quantify. Therefore, Contractor and Owner agree that the rate( s)
set forth on the bid form are a reasonable estimate of the amount of damages which Owner will suffer ion
the event Contractor does not timely complete the Contract. Contractor and Owner agree that these
23
12.4 Notice and posting. The Contractor shall post a copy of the following statement at the work site
in a prominent place where it can easily be seen by the employees: ''NOTICE TO EMPLOYEES:
If you are employed to provide certain services to Palm Beach County, your employer may be
required by Palm Beach County law to pay you at least (insert the living wage hourly pay rate, as
adjusted) per hour. If you are not paid this hourly rate, contact your supervisor and/or Palm Beach
County Procurement and Project Implementation Group at (561) 233-2055." The preceding
statement shall be printed in English, Spanish, and Creole, and shall be printed with black lettering
on letter-size, white paper using a Times New Roman 14-point font, Courier New 14-point font,
or Arial14-point font. Posting requirements will not be required if the employer attaches a copy
of the preceding statement to the employee's first paycheck, and to subsequent paychecks at least
every six (6) months thereafter. Employers shall supply a copy of the preceding statement to any
employee upon request within a reasonable time. Employers shall fOlWard a copy of the
requirements of this ordinance to any person or business submitting a bid for a subcontract on any
contract covered by this ordinance.
12.5 Maintenance of payroll records. Each employer shall maintain payroll records and basic records
relating thereto for each employee, and shall preserve them for a period of three (3) years. The
records shall contain:
Each employee's name and address; Each employee'sjob title and classification; The number of
hours worked each day by each employee; The gross wages and deductions made for each
employee; and Annual wages paid to each employee.
12.6 Reporting payroll. Every six (6) months the Contractor shall certifY and file with the Owner, or
with the general contractor for subcontractors, certification that all employees who worked on each
construction contract during the preceding six (6) month period were paid the living wage in
compliance with this ordinance. Upon the Owner's request, the employer shall produce for
inspection and copying the payroll records for any or all of its employees for the prior three (3)
year period.
13.0 Criminal History Records Check - Pursuant to Ordinance 2003-030, the Palm Beach County
Criminal History Records Check Ordinance, the County will conduct fingerprint based criminal
history record checks on each person, not employed by the County, who provides or delivers
goods and services for, to or on behalf ofthe County. A finger print based criminal history record
check will be conducted on all employees and subcontractors of contractors, vendors, repair
persons and delivery persons who are unescorted when entering a facility determined to be critical
to public safety and security. County facilities which require this heightened level of security are
identified in Resolution R2003-1274, which is available upon request. The Bidder understands
that it is solely responsible for the financial, schedule and/or staffing implication of compliance
with this Ordinance, and represents and warrants that its bid price includes any direct or indirect
costs (not including the FDLE/FBI fees which will be paid directly by the County) of compliance
with this Ordinance.
14.0 Department Specific Instructions
25
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
included in the hourly rate for that particular trade, and there will be no line-item
compensation for design requirements for such portions of the work.
Shop drawings for applicable systems and materials will be provided after Contractor's
receipt of a work order and prior to Contractor's order placement.
b. Site work
Remove topsoil and stockpile for later use or removal from the site as determined by
Palm Beach County.
Remove muck as necessary: work to include well point system, testing and soil density
certification.
Place, compact, and test fill in lifts not to exceed 12" to 95% maximum density in
accordance with ASTM 01557. Fill shall be free of organic material.
Fine-grade area within 10 feet of structure to cause surface water to flow away from
structure. Grading plan elevations shall be pre-approved by Palm Beach County's
designated Project Coordinator.
The cost of all fill shall be compensated at the contracted unit price for fill, based on the
Contractor placing and compacting material. Units shall be in-place compacted
measure, with Contractor providing before-and-after topographic shots and calculations
acceptable to Palm Beach County's designated Project Coordinator.
c. Solid Sod
Contractor shall furnish and install solid sod at the perimeter of the structure for a
distance of ten feet from the structure. Sod shall be either Floratam or bahia, at the
election of Palm Beach County.
The cost of the perimeter sod shall be a part of the cost of the structure, and there will
be no specific line~item compensation for perimeter sod.
d. Existinq irriqation system
If an irrigation system exists in the area of the work, it shall be the responsibility of Palm
Beach County to so advise the Contractor. In such circumstances, the Contractor shall
cap and stake the termination(s) three feet from the edge of the structure.
The cost of all irrigation work shall be compensated, as a separate line item, at the
contracted unit price for hourly labor and materials.
e. Concrete: General
Concrete shall be minimum 3000 psi.
If access to the work by a ready-mix truck is not possible, Contractor shall be
compensated for differential costs at the contracted unit price for hourly labor and
equipment.
Concrete tests shall be in accordance with ASTM C39 and applicable codes. Not less
than five cylinders shall be taken for any concrete placement, and in accordance with
ACI 318-63, Paragraph 4.7.
f. Concrete: Slab and Foundation System for Pavilions and Shelters
Slab and foundation system shall be designed to accommodate vertical downward load
and uplift.
The minimum slab cross~sectional thickness shall be 4", with not less than one layer of
welded wire fabric: 6x6, 1.4x1.4.
The minimum thickened~edge cross~sectional area shall be 8"x8", with not less than one
#4 reinforcing bar.
Vapor barrier shall be used, consisting of minimum 6-mil thickness polyethylene.
Slab finish shall be steel~troweled and edges shall be tooled with 3/4" radius.
Slab shall be sloped at 1/8" per foot from the center of the slab to the perimeter of the
slab.
The cost of the concrete slab and foundation system, and associated testing, shall be
a part of the cost of the structure, and there will be no specific line-item compensation
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.... 27
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
either an asphalt shingle roof (Roof" A") or a metal (aluminum) standing seam roof
(Roof "B"), each as specified below.
All work, including specific materials used, application and use of materials, and
sequence/timing of work, shall be in conformance with applicable codes.
All work, including specific materials used, application and use of materials, and
sequence/timing of work, shall be in conformance with the manufacturer's
recommendations.
Fiberqlass Shinqle Roof: Roof "A"
GAF "Timberline Ultra" dimensional, or equal as determined by Palm Beach County
prior to submittal of bids.
Warranty: 40 years.
Fiberglass roofing felt shall be 30 pounds per square.
Drip edge shall be continuous at the roof perimeter and shall be made of anodized
aluminum.
Roofing nails shall be 1-1/4" galvanized.
Color selected by Palm Beach County.
Standinq Seam: Roof "B"
Standing Seam Roof, by Aeicor metal Products, Inc., or equal as determined by Palm
Beach County prior to submittal of bids.
Warranties: a 20-year warranty against color change or chalking; a 5-year warranty
for weather-tightness.
Panels shall be Snap Seam Standing Seam Roof SS-4-16, 0.040 aluminum alloy
3105-H15, with seams that are 3/8" wide x 1" high x 16Y2" o.c.
Finish shall be shop-applied Kynar 500 finish.
Color will be as selected by Palm Beach County.
Flashing, closures, flashing at rake, and trim shall be fabricated of the same material
and finish as the panel.
Fasteners: Stainless steel.
Trim and end closures shall be fabricated of the same material and finish as the
panel.
Sealant and mastic tape shall be manufacturer's standard.
Waterproofing underlayment: Shall be "lee and Watershield" (W.R. Grace & Co.,
Cambridge), or equal, as determined by Palm Beach County prior to submittal of bids.
Underlayment shall be cold~applied, self-adhering, self-healing membrane composed
of 0.004" high-strength polyethylene film, coated on one side with a thick layer of
adhesive~consistency, rubberized asphalt. Membrane shall be interwound with a
disposable silicone-coated release sheet. All waterproofing work shall be in
accordance with manufacturer's recommendations.
2.03 Pavilion: Timber Truss Type
a. General
The costs of all items listed in this Paragraph 2.03 shall be a part of the cost of the
structure, and there will be no additional compensation for 2.03.b Superstructure,
2.03.c Metals, 2.03.d Carpentry, 2.03.e Painting, and 2.03.f Roofing other than the
unit~price line item for the particular pavilion, based on type, size, and roof.
The Timber Truss Type Pavilion shall be constructed in accordance with the
specifications which follow and with Sketch #2.
b. Superstructure
Pavilion size shall be as selected by Palm Beach County, pursuant to Contract. Truss
system shall be timber truss type, as shown in the elevation sketch, Sketch #2.
Trusses, columns, and decking shall be pre-engineered by pavilion manufacturer.
c. Metals
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.... 29
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
The costs of all items listed in this Paragraph 2.05 shall be a part of the cost of the
structure, and there will be no additional compensation for 2.05.b Superstructure,
2.05.c Metals, 2.05.d Carpentry, 2.05.e Painting, and 2.05.f Roofing other than the
unit-price line item for the particular pavilion, based on type, size, and roof.
The Boston Hip Pavilion shall be constructed in accordance with the specifications
which follow and with Sketch #4.
b. Superstructure
Pavilion size shall be as selected by Palm Beach County, pursuant to Contract. Pavilion
shall be Boston Hip, as shown in the elevation sketch, Sketch #4.
Trusses, columns, and decking shall be pre-engineered by pavilion manufacturer.
c. Metals
The "Metals" specifications for 2.02.c. "Pavilion: Arch Type Truss" apply.
d. Carpentry
4:12 glued-laminated trusses shall be shop-assembled.
Top and bottom chords will be minimum 5" x 5 % ";web chords minimum 5" x 4;4 'glued
laminated SP, APA/EWS certified.
Columns shall be minimum nominal 6"x10", solid timber SYP, Structural Grade #1,
pressure-treated for surface mounting, CCA 0.6 PCF with weather-resistant base shoe
to resist ground~line reactions.
Roof deck shall be nominal 2"xS", SP #1 grade, edge-veed on side, kiln-dried and
furnished in specified lengths so that all joints occur over a laminated beam support.
Fascia shall be #1-2"x6" CCA~treated SP.
All members shall be delivered to the site factory-sealed and individually wrapped.
e. Paintinq
The "Painting" specifications for 2.02.e. "Pavilion: Arch Type Truss" apply.
f. Roofinq
The "Roofing" specifications for 2.02.f. "Pavilion: Arch Type Truss" apply.
2.06 Timber Truss Shelter with Picnic Table
a. General
The costs of all items listed in this Paragraph 2.06 shall be a part of the cost of the
structure, and there will be no additional compensation for 2.06.b Superstructure,
2.06.c Metals, 2.06.d Carpentry, 2.06.e Painting, and 2.06.f Roofing other than the
unit~price line item for the particular pavilion, based on type, size, and roof.
The Timber Truss Shelter with Picnic Table shall be constructed in accordance with the
specifications which follow and with Sketch #5.
b. Superstructure
Shelter size shall be as selected by Palm Beach County, pursuant to Contract. Pavilion
shall be truss-type, as shown in the elevation sketch.
Trusses, columns, and decking shall be pre-engineered by shelter manufacturer.
c. Metals
The "Metals" specifications for 2.02.c. "Pavilion: Arch Type Truss" apply.
d. Carpentry
4:12 glued laminated trusses shall be shop~assembled.
Top and bottom chords will be minimum 5" x 5 % ";web chords minimum 5" x 4.;4 ~Iued
laminated SP, APA/EWS certified.
Columns shall be minimum nominal 6" x 10", solid timber SYP, Structural Grade #1,
pressure-treated for surface mounting, CCA 0.6 PCF with weather-resistant base shoe
to resist ground-line reactions.
Roof deck shall be nominal 2"x8", SP #1 grade, edge-veed on side, kiln-dried and
furnished in specified lengths so that all joints occur over a laminated beam support.
Fascia shall be #1-2"x6" CCA-treated SP.
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.", 31
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
material tickets, approved by Palm Beach County's designated Project Coordinator,
multiplied by 1.10. Alternately, at Contractor's option, compensation tor electrical
materials may be based on a bill-ot-material and published supply house rates
multiplied by 1.10. In either case, a not-to-exceed price tor such material, mutually
agreed to by Contractor and PBC, will be established prior to issuance ot the Work
Order and commencement of work.
b. Caroentry
As may be necessary, as determined by Palm Beach County, minor carpentry work may
be requested by Palm Beach County.
Contractor shall be compensated for such work (labor and materials) in accordance with
the Contract.
LABOR
Contractor shall be compensated for carpenter labor at the hourly rate as stated on
the Bid Proposal Form, Exhibit "A".
MATERIALS
Contractor shall be compensated for carpentry materials based on submitted
material tickets, approved by Palm Beach County's designated Project Coordinator,
multiplied by 1.10. Alternately, at Contractor's option, compensation for carpentry
materials may be based on a bill-of-material and published supply house rates
multiplied by 1.10. In either case, a not-to-exceed price for such material, mutually
agreed to by Contractor and PBC, will be established prior to issuance ot the Work
Order and commencement of work.
c. HV AC
As may be necessary, as determined by Palm Beach County, HVAC work may be
requested by Palm Beach County.
Contractor shall be compensated for such work (labor and materials) in accordance with
the Contract.
LABOR
Contractor shall be compensated for HV AC Mechanic labor at the hourly rate as
stated on the Bid Proposal Form, Exhibit "A".
Materials
Contractor shall be compensated for HV AC equipment and material materials based
on submitted material tickets, approved by Palm Beach County's designated
Project Coordinator, multiplied by 1.10. Alternately, at Contractor's option,
compensation for HV AC equipment and materials may be based on a bill-at-material
and published supply house rates multiplied by 1.10.
d. Plumbinq
As may be necessary, as determined by Palm Beach County, plumbing work may be
requested by Palm Beach County.
Contractor shall be compensated for such work (labor and materials) in accordance with
the Contract.
LABOR
Contractor shall be compensated for plumber labor at the hourly rate as stated on
the Bid Proposal Form, Exhibit "A".
MA TERIALS
Contractor shall be compensated for plumbing fixtures and/or materials based on
submitted material tickets, approved by Palm Beach County's deSignated Project
Coordinator, multiplied by 1.10. Alternately, at Contractor's option, compensation
for plumbing fixtures and/or materials may be based on a bill-of-material and
published supply house rates multiplied by 1.10. In either case, a not-to-exceed
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.... 33
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
3.04 SECURITY
a. Responsibility for Contractor's Material and Equipment
The Contractor shall be responsible for all materials and equipment in its custody or
placed into the work by the Contractor. Security methods shall be employed, as
required, by the Contractor to ensure the protection of all materials, equipment, and
construction work from theft, vandalism, fire, and other damage or loss.
b. Palm Beach County's Security System (as may be applicable)
The Contractor shall comply with the requirements of the County's system regarding
guard service, registration of personnel and vehicles, and the use of designated
entrances.
c. Designated Areas
The Contractor shall be responsible for keeping its personnel out of areas not designated
for the Contractor's use. The Contractor shall park its vehicles, and ensure that its
employees park their vehicles, in assigned parking areas.
3.05 CONSTRUCTION ACTIVITIES
a. At all times, the Contractor shall maintain the project in such a way that public safety
is not compromised. The Contractor shall provide barricades, temporary fencing, or other
measures as may be appropriate to maintain this condition. Such measures shall be at
no cost to Palm Beach County.
b. Construction debris, unused earth and sod, and the like shall be removed from the site
by the Contractor on a weekly basis.
4. WORK ORDER CLOSE-OUT
As a condition to final payment for each work order, Contractor shall furnish to the
County's Project Coordinator the following documents, each in a form acceptable to Palm
Beach County:
. Final Releases of Lien from all subcontractors and suppliers, including appropriate M/WBE
releases;
. Conditional Release of Lien from the Contractor;
. As~built drawings;
. Roofing Warranties, as identified in Paragraph 2.02.t. "Roofing";
. A one~year Warranty on labor, materials, and equipment that the structure and associated
work is in accordance with the specifications (both materials used and methodologies
employed) and free of defects.
Additionally, if the work becomes defective within one year of acceptance, not the result
of normal use nor of neglect or mistreatment, Contractor shall replace/repair same at no
cost to the Palm Beach County and to the full satisfaction of the Palm Beach County.
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.... 35
PALM BEACH COUNTY
ANNUAL CONTRACT: PA VIUONS, SHELTERS AND SHEDS
PROJECT #05569
SKETCH #2
PA VILlON: TIMBER TRUSS
(Specification Paragraph 2.03)
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TIMBER TRUSS MODEL
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ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.... 37
PALM BEACH COUNTY
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
PROJECT #05569
SKETCH #4
PAVILION: BOSTON HIP
(Specification Paragraph 2.05)
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BJSIC..1o,j HIP
ANNUAL CONTRACT: PAVILIONS AND SHELTERS
PROJECT #05569.", 39
ATTACHMENT A
BID PROPOSAL FORM
Bid #05569
ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
TOTAL BID: (Sum of Line Items [extended prices] 1-58):
452,207.60
Vendor represents that he/she is a Palm Beach County Registered:
o Black Small Business Enterprise
o Hispanic Small Business Enterprise
o Woman Small Business Enterprise
IX Other Small Business Enterprise
o Non- Sinal! Business Enterprise
Please affix SIGNATURE where indicated *
(Failure to do so shall be cause for rejection of your bid.)
N.A.ME OF FIRM:
8811:;'1
c.
SIGNATURE:
*
ADDRESS:
2180 S.E_ 1st street
Boynton Beach, Florida 33435
TELEPHONE:
(5fj1) 717-417S
EXPLANATION OF DATA ENTRIES ON THE FOllOWING THREE PAGES:
. Bidder should enter its unit price in the colunm BIDDER'S UNIT PRICE for each line itenI. Then,
multiply the entered unit price by the WEIGHTING FACTOR, and enter the resulting product in the
EXTENDED PRICE column.
. The weighting factor has been established by Palm Beach COWIty in order to provide a proper
distribution of pricing that is propo]iional, for each line item, to expected expenditures under
this contract.
. The sum of the extended plices will be the TOTAL BID, to be entered in two places: Near the top
of this page and near the bottom of Page 44; each location is labeled "TOTAL BID".
. NOTE: The TOTAL SID dollar amount will be only used to establish the low bid, and will not
be the award amount of the Contract.
The BIDDER'S UNIT PRICES wi!! be the pricing basis of work orders issued under this
Contract.
. Pursuant to Paragraph 11, "Prices Quoted": In the event of mathematical error(s) ~ the unit
price will prevail alld the bidcler 's total will be corrected accordingly. Bids having erasures
or corrections must be initialed ill ink by the bidder prior to bid opening. If the intent or
legibility of the correction is not clear, the bid may be rejected.
_"i 1
ATT ACHlv1Ef'JT A, Continued
BID PROPOSAL FORM: Bid No. 05569, ANNUAL CONTRACT: PAVILIONS, SHELTERS AND SHEDS
BID ROOF ROOF WEIGHTING BIDDER'S EXTENDED
COMPONENT TYPE DIM ENS lONE FACTOR UNIT PRICE PRICE
Pavilion: HexaQons
29 Pavilion: Hexagon (2.04) Type A 16' 0.2 21 ,627 4,325.40
30 20' 0.2 23,964 4,792.80
31 Type B 16' 0.2 23,986 4,797.20
32 20' 0.2 27,458 5,491.60
Pavilion: Boston Hips
33. Pavilion: Boston Hips (2.05) Type A 25' x 25' 0.2 42,664 8,532.80
34 30' x 60' 0.2 83,637 16,727.40
35 Type B 25' x 25' 0.2 47,144 9,428.80
36 30' x 60' 02 96,617 19,323.40
Timber Truss Shelter with Picnic Table
37 Sheller with Picnic Table (2.06) Type A 8' 0.2 12,287 2,457.40
38 10' 0.2 13,202 2,640.40
39 Type B 8' 0.2 12,612 2,522.40
~o 10' 0.2 13.689 2,737.80
Total of Line Items #29 thru #40
183,777.40
Metal StoraQe Sheds
: 1 Storage Shed (2.07) 6' x 8' 0.1 2.599 259.90
:2 8' x 10' 0.1 3,077 i07 70
13 10' x 10' 0.1 3,705 370.50
10' x 12' 0.1 4,043 404.30
:5 12' x 12' 0.1 4,456 445.60
~6 12' x 16' 0.1 5,073 507.30
S'\ 12' x 20' 0.1 5,731 573.10
"
8 12' X 24' 0.1 h:179 617_90
9 12' x 30' 0.1 7,220 722.00
0 12' x 40' 0.1 9.017 901.70
Total of Line Items #41 thru #50
11:110.00
]
43
R2005 '871
CONTRACT
THIS CONTRACT, made and entered into this
day of
~2 721m
, 200_,
between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as the "County" and S&F Construction Inc. hereinafter referred to as the
"CONTRACTOR".
WITNESSETH:
That the said Contractor having been awarded the contract for the:
Annual Contract Pavilion, Shelters and Sheds
05569
in a ccordance with the Bid therefore and for and in consideration of the promises and 0 ft he
covenants and agreements, and of the payments herein specified, to be made and performed by the
Contractor and the County, the Contractor hereby covenants and agrees to and with the County to
undertake and execute all of the said named work, in a good, substantial and workmanlike manner,
and to furnish and pay for all materials, labor, supervision, equipment, supplies, fees, expertise, and
services necessary to fully complete all work in accordance with all requirements of the Contract
Documents and in accordance with all applicable codes and governing regulations, within the time
limit specified in the Bid Foml. The Contract Documents consist ofthe following documents which
are incorporated herein by reference.
A - Invitation to Bid, Instructions to Bidders, Bid Form and Attachments 1 through 4.
B - Completed Bonds, Guarantee and Insurance Forms.
C - General Conditions.
D- NA.
E - Special Conditions.
F - Technical Specifications.
The maximum value of all work orders issued under this contract, consistent with Technical
Specificationsl.Ol and 1.02, is not to exceed the sum of $400.000.00. The prices named in the work
order are for the completed work and all expense, direct or indirect, connected with the proper
execution of the work and of maintaining the same until it is accepted by the Board of County
Commissioners. It is understood that the Contractor holds and will maintain current appropriate
registration, certification, and/or license for the purpose of performing the specified work pursuant
to this Contract. The time limit for the Substantial Completion of each work order issued under this
65
contract shall be the date that is established and stated in the Notice to Proceed.
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach
County, Florida, has made and executed this Contract on behalf of the said County and caused the
seal of the said County to be affixed hereto, and the Contractor has hereunto set his hand and seal
the day and year written. The Contractor represents that it is authorized to execute this contract on
behalf of itself and its Surety.
ATTEST:
R 200 5
1871 SEP272Q6
PALM BEACH COUNTY, FLORIDA, a
Political Subdivision of the State of Florida
....,s',,'\\\\\\
Sharon R. Bock, Clerk & 9o@ttQl~r ;'\\".,
j \,)..- " "."
_, "'"\ t L ,
" , , \....\''i ", ....
; of <:'
B ~ -'rl
Chairman
APPROVED A TO TERMS AND
;rITIO~~ t W .
A.Mrey ~ Dir~t
Facilities Development & Operations
"CONTRACTOR"
By: S&F Construction Inc.
(Corporate Name)
a
Florida corporation
(insert state of corporation)
~~~
(witness signature)
<
By:
( signatory)
Casey Ford
(witness name printed)
~~M-t:~-!~K It's
~witness signature)
Jim Ford
(print signatory' s name)
president
(print title)
Harold Blanchette
(witness name printed)
August 22nd
(date of executi~n)
, 2002-
r. , '
c !- \. !.
(Corporate Seal)
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2005-24945 STATE OJ;F~O~19<~.""
PALM BEACij;;COYNj-;yX>:i':t;~
~:; .;" <}~-~<,:~.~~,~;;' ~,~> ~,,:;r-;:1~)~~:~,:.>~./:'~..:,' " ~.
OCCU PA TION~.~'jE.J~I;~1"~~:i:~0/
E X P J RES: S EP T~~Mxi3iEi~;.<<~(,',"":'
,-':,~, ;'l:)~:\\~~,/,:: ,/:,- '>:'::"~">',;~,j-.:(_;;,y:;,:
S & F CONSTRUCTION INC ** LOCATEDAT ' . '.
FORD JAMES 0 ';:J< '~'<<'>;,-
CW-001
'CLASSIFlCA liON
~!.
$369.60
. "'.>;l'.'-....:
2180 SE 1STSr
BOYNTON BEACj1i;,Fl3
,_:,-';/'-~.;~~;,~:~"~i';:~t-01}:'~t,~~:~~;:'~~:<
. $.3R~;9P-
Is hereby licensed at above address for the period beginning on the
first day of October and ending on the thirtieth day of September to
engage in the business, profession or occupation of:
GENERALCONlRACTOR
U13767/RG0050156
JOHN K. CLARK, CFC
TAX COLLECTOR, PALM BEACH COUNTY
2023273
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#LOSO(;0900999
LICENSE NBR
106 09 2005 040971618 RG0050156
The GENERAL CONTRACTOR
Named below HAS REGISTERED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2007
(INDIVIDUAL MUST MEET ALL LOCAL LICENSING,
REQUIREMENTS PRIOR TO CONTRACTING IN ANY~EA)
FORD, JAMES D
S & F CONSTRUCTION INC
2180 SE 1ST STREET
BOYNTON BEACH FL 33435
DATE
JEB BUSH
GOVERNOR
DISPLA Y AS REQUIRED BY LAW
DIANE CARR
SECRETARY
PALM BEACH COUNTY CONTRACTORS
CERTIFICATE OF COMPETENCY
EXPIRES SEPTEMllER 30, 20 0'1
; - l'tY-: --rt:\() .-au-
I
CERTIFIED "", GE.N, E, RAL
CONTRACTOR
OJ._. .,..'
NAME JAMES r' f' ,. ,-;D, r;9R-k>r,r,~J- . ,-
FIRM 5 & F GpNS'rRucT,lti1N' :I~C"
ATTEST:
1D,'-0007804
;0j3/09/05 .......'.'~. ... ., ..........
:~,. .'
=-:_'I.:".cV. ..
AUDIT
CONTROL
NUMBER
CERTIFICATE NUMJlER
A-:-Q557757 U-1376'/
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2180 SE 1ST ST
BOYNTON BEACH, FL
3~1435
I
i
:f,
ACORQ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODNYYY)
02/23/2005
PRODUCER (561) 278-0448 FAX (561) 278-2391 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Weekes & Callaway, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
777 East Atlantic Ave. Ste 300 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
lray Beach, FL 33483
Mila Smith INSURERS AFFORDING COVERAGE NAIC#
S & F Construction Inc ._~--------_._--
INSURED INSURER A: Amerisure Mutual Ins Co. 02545
2180 S.E. 1st Street INSURER B: Amerisure Insurance Company 09088
Boynton Beach, FL 33435 INSURER c:
--
INSURER 0
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I~M ~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
GENERAL LIABILITY GL2007329 03/01/2005 03/01/2006 EACH OCCURRENCE
_ DAMAGE TO RENTED
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE /~~
J. Michael Callaway CIC/ASMJ /'
@ACORD CORPORATION 1988
COVERAGES
LIMITS
COMMERCIAL GENERAL LIABILITY
I CLAIMS MADE [8] OCCUR
$
$
$
$
$
PRODUCTS - COMP/OP AGG $
MED EXP (Anyone person)
PERSONAL & ADV INJURY
A
x
GENERAL AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER:
Ii nPRO- n
POLICY JECT LOC
AUTOMOBILE LIABILITY
I---
X ANY AUTO
-
ALL OWNED AUTOS
...
03/01/2\
03/01/2006
CA2007327
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY
(Per person)
-
-~
--~~ )
~,. ,
~1
~
EACH OCCURRENCE
AGGREGATE
SCHEDULED AUTOS
A
-
X HIRED AUTOS
-
~ NON-0WNED AUTOS
-
PROPERTY DAMAGE
(Per accident)
BODILY INJURY
(Per accident)
$
EA ACC $
$
$
$
$
$
$
AUTO ONLY - EA ACCIDENT
GARAGE LIABILITY
rl ANY AUTO
EXCESSlUMBRELLA LIABILITY
~ OCCUR 0 CLAIMS MADE
RDEDUCTIBLE
RETENTION
OTHER THAN
AUTO ONLY:
AGG
$
03/01/2006 I WCSTATU~TX IOJ~-
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
EL DISEASE - POLICY LIMIT $
WC200733000 03/01/2005
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
~~~~~~J:S?~~S below
OTHER
)ESCRIPTlON Of OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
*Notice Accepted that Certificate Holder is Named as Additional Insured**
:ERTIFICATE HOLDER
City of Boynton Beach
Attn: Tara Brown
100 East Boynton Beach Bouleva
Boynton Beach, FL 33435
\CORD 25 (2001108) FAX: 742-6357
1,000,000
300,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000
$
$
$
500,000
500,000
500,000
I
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\\mlmum~m'III.I.UI.I.11
CFN 20050556207 c
OR BK 19186 PG 00~~
RECORDED 09/02/2005 10,4b,1~
Pal. Beach County, Florida ER
Sharon R. Bock,CLERK & COKPTROLL
Pgs 0054 - 59; (6pgs)
~EcotWeD B {);JO
PUBr:JC CONSTRUCTION BONo
BOND NUMBER:
6610
BOND AMOUNT:
$100,000.00
CONTR.-\CT AMOUNT:
$100.000.00
CONTRAcrOR'S NAME:
S & F Construction, Inc.
CONTRACTOR'S ADDRESS: 2180 S.E. 1st. St.
Boynton Beach, FL 33435
CONTRACTOR'S PHONE:
(561) 737-4175
SURETY COMPANY:
First Sealord Surety, Inc.
SURETY'S ADDRESS:
4901 NW 17th. Way
Ft. Lauderdale, FL 33309
(954) 351-2030
OWNER'S NAME: PALM BEACH COUNTY
OWNER'S ADDRESS:
3200 Belvedere Rd., Building 1169
West Palm Beach, FL 33406-1544
O\vt-.'ER'S PHONE:
(561) 233-0200
DESCRIPTION OF WORK:
Annual Contract: Pavilions, Shelters and
Sheds Proiect #05569
PROJECT LOCATION:
various locutions in Palm Beach County
LEGAL DESCRIPTION:
publicly owned properties of Palm Beach
County, Florida
67
KNqW ~MFNByfHESE PRE~ENTS: Thill First$e"lpfdc $urety>cIpc., a
'Compall}f) has made. constituted and appointed, and by these presents doe
. , John S. Harris and/or Elaine F. Harr
its true and lawfuIAttomey-in-Fact, to make, execute and deliver on its behalf insurancepolici
similar nature as follows:
This appoinbA,en! is .flli3de Pllrsuant t.9tbe folloWing E>y-Laws""hich were. duly ado
~~l ~11~T~~Wr~~ith~~~~~and ar7~till in ful.tforce and effect:
,. '. ,-li""'::';':';- {',,'_':;:""""!';';;'-':::,' ' "':j;:',',':':;:,:_" - '
~ArticleXII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety,
SecURIJ12-1.Jn~ura.nce policies, bonds, recognitions, stipulations, consents of surety and uncje,I)Vriting
agreel'(lent,s .and other-,wri~fl9s relating in anY'f'ay thereto or to a~y claim Or loss .thereunder s be.sl
C~ti8fl:;...)~y.~~ql;J~irm~niof the B\?arcj; tbe ~resid~Qt Q~.a'Vi \,~!eside.~,~~llf
in.-f~9.lf9f)'~~rfltion:appointed ancj authorizedbYitbeCH~lnna . . 'e Bq~i
SUchcrther otrlCef"s 'or representatives as the Board may from time to timedeterml
a.nY!},I,Ich/pflj~r,A,~mEly-in-Fact or representative. The authority pf such Attprpey~ifl-
ev!d~!)(;irig, th,eirappointment.. Any such appointment and. aU authority gr~nted thereby
person. "'," ;.i;m!pq.vElr~ tq make such appOintment.." - .
, " ',i:- "';:~\:;I':"'~/:> "'::.,',J"::' - ::':',(:;~""':ii>"''',J . "'-.,-'-- ',-' --'-< _,',
IN'WIlJ'AFSSVIlHEREOF;first Sealord Surety,lnc:hascaused theseprese ,
atteste~':ihis7tt! day of April, 2003.' . .
~c~
/'
Gary L. Bragg, Secretary
CornI'(lqpwe~lth,of Pennsylvania
COU,)'!Y9fMOotgor:nerY ' . " .'
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On'~7th day.of April, 2003. before me personally appeared Keith Yam, Sr.
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J. MiChael fallawa CIC 'LAUf ~~~
@ACORD CORPORATION 1986
City of Bovnton 8each
Attn: Tara' Bre'Wtl
100 East 8oynton Beach Boulcva
Bo~nton Beach. fL J341S
VI.-cONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FOKlVI
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]7,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21,2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 2],2006 (Noon)
D January] 7, 2006 January 3, 2006 (Noon) [8J March 2], 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE 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
RECOMMENDATION: A motion to award the "PAINTING OF MANGROVE PARK- EXTERIOR PAINTING,
WALKWAYS, RAILINGS, METAL GAZEBO STRUCTURE", Bid# 017-2413-06/CJD to Gustafson Industries, Inc.
of Boynton Beach, Florida in the amount of $38,500.00.
EXPLANATION: On February 23, 2006, Procurement Services received and opened three (3) bids. The proposals
have been reviewed and it was determined that GUSTAFSON INDUSTRIES, INC. of Boynton Beach, Florida was the
most responsive, responsible bidder who met all specifications. George Mantell, Project Manager, concurs with this
recommendation, (see attached memo #06-030).
FISCAL IMP ACT:
BUDGET ACCOUNT#:
302-4299-580-49-17
EXPENDITURE:
$38,500.00
-" .....,-.;
"--, -..-'
PROGRAM IMPACT: The purpose of this bid was to seek a contractor for the prepping and painting at:JM:angrOY~
Park of the walkways, railings, and the metal gazebo structure. ~ .<
::.:'"";.-!
Procurement Services
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
George Mantell - Engineering Project Manager
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-030
TO:
Mary Munro
Assistant to the Finance Director
Financial Services Department
FROM:
George Mantell @
Project Manager
Public Works Department/Engineering Division
DATE:
February 27,2006
RE:
Mangrove Park Exterior Painting
Walkways, Railings, & Metal Gazebo Structure
Account #302-4299-580.49-17 CP0640
Please find the attached documentation for your consideration on the exterior painting at
Mangrove Park. I have received three (3) bids. The first was for $9,200.00, which, in my
opinion, is not a realistic bid to complete this project in accordance with specifications and
conditions. After reviewing the other bids for $38,500.00 and $48,600.00, I recommend that we
issue a Purchase Order to Gustafson Industrial based on their bid of $38,500.00.
I would appreciate your department preparing the necessary paperwork.
If you have any questions in this matter please advise me at ext. 6486.
Thank you for your help.
GM/ck
Xc: Jeffery R. Livergood, PE, Director of Public Works
H. David Kelley, Jr., PE/PSM, City Engineer
David Stump, Project Manager
S:\Engineering\Csd\Projects\Mangrove Park Gazebo Structure Painting\Memo to Finance 02-27-06, Bid Recommendation.doc
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VI.-CONSENT AGENDA
ITEM C.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17,2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) [8J February 28, 2006 February 6, 2006 (Noon)
D 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 D 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
RECOMMENDA TION: Approve Resolution authorizing acquisition of Commercial Condominium Units designated as
Parcels 101, 102, 104 and 209 within First Financial Plaza in the Ocean One Project with possible eminent domain, as needed
and confirmed by the City Commission.
EXPLANATION: The CRA Board at their January 10,2006, meeting requested that the City work with the CRA in
certain land acquisi.tion for redevelopment activities in the Federal Highway Corridor Community Redevelopment Plan
adopted by the City Commission as part of the CRA's Community Redevelopment Plan. The Plan was approved by the City
Commission as Ordinance 001-20 on May 15, 200 l. In addition, the City previously adopted Ordinance 98-33, establishing
this area of the community as a qualified redevelopment area pursuant to FSS 163.360. The Resolutions set the stage for
cooperative work between the City and the CRA to facilitate the purchase of property for redevelopment either by voluntary
purchase (preferred mode) or by eminent domain. The City Commission retains the sole authority to authorize eminent
domain for property purchases.
PROGRAM IMP ACT: The Resolution is necessary to proceed with the Ocean One Project.
FISCAL IMPACT: The costs associated with property research, appraisals, survey, legal, acquisition and relocation
assistance, as needed would be borne by the CRA.
ALTERNATIVES:
Department Head's Signature
~!A-O ,
City Manager's Signature
City Manager
Department Name
~
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, DECLARING THE PUBLIC
5 NECESSITY OF ACQUIRING THE COMMERCIAL
6 CONDOMINIUM UNITS DESIGNATED AS SUITES 101, 102, 104
7 AND 209 WITHIN THE FIRST FINANCIAL PLAZA FOR THE
8 PURPOSE OF ACQUIRING FEE SIMPLE, REQUIRED FOR THE
9 ELIMINATION OF BLIGHT AND SLUM AND FUTURE
10 CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S
11 ORIGINAL REDEVELOPMENT AREA WITHIN THE CITY OF
12 BOYNTON BEACH, FLORIDA; PROVIDING FOR AN EFFECTIVE
13 DATE.
14
15 WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") has
16 formally requested and the City Engineer has recommended that the acquisition of certain
17 real property as a Fee Simple estate is necessary in order to eliminate blight and slum and
18 for the construction of future improvements to the Ocean One project area; and
19 WHEREAS, the funds are available for the acquisition of these needed parcels; and
20 WHEREAS, this Board finds and agrees that the acquisition of the real property
21 described in composite Exhibit "A" as a Fee Simple estate is for a public purpose, to wit:
22 Fee Simple estate essential for elimination of blight and slum and certain future
23 improvements to the City's original redevelopment area pursuant to the Federal Highway
24 Corridor Community Redevelopment Plan adopted by the City Commission as part of the
25 CRA's Community Redevelopment Plan; and
26 WHEREAS, in order to accomplish the acquisition of the needed property for a Fee
27 Simple estate, it is necessary for the City Engineer and the City Attorney to take legal action
28 and to employ real estate appraisers and other experts deemed necessary.
29
NOW, THEREFORE, BE IT RESOLVED BY CITY COMMISSION OF THE
2 CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and
4 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
5 hereto are hereby incorporated herein.
6 SECTION 2. It is necessary, serves a municipal and public purpose, and is in the
7 best interest of the City of Boynton Beach to acquire the fee simple estates as set forth in the
8 attached Exhibit "A", to eliminate blight and slum and for the future improvements to the
9 City's original redevelopment area.
10 SECTION 3. That the properties described in composite Exhibit "A" attached
1 1 hereto as commercial condominium units designated as suites 1 01, l02, 104 and 209 and the
12 same are hereby ratified, confirmed and found to be necessary for acquiring the fee simple
13 estate to eliminate blight and slum and for the future improvements to the City's original
14 redevelopment area. The City of Boynton Beach shaH acquire fee simple title to said parcels
15 by gift, purchase, or eminent domain as described in Chapter l66, Florida Statutes, and
16 Chapters 73 and 74, Florida Statutes. That acquisition of said parcels for this project are
17 necessary and serve a public purpose.
18 SECTION 4. The City Attorney shall first attempt to acquire the property through
19 negotiations at a price agreeable to both the seHers, if found and determined, and the City of
20 Boynton Beach; however, if such negotiations fail within a reasonable time from the
21 enactment ofthis Resolution, the City Attorney or the City Attorney's designee is authorized
22 and directed to institute a lawsuit in the name of the City of Boynton Beach, Florida, and in
23 the exercise of Boynton Beach's powers of eminent domain for the purpose of acquiring the
2
parcels described in composite Exhibit "A", attached hereto, and is further authorized and
2 directed to do all things necessary to prosecute such lawsuit to final judgment. In pursuit of
3 such authorization and in direction, the City Attorney or his assistant or designee, is
4 specifically authorized to sign and file a Declaration of Taking so that the City may avail
5 itself of the provisions of Chapters 73 and 74, Florida Statutes, and the City Attorney or his
6 assistant is further authorized to accomplish the acquisition of said parcels by settlement and
7 compromise in those instances where same can be effected in accordance with the terms,
8 conditions and limitations established from time to time by the Boynton Beach City
9 Commission.
10 SECTION 5. This Resolution becomes effective immediately upon its passage and
11 adoption.
12
PASSED AND ADOPTED this _day of
,2006.
13
CITY OF BOYNTON BEACH, FLORIDA
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31 City Clerk
32
33 (Corporate Seal)
By:
MAYOR
Vice Mayor
Commissioner
Commissioner
Commissioner
3
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/ ' \.
i 1
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VI.-CONSENT AGENDA
ITEM C.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
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17,2006
November ]4,2005 (Noon.)
December 5, 2005 (Noon)
December] 9,2005 (Noon)
January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[8J Consent Agenda
D Public Hearing
D Bids
D Announcement
D 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 2 I, 2006
D March 7, 2006
[8J
January 17,2006 (Noon)
February 6, 2006 (Noon)
February 2 I, 2006 (Noon)
.~-'
March 2], 2006 March 6, 2006 (Noon) \ ..-~,
-\I ,- ,
ill -
CD it
D Development Plans N
-_1 .-
.-
D New Business c....
'~J --
- "--"
D Legal .. "--.-
f:? I .~
D Unfinished Business .'-q '-'-'
<::::J . ~- rTi
C)-,>
D Presentation '- ,i-1n
RECOMMENDATION: Ratification of a Memorandum of Understanding between the City of Boynton Beach and the
Palm Beach County Police Benevolent Association ( Lieutenants) for the purpose of clarifying longevity benefit language.
EXPLANA TION: The Longevity Articles of the Collective Bargaining Agreements for Police Officers and Sergeants both
contained language that was inadvertently left out of the Lieutenants Collective Bargaining Agreement. Article 48, Section 4
of the Lieutenants Collective Bargaining Agreement should contain the language as state in the Memorandum of
Understanding simply as a point of clarification.
PROGRAM IMPACT: None.
FISCAL IMPACT: None.
AL TERNA TIVES: Do not ratify the Memorandum of Understanding to clarify the language contained in the Longevity
Article of the Lieutenants Collective Bargaining Agreement.
~-
Department Head's Signature
City Attorney
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
I
2
3
4
5
6
7
8
9
10
11
12
I3
14
15
16
RESOLUTION R06-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
BOYNTON BEACH, FLORIDA AND PALM BEACH
COUNTY POLICE BENEVOLENT ASSOCIATION
(IJEUTENANTS) FOR THE PURPOSE OF
CLARIFYING LONGEVITY BENEFIT LANGUAGE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach and the Palm Beach County Police
17
Benevolent Association (Lieutenants) have entered into a Collective Bargaining Agreement
18
for the time period October 1,2004, through September 30,2007; and
19
WHEREAS, the parties desire to clarify the language contained In Article 48,
20
Longevity by entering into the Memorandum of Understanding, a copy of which is attached
21
hereto and incorporated herein by reference and which has been ratified by the Union; and
22
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
23
the best interests of the residents and citizens of the City to ratify this Memorandum of
24
Understanding;
25
26
27
28
29
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "WHEREAS" clauses are true and correct and hereby
30
ratified and confirmed by the City Commission.
31
32
Section 2.
The City Commission of the City of Boynton Beach, Florida does
S:\CA\RESO\Agreements\MOlJ - Longevity (Lts).doc
hereby ratify the Memorandum of Understanding between the City of Boynton Beach and
2 the Palm Beach County Police Benevolent Association (Lieutenants) to clarify the longevity
3 language contained in the Collective Bargaining Agreement, a copy of the Memorandum of
4 Understanding is attached hereto and made a part hereof.
Section 3.
This Resolution will become effective immediately upon passage.
5
6 PASSED AND ADOPTED this _ day of March, 2006.
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
II Mayor
12
I3
14 Vice Mayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 ATTEST:
25
26
27 City Clerk
28
29 (Corporate Seal)
30
31
"\RESO\Agreemenls\MOU ~ Longevity (Lts).doc
MEMORANDUM OF UNDERSTANDING
The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM
BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") enter into this
Memorandum of Understanding to clarify and modify the provisions of the Lieutenants
current Collective Bargaining Agreement between the City and the PBA and agree as
follows:
1. Article 48, Longevity, Section 4, shall be revised to add the following
explanation to the language currently contained therein, which was
inadvertently omitted from the Lieutenants Agreement:
By way of example, a member who has twelve years of service on
October I, 2004 will receive a longevity benefit lump sum
payment of $1,000.00 (10th anniversary). That member's next
longevity benefit lump sum payment will be $1,500.00 on the
employee's 15th anniversary.
2. This Memorandum will become effective the date it is ratified by both the
City Commission and bargaining unit.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
City Clerk Kurt Bressner, City Manager
~.
Lawrence Fagan, PBA Attorney
PALM BEACH COUNTY POLICE
BENEVOLENT ASSOICA TION
Date ratified by CITY
Date ratified by PBA. eX J & / {"/&;
I I
,2006.
,2006.
F:\Boynton Beach\PBA Lts Longevity MOU.doc
~ lJ I' I(r_~i \S-:) i; c~ 1 i --\ V/
PALM BEACH COUNTY ~(- -' w u
POLICE BENEVOLENT ASSOCIATION, INC. J FEB 1 52006
CI'Ir
AT10RNEf
MAILING ADDRESS
1100 N. Florida Mango Road
West Palm Beach, FL 33409-6400
(561) 6&9~3745
(561) 687~0154 Fax
r.~
ADMINISTRATIVE OFFICES
2]00 N. Florida Mango Road
West Palm Beach, FL 33409~6400
(561) 6&9~3745
February 14, 2006
James A. Cherof, Esquire
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Memorandum of Understanding - Lieutenants
Article 48, Longevity
Dear Mr. Cherof:
Enclosed is the original Memorandum of Understanding, which has been
ratified by the PBA. Please provide us a copy once ratified by the City.
Thank you.
Sincerely,
'1::!~y
Legal Assistant
:ii'1r
Cc: PBA Reps
The Voice of Palm Beach County's Law Enforcement
Ernest W. George, President ~ John Kazanjian, Ex. Vice President ~ Robert Provost, Vice President - Lou Penque, Treasurer ~ Vincent Gray, Secretary
!:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORi.,.
VI.-CONSENT AGENDA
ITEM C.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill
Meeting Dates in to City Clerk's Office Meetinlo! Dates 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)
0 January 3, 2006 December] 9,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 2, 2006 (Noon) [8J March 21,2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing D Legal ,
; -~ -',
0 -'-
0 Bids Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report I
r.......) -
,.;--
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J
RECOMMENDATION: .r::'~'.;(.G
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Jiiyia l)ia1~for
the property at 1106 Highland Rd, Lantana, FL (Ridge Grove L TS 42&43). ,.... : j;~
EXPLANATION:
The parcel covered by this agreement includes a single-family bome located in tbe San CastlelRidge Grove project
area. Only potable water is available for connection to tbe property at tbis 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 bas recently been completed on tbis street, allowing for tbe service to tbis parceL No
additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
. S: None. This parcel is within the Utilities service area.
\AAA - .c::::-
Department Head's Signature
Utilities
Department Name
City Attorney I Finance I Human Resources
XC: Uter 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
8 CITY OF BOYNTON BEACH AND ELVIA DIAZ ;
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 I 106 Highland Road, Lake Worth, Florida (Ridge
14 Grove, Lots 42 and 43); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in the San Castle/Ridge Grove project area; and
17 WHEREAS, a water distribution main has recently been completed on this street,
18 vicinity, allowing for the service to this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed 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 hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Elvia
28 Diaz, which Agreement is attached hereto as Exhibit "A".
29
Section 3.
This Resolution shall become effective immediately upon passage.
30
S:\CA \RESO\;\greements\Water Service\Diaz Water Service Agreement.doc
I
2
3
4 PASSED AND ADOPTED this _ day of March, 2006.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
10
11 ~ayor
12
13
14 V ice ~ayor
15
16
17 Commissioner
18
19
20 Commissioner
21
22
23 Commissioner
24 Attest:
25
26
27 City Clerk
28
29
30 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Diaz Water Service Agreement.doc
Google Local - I] 06 Highland Rd, Lake Worth, FL 33462
Page 1 of1
http://maps. googIe. coml
3/2/2006
THIS F'-iSTRUMENT PREPARED BY:
trr ~ @""", WI ~ @
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CtJSJj f€\i 1ob&
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C\\S1~IDAtS
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Jani', ( 'herof, Esquire
(Jor,',: Cheraf: Doody & Ezrol, P,A.
3099 East Commercial Blvd.
SUIte 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
, THIS AGREEMENT made on this _ day of ~ ~ , 200~, by and between
t:-IV.O-. P J:>IQ L- hereinafter caned the "Customer", and the
CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter caned
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 ofthe property to be serViced into the City
at the earliest practicable time.
NOW THEREFORE, for and in consideration ofthe 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:
I. 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 / t g Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay an 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 instaHation in confonnance with all codes, rules and regulations
applicable to the installation and maintenance of water service lines upon the Customer's premises.
All such lines shaH 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
nc <lry to conform the lines or the City may have the work performed on behalf ofthe Customer,
in which case the Customer will pay in advance all estimated costs thereof In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owner.
6. The Customer agrees to pay all charges, deposits and rates for service and equipment
in connection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option ofthe City at any
time the property is eligible under any available means or method for annexation. Customer will
infornl 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 COJll1ecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in Paragraph 1 ofthis Agreement. This Agreement and the power of attorney referenced
herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding
on the Customer and all subsequent transferees, grantees, heirs, successors and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1~6"{)6doc
2
pre f;;strictions, limitations or requirements ofJocal, regional, State or Federal agencies or
Of having jurisdiction over such matters. Also, the City shall have no liability in the
e\c a reduction, impairment or termination of water service due to acts of God, accidents,
St1,~ [ts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City;.; l,,~ "1able control.
1 , 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 'I in their individual and official capacities) from and against all claims, damages, law
suits penses including reasonable attorneys fees (whether or not incurred on appeal or in
com1e~ [1'_, 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
S:\CA\AGMTS\Wak' Service\Water Service Agreement ~ Rev 1-6--06.doc
3
AGRKEMENTFOR 'VATER SERVlCE OUTSIDE THE CITY LIMITS AND
COVENANT "'OR ANNEXATIO~ BIg'WEEN THE CITY OF BOYNTON BEACH AND
EJ U ICe -r 1) 10- L. (INSERT NAME)
.:Y\....
--:_ {tIN WlTNESS WHEREOF, the parties hereto have set their hands and seals this ()2_(~ day of
V 0V~ ~_ .. ,200&..
-~-~---~CJ -~.-- u
WlTNESS:
7;;;~ 7fI~
W:i~ess Signature
Va-!OCj'e..- M oC(J::5
Printed Witness Name
INDIVIDUAL(S) AS OWNER(S):
7
/
f
Owne~Si ture f?\ (";) /
" ~-/t .J~ Y---~~11-7)
Printed Owner Name
Printed Witness Name
Witness Signature
Owner Signature
Printed Witness Name
Printed Owner Name
Witness Signature
Plinted Witness Name
FOR IND1VIDUAL(S.) NOTARIZATlON:
STATE OF fl~ )
n ) ss:
COUNTYOFIMy)! ~)
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
C-I \h'~ ~ D I Q ?-. 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:F"OL * -00<.00 -;:;{ 1'5 -9.:>- to q q - 0
.JV'--
____ WlTNESS my hand and official seal in the County and State last aforesaid this t} 7 day of
t--e~ ,200~.
.J)~ "tI... Nola1y Public State of Florida
.~~1 -"1.. c
amI A Mahoney
~ ( '.Ji> My Commission 00460414
~~...d". Expires08l1012009
My Commission ex
(Notary Seal)
~JiCvl (loJ~
AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND
COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
E I Vi Ct (), q""A (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
ATTEST:
Kurt Bressner, City Manager
City Clerk
Approved as to form:
City Attorney
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 , 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 this
,200_.
day of
(Notary Seal)
Notary Public
My commission expires:
S:\CA\AGMTS\Water ServicelWater Service Agreement ~ Rev 1~&-06.doc
5
Palm Beach County Property ^ppraiser Property Search System
Page 1 of 1
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Location Address: 1106 HIGHLAND RD
Property Information
Municipality: UNINCORPORATED
Parcel Control Number: 00~43~45~09~08~000-0420
Subdivision: RIDGE GROVE IN
Official Records Book: 09732 Page: 0184
begal Description: RIDGE GROVE LT5 42 & 43
Sale Date: Apr-1997
Owner Information
Name: DIAZ ELVIA P
1~6Ilt~-"""'4l\
Mailing Address: 1106 HIGHLAND RD
LAKE WORTH FL 33462 611 2
Sales Information
Sales Date
Apr-1997
Book/Page
Q~732/QI8~4
Price ~1tlYQ.!"
$100 Q un CLAIM
Owner
Feb-1985
0448.11.0_1JJ'i
$45,000 WA RRANTY DEED
Jun-1979
03091/041~
$31,500 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:
2005 2004 2003
$43,927 $39,943 36 342
$33,689 $18,5H 16,640
$77,6U $58.453 52 982
Tax Year 2005
Number of Units: 1
"Total Square Feet: 974
Use Code,: 0100
Description: RESIDENTIAL
* in residential properties may indicate living area.
ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $35,599 $34,56 $33,918 ~
Exemption Amount: $25,00C $25,00 $25,000
Taxable Value: $10,599 $9,56 $8,918
A
d
dT
bl V I
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005 2004 2003
$202 $187 $174
$243 $191 $192
$445 $378 $366
~
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Record Sl;arcb I IDformatiQ[! I !;)(~mDtions I Community I Employment I tiew HomeJilJ~r I QfflceLocatior};>
\,taluelliJiustment Board I Save. Our:_ Homes I Senior Comer I Disclairn.;r
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Structural Detail
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BlllDINC ) I BUlLlJING 2 BlilU)JNG 3 nULDlNG 4
Structural Element for Building 1
1. Exterior Wall 1
2. Year Built
3. Air Condition D esc.
4. Heat Type
5. Heat Fuel
6. Bed Rooms
7. Full Baths
8. Half Baths
9. Exterior Wall 2
10. Roof Structure
11. Roof Cover
12. Interior Wall 1
13. Interior Wall 2
14. Floor Type 1
15. Floor Type 2
16. Stories
Extra Feature
Description
No Extra Feature Available
CB STUCCO
1947
NO HTG/ AC
NONE
NONE
3
1
o
N/A
GABLE/HIP
ROLLED COMP
WAll BD. I WOOD
N/A
WOOD FINE/SOFT
N/A
1
Subarea and Sq. Footage for Building 1
No. Code Description Sq. Footage
1. BAS BASE AREA 400
2. UST UNFINISHED STORAGE 121
SFB SEMI FINISHED BASE 453
3. AREA
Total Square Footage: 974
Total Area Under Air: 853
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Year Built
Units
Land line #
1.
Description
SFR
Detailed Land Information
Acres
Zoning
RM
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Units
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Value Adjustment Board' ~ave Our Homes I Senior Corner I Disdail11~
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(0 2004 Palm Beach County Property Appraiser.
http://www.co.palm-beachJl.us/papa/aspx/web/ detail _info2 .aspx?p _ entity=004 34 5090800... 2/27/2006
All OWI1('
Page 1 of 1
All 0\'
peN NumtJc'
'J-45~09~08~OOO~0420
O'll/l'iC:f
DIAZ ELVIA P
http://WW\V.CO.r.!..1~bcach.f1.us/papa/aspx/web/allOwner.aspx?entity _id=00434509080000... 2/27/2006
THIS INSTRUMENT PREPARED BY:
James A. Cherol. Esquire
Gore". Cherof, Doody and Ezrol. PA
3099 Ebst Commercial Blvd.
Suite 200
Fl. lauderdale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?~htt ~CAA
I/We,
~lchR.- f, VI00
, 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 descnDed 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:
PCN No.: OO-l{ 3 - l/':; - oq - D 'i' OJ 0 - 0 If;).-O
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
Q10
shall commence and be in full force and effect on the //' day of
FLORIDA,
1~
o
, 20!i:e... and the powers and authority shall be irrevocable by Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the () 7~ay of
f 0~ ' in the year 20CJ.f.
Sealed and delivered in the presence of
(~;~/ fJ1{ldff
W!tpess Signature
~(on'p J1 Oa-i:.:J
Print Name
~~
:fU(}J T /./ /l ~
Print Name /
~~-
Owner Si - l'(t:cu
'f 2..::: It.JJ1' (40
Print Name
Witness Signature
Owner Signature
Print Name
Print Name
Witness
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF PALM BEACH )
~ FOREGOING INSTRUMENT was acknowled~ed before me lhis i3 '1 '/>A. day of
, 200<0, by t:h)\~ f J)K(?..... and
. , who are known to me or who have produced
.:f1)L.tt- D?cO -;) IS- - 5b -(04 q - 0, as identification and who did! did not take an oath.
!~'-
\;". ,.:~
Notary Public Stale of Florida
Carol A Mahoney
My Commission 00460414
Expires 0811012009
e(l~4 (~
~.. ARY P!}BLIC
(0\ fr VYto--t10R9
Type or Print Name
Commission No.
My Commission Expires:
S:\CA\AGMfS\Water Service\power ofatty.doc-l-*%
H:\I990\900} 82.BB\AGMf\Power of Anorney-lnd 1-30-06.doc
gO 01
00'f00 b4 63qJ62
I I
I
...
1 in. = 44.6 feet
I 0420 44 45 46 0470 0481 04
I~I
I 39 0370
0330
32 0
0170 19 0200 0220
11 06 Highland Rd
CJ{
y
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
VI.-CONSENT AGENDA
ITEM C.4.
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meetinl! Dates
Date Final Form Must be Turned
in to City Clerk's Office
January 2, 2006 (Noon)
o February 7, 2006
o February 2 I, 2006
D March 7, 2006
IZI March 2] , 2006
January J 7, 2006 (Noon)
0 December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January J 7, 2006
November 14,2005 (Noon.)
December 5, 2005 (Noon)
February 6, 2006 (Noon)
December 19,2005 (Noon)
February 2 I, 2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
IZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
D
o
o
--,';.:;
Legal
Unfinished Business
Presentation
1
N
---0
:1;':
,-
-
.'
,; --.
.'-" :..~ '~:(\
--""'"
.oJ
..:.~;
',::C.
RECOMMENDATION: ',-~
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Guenter
Goertz & Carlos Casanova for the property at 1184 Alto Rd, Lantana, FL (Ridge Grove Add No 1 Lt 303&304).
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
Utilities
Department Name
\ : None. This parcel is within the Utilities service ar
City Attorney I Finance I Human Resources
XC: 0v'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 WA TER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND GUENTER GOERTZ AND
9 CARLOS CASANOVA; PROVIDING AN EFFECTIVE
]0 DATE.
11
12
13 WHEREAS, the subject property is located outside of the City limits, but within our
] 4 water and sewer service area, located at 1] 84 Alto Road, Lantana, Florida (Ridge Grove
] 5 Addition No.1, Lots 303 & 304); and
]6 \VHEREAS, the parcel covered by this agreement will include a single-family home
] 7 in San Castle/Ridge Grove project which only potable water is available for connection at this
18 time; and
19 WHEREAS, a water distribution main has recently been completed on this street
20 allowing for the service to this parcel; and
2] WHEREAS, no additional construction will be required by the City to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
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 hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
S:\CA\RESO\Agreements\Water Service\Goertz Water Service Agreement.doc
1 Guenter Goertz and Carlos Casanova, 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 March, 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
28 City Clerk
29
30
31 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Goertz Water Service Agreement.doc
GoogJe Local - 1184 Alto Rei, Lantana FL 33462
Page] of I
Go gle
http://maps. googJ e.coml
3/2/2006
TH1~ n'~STRUMENT PREPARED BY:
Jm,\ Cherof, Esquire
309 Easi Commercial Blvd.
Suite 200
FL Lauderdale, FL 33308
AGREEMENT FOR WATER SERVlCE OUTSIDE
THE OTY LlMlTS AND COVENANT FOR ANNEXA nON
TillS AGREEMENT made on this _ day of ,,200_, by and between
~ VI",^" I-<-v ?, 0 C"f 1-1 - c.~ O} (et ~ Of .Nt 0 If 01 hereinafter calledthe "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 jurisdictional limits of tbe City of
Boynt on Beach, Florida; and
".
WHEREAS, Customer has requested that the City of Boynton Beach, FJorida 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 tbe 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 ~ Equivalent Residential
Connections which City shall service.
3. The Cusfomer 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 responSlble for installation in confonnance with all codes, rules and regulations.
applicable to the installation and maintenance of water s~rvice lines upon the Customer's premises.
1
All ~llch lilies shan be approved by the DiJector of Utilities and subject to inspection by the Oty
En;ITns. The City shall have the option of eithcJ requiring the CustomeJ to perfoml the wOIk
neCtssary to confonn the lines or the City may have the work perfoillled on behalf of the Customer,
in whicb case tbe Customer will pay in advance an estimated costs theJcof In the event the City has
such work perfonnecI, 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 meteJecI service to Customer shall be vested in the City
exclusively unless otherwise conveyed or abandoned to the property owneL
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.aJ;ld rate
schedules which are applicable which may be changed from time to lime.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for annexation. Customer will
inform any and all assigns or purchasers of any or part of this property of this covenant and of the
irrevocable special power of attorney, but Customer's failure to provide such notice shall not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the consideration of initially connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
2
9. Armexation 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 att orney referenced herem 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. Jt is agreed that the City shall have no liability in the event there is a reduction,
impairment or tennination m water service to be provided under this Agreement due to any
prolnbitions, 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 cifcumstances beyond the City's
reasonable control
11. 1be 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 mdividual and official capacities) from and against all claims, damages, law suits and
expenses including reasonable attorneys fees (whether or not incurred on appeal orin connect:i9n 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.
] 2. 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.
]3. The Customer warrants to the City that Customer holds legal and beneficial title to the
property which is the subject of this Agreement.
. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this \ Oth day of
~bN-Q:(,'1 ,200k.
?L~~ ~.
C~-~-
Witness Signature
" \,\('}. <'\ C ~~ \('~A r>
Print
INDIVJDUAL(S) AS OWNER(S):
-t. 7-<- ~ -;
Owner Signature
&; v1hV1 4.,.,(:., o~y f +
Printed Owner Name
ness Signature
(otJr~ f../ (lI ru(IwrYL
Printed Wilne Name
C VI y f 0"> C VI .1 01/Vl 0" e-s
3
L<~':' ,-,-;c:-~---~~-~~-~
/~
~~
-
{f tM..-, ~. Or t; a (' y h
Printed Witness Name
FOR INDIVJDUAL (S) NOTARlZATION:
.~~
STATE OFYLORJDA )
PTB~D ) ss:
COUNTY OF-PALMBE\CH)
Signature
.~(~ >~_lM2~tJO~ ~_nn
Printed Owner Name
1 HEREBY CERTIFY that on this day, before me, an officer duly autborized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
c;,U~~\ . E1cer~ .6.~:> Co.;S(l 'f'l::SVQ.- to me blown 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: d\,\\Al;\6 \\<:0 Y\ ~ ,
WITNESS my hand and official seal in the County and State last aforesaid this ~ day of
_Feb-<U.Q.'C'" , 200k
f ~,"'"II11"",,,,Iq.
~ ~NE It ~II~~
~."" ......... AI( ~
,-," .' '. -' >:.
f! ~/ ...v.y P(J ....~ ~
;:f . ~r" 8. ~
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.::; : ~ Q" i
~ : : i
:: . . ::
\i ~~ ~f I
\.. "'~I> ......-r:.. ill:
". '" OF ,v.' jJ
...~~PIRE~.... ~
~o~ i"B~200ro.,,#~
"'llllliHlllmllll~"
(Notary Seal)
WITNESS:
STATE OF FLORIDA )
CITY OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
A TIEST:
City Clerk
4
STATE OF FLORlDA )
) 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 and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowledged
executing same in the presence of two subscribing witnesses freely and voluntarily under authority
duly vested in them by said City and that the City seal affixed thereto is the true corporate seal
affixed thereto is the true corporate seal of said City.
WITNESS my hand and official seal in the County and State last aforesaid this
, 200_.
day of
(Notary Seal)
Notary Public
Approved as to fonn:
City Attorney
"*'--
5
Palm Beach County Property Appraiser Property Search System
Page] of2
~V(.",~'I"'~:-'7~Ff~-SP"'s;' l~:'\~ ~ Propsriy Aopr 31se r' <; PI; btle A ~: e~ <: ;::,,<;' 0 'I
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Property Information
location Address: 1184 ALTO RD
Mu nicipality: UNINCORPORATED
Parcel Control Number: 00-43-45-09-09-000-3030
Subdivision: RIDGE GROVE ADD 1 IN
Official Records Book: 18099 Page: 488 Sale Date: Jan-2005
legal Description: RIDGE GROVE ADD NO 1 LTS 303 &. 304
Owner Information
Name: BRENN BURTON E
1i!1'~ADrc''''.""",,1
Mailing Address: 4814 GATEWAY GARDENS DR
BOYNTON BEACH FL 33436 1425
Sales Information
Sales Date Book/Page
Price S_aleJ'j'~
Owner
~~"""'~,,I
Jan-2005 180~~/04lJ~ $125,000 WARRANTY DEED BRENN BURTON E
Oct-2004 17761/0625 $78,000 WARRANTY DEED MJ REALTY SOLUTIONS LLC
Jun-2002 13895/1217 $10 WARRANTY DEED KELLY JONATHAN
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
I)s~~~9de: 0100
2005 2004 2003 Tax Year 2005
$4 7.40- $40.17 $38,29 Number of Units: 1
$33,681 $18,51 $16,641 *Total Square Feet: 906
$81,09 $58,68 $54,93
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year: 2005
Assessed Value: $81,09
Exemption Amount: $
Taxable Value: $81 09
2003
$54,93
$
$54,93
~mmu~
T VI
~ ax a ues
Tax Year: 2005 2004 2003 _na"t:~
Ad Valorem: $1,54 $1,145 $1,074
Non Ad Valorem: $24 $191 $192 I"""'~';'~~~I
Total Tax: $1,78 $1,336 $1.266
'~~""'1lI r.......'a......'...,.,1 ~,,:,W"'-'jl"""~,"''''''''''',,1
NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
B-~SQ[cJ~~~llrch I Information I ~~tions lJ:gmmunih' I !:1]}Qi()~ill J New Home Buyer I Qffi(&Lo~tiQn!;
\i'allJE:.Mrugmellt!lQi3r:9 I ~veQJ1rHOllles I Senior <::grl}E:.r I pj!;cli31rTl~r
http://WWW.CO.Palm-beach.fl.us/papa/asPx/Web/detail_info.asPX?p~entity=0043450909000...2/2.4/2006..f1
r:-vl~J'f-\-
Feb-14-06 04:34P Guenter Goertz
561-748-04B5
P.02
111~mnll~III.'IU~I~'11
~
"'\.~HS 'NSTRl,MENT PREPAPEC &" .<,r:O RETURN '0.
Jonathan Cooper
ATLANTIS TIRE COMPAN', CF ?ALM BEACH. l~;C.
9816 SOUTH MILITARY T"lAIL
BOYNTON BEACrl. Fl 33":;';
CFN 20050721778
OR BK 19573 PG 0440
RECORDED 11/23/2005 ~9:1b:10
Pal. B~BCh Co~ntv. Flo~ida
A~T 10.00 .
Doc Sta..p ~,70
Sharon R. Bock,CLERK & CO~PTROLLER
Pg 0440; t Ipg)
Property .Ap~raiser~ Parcel Icktntif};.;atior. ~Foljo) Nl.Jmber~:
o 0-43- 45-09-09~OOO-:!030
Grantees. 55 *5:
..________._____SP.tlcr AfOlii:: THJS LINE FOP p.ECOPDING O.4lA~____ --"-
THIS WARRANTY DEED. made the 21$t day 0' October. A.D. 2005 by BURTON E, BRENN. A MARRIED
MAN. h.reln cailec ,he 90nter. 10 GUl:NTER GOERTZ, A MARRIED MAN, and CARLOS CASANOVA, A
MARRIED MAN ..no.e post oftice address is 220 CANTERBURRY OR. WEST. PALM BEACH GARDENS, FL
33418. herelna~er caited The Grantel?s:
,W'III1Y." u.e:i ~.'II" ..... U,"",$ ",., "r:::,," ..r"d "9"iH..I.." ,..cl",):..1I tl". p."l:.. :=:;. !",. '""t"umlor.t OJ,.." lh!t l1~ilL ;8':::' ....F'II ,."!..-,....O5 ll',1 ",'LiJr,'J L,t
;~;J,,'iC....iI'll. ~r.c the l>Vl.:-tS~Ll'S ...r'l: ';'''lll:ns ,,' <:..:t:p:: .u':lr.o~
WIT N E SSE T H: That Ih" gtantor, for and in consider.tOo" of In.. sum ef TEN ",,"0 CQI;()(j'S '.$10.0C) Oolla" a.,d
o:he!' vafvaba& C:lnsideratio-ns. receipt wrereof is ~ereb~ !cknowledged, hereb-, grants, bargains, seils... alienE, remIses. fe-eases.
COrlVeY6 &nO ccntlrms unto the gr8f':ee ell that CRrt61n land sitl.iat& in PALM 6EACH Count~', State ot Fledda. \ll~:
LOT 303, OF RIDGE GROVE ADDITiON NO.1. ACCORDING TO THE PLAT THEREOf.
AS RECORDED iN PLAT BOOK 22, AT PAGE 43, OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
subject to eaaementa, restrictions and reservatIons of record and \0 taxes tor the
year 2005 and thereafter.
THIS PROPERTY IS NOT NOW NOR 'EVER HAS BEEN THE HOHES'l''';~D
PROPERTY OF THE GRANTOR OR ANY MEMBER OF HIS FAMILY.
TOGETHER. w;t1 .,1 the ,,,,,ernen". r.ered,tamenlS aod ep,,,"eoanee. therelO ce:ong,r,g or if. any"'ss ap".,r',aning.
TO HAVE AND TO HOLD, tne same if: le8 simple for~':~r
AND, :he grantor t>eret>y covenants w~~ said graMS"" that the gral'lo' is 1....1olly seized of s~id \ano tr, tee s"".p'.' Ir..' tlle granlOI
has good righl and lawl,,' auttoorlty to ...11 ~nd eon,ey sa.d '~r,O. and hereby warrar,ls the t'lle :0 SO"" I.mo ano ...." dslen" tne
same agaloSllhe lawful claims of al perscns whcmsa."",,; and lhal said land Is free 01 all eneumorances. ""oept ,.."" ,""e!"in.g
wtsequent 10 Dscember 31. 2005"
IN WITNESS WHEREOF, the said grantor nos !>!goad and saa'ed (he.Il p,.esen,. Ihe day~?"'8ar firs! 2bc',e wrillan.
-_....'
~.
'\--~~
W&~II/' a-~
W?$~Jta:d'.-C-~:-J. ~ -< -
Wi\nE-~5 ,,2 Printed N.lrne
----<
----- ..,
/~; L ,--. C. J
/_.. _/l..._ -____-
/: .,.-.. _ _~___ _~.~ ----L.$.
/ --~ON E. BRENN
4a;A GATEW':'Y 3..RDENS DR. 8C<YNTCN 6E,.Ch Fe 33"36
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregcing instrument was ack"owle~d ~',~:~, 7'e Ih;S 21st day 01 October. 2005 by BJF.T-':N E. SRcoN!'l .,ne is
perscnaUy koo..n to m.. 0< has p.OdLca<l C.!_~V. L I ~ a$ /deol.tic."on.
SEAL _t2a..uLL2..~j~~' L..k---.l
"'''tal"'' Signature
-~-----_.-~
prin~ed N-:.ta~y Signatu:~
~/ty Comrr,~slon !:::xp~re::.:
,..,....., CGfolA. (.e'J;O-.:t
l~;"'~~~~ ~.., COtl'JISOO:-;" OD'88~.~ P:.P\~~S
\i!f.~~f ""..'o;~~~~:~J~:;<J""
Fa. .. ~'S."c.l =~
tHIS INSTRUMENt PREPARED BY
J;:.Hnv~ C:hefof, Esquire
30eY, !' ':.,crnrnercial Blvd.
SL;!>.
FL L:"!Ckrdale. FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF p~~ & -<.. d"
I/We,
{~ Cqs e.t.A1 .v" -/. ,....~ f(v~~(tft~inafter "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:
()({) ~ cf~ - L(-s; - 09- 09 - ()60 --3030
The powers and authority of my attomey, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the '0
I="-c bv"" ""'''I
day of
20 () G and the powers and authority shall be irrevocable by
Grantee.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the \O-~
Jay of ~'\~ ' in the year two thousand and () 10
Sealed and delivered in the presence of
~A ~~. /
Owner Signature
bV{~ l-(;y ~ 0 e'v Ie
Printed Owner Name
Witness SI nature
c1o,A C' LAD \d 0,,"0 (\{)
Printed . ess Name
~82'Yi _~t-
Printed Witness Name
y
(/+A- (,sJ;' ~ I~OJv1-
Printed Owner Name
tf~ ~'e.t ?'o-(.,.h-
Printed Witness Name
-rEXAS
STATE OF FLORIDl\ )
~ ~D )ss:
COUNTY OF PALM I3EACH.. )
THE FOREGOING INSTRUMENT was acknowledged before me this \~ day
of ~"'I ' 20JilL, by buo.n1e\ 8oo~fu:AC6(bso.~and
, who are known to me or who have produced
o...Y\'/QI's \\ a21\ ~ , as id n 'fication and who /did t take an oath.
(#j1l1""""""ll
"E H..q 111111~J);
t-~...........;.{( ~
~<,*9-~ PCJIJ<:..... \
-:0 o~
;- :2 ~ :s
= . 0: =
s : ~: a
% ". "'~.... ....~-'r i ,
.._ ~ \, . I:: Of !J.: ~
Mv Commiss~ Ejc~. ~~oy
\ tND ., Tlf:18-'l-v~,,~
. ~"Ill"""\\\\~
Ty or Print Name
Commissi~n No.
-.- -.. .--~~81IOWN---
~RD~
1 in. = 78.4 feet
--.-------------
0030 0040
----------
I /
)020
10 3130 15 16
3170
3200 22 23 24 3250
3000 2980 2960 2950
~o 51 52 2530
2560
60 61 2620 2640
~D~
2460 F45€f44 2420
2380
2360 2340 2330
D
1900 1920 1931 95 96 97 98 99 00 2010
11 84 Alto Rd
''''.'-.
/q(..
Y
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.5
AGENDA ITEM REQUEST FORlVI
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned m
Meeting Dates in to City Clerk's Office Meetin2 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) D February 21, 2006 February 6, 2006 (Noon)
D January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 2, 2006 (Noon) [8J March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM 0 Public Hearing 0 Legal
D Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report :::7~J
I
I'J
-';;]
'-} --~
. ~....<
-~ C~I
RECOMMENDATION: ...::
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with ~chai~c"j
Holdings LLC for the property at 7755 Loomis St, Lake Worth, FL (Tropical Terrace LT 126). - ..::;~-';
. c..)
EXPLANATION:
The parcel covered by this agreement includes a single-family home in Tropical Terrace. 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
AL 1;.ERN.. A T~." 8:0 ....ne.. Th" ......el .. wi.... the Utilities ..""ee.. ..
\~m ~-S:r~~ . \
Department Head's Signature .
Utilities
Department Name
City Attorney / Finance / Human Resources
xc: Meter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning
Anthony Penn
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.IXJC
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 REICHARD HOLDINGS,
9 1,LC; 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 7755 Loomis Street, Lake Worth, Florida (Tropical
14 Terrace Lot 126); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, a water distribution main exists in the vicinity allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section I.
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 hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA\RESO\Agrcemenls\Waler Serviee\Reiehard Holdings Water Service Agreement 7755.doe
1
2
Section 3.
This Resolution shall become effective immediately upon passage.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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30
,2006.
PASSED AND ADOPTED this _ day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
Attest:
City Clerk
S:\CA\RESO\Agreements\Water Service\Reichard Holdings Water Service Agreement 7755.doc
Googlc
C'
!J
755 Loomis Street. Lake Worth, Florida
Page I of
le
http://mar'ogJe.com/
3/2/2 006
t..JU::::::>l :::.-.t:..K'J
PAGE 02
nus INSTRUMENT PR.EPARED BY:
ame:: A Cherof. Esquire
Goren. "hero!: Doody & EzroJ, P .A-
3099 East Commercia' :Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
TI-IE CITY LlMlTS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of ,200--, by and between
~{ft'l<CJ) ~t-i>r "#, . . LLC- . (Name of Corporation), hereinafter called the
"Customer", and the C1T OF BOYNTON BEACH, a municipal cOf'lX?ration of the State ofFlorida,
hereinafter called the "City".
WHEREAS7 Customer owns rea) 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 Bo)'Ilton Beach has a policy which conditions the grant of water
services outside ofits jurisdictional limits on annexation of the property to be sei-viced into the City at
the earliest practicabJe time.
NOW l1IEREFORE, for and in consideratioJloftheprivilege ofrecciving water service from
the Municipal Water System and the mutual covenants expressed ~ the City ofBoynton Beach
and the Customer, his heirs, successors and assigns, agree as follows:
Syst
Custo
1. The City agrees to provide Customer with water st4Vice from its Municipal Water
to service the real property descnOed as fuDows and whichCustome.r represents is owned by
r: (Exlu'bit A)
2. The Customer and the City hereby agree that there are;}. V Equivalent Residential
. COJtio:OS which City shaD service.
3. The Customer agrees to pay all costs and fees of engineering, material, labor,
inst ion and inspection of the facilities as required by the City of Boynton Beach Code of
. Ord' es or Land Development regulations to provide service to the Customer's premises, The
Custo er shall be responsible fur iostallation in confurmance with all codes, ruJes and regulations
applic ble to the installation and.mainte.oance of water service Jines upon the Customer's premises.
All su h Jines shall be approved by the Director of Utilities and subject to :inspection by the City
'~u:::> I ~-.JLKV
PAGr:-: ,1:
Engineers. The City shall have the option of either requiring the Customer to perfunn the work
necessary to conform tbe 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 perfonned, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. . Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by. the City of Boynton Beach fur other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. In!eto 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 coooC(;tion with water service outside the City limits applicable under City Ordinances and mte
schedules which are applicable. which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shaD 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 aDy
time the property is eligll>)e under any available .means or method for annexation. Customer will
infonn any and all assigns or purchasers of any or part of this property of this covenant and oftbe
irrevocable special power of attorney, but Customer's firilure to provide such notice shalI not
constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that
the c.onsideration ofinitia.lJy connecting to the City's water supply is sufficient to support the grant of
the power of attorney any subsequent disconnection or lack of service shall in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. 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, Florida, and shall be binding on the Customer
and aU subsequent transreree, grantees, heirs. successors and assigns.
10. It is agreed that the City shan have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, .limitations O{ requirements of local, regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability iO. the event
2
'--"_..........'1 ....JL1'\.V
t--'AGE 04
there isa reduction, impainnent 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, Jaw 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 10rbreach of warranty of title.
12. No additional agreements or representations s~ be binding on any of the parties
hereto unless incorporated in this Agreement_ No modifications or change.in this Agreement shall be
valid u~on the parties unless iD writing executed by the parties to be bound thereby.
13. The Customer warrants to the City that Customer holds legal and bene:ficiaJ title to the
property which is the subject of this Agreement.
(REMAlNDER OF PAGE INTENTIONALLY LEFT BLANK)
).
'...AJ----l1 ,'L_r'\. v
1);'\(,[ W)
~LU_
~tness Signature
()L € LOu.,.lI\JS
Printed Witness Name
,
CORPORATION AS OWNER(S):
By~~9
Its: \t>tlr-l
c:lt>\\N 9. 1Z.6'\C.."'~.IO...- '?a.e.~\~\
Print Name and Title
~~~
Witness Signal
J D h I'l :g,.. J< a....N
Printed Witness Name
{CORPORATE SEAL}
FOR CORPORATE NOTARIZATION:
STATEOF ~e./P4- )
COUNTY OF /1.'M 6~l-}
)ss:
)
I HEREBY CERTIFY that on this day, befure Ire, an officer duly authorized in the StBte afuresaid
and in the County aforesaid to take acknowledgme,q~ personally appeared
"36~ y. I?~~o m as ~~,o~\ of J?€1CAAQ.D "(jU>\N~S,lA.t.narned in the
.fOregoing agreement and that heJshe acknowledged executing the same in the presence of two subscribing
witnesses freely and voluntarily under authority duly vested in himIher by said Corporation and that the
Corporate seal affixed thereto is the true COrporate seal of said UJrporation
WItness my hand and official seal in the County and State last aforesaid this ~ day of
M~"~ . 200~.
C).~~
NOTARY POOLI
"::l~. ~~~
Printed Name
My Como1ission Expires:
,-\\111", J hnB
~$.....t!:Y.':~~ ~. ryan
~~. ~~:~ Co~s~on #DD297960
-:. .,.~ .',p ~ ExpIres. Mar 08, 2008
/"/II,OF~~~"'" BondedThru
" II Atlantic Bonding Co., Inc,
4
l-,'~::J I :::=>t.:..K V
PAGE 05
AGREEMENT FOR WATER SERVICE OUTSIDE TIlE em LIMITS AND COVENANT
FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND
(<e., r.:..lc'\ve/f 110 fc.t '" ~ .i L ( C (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
ATTEST:
city ~Ierk
(SEAL)
Appro"ed as to Form:
City Attomey
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, befure me, an officer duly authorized m the State
aforesaid and in the County aforesaid to take acknowledgments, personally
appeated ~ City Manager and .
City Clerk respectively, of the City named in the furegoing agreement and that they severally
acknowiedged 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 affix.ed thereto is the true
corporate seal affixed thereto is the true corporate seal ofsaid City.
WITNESS my hand and official seal m the County and State last aforesaid this
.200_.
day of
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA \A.GMTS\W atu Senricc\ W ster Service A8JeClDCDt (corp) -.R~ 090205 .doclrev. 1-6"{)6
H:\I~182.BB\AGMr\Wa'er Service ~ (Corp) - Rev 0S'020S-WV J -6-06.doc
5
yalm neacn Lounry rfupelLY J-\~~Idl:)el rlv~eJlY 0coal\.1I 0Y::>l\.JJI
.. Uob'"
~~~~'r:,,7\r~~'r~~4ffff-~l1~ralser't Public Access Systom
~~;~~';~"~~Wt?,;~ ;t,.:>:....., - '" r.... " ......,,~J'"O<. "f'
~ ;l~::\;~~)~~,-.~~~!"'~~-~':' ~~ ':":-~ f;-',~ r r
~ Horne ~~~:~~:~.::::~~~~;",~L ':~" ~,~~<- _' .. ~ ~ _ - ,
P wperty Information
775:;
location Address: ~ LOOMIS ST
~';i~~4~
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-45-10-07-000-1260
Subdivision: TROPICAL TERRACE IN
Official Records Book: 18332 Page: 1638 Sale Date: Mar-2005
Legal Descriptio~!1: TROPICAL TERRACE LT 126
Owner Information
Name: REICHARD HOLDINGS LLC
~"~~nA-r:c-_,,,_,, I
'cf;4< - . : - , "'_.' -~lY~~.y~~4"~_~~'
Mailing Address: 7601 W LAKE DR
WEST PALM BEACH FL 33406 8739
Sales Information
Sales Date Book/Page
Mar-2005 1J~33.2Il.()~~
Dec-1999 11543/1382.
Nov-1999 11493/1074
PriceS~l~Typ~
Owner
~;f~",,;;;MI~~~;;,J
$150,000 WARRANTY DEED REICHARD HOLDINGS LLC
$88,000 WARRANTY DEED ClUCA ION &. VIOLETA
$54,000 WARRANTY DEED AMERICAN RESIDENTIAL MKT INC
Exemptions
Exemption Information Unavailable.
Appraisals
ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $145,457 $115.711 $106,16' l,..stnJcWmllilllJ
Exemption Amount: $0 $0 $1
Taxable Value: $145,457 $115,711 $106,16.
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Co_~: 0100
A
d
dT
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
2005
$103,99
$41,46
$145,45
Tax Year 2005
Number of Units: 2
*Total Square Feet: 2016
Acres: 0.1613
Description: RESIDENTIAL
* in residential properties may indicate living area.
bl V I
2003
$2,07
$33
$2 0
~'"''''~>l _'-r~.....1 '~",~~IlIDti""l~1
NOTE: Lower the top and bottom margiD$ to 0.25 on File->Page Setup menu option in the browser to print the
detail on one page.
gecQI.cl..S~aLch I InLo.lmation Il;xemptigns I ComJn.u.DJ!Y I fmpjQYl}J~l1t I NE:1Y Home..fuJ~r I Office .LpJ:iltiClO.5
\I~Ild.E;~Mju5tD1ent Jl.2ilrcJ I ?i3Ye: Our Hom".s I Se~QiQLC:Qrf1E'.r I Qis~!?imer
http://www.co.palm-beachJl.us/papa/aspx/web/detail jnfo.aspx?p _ entity=0043451 007000... 12/6/2005
E)&{~A
Division of Corporations
Page] 01'2
Florida Limited Liability
REICHARD HOLDINGS, LLC
PRINCIPAL ADDRESS
760] WEST LAKE DRlVE
WEST PALM BEACH FL 33406
MAILING ADDRESS
7601 WEST LAKE DRlVE
WEST PALM BEACH FL 33406
Document Number
L030000 17998
FEI Number
33105893 I
Date Filed
05/]9/2003
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
POSNER. MICHAEL J ESQ
4420 BEACON CIRCLE, SUlTE 100
WEST PALM BEACH FL 33407
M
1M
b D
'1
anager em er etal
I Name & Address II Title I
REICHARD, JOHN P [J
760] W LAKE DR
WEST PALM BEACH FL 33406
l-~--~-:"--W"~~-::----~_~--~___'__::-:-:',:-,""~"__'_'_k_____'~__.-___~.___~.____...._ ._
I!
I
Annual Reports
Report Year 'I Filed Date
'I
J
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2004
2005
II
II
06/30;2004
05/02/2005
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09/23/2005 -- OffIDir Resignation
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Date
ELECTRICAL I PLUMBING I MECHANICAL 1 FIRE I SITE.
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wrSIT US AT WWW.PBCGOV.COM/PZB
ON OUR BUILDING DIVISION PAGE YOU
....'-.1;,.-0- " . . '--.' -. -.. .
cJJN'VI~tl PLAN REVIEW TRACKING~
PERMI'{\:~~.INSPECTION HISTORY, AND
CONTRAGXQR LICENSING INFORMATION.
** vrn.'"-w,ELCOME YOUR COMMENTS! **
*** INSPECTION SCHEDULING ***
*** NEW TELEPHONE NUMBER ***
STARTING JANUARY 3, 2005 THE NEW
INSPECTION SCHEDULING TELEPHONE
NUMBER WILL BE 355-2222.
REICHARD HOLDINGS
NER:
~ \)~ '\)'0 \s;\)\})~
'2n.Me- ~Qd..-e..\ ~~ L\~7
W~m.~~~ (. L.C4.f....c. v..k~
~EE FRONT OF FORM FOR. IMPORTANT PERMIT .INFORMATI N.
)PERTY ADDRESS:
3DIVISION NAME:
~TRACTOR NAME:
THIS PERMIT MUsT BE VAUDATED
PALM BEACH COUNTY
PLANNING. ZONING & BUILDING DEPARTMENT
BUILDING DIVISION
\....JU......) I ':''::''Lr'\.V
F'AGE F1/
THIS INSTRuMENT PREPAREO 6Y:
lame:) A, Con'of, Esquire
City of B'~'yn{()n Beach
100 E ,.Bo-yntOl1 Beach Blvd.
Boynlon, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF AITORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, ~t\~ () eGlc.\lf-\<l..D Ol::. as Corporate Representative of
?eIOlAJU)_~L.DIlIl'~., ~L. liereinaffer "Grantee", hereby make, constitute, and appoint
THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fuet fur 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 vohmtary petition for annexation of the real property
described herein into the CITY OF BOYNTON BEACH. This power sbaU 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
descn'bed as follows:
PCNNo.: 00 '13 <I~ 10 0 I 000 12.60
The powers and authority of my attorney, TIIE CITY OF BOYNTON BEACH,
FLORID~ shall commence and t>e in full force and effect on the 2.,. day of
/islr(fJ~ . 20 ~ and the powers and authority sball be irrevocable by Grantee.
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IN WITNEss WHEREOF, we have hereunto set our hands and seals the 2 ~ day of
rt,;13LuMt ' in the year 20"," .
Q Sealed and deli_ed in the presence of
a L ~ - Corporation Name:_
Witness Signatw-e
~ G 4t.L1~'S
Print Name
&ICHIJIlJ:> tIoLDI..J5 S I Ll..C-
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Witness -Signa
By: ~2
Print Name and Title: ... ~to1 Y.
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Corporate Seal:
STATE OF H()fl. r D ~
~OUN1Y OF ~ BtfN-#
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ss:
I HEREBY CERTIFY that on this day, befure me, an officer duly authorized in the. State
afuresaid and .in the County aforesaid to. take acknow~nts, personally appeared
~N ~ ~'u.4A,zD!:It as ?~OtIN" of q6lCH~b i-lor..D.MSS#Ul named in the
furegoing agreeJ.ocut and that helshe acknowledged executing the same in t& presence of two
subscribing ~ 1ieely and voluntarily tmder authority duly vested in himI.ber by said Corporation
and that the Corporate seal ~ thereto is the true corporate seal of said Corporation
Wltness my hand and official seal .in the Qnmty and State last afuresaid this ~ day of
Fe8tu~ . 20~.
",",,,, John. Bnmn ~
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f:~~":*~ Co~ssion #DD297960
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My Comnission Expires:
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.6.
Requested City Connnission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned ill
Meeting Dates in to City Clerk's Office Meetirnz Dates 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) 0 February 21, 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 2, 2006 (Noon) [8J March 21, 2006 March 6, 2006 (Noon)
0 ' -
D Administrative Development Plans r.-_
-- - ,
NATURE OF ~ Consent Agenda 0 New Business -.' ;
'.'._".
AGENDA ITEM 0 Public Hearing D Legal
0 Bids D Unfinished Business r"-,,)
0 Announcement D Presentation --0 m~
'.'
0 City Manager's Report ,.
...,...
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RECOMMENDATION:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Reichard
Holdings LLC for the property at 7769 Loomis St, Lake Worth, FL (Tropical Terrace LT 127).
EXPLANATION:
The parcel covered by this agreement includes a single-family home in Tropical Terrace. OnJy 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
ALJE~ATpi):S: N~ilhln the Utilities senke .....:
[~ lfL'AAA - ?
Department Head's SIgnature
Utilities
Department Name
City Attorney I Finance I Human Resources
xc: (Veter 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 'VATER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE CITY
8 OF BOYNTON BEACH AND REICHARD HOI~DINGS,
9 Ll,C; 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 7769 Loomis Street, Lake Worth, Florida (Tropical
14 Terrace Lot 127); and
15 WHEREAS, the parcel covered by this agreement will include a single-family home
16 located in Tropical Terrace project area; and
17 WHEREAS, a water distribution main exists in the vicinity allowing for the service to
18 this parcel; and
19 WHEREAS, no additional construction will be required by the City to serve this
20 property.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed 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 hereby authorizes and directs the City Manager
27 to execute a Water Service Agreement between the City of Boynton Beach, Florida and
28 Reichard Holdings, LLC, which Agreement is attached hereto as Exhibit "A".
S:\CA \RESO\Agrecments\Water Service\Reichard Holdings Water Service Agreement 7769 doc
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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 ServiceIReichard Holdings Water Service Agreement 7769.doc
Googlc Local - 7769 Loomis Street, Lake Worth, Florida
Page I of I
Go sle
http://maps. goo gI e. com!
3/2/2006
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PAGE 02
nns JNSTRUMENT PREPARED BY:
ame:; t\ Chero[ Esquire
Goren, (l1eni( Ooody& Ezro', P..A-
3099 East Commercia' Blvd.
Suite 200
Ft. Lauderdale, fL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
TIm CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of .200--, by and betweeI)
... C I..DII"'-.$ LL (Name of Corporation), hereinaftercalledthe
"Customer", and the CITY OF OYNTON BEACH, a municipal co~ration of the State ofFJorida,
hereinafter called the "City".
WHEREAS, Customer owns rea) property outside ofthe jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Custome;r 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 ofits jurisdictiQna1limits on annexation of too property to be sei-viced into the City at
the earliest practicabJe time.
NOW nIEREFORE, for and in consideration of the privilege of receiving water service:from
the Municipal Water System and the mutual covenants expressed herein, the C.ity of Boynton Beach
and the Customer, his heirs, successors and ~ agree as follows:
1. The City agrees to provide Customer with water service from its Municipal Water
System to service the real property descn"bed as fullows and which Customer represents is owned by
Customer: (Exhibit A)
2. The Customer and the City hereby agree that there are a Equivalent Residential
Connections which City shall service.
3. The Customer agrees to pay all costs and fees of engineering, mate~ labor,
installation and inspection of the fucilities as required by the City of Boynton Beach Code of
' Ordinances orLand Development regulations to provide service to the Customer's premises. The
Customer shall be responsible fur installation :in confurmance with aU codes, rules and regulations
applicable to the installation and maintenance of water service Jines upon the Customer's premises.
AIl such lines shall be approved by the Director ofUtilitjes and subject to inspection by the City
VU0 I -':~'L [, 'J
F'AGl-: fll
Engineers. The City shall have the option of either requiring the Customer to perfurm the work
necessary to.conform the lines or the City may have the work performed on bebalfofthe 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 fur other parties to
connect. All connections shall be made m accordance with the Codes and regulations of Boynton
Beach.
5. TitJeto 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 conn.ection with water service outside the City limits applicable under City Ordinances and rate
schedules which are applicable. which may be changed from time to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable
Special Power of Attorney granting to the City the power and authority to execute and advance on
behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall
cooperate with the City and not raise opposition or cbaUenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at aDy
time the property is eligtl>le 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 speciaJ power of attorney, but Customer's firiIure 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 sba1J in no way impair the
power of attorney nor constitute a diminution or lack of consideration.
9. Annexation is intended to be and is hereby made a covenant running with the land
described in pm-agraph 1 above. This Agreement and the power of attorriey referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer
and aU subsequent tra:os.teree, grantees, heirs, successors and assigns.
10. It is agreed that the City shaD have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations OJ: requirements oflocal, regional, SUite or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event
2
"--'Lt...:) , .::;c.f\.V
PAGE 04
there is a rfd'K!ion, :im:painnent or termination of water service due to acts of God, accidents, strikes,
boycc'] ,)),,',,<outs, fire, earthquakes. other casualties or other circumstances beyond the City's
reasonable control.
J 1. 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 unde.f or
performance pursuant to this Agreement including disputes fur breach of warranty of title.
12. No additional agreements or representations s1W.l be binding on any of the parties
hereto unless incorpornted in this Agreement. No, modifications or change.in this Agreement shaD be
valid ~on the parties unless iD 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.
(REMAINDER OF PAGE lNTENTIONALL Y LEFT BLANK)
3,
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PI\C'J[ >1'J
7;'JfLvL--
Witness Signature
~()'- (; C('){"t..lrlS
Printed Witness Name
,.
CORPORATION AS OWNER(S):
BY:~
Its: -.
~-~. ~~ ttt.-
Print Name and Title
~gna~
JO hI) 6 ""ya. '"
Printed Witness Name
{ CORPORATE SEAL}
~~~~~
~"$1;/;~d'~
I Print Name
FOR CORPORATE NOTARIZATION:
-
STATEOF .k.()~Jt>A )
COUNTY OF k B&~C/-I
)ss:
)
I HEREBY CERTIFY that on this day, befure ID:, an officer duly authorized in the State afOresaid
and in the County afuresaid to take acknowledgme,o~ personally appeared
-::rb~~ R (lal~A"-C> lIT as ::Plll~~~r of j(til'~#teo "()L.()I~&., LoLL named in the
:fOregoing agreement and that helshe acknowledged executing the same in the presence of two subscribiog
witnesses freely and volumarily under authority duly vested in himIher by said Corpoxation am that the
Corporate seal affixed thereto is the true corporate seal of said Corporation
WItness my hand and official seal in the County and State last afuresaid this a day of
~~A~ ' 200~.
~p~
--:s~ ~Q ,AN
Printed Name
My Como1ission Expires:
,11 'Ii, J hn B
,"~~Y.1~lJ&'//~ 0 ryan
~,~~., "~~ Commission#DD297960
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PAGE 05
AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT
FOR,~XATIO;N BETWEEN THE CITY OF BOYNTON BEACH AND
1< '< J c.. t, (Mr',y{ /Ie (,/ (;Nj..i I. L C (INSERT NAME)
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
By:
Kurt Bressner, City Manager
A D'EST;
City Clerk
(SEAL)
Approved as to Form:
City Attorney
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 ~ City Manager and .
City Clerk respectively, of the City named in the furegoing agreement and that they severally
acknowiedged 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 tme
COrporate sea) affixed thereto is the true corporate seal of said City.
WITNESS my hand and QfficiaI seal in the County and State last aforesaid this
, 200_.
day of
(Notary Seal)
Notary Public
My Commission Expires:
S:\CA\A.GMTS\Watu Servke\Wat~Savicc Agreement (corp) -.Rev 09020S.docIrev. ]-6-4J6
H:\1990\9()()1B2BB\AG~WAIeI' Servic:c ~ (Corp) - Rev 05lO20~ l~.doc
5
Palm Beach County Property Appraiser Property Search System
~age 1 Ul L
Property Information
?7'=>C/
Location Address: .::F1V1 LOOMIS ST
~~I
Municipality:
Parcel Control Number:
Subdivision:
Official Records Book:
Leqal Des~ripJjQO:
UNINCORPORATED
1270
00-43-45-10-07-000-~
TROPICAL TERRACE IN
18332 Page: 1638 Sale Date:
TROPICAL TERRACE L T ~ \ ~ 7
Mar-2005
Owner Information
Name: REICHARD HOLDINGS LLC
l~.~.l
t;..."",. - -- -, - - -'-'.J"~~
Mailing Address: 7601 W LAKE DR
WEST PALM BEACH FL 33406 8739
Sales Information
Sales Date Book/Page
Mar-20051J~~3 7L1-~::L8
Dec-199911.54~L!.3S:?
Nov-1999 li193/1Ql.,!
Price S.gl~.Typg
Owner
lj"">t,,~J
~%..iV''''"'O -,=>,-:"
$150,000 WARRANTY DEED REICHARD HOLDINGS LLC
$88,000 WARRANTY DEED CIUCA ION a. VIOLETA
$54,000 WARRANTY DEED AMERICAN RESIDENTIAL MKT INC
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
~se~Q9~: 0100
2005 2004 2003 Tax Year 2005
$103.99~ $92.92S $85,684 Number of Units: 2
$41,46 $22.782 $20AaCl *Total Square Feet: 2016
$145,45 $115,711 $106.164 Acres: 0.1613
Description: RESIDENTIAL
* in residential properties may indicate living area.
Assessed and Taxable Values
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~
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detail on one page.
R_e(;()J:Q.~~arch I InfoJJ11<!tKJD I q~rn..2tiol}? I COlJ1~Il}UJlitY I t;rn..2!QY[1le.fJ! I New Home BUYi'J I Qffi(:eJo~atiql1s
Valu.e i\dju~tnl~ntB9aJd I ~~~.o.urJ::lo~~ I 5_eIlLor.Cs>mE~r I Di~c!<!imer
http://www.co.paJm-beach.fl.us/papaJaspxJweb/detail info.aspx?p entity=0043451 007000... 12/6/2005
- - r;;~ 11--
Division of Corporations
Page 1 of2
~ '...__h.._._n__..___.___.____-.,_._.._____..~__..._,_~..-.u--m--~-_..____.____.__._...____...mm______._.m__.._..,____...__UA..___.___.___n_.__u_____.__..______m_________m.m_._
Florida Limited Liability
REICHARD HOLDINGS, LLC
_.___~_,~__,,____._.~__m____ ..._~__~ ~. .__.____.___.'..~..___________-...__.____..,.~.__ . ,,,_ __,____._._ ._.______.~_~___,..._____~______.______._._.._""__.__~_'" ._________.___'.~.,,~__........____~_
PRINCIPAL ADDRESS
7601 WEST LAKE DRIVE
WEST PALM BEACH FL 33406
,,~~~_____,w_.,_~.,_..______~..~,.~,_~_,~__~,__~~~_~~__-'-"-..,.~_~._._,_v_______~~v.____,_~~_.____.___,___~,_______
MAILING ADDRESS
7601 WEST LAKE DRIVE
WEST PALM BEACH FL 33406
Document Number
L03000017998
FEI Number
331058931
Date Filed
05119/2003
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
'._m_^_____v._~~____,__,_^~_~~_._~_~_~="~A_~_'~_'"_y'"~---Am.----_~_'__._______u_______,__^_,~__.v__._~m._~_.__"_',_~_~v~_,_ v_'Y"n~~._.__A__~___^
Registered Agent
Name & Address
POSNER, MICHAEL J ESQ
4420 BEACON CIRCLE, SUlTE 100
WEST PALM BEACH FL 33407
-------~-~----,~_._--~--,._"-------
M
1M
b D t "1
anager em er e al
I Name & Address II Title I
REICHARD, JOHN P D
760 I W LAKE DR
WEST PALM BEACH FL 33406
f~~.~--._--_.~...._--_.~-~--_.--u-_-~__---
II
I
Annual Reports
Report Year '1 Filed Date
'I
I
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L03000017998&n2=NAMFW... 2/23/2006
Division of Corporations
Page 201'2
2004
2005
II 06130(2004
II 05/02/2005
[ Previous Filing
Return to List [ Next Filing)
No Events
No Name History Information
Document Images
Listed below are the images available for this filing.
09/23/2005 -- OfflDir Resignation
05/02/2005 -- ANN REPIUNIFORMBUS RE~
06/30/200L: ANN REPiUNlEQRM131ISREE
05/19/2003 -- Florida Limited Liabilites
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&n 1 =L030000 17998&n2=NAMFW ... 2/23/2006
Date
Date
Dale
e
ELECTRICAL ! PLUMBING I MECHANICAL I FIRE I SITE
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)~~;oIDr;;SVILD])NG': DIVISION PAGE YOU
~AN' V:UWJ ptAN;o:~VIEW' TRACKING~
?ERMIT& INSPECTION HISTORY~ AND
JONTRAGTqB.~ICENSING INFORMATION.
** WE- w:aLCOME YOUR COMMENTS! **
ER: REICHARD HOLDINGS
*** INSPECTION. SCHEDULING ***
*** NEW' TELEPHO~' NUMBER ***
STARTING JANUARY 3~ 2006 THE NEW
INSPECTIONSCHEDOLING TELEPHONE
NUMBER WILL BE 355-2222.
rp' ~TOR NAME:
" !
"'.'.~.. .~.
~.~
. (j.',
JOHN P REICHARD III .~; .
SEE FRONT OF FORM FOR IMPORTANT PERMIT INFORMATION.
TROPICAL TERRACE
~ \/) \)\)\9\)~}
~ERTY ADDRESS:
)IVISION NAME:
7769 LOOMIS ST
YeASctc..o\Cl., .I
THIS PERMIT MUST BE VALIDATED
CCHARD GATHRtOHe_
BUILDING OFFICIAL :~)
o,~~
PALM BEACH COUNTY
PLANNING, ZONING & BUILDING DEPARTMENT
BUILDING DIVISION
_-' '.-'-1.. I -. L_ \.J _..if J 1_.1
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PAGE 07
THIS iNSTRUMENT PREPARE\) 6Y:
Ja1": " Chcwt Esquire
Cit;, ,,1tcn Beach
J 00 E -Boynton Beach Blvd.
Boynton, Beach, Florida 33425
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Corporate Representative)
STATE OF FLORIDA
COUNTY OF PALM BEACH
J, ~6"~ '< eGlc..\lAA-D tlt:, as Corporate Representative of
Xe\l.\-\I\a.~ ~kDI_~'~J \.~L ,fiereJnaf{er "Grantee", hereby make, constitute} and appoint
THE CITY OF BOYNTON BEACH, FLORIDA~ true and lawful attorney in fact fur Grantee and
in Grantee's name, place and stead, fOf the sole purpose of executing on behalf of Grantee the
power to initiate, maintain, and complete a vohmtary petition for annexation of the reaJ property
descnOed 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 fullows:
PCNNo.: CO '-16 LIb 1001 000 )2/D
The powers and authority of my attorney, TIIE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the 2."3 day of
h:--UU~
, 20 ~ and the poweJ:'S and authority shall be irrevocable by Grantee.
__'U...L I ~L'-'-JUU
loU;::, I :::.t::.KV
PAGE 08
IN WITNEss WHEREOF, we have hereunto set our hands and seals the 2' day of
h,;:gtl.u,+-~ ' in the yea.r 20~.
Sealed 'and delivered in the presence of
9~ L ~ COfJJOralionName:J(SIClII\i2.D YDl-DI"'~!> I Lu...
Witness Signature
1)",- E L;,u.,...s By: ~ c---.. ~
PriotName ~
esi::tC
~~ ~~
Print Name
Print Name and Title: ~6"~ r. e E'~ 'ltt'"
:~;4::{~/~d:~
Corporate Seal:
STATEOF HbIl.IOA-
~OUN1Y OF ~ Bt;;iK;J:J-
)
)
)
S8:
1 HEREBY CERllFY that on this day, befure me, an officer duly authorized in the 'State
r and m the County afuresaid to' take ac.knowJed~~ personally appeared
N P. !?"If.IJ","D P1 os ?~, of RE'IGII4zi> ~Li::r.~ named in the
furegoing agree.a~lt and that belsbe acIcnow.ledged executing the same in presence of two
subscribing witnesses .freely and voIuntariJy under authority duly vested in hinv'.ber by said Corporation
and that the Corporate seal aftbred thereto is the true corporate seal ofsaid Corporation.
WItness my hand and official seaJ in the County and State last afuresaid this ~ day of
,cG13KII~ ,20~.
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I) 2180 -~ J .B3. .. 1680
0171 0330 0671 1180 1330
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1160 1350
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! 0150 1360 1640
~ 0360 0641
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0140 ~ 1310 I- 1790
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0130 1380 1630 1800
~ 1120 2050
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0570 e---- 1070 f----- ----- - - - -- -
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Location Map - 7769 Loomis 8t j?
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORlVl
VI.-CONSENT AGENDA
ITEM C.7.
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)
0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 2, 2006 (Noon) 0 March 21, 2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans " J
NATURE OF 0 Consent Agenda 0 New Business ,'-.-) ,--~
.-.-- /
AGENDA ITEM -
0 Public Hearing 0 Legal r-
..
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation (..:J
0 City Manager's Report -:"j ~
'-~-'
-- ,.
.. ",'
_C~~
RECOMMENDATION: ".1,--::;>
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Rene & K~y
Gross for the property at 823 Palmer Rd Delray Beach, FL (Unincorporated Palm Beach County).
EXPLANATION:
The parcel covered by this agreement includes a current single-family home, which may eventually be replaced by
three multi-family units in unincorporated Palm Beach County. Potable water and wastewater service are not
available at the present time, but are in the process of being installed at the adjacent development. The applicant will
be responsible for extending these services to there current and future units.
PROGRAM IMPACT:
No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
Utilities
Department Name
City Attorney I Finance I Human Resources
XC: ~eter 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 FLORJDA, AUTHORIZING AND DIRECTING
5 EXECUTION OF AN AGREEMENT FOR WATER
6 SERVICE OUTSIDE TUE CITY LIMITS AND
7 COVENANT FOR ANNEXA TION BETWEEN THE
8 CITY OF BOYNTON BEACH AND RENE AND KATHY
9 GROSS; 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 823 Palmer Road, Delray Beach, Florida
14 (Unincorporated Palm Beach County); and
15 WHEREAS, the parcel covered by this agreement includes a current single-family
16 home which may be replaced by three multi-family units located in unincorporated Palm
17 Beach County; and
18 WHEREAS, potable water and wastewater service are not available at the present
19 time, but are in the process of being installed at the adjacent development. The applicant will
20 be responsible for extending these services to their current and future units; and
21 WHEREAS, no additional construction will be required by the City to serve this
22 property.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORJDA, THAT:
25
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 hereby authorizes and directs the City Manager
29 to execute a Water Service Agreement between the City of Boynton Beach, Florida and Rene
30 and Kathy Gross, which Agreement is attached hereto as Exhibit "A".
S:\CA \RESO\Agreements\ Water Service\(iross Waler Service AgreemenLdoc
Section 3.
This Resolution shall become effective immediately upon passage.
2
3 PASSED AND ADOPTED this _ day of March, 2006.
4
5
6 CITY OF BOYNTON BEACH, FLORIDA
7
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
29 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Gross Water Service Agreement.doc
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3/2/2006
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE CITY LIMITS AND COVENANT FOR ANNEXATION
THIS AGREEMENT made on this day of ,200--, by and between
K; -V\ e... &OS.S. ~. J(O-.R~ ~~ hereinafter called the "Customer", and the
CITY OF BOYNTON BEACH, am "cipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside bf 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 3/'> 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 set;vi~e lines upon the Customer's premises.
l
All such lines shall be approved by the Director of Utilities and subject to inspection by the City
Engineers. The City shall have the option of either requiring the Customer to perform the work
necessary to conform the lines or the City may have the work performed on behalf of the Customer,
in which case the Customer will pay in advance all estimated costs thereof In the event the City has
such work performed, the Customer will also advance such additional funds as may be necessary to
pay the total actual costs incurred by the City.
4. Any water main extension made pursuant to this Agreement shall be used only by the
Customer, unless written consent is granted by the City of Boynton Beach for other parties to
connect. All connections shall be made in accordance with the Codes and regulations of Boynton
Beach.
5. Title to all mains, extensions and other facilities extended from the City Water
Distribution System to and including the metered service to Customer sball 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 applicab1e under City Ordinances and rate
schedules which are applicable which may be changed from time\to time.
7. Any rights-of-way or easements necessary to accommodate the connections shall be
provided by the Customer to the City.
8. The Customer shall, contemporaneously execute and deliver to the City an
Irrevocable Special Power of Attorney granting to the City the power and authority to execute and
advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it
shall cooperate with the City and not raise opposition or challenge to such annexation if and when
annexation is initiated. The property shall be subject to annexation at the option of the City at any
time the property is eligible under any available means or method for ann~xation.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 I above. This Agreement and the power of a,ttomey referenced herein is to be
recorded in the Public Records of Palm Beach County, Florida, aLld the Customer and all subsequent
transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
prohibitions, restrictions, limitations or requirements of local , regional, State or Federal agencies or
other agencies having jurisdiction over such matters. Also, the City shall have no liability in the
event there is a reduction, impairment or termination of water service due to acts of God, accidents,
strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the
City's reasonable control.
IL The Customer hereby agrees to indemnify, defend andl10ld han:ti1ess 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 (wheth~r or not incurred on appeal or in
connection with post judgment collection) and costs rising out or-pr resulting from the Customers
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 unJess incorporated in this Agreement. No modifications or change in this Agreement shall be
valid upon the parties unJess in writing executed by the parties to be bOlll1d 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.
, ~ .
~ ~ WHE~~~theparties ~ereto ~vesetthcirhands and sems thisdL day of
,AS OWNER(S):
~Tf::i ~
Witness Signature
(Yrf
ignature
0YcJ)JS
. Printed Witness Name Printed Owner Name
?~'4-~JlJL~ /.~ ~
Witness Signature /~ c9~
~fr)~/A- ;::;tJA-L5)/ ~~. 0,("VSS
Printed Witness Name .'
L~QlA
\e\"rell
3
^ ~
~ .
X' Jw)" . '-(7
itness Signature "
Lea.)" Terrel L
Printed Witness Name
/~~6~
~~~~Jr'---
Witness Signature
)~.Jf/; /A ):;bJ/lLsk I
Printed Witness Name
-"/
.~'" 6RiU
Printed wner Name
FOR INDIVIDUAL (SYNOT AR:lZATION:"
3'
STATE OF FLORIDA )
) ss:
COUNTI OF PALM BEACH)
I HEREBY CER TlFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
.2?....t?/YZ f2 " 1'1/'Y7 d K~~ 0~ , to me, known to be the
person(s) described in and who execut 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
folJowing proof of identification:
~
v:-WITNESS my hand and official seal in the County and State last aforesaid this c:2 V day of
. 4<:! ~~ t"'~ A7 ' 200~
(Notary Seal)
:\....{~ PfJ.
~ ..... "<~ PATRICIA KOWALSKI
* MY COMMIssION , DO 265Q7s
";.. ,.. EXPIRES: November 11, 2007
^'?f' OF rc &-f> 8Mdect 1lttu Budpet HttIry StrviceJ
"
~J:V /:::-rV~~~
Notary Public
WITNESS:
CITI OF BOYNTON BEACH, FLORIDA
Kurt Bressner, City Manager
ArrEST:
City" Clerk
4
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
, City Manager and , City Clerk
respectively, of the City named in the foregoing agreement and that they severally acknowfedged
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 Pu~lic
Approved as to form:
City Attorney
5
Palm Beach County Property Appraiser Property Search System
Page I 01'2
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Home ~:; ~~~_Yi;:~J.#",-,~~t~r,"~~~~"I~'&"""~~';;~ ~,~<w ->_ -,>, h ,
Property Information
Location Address: 823 PALMER RD
l~~~~QiII
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0400
Subdivision:
Official Records Book: 09553 Page: 1840 Sale Date: Nov-1996
Legal Description: 4-46-43, E 250 FT OF SLY 144.58 FT OF NLY 622.40 FT AS MEASURED
ALG W LI OF FIND CNL IN GOV LOT 1 LYG E OF SR
Owner Information
Name: GROSS KATHY R &
~MrA~kl
Mailing Address: 823 PALMER RD
DELRAY BEACH FL 33483 6315
Sales Information
Sales Date Book/Page Price Sale T~ Owner
Nov-1996 09553/1840 $261,900 WA RRANTY DEED
Oct-1996 09494/0103 $100 CERT OF TITLE
Sep-1992 07443/0465 $100 Q un CLAIM
Exemptions
Regular Homestead: $25,000
Total: $25,000
Year of Exemption: 2006
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Us~ Cod~: 0100
2003
112 38
855000
967 38
Description: RESIDENTIAL
Tax Year 2005
Number of Units: 1
*Total Square Feet: 2841
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
..~
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
~""""">""""""'"
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detail on one page.
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bttp://www.co.paJrn-beach.fl. us/papa/aspx/web/detail_)nfo.aspx?p _ entity=004346040000 1... 1/31/2006
Search Result
Page 1 of2
Document Detail
Type: 0
Date/Time: 12/4/1996 08:19:29
CFN: 19960422414
Book Type: 0
Book/Page: 9553/1840
Pages: 2
Consideration: $261,900.00
Party 1: HOME SAV AMERICA
Party 2: GROSS RENE HELMUT & KATHY RUTH
GROSS KATHY RUTH (M)
Legal:
Copyright C9 2006 by
NewVision Systems Corporation. All rights reserved.
http://oris.co.pa1m-beach.f1.us/of_web1/detai1s_des.asp?doc_id=2532316&file_num=1996...1/31/2006
THIS INSTRUMENT PREPARED BY:
James A. Cherof, Esquire
3099 East Commercial Blvd.
Suite 2DO
Ft Lauderdale, FL 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ~ h 8-1?~
I/We, ~/Je QoSJ''-/- /~~ r;;edSf, 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:
00- 13 -eft- - 01- to.- CJO I - 0 </00
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the &U day of
9/}u"5~ , 20 db and the powers and authority shall be irrevocable by
Grantee.
, . ,/70
IN WITNESS WHEREOF, we have hereunto set our hands and seals the d-Y
day of~ ~ . in the year two thousand and ::::2-tJt:I~
Sealed nd delivered in the presence of
Le~ Tef(F~LL-
Printed Witness Name
~,,--- r;,-<J~l ,---
itness Signature
h I,/~/~' /<#tfJ/4L.sh,"
Printed Witness N e
~oS\
lRaln . LeAf'[ e( t
~i~S Nemey ;J L _
( ~ c- /\Aru..JLY...J
Witness Signature
/;,1r-/~/'/9 /);,wJALsk., -
Printed Witness Name
STATE OF FLORIDA )
.'. ) ss:
COUNTY OF pALM BEACH )
THE: FOREGOING INSTRUMENT was acknowledged before. me this ~-I day
of *-C!1 ' 20tl~, by 1?<2H<o C,tl,,~ . and
Ie.. ~ .. ,who are known to me~ or who have produced
. , as identification. and who did/did not take an oath.
~~~~J ):- ~&L ,~
N0;I4RY PUBLIC . _ _
/7ZJl-r/c//9. /cOt.U/lLslc I
Type or Print Name
Commissi6;m\ No.
.,..o,~::Y.~~~t> PATRICIA KOWALSKI
.. ...~ .. MY COMMISSION' 00 265878
"'~,. EXPIRES: November 11, 2007
"., 'c of Fe r:!'-{:> Bonded Thnt Budge! Hollry S8IYices
My Commission Expires:
)A./ND
TonA Y'S DATE:
CURRENT SERVICE REQUEST:
~._,.~_._---._--~-~.~~ - ..-'--'----.
FOR OFFlCE USE ONLY
Customer ACCODnt Number
initial
PLEASE COMPLETE ALL INFORMATION
-/ .'
Date -Servire Requested:
CUIDI
LOCIDI
Deposit Amount: $
AccoWlt Name: </(e VI e 61' rY S J
Service Location:-8 2 3 ~ 1M W
Mailing Address [If dilfecent): ?Ok.-l L
~J.~g1,.c<r ,t.:~ :f].H~?la
07Zf
PREVIOUS sERVICE RECORD:
Have you had ntiljty service with the City of Boynton Beach before? ve J
-If yes, please give the former 3CConnt name and address on the next line;- (
(,{..;/-r,{ A...uc...... ~ //20S. :ree(. N ~~ W..y
);j N_. _..~ TOn rf
PLEASE MAKE CHECK PAYABLE TO: CITY OF BOYNTON BEACH
B(frY ~
CUSTOMER RElATIONS
100 E BOYNTON BEACH BLVD
POBOX 190
BOYNTON BEACH, FL 33425-0190
Please make SUre the infonnation completed on the front of ibis form is correct before
signing this application. By signing below, you acknowledge and agree to the following:
I bave received a copy of the CItY of .IJoynton Beacll "Guide"to Water arid Sewer Service" which
outlines customer account billing Procedures, policies and Cees(including pOss.ible $20 turn-on
fee to be billed to the account).
I undexstand - that all meters are and remain the property of the Utility Department of the City
of IJo,YDt4D Beach, and that no person shall maliciOusly, wiUfuJIy, or negligeotJy break. damage,
destroy, nric;over,. delete, or tamper with any structure or appurtenance or equipment which is
part o~tbe sewer or waterworks systems or Ute City.
I understand that it is my responsibility to contact the Utility Department oCthe City of
BoyntOn Beach if I wish to cancel utilities services to the Service Location.
By signing this application, I understand and agree that the City of Boynton Beach shaD not be
responsible fur any wa ge or other claim, loss, or damage whatsoever, arising out of or
in any yily connected . the ipitiation of utilltirsservice to the Service Location, including
/~Y~mages- - m the negligence of the City, its emp~yees oragents.
/0(' ~: . / 29 t/b
Date -
App/kat1l$ may also drop off application and aU applicable deposils at Oty Hall in the Man. located at Boynl4o BtadJ
MaD om to Burdines. Hoors of operation areMonday ~ Friday 10:00 aJD to 7:90 pm, Saturday 10:" am 14 3,00
pm 2bd dosed 00 SuDeJa,s sod holidays. AD Jlppfic8dODS wHl be processed the following bnsiness day. Deposits must be
DI8de by ch<<k-or money order orily at Dty HaU in the MalI.
.
1 in. = 55.1 feet
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823 Palmer Rd
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.8
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 Offic~
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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 2, 2006 (Noon) [gJ March 2 I, 2006 March 6, 2006 (Noon) -
. .
0 Administrative 0 Development Plans \ .-'
c.-)
NATURE OF [8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal ..
c , ...-'_~'~
0 0 ...-~~ -.,---'
Bids Unfmished Business ., ,.-~ i ' \
f'..J -~, .'--'
0 Announcement 0 Presentation ~--.. -)
:]:
0 City Manager's Report
RECOMMENDA nON:
Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Vincent
Nocera for the property at 807 Palmer Rd. Delray Beach, FL (Unincorporated Palm Beach County).
EXPLANA nON:
The parcel covered by this agreement includes a single-family home in unincorporated Palm Beach County. Potable
water and wastewater service are not available at the present time, but are in the process of being installed at the
adjacent development. The applicant will be responsible for extending these services to there current and future
units.
PROGRAM IMPACT:
No additional construction will be required by the City to serve this property.
FISCAL IMPACT: None
Utilities
Department Name
City Attorney I Finance I Human Resources
XC: f/peter Mazzella (wi copy of attachments)
Michael Rumpf, Planning & Zoning "
Anthony Penn
File
S:\BULLETIN\FORMSIAGENDA 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 \V A TER
6 SERVICE OUTSIDE THE CITY LIMITS AND
7 COVENANT FOR ANNEXATION BETWEEN THE
8 CITY OF BOYNTON BEACH AND VINCENT NOCERA;
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 807 Palmer Road, Delray Beach, Florida
14 (Unincorporated Palm Beach County); and
15 WHEREAS, the parcel covered by this agreement includes a single-family home
16 located in unincorporated Palm Beach County; and
17 WHEREAS, potable water and wastewater service are not available at the present
18 time, but are in the process of being installed at the adjacent development. The applicant will
19 be responsible for extending these services to their current and future units; 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
29 Vincent Nocera, which Agreement is attached hereto as Exhibit "A".
30
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA \RESO\i\.greements\ Water Scrvice\Nocera Water Service AgreemenLdoc
1
2
3
4
5 PASSED AND ADOPTED this _ day of March, 2006.
6
7
8 CITY OF BOYNTON BEACH, FLORIDA
9
10
11
12 ~ayor
J3
14
15 Vice ~ayor
16
17
18 Commissioner
19
20
21 Commissioner
22
23
24 Commissioner
25 Attest:
26
27
28 City Clerk
29
30
31 (Corporate Seal)
S:\CA\RESO\Agreements\Water Service\Nocera Water Service Agreement.doc
(Joogle Local - 807 Palmer Road, Delray Beach
Page lor]
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3/212006
THJS INSTRUMENT PREPARED BY:
J iP! I ", Cherof, Esquire
GOi~L. Cherof, Doody & Ezrol, P.A.
3099 bJsl Commercial Blvd.
Smlc 200
FL Lauderdale, FL 33308
AGREEMENT FOR WATER SERVICE OUTSIDE
THE ClTY LIMITS AND COVENANT FOR ANNEXATION
THIS A GREJ.;:1\j1ENT made on this _ day of , 200_, by and between
---'vl-f\C.e.Vl+ Noeefo..... hereinafter called the "Customer", and the
ClTY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called
the "City".
WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of
Boynton Beach, Florida; and
WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water
service to the property owned by Customer; and
WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's
property; and
WHEREAS, the City of Boynton Beach has a pohcy 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 ofthe 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:
l. 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, 8 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 confonnance with all codes, rules and regulations
applicable to the instaJ1ation and maintenance of water service lines upon the Customer's premises.
AJ1 such lines shall be approved by the Director of Utilities and subject to inspection by the City
An .,l! lines shall be approved by the Director of Utilities and subject to inspection by the City
I The City shall have the option of eitber reqmring the Custom~r to perform the work
.' to conform the lines or the City may have the work performed on behalf ofthe Customer,
in wInch case the Customer will pay in advance all estimated costs thereof In the event the City has
sueD work perfoillled, the Customer win also advance sHch ad(lItional fllmls 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.aJ)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 tbe City the power and authority to execute and advance on
bebalf of tbe 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 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
de:(Tibed in paragraph 1 above. This Agreement and the power of attorney referenced herein isto be
It, ( I dcd in the Pubhc 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 aJJ successors
and assigns.
10. It is agreed that the City shall have no liability in the event there is a reduction,
impairment or termination in water service to be provided under this Agreement due to any
protnbitions, restrictions, limitations or requirements ofJocal, 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 cifcumstances beyond the City's
reasonable control.
11. The Customer hereby agrees to indemnify, defend and bold harmless the City of
Boynton Beach, Florida, its Mayor, Members of the City Connnission, Officers, employees and agents
(Both in their individuaJ 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 willi
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.
} 2. 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 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 beheficialtitle to the
property which is the subject of this Agreement.
--
?t IN WITNESS WHEREOF, the parties hereto bave set their bands and seals tbis~ day of
-->" :--:r · 200 b
.. /~~~ / / ~ tf )~DIVIDUAL(S) AS OWNER(S):
X~~X} X;~u~~~
Witness Signature Owner Signature
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Printed Witness Name
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Witness Signature . ( . .
V/AI(l.c;,4/T Ii o (!E/d./l
Printed Owner Name
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Printed Owner Name
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FOR INDIYIDUJ\L (S) NOTARIZATION:
STArE OF FLORIDA )
) 55:
COUNT'!' OF PALJvl BEACH)
I IIEREB Y CERTIFY thai on this day, before me, an officer duly authoriz,cd ill the Slate
afor,"s:n~aB;1 1H the AFO~lJl~ ::fore,aid to take admowledgmcots, personally appeared
__Jl!.l1~t-k:.j)L---4-t2..C.fi'Lj./-------- _nn____________-------- to me known to be Ill<-
person(s) described ill and who executed the foregoing instrument that he/she acl\.l.- wJedged before
me that he/she executed the same; that the indiyjduaI personally known to me r provided the
foJlcr\ving plOof of identification: .___~____u__
(~' W ITN ESS my hand and ~f;'c;a] ,eal in the Connt y and State last afOJ Cf,aid (In~ 20 lay 01
., ~.___.,., 2 OCt, ,
..
(No1;lIv Sea ",-:;~"t::', ROBERTA MASSEY ~ l
.' --:w...._~',
=_I*.:.:"A\.~;:_: MY COMMISSION # DO 475168
'.;J,'~;{{ EXPIRES: January23,20tO ---- /'N' ot'ary P'l}bJ]-(.~. rz~~
~Hf"r.-,'" Bonded Thru Notary Public Underwriters 0'
Wl'rNr;'sS-
CITY OF BOYNTON BEACH, FLORIDA
- --~----_._---_.,-----------------_._--_._~-~-----_._-- --
Kurt Bressner, City Manager
ATTEST:
City Clerk
STATE OF FLORIDA )
J
STATE OF FLORlDA )
) ss:
COUNTY OF PALM BEACH)
1 HEREBY CERTlFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personaJJy 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 this -'"--_ day of
~ ~~.__, 200t
--. ~
(Nmary Seal)
Notary Public
Approved as to fonn:
City Attorney
>,a.'
5
Palm Beach County Property Appraiser Property Search System
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Property Information
Location Address: 807 PALMER RD
Municipality: UNINCORPORATED
Parcel Control Number: 00-43-46-04-00-001-0110
Subdivision:
Official Records Book: 18294 Page: 1072 Sale Date: Feb-2005
I&Ri!LQ~!igjmiQl1: 4-46-43, SLY 78 FT OF N 564.1 FT OF WL Y 140 FT OF E 590 FT OF GOV LT 1 W OF FIND
CNL IN OR1688P754
Owner Information
1.,b.lli~~.1:,1
Name: NOCERA VINCENT
Mailing Address: 243 E MCKINLEY ST
STOUGHTON WI 53589 1626
Sales Information
Sales Date Book/Page Price Salg~TYP~
Feb-2005 ~29_1LMlL~ $625,000 WA RRANTY DEED
Feb-2005 1_8195lQil42 $10 Q UIT CLAIM
Sep-2004 1l57~L164~ $10 Q UIT CLAIM
Owner
NOCERA VINCENT
MASON HOBART W
MASON HOBART W lit
Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Tax Year 2005
Number of Units: 2
*Total Square Feet: 2320
Us~~ode: 0800
Description: MULTIFAMILY < 10 UNITS
* in residential properties may indicate living area.
- ssesse an axa e a ues
Tax Year: 2005 2004 2003
Assessed Value: $313,59 $286,02E $252,999 I~Jnua~
Exemption Amount: $ $U $0
Taxable Value: $313,59 $286,026 $252,999
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Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
Tax Values
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.
R,~l;Q[Q..Search \lDforfllilQQQ \ Exemptions L COf)lmuQi!:y I r::illplovmenll New Home I?lJYg I Olfi~_lo(:ations
yamn.ArujJstm(>f)LBilimt I ~9-",-e.J)lJLtl9mes I Senior Corn(>[ I Qisclaimer
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l-.tt...../lurU1Ul ro n::l1m_heach.fl.us/papalaspxJweb/detail_info.aspx?p_entity=0043460400001... 1/25/2006
THIS INSTRUMENT PREPARED BY
Jdml::':, /. Che/of, Esquile
3ml'; l ':;,.mmercial Blvd.
Suiyr
Fl Lu',,';r:ale. Fl 33308
IRREVOCABLE SPECIAL POWER OF ATTORNEY
(By Individuals)
STATE OF FLORIDA
COUNTY OF ?CLl Yh &CLc.l
I !We , j//Ii't.E ~r
/~CL! ~?f
/
, hereinafter "Grantee", hereby
make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and
lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole
purpose of executing on behalf of Grantee the power to initiate, maintain, and complete
a voluntary petition for annexation of the real property described herein into the CITY
OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH
full and complete authority to act on Grantee's behalf to accomplish ann~xation by any
available means. The real property which is the subject of this power is described as
follows:
00 - f./3 - Lf fO -Olf - CO - (Jot -Of /0
The powers and authority of my attorney, THE CITY OF BOYNTON BEACH,
FLORIDA, shall commence and be in full force and effect on the ..:z L day of
~~ 20 r; and the powers and authority shall be irrevocable by
Grfsltee. t/ ~ ,
~
IN WITNESS WHEREOF, we have hereunto set our hands and seals theB-~ >(
day of ~~:::::t,~li~ht::,e::~~:~~:~:;sand andd e~~
;i~-tcf_~~
W~~r~-_n-A
Witness Signature
A-lJELJ; UL.CDJ~___~--4
Printed Witness Name
/~ ~
i~.J;J -~
itness Signature
b-erk ~~
P inted Witness Name I
-i-11a / 4~n__n__ ;/OC ~~/1-
Printed Owner Name
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Owner Signature
11 / JJ/~EI1/L IloC! IF€- /f
Printed Owner Name
Witness Signature
Printed Witness Name
Witness Signature
Printed Witness Name
STATE OF FLORIDA )
) 5S:
COUNTY OF PALM BEACH )
t1:HE FOREGOING INSTRUMENT y.ifjs acknowledged before me this ,.).3 day
of ~.l , 2006 , by V J I\J eem N'()(pffl and
, who are known to me or who have produced
~rCi..t..A-- , as identification and who did/did not take an oath.
(!fi~!/:U~f
f>1.~..a.. ~/ ~.
Type or Print Name
Commisskm No.~ M. l1lnU BenItez -
\.. ~; My CommInIon 00231048
".. ';.I ElcpinII SeptlIrllber 21 0 2Of1T
My Commission Expires:
POAIND
...
1 in. = 33.5 feet
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0221
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04
807 Palmer Rd
CITY OF BOYNTON BE\('II UTILITIES SFH\WE \1'1'11<'\110'\
'roDAY'SDAn:___/.,;z_5~ . 0 {;
\
Mailillg Address (if different):
I'l.EASE COMPI.ETE \LL INfORMATION
-~ Dal.S<nin R'(luest'd;--~'~_ _W/ ~
Deposit Amount: $ . ~ ~ ~y __ I U'\d'"'.. /'V\
cUmt ----i'OCIDI-- --~+- L U'L/,GU
UO,J ce~ f), L r? R Fl-
#J~-- ~7:7!L7f? 3 3~ J' 3
Home Pbone No. (561) -;7 t?2. - h ~ r1-CJ
noms l.icens. No. Or Current Jdmtificalion: . ~ ~ 6~ g c:; () .9 ~- C/o 7 ~ 0 V:J:J>
Social S.rurity No.~.-:..__3..P' /~ 3 _
Sponse Name: ~ ___
Employer's Name: _~
Business Pbone No. (561) ;7 ~ c::< - t;;; ~
Employer's AddTP~ _
nate of Birtb: // I ~ q I q <(
CURRENT SERVICE REQUEST: ~
-~---~~----- - ,--
FOR OFFICE IJSEONLY
Cmlomn Account NuJJlb~J i llial
Email AddHss__
~ v.-i...b to re-ceive a "Bank DTafting application? ___.____.____
~ Tenanl (circle one). H "'nanl, please pro)ide infonnation on owner of IoCIlion:
Owner; .. Telepbone No. 5{; / - 7t? 2 -c: 6' t:J=-O
PREVIOUS SERVICE RECORD:
Ibn YOD bad Dlilily serYke with the Cily of Bop,l"" Beach before? ?~
~=;!~and~;;e;on~~~:;?-R t:' ~ TL ~ ~~~
Nlt~ / Ad6r?s" , -;;;r ,. ~
PLEASE MAKE CHECK PA YABLE TO: CITY OF BOYNTON BEACH
CUSTOMER RElAI10r,S
100 E BOYNTON BEACH BLVD
PO BOX 190
BOYNTON BEACH. EL 3_14:'5 01 '!O
Please make sure the infl)rmatil)o wmpleted I)n the 'ront I)' this fl)rm is wrrect bdore
signing this appJicatil)n. By signing bell)W, you acknl)wledge and agree to the fl)lIowing:
] bave received a CI)PY orthe City of Boynton Beach "Guide to Water and Sewer Service" which
outlines customer acreuot billing procedures, policies and fees (including possible $20 tUOl-on
fee to be billed to the account).
] understand that aU meters are and remain Ihe property of Ihe Utility Departmenl of the City
of Boynton Beach, and lhatno person shaD maliciously, willfully, or negligently break, damage,
destroy, uncover, deletet or tamper with any structure or appurtelL"lncf' or equipment which is
part of the sewer or waterworks systems of the City.
] understand lhat it is my responsibility 10 contaclthe Utility Departmenl oflhe City of
Boynton Beach if] wish 10 caneel utilities services 10 Ihe Service Location.
By signing this application, J understand and agree that lhe City of Boynlon Beach shaJlnol be
responsible for any water damage or other claim, loss, or damage whatsoever, arising out of or
in any way cted with the iniliation of utilities service to the SerYice Location, including
any dam r ../ ;:uJt~ f~he nee of the City, its employees or agents.
,.--(./~ h ~ / -;;< -f' . CJ 6,
Sjgnature- Date
Applicants lnal also drop o.ff applicalioo and all applicable: deposits at Ot)' Hall in tht l\.:1an.loca1td at Bo)'nLon Be1tw
MaD nm to Mac:y'~ Honis of optDtion an Monday through Friday 10:90 BID 107:00 pm,. Saturday 10:00 am to. 3:00
pm and d05ed on Sundays J!lDd bolidays. All applications win be pro<'tsSf'd [he following business da}'. Deposits mus.E bf'
made by check m- money o.rde-r only al City "all in Ik Mall
~r\
':. t<,-
". - V
"
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACI ITEM c.g.
AGENDA ITEM REQUEST F01_H~
Requested City Conunission Date Final Form Must be Turned Requested City Conunission Date Final Form Must be Turned ill
Meetin2 Dates in to City Clerk's Office Meetinl!. 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)
0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) [8] 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 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Approval of the ratified addendums to the NCF&O Blue Collar collective bargaining agreement
for Wages, Standby and Callback, and Labor Management
EXPLANATION: The blue collar collective bargaining agreement established a wage re-opener for fiscal year 2005/2006
to afford the NCF&O the opportunity to negotiate wages for its members following the results of the Classification and
Compensation Study, and a following re-opener for fiscal year 2006/2007 if an agreement for wages could not be reached
for both years during the first re-opener. In addition, the collective bargaining agreement allowed for two additional articles
to be re-opened in 2005/2006. The additional articles opened were Standby and Callback, allowing for a minor
modification to time calculations of overtime, and the establishment of a joint Labor Management Committee by inserting a
new article with the same language regarding Labor-Management from the white collar collective bargaining agreement.
With the completion of the study reconunendations, the City met with the blue collar union representatives, negotiated and
agreed to the attached contract modifications for your approval.
PROGRAM IMPACT: This will impact all employees currently represented by the NCF&O blue collar bargaining unit.
FISCAL IMPACT: The funds for this wage modification have been budgeted and approved by the City Manager.
D e H d's Signature
.~.~WA
. " Department Name
..,TIVES: Not approve the proposed change as agreed and move to impasse proceedings with the NCF&O
!!!f'~n
, CitY Manager's S' lure
City Attorney / Finance / Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
]
2
]
4
5
6 A RESOLUTION OF THE CITY COMMISSION OF THE
7 CITY OF BOYNTON BEACH, FLORIDA, RA TIFYING
8 THE FIRST, SECOND AND THIRD ADDENDUMS TO
9 THE BLUE COLLAR COLLECTIVE BARGAINING
]0 AGREEMENT 2004 - 2007 BETWEEN THE CITY OF
] ] BOYNTON BEACH, FLORIDA AND THE NATIONAL
12 CONFERENCE OF FIREMAN AND OILERS, SEIU, AFL-
13 CIO, I.,OCAL 1227 (NCF&O) FOR THE FISCAL YEAR
14 200512006 WAGE REOPENER, FOR CHANGES TO
15 STAND-BY AND CALLBACK; ALLOWING FOR A JOINT
16 LABOR MANGEMENT COMMITTEE; AND PROVIDING
17 AN EFFECTIVE DATE.
18
19
20 WHEREAS, the Collective Bargaining Agreement established a wage re-opener for
RESOLUTION R06 -
21 fiscal year 2005/2006 to afford the NCF&O the opportunity to negotiate wages for its members
22 following the results of the Classification and Compensation Study; and
23 WHEREAS, the City representatives met with the Blue Collar union representatives,
24 negotiated and agreed to the modifications to Article 18, Wages, a copy of the First Addendum
25 to Collective Bargaining Agreement is attached hereto as Exhibit "A"; and
26 WHEREAS, the parties discussed other contract re-openers and agreed to add Article
27 55, Labor Management, establishing a joint Labor Management Committee, a copy of the
28 Second Addendum to Collective Bargaining Agreement is attached hereto as Exhibit "B"; and
29 WHEREAS, the parties also re-opened Article 20, Stand-By and Callback, pay allowing
30 for a minor modification to time calculations of overtime, a copy of the Third Addendum to
3] Collective Bargaining Agreement is attached hereto as Exhibit "C"; and
32 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the
33 best interests of the residents and citizens of the City to ratify this First, Second and Third
S:\CA\RESO\Agreements\CBA Ratijications\Blue Collar Wage reopener doc
14
15
16
17
18
19
20
21
22
23
24
25
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27
28
29
30
31
32
33
34
35
36
37
38
Addendums.
2
3
4
5
6
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 hereby
7
ratified and confirmed by the City Commission.
8
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
9 ratify the First, Second and Third Addendum to Collective Bargaining Agreement between the
10 City of Boynton Beach and the National Conference of Fireman & Oilers, Local 1227 (Blue
11 Collar), copies of which is attached hereto and made a part hereof as Exhibit "A", "B" and "C"
12 respectively.
13
Section 3.
This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this _ day of March, 2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
S:\CA \RESO\Agreements\CBA Ratifications\Blue Collar Wage reopener.doc
Blue Collar Wage Re-opener
2/23/2006
FIRST ADDENDUM TO COLLECTlVE BARGAINING AGREEMENT
The Cit)' d Boynton Bcach and the National Conference of Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227, Blue
CoIL;, Barpming Unit have heretofore entered into a Collective Bargaining Agreement effective October], 2004 to
September 31, 2007.
The panies met on February 23, 2006, to discuss Wages. The panies agrced to modify Article 18, Wages, as follows:
]8.0
]8.]
182
ill
18A
]8.5
]8.6
18.7
WAGES
Effective October I, 2004, bargaining unit employees shall receive a 2% market adjustment added to base wage.
Effective April], 2005 bargaining unit cmployecs shall receive the following Performance Evaluation wage
increase, added to base wage:
a. Performance cvaluation score shall generate a merit increase as outlined in the schedule outlined in Appendix
B of this agreement.
b. Performance evaluation score is below 2.0 No wage increase will be applied.
Effective October], 2005, bargaining unit employees shall receive a 2% market adiustment added to base wage.
Effective February 8, 2006. the pay ranges for bargaining unit pOsitions will be increased by 8.47% at the
minimum of the range and 8.47% at the maximum of tile range, with no corresponding increase to
individual employees.
Effective February 8, 2006. those bargaining unit positions listed on Appendix One en who were upgraded as a
result of the Classification and Compensation Study as approved by the City Commission on January 17.2006.
will receive a 5% increase.
Effective February 8, 2006. bargaining unit employees shall receive a 4% market adiustment added to base wage.
Effective April I. 2006. bargaining unit employees shall receive the following Performance Evaluation wage
increase, added to base wage:
ih Bargaining unit employees who obtain a performance score of2.0 or higher will receiye a base wage increase
equal to the score. not to exceed 4%. .
Q, For performance evaluation score below 2.0, no wage increase will be applied.
Effective October 1. 2006. the pay ranges for bargaining unit positions will be increased by 8.5% at the
minimum of the range and 8.5% at the maximum of the range. with no corresponding increase to
individual employees.
18.9 Effective October I, 2006. bargaining unit employees shall receive a 5% market adiustment added to base wage.
] 8.1 0 Effective April 1. 2007 bargaining unit employees shaJl receive the following Performance Evaluation wage
increase. added to base wage:
ih Bargaining unit employees who obtain a performance score of2.0 or higher will receive a base wage increase
equal to the score, not to exceed 4%.
Q, Performance evaluation score is below 2.0 No wage increase will be applied.
~ l1Jl No employee will receive a base wage less than the minimum of their pay grade unless they are in a trainee
status. No employee will receive a wage increase to a rate higher than the maximum salary for the position. An
employee that is at the maximum salary range shall receive the market adjustment increase and the Performance
Evaluation wage increase, if applicable, as a lump-sum payment.
18.8
+&4 ] 8.12 lne April I Performance Evaluations and re-evaluations at each thirty (30) day period as outlined below shall be
completed in a unbiased and fair manner. Justification for all performance evaluation scores "exceeding
standards" or "needs improvement" must have been previously provided to the employees being evaluated.
Through LaborlManagement meetings, the Union and City shaJI continue to work on the evaluation process in
order to ensure pay equity for employees.
+€8 lill Employees who receive a performance evaluation rating that falls below a "Meets Expectations" (rating ofless than
2) shall be placed on a Performance Improvement Plan. It is the responsibility of each employee to perform at a
minimum level of "Meets Standards".
18.14
Employees who appeaJ the results of the ClaSsification and Compensation Study and are granted an
upgrade by MGT as a result of their appeal will receive a retroactive grade change and retroactive salary increase
to the date of the mass change for aJl other grade adiustments as a result of the study.
~:f3ID&
?)3/ot
1;4
NCF&O, SElU, AFL- 10
LOCAL 1227 (Blue Collar)
I
i
r;;.X}.J1'13 lJ itA 1/
Blue Collar Contract Addendum
2/23/2006
SECOND ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT
The City of Boynton Beach and the National Conference of Firemen & Oilers, SEIU, AFL-CIO,
CLC LOG, ] 227, Blue Collar Bargaining Unit have heretofore entered into a Collective Bargaining
Agreement effective October I, 2004 to September 3],2007.
The parties met on February 23, 2006, to discuss contract re-openers. The parties agreed to add
Article 55, Labor Management, as follows:
ARTICLE 55
55.0 LABOR-MANAGEMENT
55. I A joint labor/management committee composed of an equal number of representatives from the
union and management shaH meet within thirty (30) days of the ratification of this agreement to
study and make recommendations on ways to minimize overtime costs, standby costs, and improve
working conditions for employees, or to take up other subjects as detennined by the committee.
During the first meeting, the committee shaH detennine a meeting schedule to be implemented.
of,^,~,,/'JJ i;rOxJ1 ~/~(fi"
~f If> ynton B ch "I ~
,
1A-~~8~ }/~5JOh
LOCAL 1227 (Blue Collar)
Ex IV / t3 iJ II 13 1/
Blue Collar Contract Addendum
2/23/2006
THIRD ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT
The City of Boynton Beach and the National Conference of Firemen & Oilers, SEIU, AFL-CIO,
CLC Local ]227, Blue Collar Bargaining Unit have heretofore entered into a Collective Bargaining
Agreement effective October J, 2004 to September 3 J, 2007.
The parties met on February 23,2006, to discuss contract re-openers. The parties agreed to add
Article 55, Labor Management, as follows:
20.0
20.1
20.1.1
20.1.2
20.1.3
20.1.4
20.2
20.2.1
20.2.2
ARTICLE 20
STANDBY & CALL BACK PAY
STANDBY PAY
In order to provide coverage for services during off-duty hours, it may be necessary to assign and
schedule certain bargaining unit employees to standby beeper duty. A standby beeper duty
assignment is made in writing by a department director or his/her designee who requires an
employee on his/her off-duty time, which may include nights, weekends or holidays, to be
available to perform his normal daily job function during off hours, due to an urgent situation. The
written directive placing an employee on standby shall specify a starting and ending period.
Employees placed on Stand-by shall be assigned a take-home vehicle in compliance with the
department's rotation list appropriate for the completion of the task required of the employee
should he/she be called back to work. All take home vehicles shall be equipped with Automatic
Vehicle Locators (A VL) capable of tracking a vehicle's location and the time of day. The A VL
capability will substitute for the City time clock for those employees responding to emergency
situations in take home vehicles. Therefore, those employees on Stand-by will not be required to
punch in or punch out on the normal City time clock and ffisteaJ may travel directly to and from
their home to the work site when responding to after-hours emergencies. For payroll purposes, the
starting time of the employee responding to emergencies will be that time when the vehicle leaves
the employee's home and the ending time will coincide with provisions outlined in section 20.2 -
Call Back Pay.
An employee who is called while on standby but who only responds by telephone or electronic
communication is not entitled to call back pay however, the employee shall be entitled to one hour
of straight time pay, up to a maximum of five (5) such one-hour payments in a seven-day standby
period. Any subsequent call responses are considered as compensation under the initial standby pay
allowance. Such pay shall be documented with the time of call and a summary of resolution of the
incident telephonically or by electronic communication on log sheets prescribed by the City. If the
duration of the call is less than 15 minutes, such time shall not count toward hours worked for
FSLA purposeso, until such time exceeds 15 minutes in total for that work week.
The employee shall receive one hour of pay at time and one half the employees base rate of pay for
each 24 hour period that they are assigned standby beeper duty. Time spent on standby does not
count as time worked for calculation of hours worked in a workweek or for overtime purposes.
CALL BACK PAY:
Any employee called back to work after having been relieved and having left the assigned work
station or called in before his/her regularly scheduled work time, shall be paid the actual time
worked at time and one-half or a minimum of two (2) hours pay at straight time when such
callback is between the hours of 8:00 a.m. and 12 :00 p.m. (midnight), whichever is greater. When
such callback is between the hours of 12:01 a.m. and 6:59 a.m. the employee shall be paid the
actual time worked at time and one-half or a minimum ofthree (3) hours pay at straight time,
whichever is greater. Ifwork conducted on the call extends into normal work hours, the time
worked will be paid at straight time. Employees called back to work during lunch breaks are not
entitled to Call Back Pay. In this case the finishing time for that particular work day will be
adjusted accordingly.
After an employee has been called out once during the employee's time off, all subsequent call outs
occurring prior to the employees next regular shift will be at a rate of one and one-half (I II2) times
his/her base rate of pay for actual time worked. Ifwork conducted on the call extends into normal
work hours, the time worked after the start time will be paid at straight time.
;;~J~;t ~:':., con~~ute' ,p"mium pay. Hou," worl<ed on "II ut count as hOU:' wO':"k ;J ~3 t
NCF&O, SEIU, AFL-CIO (i. /tJ?
LOCAL 1227 (Blue Collar)
E )/;+-)6// ~ !c. ))
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR
VI.-CONSENT AGENDA
ITEM C.lO.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 2 1,2006 (Noon)
0 January] 7,2006 January 3, 2006 (Noon) ~ March 21, 2006 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 Unfinished Business
o Presentation
- - !~";
1
r .... -1
'-~
RECOMMENDATION:
~
---I
-.
--
Motion to approve and execute by resolution, Amendment #1 to Task Order #U04~:06"1~r
$42,890, engineering services provided by CH2M Hill for the design, permitting and test w'~
construction of a Florida Aquifer well field, East Water Treatment Plant Expansion (EPX), Stage
1 project.
EXPLANATION:
The City Commission approved Task Order #U04-5-06 on July 6, 2004 for well field site analysis,
design criteria for the Floridan Aquifer test wells, grant applications, permitting, bidding and
construction phase services.
The City is moving forward with the construction and development of a second Aquifer Storage &
Recovery well, one (1) Floridan aquifer test production well and two (2) Floridan aquifer dual-
zone test monitor wells. The construction of these wells was bid and awarded with the City
Commission's approval on April 5, 2005. The construction of this project is now underway with
an anticipated completion date in November, 2006.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
During construction of this project, three (3) additional changes have occurred that increased
costs to CH2M Hill, the additional changes include:
1. A third grant application for an Alternative Water Supply (A WS) was submitted to the
South Florida Water Management District for the Floridan Aquifer wells. This additional
effort resulted in the SFWMD granting the City $500,000 under the State funded A WS
program enacted by Senate Bill- 444;
2. Additional permitting services due to the complexity of issues involved with discharging
highly brackish groundwater into freshwaters; and
3. Extensive rewriting of Division 1 Specifications during final review of bid documents,
services that were not covered under the original task order.
The three (3) changes noted above were unforeseen when TO #U04-5-06 was prepared.
FISCAL IMPACT:
TASK APPROVAL ACCOUNT NUMBER AMOUNT
Task Order #U04-5-06 July 6, 2004 403-5000-590-96-10 WTRI08 $ 424,450
Amendment #1 A2enda March!21,2006 403-5000-590-96-10 WTRI08 $ 42,890
TOTAL BUDGET $ 467,340
AL TERNA TIVES:
CH2M Hill has already incurred the costs for the additional services to prevent any delay in
constructiO~d ad. lines and should be compensated through Amendment #1. There is no
~tive. .
. 0 . ~~ ~~
J . ~r
, Kofi Boateng,
Director of Utilities
Kurt Bressner,
City Manager
~.
Utilities
Department Name
City Attorney I Finance I Human Resources
Attachments - Two (2) original Task Order Amendments
bc: .Kofi Boateng, Director of Utilities
(y Pete Mazzella, Deputy Director of Utilities
~ Paul Fleming Sr. Project Manager
Barb Conboy, Manager, Utilities Admin.
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 AMENDMENT NO.1 TO TASK ORDER NO. U04-5-06,
6 FOR ENGINEERING SERVICES PROVIDED BY
7 CH2M HILL FOR THE DESIGN, PERMITTING AND
8 TEST WELL CONSTRUCTION OF A FLORIDAN
9 AQUIFER WELL FIELD, EAST WATER TREATMENT
10 PLANT EXPANSION, STAGE 1 PROJECT IN THE
11 AMOUNT OF $42,890.00; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, Task Order No. U04-5-06 was approved by the City Commission on
16 July 6, 2004 by Resolution R04-108 for well field site analysis, design criteria for the
17 Floridan Aquifer test wells, grant applications, permitting, bidding and construction phase
18 services; and
19 WHEREAS, the City is moving forward with the construction and development of a
20 second Aquifer Storage & Recovery well, one (Floridan aquifer test production well and two
21 (2) Floridan aquifer dual-zone test monitor wells. During the construction of this project,
22 three (3) additional changes have occurred that increased costs to CH2M Hill which were
23 unforeseen; and
24 WHEREAS, The cost for Amendment #1 ($42,890.00) is not included in Task
25 Order No. U04-5-06.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption
30 hereof.
S:\CA\RESO\Agreements\Task - Change Orders\CH2M Amendment #1 to U04-5-06.doc
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution of Amendment # 1 to Task Order No.
3 U04-5-06 with CH2M HILL for engineering services provided by CH2M Hill for the design,
4 permitting and test well construction of a Floridan Aquifer well field, East Water Treatment
5 Plan Expansion, Stage 1 project in the amount of $42,890.00.
6
Section 3.
This Resolution shall become effective immediately upon passage.
7
8
PASSED AND ADOPTED this _ day of March, 2006.
9
10
11
12
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16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29
30 City Clerk
31
32
33' (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Task - Change Orders\CH2M Amendment #1 to U04-5-06.doc
Task Order No. U04.5.06
City of Boynton Beach East Water Treatment
Plant Expansion · Stage 1 Conceptual I
Preliminary Design · Phase 1 Engineering
Service for the Siting, Preliminary Design, Test
Well Construction and Evaluation of a Floridan
Aquifer Well Field · Amendment 1
Background
Task Order No. U04-S-06 - East Water Treatment Plant Expansion Stage 1
ConceptuaIj Preliminary Design Phase 1 Engineering Service for the Siting, Preliminary
Design, Test Well Construction and Evaluation of a Floridan Aquifer Well Field was
approved by the City Commission on July 6, 2004. CH2M HILL (CONSULT ANI) has been
working on this substantial project since that time. EPX project team coordination, well
field site analysis, design of the Floridan Aquifer test wells, and bidding services are now
complete and construction of the test wells are underway.
CH2M HILL submitted an amendment for this project by way of a Letter of Understanding
(LOU) on April 29, 2005. This amendment arose from changes in approach to the well siting
analysis, and also the desire to simplify the task budgets. As originally approved, the task
order comprised 11 separate tasks with separate budgets. However in a no cost amendment
it was agreed to group related tasks and reduce the total number of tasks. The tasks were
re-grouped as follows and task budgets amalgamated accordingly:
Task Description Total Fee
1 Coordination with EPX Team $25,500
2 Public Outreach and EPX Project team Support (allowance) $20,000
3-6 Well Siting and Design $83,950
7 Permitting Services (allowance) $15,000
DFBlT017MOD2 V2. DOC
8
9-11
Bid Phase Services
$14,500
$265,500
$424,450
Construction Services and Reporting
TOTAL FEE
Since the April 29, 2005 amendment was submitted, three additional changes have occurred
that have resulted in increased costs to CH2M HILL and the ability to deliver the project on
budget. These are changes to the original scope agreed and are submitted here as
Amendment 1. Amendment 1 therefore requests funding for the additional expenses
incurred by CH2M HILL to complete work on this task order. This document will amend
the original task order scope and budget prepared for Task Order U04-S-06.
Scope of Services for Phase I
The three additional changes to the original scope are listed as follows;
. Increased allowance for A WS Grant Application and EPX Team Support
. Increased allowance for Permitting Services
. Additional Bid Phase Services
The first change relates to an increased allowance for Task 2, Altemative Water Supply
(A WS) Grant Application and EPX team support. In the original task order a total
allowance of $20,000 was provided to cover costs associated with preparation of an
application for an A WS Grant Application, technical coordination with EPX project team
members and attendance at City Commission Meetings. All these above activities occurred.
In addition to these activities, a second A WS Grant application (which led to the successful
grant of $500K), a Commission PowerPoint presentation, and an EPX Executive Summary
were prepared. The first A WS Grant application, presentation and submittal were denied
as the original requirements (commencement of construction) were not met.
The second change relates to additional permitting services. In the original task order an
allowance of $5000 for pre-permitting events and an additional $10,000 was provided to
cover permitting issues, primarily relating to the well construction permit. However due to
the complexity of issues involved with discharging highly brackish groundwater into
freshwaters, and the importance of maintaining a tight construction schedule, additional
permitting services typically completed by the drilling contractor, e.g. permits for discharge
of test waters, were completed by CH2M HILL instead as directed by the CITY. In
summary the extent of permitting services has been more extensive and the following
additional permitting services have been completed by CH2M HILL;
. FDEP generic permit for discharge of test waters into L-28 and E-4 Canals
. LWDD Permit to discharge test waters into L-28 and E-4 Canal
. Contractor Assistance for SFWMD well construction permit
. US Fish and Wildlife notification
DFBlT017MOD2 V2.DOC
The third change relates to Bid Phase Services. Cost savings were originally sought by
combining construction of the ASR-2 Well at the East Water Treabnent Plant (completed
under Task Order 17) with construction of the EPX test wells (this task order), thereby
requiring bid phases for only one contract rather than two. Despite this, extensive rewriting
of Division 1 Specifications (General Requirements) occurred at the request of the CITY as
during the final review of the bid documents it was noted that not all of the latest City of
Boynton Beach General Requirements were incorporated with those used in CH2M HILL's
Standard Specifications. In addition, fully conformed contract documents were produced
which incorporated 4 addendums. These additional services were not allowed for under the
original task order.
Task 1 - Coordination with EPX Team
No change
Task 2 - Public Outreach and EPX Project Team Support
Additional services to be provided by the CONSULTANT are:
Task 2.4 - Second Grant Application for Alternative Water Sources
A second grant application to the SFWMD will be prepared for alternative water supply.
The original A WS grant application will be revised as the original requirements
(commencement of construction) were not met and minor changes to the proposed
construction have been made. A draft application will be submitted to the CITY for review.
This task will also cover any additional review meetings associated with the application and
presentation to SFWMD if required.
Task 2.5 - EPX Executive Summary and Commission PowerPoint
An executive summary and Commission Power Point presentation will be prepared under
the direction of the CITY. The objective of both documents is to summarize the current
stage of investigation and to outline in broad terms the proposed Floridan Wellfield and
Reverse Osmosis Water Treabnent Plant project. The executive summary will be suitable
for both public use and as supporting documentation for discussions with the regulatory
agencies.
Task 3.6 - Well Siting and Design
No change
Task 7 - Permitting Services
Additional services to be provided by the CONSULTANT are:
Task 7.2 Additional Permitting Services
DFB\T017MOD2 V2.DOC
3
An additional allowance of $21,000 will be provided for under Task 7.2 Additional
Permitting Services. This allowance will be used to complete the following permitting
related tasks:
. FDEP generic permit for discharge of test waters into L-28 and E-4 Canals
. LWDD Permit to discharge test waters into L-28 and E-4 Canal
. Contractor Assistance for SFWMD well construction permit
. US Fish and Wildlife notification
Task 8 - Bid Phase Services
Additional services to be provided by the CONSULTANT are:
Task 8.1 Bid Package Preparation.
Additional Bid Package Services will be provided to incorporate the most recent City of
Boynton Beach General Requirements into CH2M HILL Division 1 Standard Specifications
(General Requirements).
FULLY conformed U As Bid" Contract Document Specifications and Drawings, incorporating
all four addendums will be produced. The fully conformed documents will incorporate all
addendum changes into the original text specifications, rather than just appending the
addendums to the bid document.
Tasks 9 -11 - Services during Construction
No change
Assumptions
The following assumptions were made for the preparation of this Amendment:
. Electronic copies of the PowerPoint presentation and EPX Executive Summary only will
be provided so the CITY may publish the required number of hardcopies.
Contract Reference
This Task Order shall be performed under the terms and conditions described within the
Agreement for General Engineering Consulting Services dated July 6, 2004 between the City
of Boynton Beach and CH2M HILL, Inc.
Compensation
Compensation by the CITY to the CONSULTANT for the additional Phase I services will be
invoiced on a time and materials basis in accordance with the above mentioned Agreement.
DFB\T017MOD2 V2.DOC
The estimated compensation for the services described in this Task Order amendment is
$42,890 as shown in Table 1 below.
TABLE 1
EPX Additional Services
C f
ity 0 Boynton Beach
Labor Labor Expense Total
Hours Cost Cost
Task 2 - Public Outreach & EPX 101 $11,660 $1,230 $12,890
Project Team Support-
Task 7- Permitting 203 $18,750 $2,250 $21,000
Task 8 - Additional Bid Phase 27 $8,934 $66 $9,000
Services
TOTAL $39,344 $3,546 $42,890
The total revised fee is summarized below;
Original Budget $ 424,450
Letter of Understanding no change
Amendment 1 $ 42,890
Revised Total Fee $ 467,340
OF8\T017M002 V2.00C 5
Schedule
The detailed construction schedule already developed with the CITY's Project Manager will
not be affected by this amendment.
Authorization
DATED this day of
,2005
CITY OF BOYNTON BEACH
CH2M HILL, INC.
~~
Wendy Ner
Vice President, Area Manager
Kurt Bressner
City Manager
Attest / Authenticated:
City Clerk
Approved as to Form:
Attest / Authenticated:
Office of the City Attomey
Secretary / Notary
DFBIT017MOD2 V2.DOC
..~r\.
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VI.-CONSENT AGENDA
ITEM C.11
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meetin2 Dates in to City Clerk's Office Meetin2 Dates
0 December 6, 2005 November 14,2005 (Noon.) 0 February 7, 2006
0 December 20, 2005 December 5, 2005 (Noon) 0 February 21, 2006
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006
0 January 17,2006 January 3, 2006 (Noon) [8j March 21, 2006
Date Final Form Must be Turned
in to City Clerk's Office
January 17, 2006 (Noon)
February 6, 2006 (Noon)
February 21,2006 (Noon)
---.f __..~
1----...
----,
March 6, 2006 (Noon)
. /~ .---.
-.'--
I
(....,
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business 2'~~~
AGENDA ITEM 0 Public Hearing 0 Legal 0
0 Bids 0 Unfinished Business ~----'
0 Announcement 0 Presentation
0 City Manager's Report
~. l -~---""
.' ':::J:
RECOMMENDATION: Staff recommends adoption of Resolution R
to sign the Tenth Amendment to the Tower Site Lease and Joint Use Agreement.
granting the Mayor authority
EXPLANATION: This amendment authorizes Cingular through their Representative Bechtel to upgrade their radio
technology, do related maintenance, remove and replace antennas to the City's Tower Site as outlined in the Interlocal
Agreement.
PROGRAM IMPACT: It is necessary to replace the antennas in order to enhance radio communications technology
for Palm Beach County Fire Rescue paging system. In addition, Cingular has provided a tower study of the weight
and height to ensure tbat the tower will not be compromised structurally.
FISCAL IMPACT: No fiscal impact. Cingular Wireless assumes all cost for the upgrades and installations.
ALTERNATIVES:NO.ltem~ .. ,
tkil~l{i~~, ~I~ ~
ep ent ad's 81 e .
/
COMMUNICATIONS
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R 06-
2
3 A RESOI-,UTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE EXECUTION OF THE TENTH
6 AMENDMENT TO THE TOWER SITE LEASE AND
7 JOINT USE AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND CINGULAR WIRELESS AND
9 PALM BEACH COUNTY COMMUNICATIONS; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, upon recommendation of staff, the City Commission has determined
13 that it is in the best interests of the residents of the City to execute a Tenth Amendment to
14 the Tower Site Lease and Joint Use Agreement with Cingular Wireless and Palm Beach
15 County Communications; and
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption
20 hereof
21
Section 2.
The City Commission of the City of Boynton Beach, Florida does
22 hereby authorizing execution of the Tenth Amendment to the Tower Site Lease and Joint
23 Use Agreement with Cingular Wireless and Palm Beach County Communications, attached
24 hereto as Exhibit "A".
25
26
Section 3.
This Resolution will become effective immediately upon passage.
S:\CA\RESO\Agreements\10th Amendment to Tower Site Lease.doc
1
2 PASSED AND ADOPTED this ~ day of March, 2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 M~m
8
9
10 Vice Mayor
11
12
13 Commissioner
14
15
16 Commissioner
17
18
19 Commissioner
20 ATTEST:
21
22
23
24 City Clerk
~~
27 (Corporate Seal)
28
S:ICA lRESO\Agreementsl! Oth Amendment to Tower Site Lease.doc
************************************************************************
TENTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
betwcen
CITY OF BOYNTON BEACH, FLORIDA
and
NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company
F/KJA
AT&T WIRELESS SERVICES OF FLORIDA, INC.
and
:l
PALM BEACH COUNTY, FLORIDA
************************************************************************
Boynton Beach Towcr
....
Exhibits:
Exhibit "G" - Antenna Tower Schematics
G:\Propcrty Mgmt Scclion\OUl Lease\City of Boynton AT&T Tower\Tower Site Lease - 10th Amendment HF App 01.20.0(uloc
TENTH AMENDMENT TO TOWER SITE LEASE
AND JOINT USE AGREEMENT
THIS TENTH AMENDMENT TO TOWER SITE LEASE AND JOINT USE
A GREEM ENT(R -99- 311-0), is made and entered into this _ day of ,2006, by and
between The City of Boynton Beach, Florida, 'a municipal corporation ("CITY"), NEW CINGULAR
WIRELESS PCS, LLC, a Delaware limited liability company ("CINGULAR") flk/a AT&T Wireless
Services of Florida, Inc. a Florida corporation ("AT&T'), and Palm Beach County, a political
subdivision of the State of Florida, hereinafter referred to as ("COUNTY").
WITNESSETH:
WHEREAS, CITY and West Palm Beach Cellular Telephone Company entered into that
certain Towcr Sitc Lease and Joint Usc Agreement dated November 18, 1986 (the "Original Lease")
tor thc construction of a 320-foot self-supporting communications tower upon the Premises; and
WHEREAS, CITY and Palm Beach County Cellular Telephone Company, as the successor
in intercst to West Palm Beach Cellular Telephone Company, entered into that certain Amendment
to Tower Site Lease and Joint Use Agreement, dated June 21, 1988 (the "First Amendment"); and
WH EREAS, CITY and Palm Beach Cellular Telephone Company, as successor in interest to
Palm Beach County Cellular Telephone Company, entered into that certain Amendment Number
Two to Tower Site Lease and Joint Use Agreement dated June 20, 1989 (the "Second Amendment");
and
WHEREAS, CITY, Palm Beach Cellular Telephone Company, and Richard P. Wille as
Sheriff of Palm Beach County, entered into that certain Joint Use Agreement dated August 22, 1989
(the "Third Amendment"); and
WHEREAS, CITY and AT&T, as the successor in interest to Palm Beach Cellular
Telephone Company, entered into that certain Fourth Amendment to Tower Site Lease and Joint Use
Agreement in 1998 (the "Fourth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Fifth Amendment to Towcr Site
Lease and Joint Use Agreement dated February 23, 1999 (the "Fifth Amendment"); and
WHEREAS, CITY, AT&T and COUNTY entered into a Sixth Amendment to Tower
Site Lease and Joint Use Agreement dated June 5, 200 I (R200 1-0867)(the "Sixth Amendment") in
order to modify the legal description and authorize the County to install a generator with fuel tanks;
and
WHEREAS, CITY , AT&T and COUNTY entered into a Seventh Amendment to Tower Site
Lease and Joint Usc Agreement dated May 21,2002 (R2002-0766)(the "Seventh Amendment") to
allow AT&T to install new antenna and transmission lines to accommodate new third generation
Global System Mohil technology; and
WHEREAS, CITY, AT&T and COUNTY entered into a Eighth Amendment to Tower Site
Lease and Joint Use Ab'Teement dated January 13,2004 (R2004-0098)(the "Eighth Amendment") to
allow the CITY to relocate their antennae; and
WHEREAS, CtTY , AT&T and COUNTY entered into a Ninth Amendment to Tower Site
Lease and .Ioi nt Use Agreement dated November 16,2004 (R2004-2366) (the "Ninth Amendment")
to allow the CITY to replace an existing antenna and add two new antennas. The Original Lease, as
amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth
Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth
Amendment and tne Ninth Amendment is nereinafter referred to as the "Tower Site Lease"; and
WHEREAS, CTNGULAR has acquired AT&T and has agreed to be bound by all of the
terms and conditions of the Tower Site Lease and Joint Use Agreement (R-99-311-D), as amended;
and
WHEREAS, COUNTY's Information & System Services Department desires to make
modifications to the tower to support the deployment of a countywide paging system by the Palm
Beach County Fire Rcscue Department; and
WHEREAS, CINGULAR has requested approval for the addition of equipment to the tower
to upgradc thcir rcgional network; and
WHEREAS, in order to accommodate both the COUNTY's and CTNGULAR's request, it is
necessary to modify the Antenna Tower Schematics exhibit of the Tower Site Lease; and
WHEREAS, CITY, CINGULAR and COUNTY acknowledge and agree that the antenna
changes contemplated herein will not adversely affect the structural capacity of the Tower or
interfere with the frcquencies of users on the Tower.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter
set forth, and various other good and valuable considerations, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
1. All defined terms as used herein shall have the same meaning and effect as in the Tower
Sitc Lcasc.
2. Exhibit "G" (Antenna Towcr Schematics) attached to the Ninth Amendment to thc
Tower Site Lease shall be replaced with a new Exhibit "G" (Antenna Tower Schematics)
attached hereto and incorporated herein by reference.
"
3. Section 10.02, Notices, is revised to delete the addresses for AT&T, and, to designate the
following address for CINGULAR:
Cingular Wireless PCS, LLC
Attn.: Network Real Estate Administration
RE: Cell Site Name: Boynton Beach
6100 Atlantic Boulevard
Norcross, Georgia 33071
r~.
, .,
v /-J,
Except as modified by this Tcnth Amendment, the Tower Site Lease remains unmodified
and in full force and effect in accordance with the terms thereof.
(REMAINDER OF PAGE INTENTlANALLY LEFT BLANK)
IN WITNESS WHEREOF, COUNTY, CINGULAR, and CITY have executed this
Agreement, or have caused the same to be executed by their duly authorized representatives, as of the
day and year first above written.
WITNESS:
NEW CINGULAR WIRELESS PCS, LLC,
. a Delaware limited liability company
By:
William Schutts, Executive Director
South Florida
Print Name
A TrEST:
Print Name
Print Name and Title
(SEAL)
A TrEST:
THE CITY OF BOYNTON BEACH,
FLORIDA, a municipal corporation
of the State of Florida
City Clerk
By:
Print Name and Title
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
City Attorney
ATIEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY,
a political subdivision of the State of Florida
By:
Deputy Clerk
By:
Tony Masilotti, Chainnan
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
APPROVED AS TO TERMS
AND CONDITIONS
By:
Assistant County Attorney
By:
Audrey Wolf, Director
Facilities Development & Operations
G:IProp<rty Mgmt S<"CtionIOut Lc,s<ICity of Boynton AT&T TowertT OW<r Site lease - 10th Amendment HF App 0 L20.06.doc
EXHIBIT "G"
Antenna Tower Schematics
Page 1 of3
-"'-
BOYNTON BEACH TOWER & ANTENNA CONFIGURATION
~
~
!1.!.L2!.Q:
~
~
NE
~
NE
NOTES:
1. SEE A IT ACHED TABLE FOR ANTENNA AND CABLE
DETAILS.
!!L-1IT-
2. ORA WING IS CONCEPTUAL ONLY AND NOT TO BE
CONSIDERED A CONSTRUCTION DRAWING. TIfE
DRAWING IS NOT TO SCALE.
3. SITE LOCATION DETAILS:
LA TITIUDE:
26-32-28 N
LONGITUDE:
80-04-18 W
~
TOWER HEIGHT MiL:
306 FEET
FACE WII)'ffi ATGROUNO: 40.5 FEET
~
SITE EI.EV A TION AMSL:
15 FEET
TOWER ORIENTATION:
S=lllO DEGREES
NW=300 DEGREES
NE9l6O DEGREES
~
130'
~
#22.23.24
#25.26.27 100'
NW
s
No.
REVISIONS
DATE
CITY OF BOYNTON BEACH
COMMUNICA nONS TOWER
LOADING DIAGRAM
Exchange AulaIIIa 113 DBlIIO tor . BMR-12
Exchange ~ lit 1 DB264 fur A2408
Added ~ 116 Ii:Jc PBCFR Paging
lli03103
2
3
. 06/02104
~ t~;~~,-~:~
,.~,~-~~
I
, 01/0'1/06
SHEE1
1 OF 1
PALM BEACH COUNTY
TECHNICAL INFRASTRUCTURE
DIVISION
4 Modifialioa ofCiDp!ar Wirdas AnlcIlDa Cooti,,,,.'tOI
Filc:C:\Filcs\Sitcs\BoynlDlllBoyu1Dn.dwg
Date: 01/09106
EXHIBIT "G"
Antenna Tower Schematics
Page 2 of3
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Antenna Tower Schematics
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'ON '9
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.12.
Requested City Commission Date Fina] 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
0 December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January 17, 2006
November 14,2005 (Noon.)
o February 7, 2006
o February21,2006
o February 28, 2006
[8] March 21, 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
[8] Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o
o
o
; .i
Legal
Unfinished Business
Presentation
::::;
---,~,
c..;
RECOMMENDA TION: Motion to approve and authorize the execution of a Resolution for Task Orden:#06-().2:"OJ
to CH2MHilI for architectural and engineering services for the reconstruction of the lifeguard towers at ikeaTl!r6itt
Park that were destroyed by Hurricane Wilma. i CD
i"'v _:-=-:; ~~~.~
EXPLANATION: Two (2) of the lifeguard towers at Oceanfront Park were heavily damaged and one (lrt~wer ~~
completely destroyed by Hurricane Wilma. The lifeguards have been using portable tower chairs since that time;
however, they are not adequate protection from the wind, rain and sun. CH2MHilI is on a recently approved
engineering services list and is interested in performing the work.
PROGRAM IMPACT: By providing lifeguards with adequate towers, they are able to better perform their duties.
The towers will include life safety equipment that can not be stored on a portable chair.
FISCAL IMPACT: The CIP budget includes $90,000.00 for the replacement of the towers. Additional funds may be
needed from FEMA and/or the City's property insurer. The contract with CH2MHilI is for $]4,477.00.
AL TERNA TIVES: Not to replace the towers and to continue to use the portable chairs is not acceptable. It is
strongly recommended that this project be completed.
Recreation & Parks
Department Name
~
Department Head's Signature
City Attorney / Finance / Human Resources
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 THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. 06-02-01
6 WITH CH2M HILL FOR THE PURPOSE OF PROVIDING
7 ARCHITECTURAL AND ENGINEERING SERVICES FOR
8 THE RECONSTRUCTION OF THE LIFEGUARD
9 TOWERS AT OCEANFRONT PARK IN THE AMOUNT
10 OF $14,477.00; AND PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, two (2) lifeguard towers at Oceanfront Park were heavily damaged and
14 one (1) tower was completely destroyed by Hurricane Wilma. The lifeguards have been using
15 portable towers since that time however they are not adequate protection from the wind, rain
16 and sun; and
17 WHEREAS, CH2M Hill is on the recently approved engineering services list and is
18 interested in performing the work; and
19 WHEREAS, Staff is recommending that City Commission award Task Order 06-02-01
20 to CH2M Hill for architectural and engineering services for the reconstruction of the lifeguard
21 towers at Oceanfront Park that were destroyed by Hurricane Wilma in the amount of
22 $14,477.00.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
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 hereby
29 authorize and direct the approval and execution by the City Manager of Task Order No. 06-02-
S:\CA\RESOlAgreemenlsITask . Change Orders\CH2M Hill Task Order 060201 Lifeguard lower.doc
1 01 with CH2M HILL for the purpose of providing architectural and engineering services for the
2 reconstruction of the lifeguard towers at Oceanfront Park that were destroyed by Hurricane
3 Wilma in the amount of$14,477.00.
4
Section 3.
This Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this _ day of March, 2006.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ATTEST:
24
25
26 City Clerk
27
28
29 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESOlAgreements\Task . Change Orders\CH2M Hilt Task Order 060201 lifeguard tower.doc
CH2M HILL
One Harvard Circle
Wes1 Palm Beach, FL 33409-1923
CH2MHILL
Tel 561.515.6500
Fax 561.515.6502
..
PROPOSAL/SCOPE OF SERVICES FOR
CITY OF BOYNTON BEACH LIFEGUARD STATIONS
Task Order No. 06-02-01
Architectural and Engineering Services for Replacing
Three (3) Life Guard Station Buildings at Boynton Beach
Ocean Park.
A. Project Description:
The City of Boynton Beach has requested CH2M HILL to provide design through construction
phase architectural and engineering services for the demolition and replacement of three (3)
Life Guard station Buildings - all located at Boynton Beach Ocean Park. The three (3) Life
Guard Station Buildings will each be rebuilt on their existing structural post support structure
using an existing platform base dimension of 13'-4" x 10'-4". All Three (3) buildings are to be of
wood frame construction with horizontal cement fiber board type exterior facades and will be
of identical building footprint and design (one design for all three) except for locations of access
stairs/ramps to each station. No new foundation or civil is work is included. Utilities tie-ins will
be from existing locations. Mechanical work will include natural ventilation only and no fire
protection is included.
B. Scope of Services:
At the request of the City, CH2M HILL is to provide Architectural and Engineering design
phase services for the structures noted above at Boynton Beach Ocean Park. Services include
providing construction documents (drawings and specifications) only. Providing permitting
assistance, bidding assistance and construction phase services is an additional service if
requested, and is not included in the basic services of this proposaL It is assumed that the work
for all three (3) structures will be one project by one contractor / one construction contract. No
construction cost estimate is included.
ORLOWSKI PROPOSAL: BB UFE GUARD BLDGS 1/20106
Page 2
February 22, 2006
Scope of Services listed below provides services for all three structures as listed above:
Task A: Site Visits
( 1 architect and 1 engineer, 4 hours each)
$ 1,032
Expenses: Local travel and miscellaneous expenses
Total Lump Sum Task A
Task A Deliverables: Assistance and support deliverable only
$ 40
$ 1,072
Task B: Provide Drawings and Specifications for Bidding.
1 Life guard Buildings (3 identical buildings)
( 1: Architectural/Engineering 40 hours & tech 96 hours) $13,280
Note: We estimate 4 sheets are required to incorporate
Architectural, structural, plumbing and electrical plans
And details (see Attachment A).
Expenses:
Expenses for Deliverables: six (6) sets of drawings & specifications $ 125
Total Lump Sum Task B $13,405
Task B Deliverables: six (6) sets of drawings and specifications
Task C: Permitting (by Owner) $ 0
Task D: Bidding (by Owner) $ 0
Task D Deliverables: Assistance and support deliverable only
Task E: Construction Phase Services (By Owner) L...Q
TOTAL SERVICES (Task A & B)
Lump Sum $14,477
Task F: Additional Services, not presently contemplated in this Work Authorization, may be
subsequently established by agreement of the parties and amendment hereto. Such Additional
Services may include, but are not limited to:
a) Permitting Assistance
b) Bidding Assistance
c) Construction Phase Services
d) Permit fees
e) Environmental permitting
f) Geotech report to support site improvements
ORLOWSKI PROPOSAL: BB UFE GUARD BLOGS 1/3U106
Page 3
22,2006
g) Structural Survey beyond initial site visit
h) Extension of Tasks A - E beyond that described herein.
i) Revisions to previously approved work
j) Any additional work not listed above
Schedule:
CH2M HILL shall commence services immediately upon authorization and complete Tasks as
indicated below from receipt of "Notice to Proceed," not inclusive of any review periods
required by City Staff. Competitive Bidding anticipated to be four (4) week period and
construction is estimated at 12 weeks (3 months).
Task A & B: Site visits and construction documents
5 weeks
Assumptions:
. City to provide As-Built Drawings of Buildings and Utilities connections at existing slab
locations
. The City will provide Front End bid documents for Task D, including the identification of
any applicable permit fees to be paid by the City or the Construction Contractor
. The pricing and schedule is based upon the assumption that all work is completed
concurrently and that work is not subdivided
. This proposal assumes all 3 life guard stations are identical with the exception of minor
adjustments of acess points.
. No Construction Cost Estimate is included
. Demolition services, hauling and removal of debris are to be handled by others (including
any assessment as to hazardous or toxic materials)
. No civil/ site work included
. The current condition of the existing structural post support structure is sufficient for
construction. No design of existing post structure is required or included
. It is understood that a geotechnical report is not included in this scope of work.
. Any delays in schedule which are outside of CH2M HILL's control (including reviews and
approvals) may constitute a change in schedule and require an amendment to the schedule
herein, and may constitute additional services.
. No requirement for environmental permitting.
The presence or duties of CH2M HILL's personnel at a construction site, whether as onsite
representatives or otherwise, do not make CH2M HILL or their personnel in any way
responsible for those duties that belong to the Client or its Construction Contractor, or other
entities and does not relieve the Construction Contractor or other entities from their obligations,
duties and responsibilities, including but not limited to all construction methods, means,
techniques, sequences, and procedure necessary for coordinating and completing all portions of
the construction work or any health or safety precautions, and have no duty of inspecting,
ORLOWSKI PROPOSAL: BB LIFE GUARD BLDGS 1/30/06
Page 4
February 22, 2006
noting, observing, correcting or reporting on health or safety deficiencies at the site, except as
related to CH2M HILL's own personnel.
Contract Reference:
This Task Order shall be performed nnder the terms and conditions described within the
Agreement for General Engineering Consulting Services (February 2006).
Compensation:
Compensation by the CITY to the CONSULTANT for this Task order will be on a Lump Sum
basis in accordance with the above mentioned agreement. The lump sum compensation for the
services described in this Task Order is Fourteen Thousand Four Hnndred Seventy Seven
Dollars ($14,477) as shown above. CH2M HILL will invoice the City on a monthly basis as
required for payment.
APPROVED BY:
CITY OF BOYNTON BEACH, FLORIDA
By:
Dated this _ day of
.2006.
CH2M HILL, INe.
BY~<;& if
Dated this2z day of ~ 2006.
ORLOWSKI PROPOSAL: BB LIFE GUARD BLDGS 1/30106
r
2006
Sheet
T-l
Al-l
Al-2
A2-1
4
Attachment A
Life Guard Stations at Boynton Beach Ocean Park
Scope of Services / Estimated Drawings
Sheet Title
Title, Index, Legend, Site Plan
Demolition Plans & Typical Floor Plan and Platform
Elevations and Sections (including structural, plumbing & electrical)
Stair / Ramp Configurations & Details
ORLOWSi'! ::;!O~'::;0SN: BB LIFE GUARD BLOGS 1130/06
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR_
VI.-CONSENT AGENDA
ITEM C.13.
Requested City Commission
Meeting Dates
Date Final Form Must be Tumed Requested City Commission
in to Citv 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
o January 3, 2006
o January 17, 2006
November 14,2005 (Noon) 0 February 7, 2006
December 5, 2005 (Noon) 0 February 2 J, 2006
December 19,2005 (Noon) 0 February 28, 2006
January 3, 2006 (Noon) ~ 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
~
o
o
o
o
Consent Agenda
Public Hearing
Bids
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
Announcement
City Manager's Report
RECOMMENDATION: Motion to approve and authorize the execution of a Resolution for a Landscape Services
Proposal for $] 4,500 to the RMPK Group to provide landscape architectural services for the development of a
Conceptual Plan for Quantum Park. The RMPK Group is on the current approved list of landscape architects and was
selected because of the experience in the development of similar projects.
EXPLANATION: DR Horton, a development company, is negotiating a contract with the City for fill to be removed
from park land to be used at the nearby development of Knollwood. ]n exchange for the fill, DR Horton will construct
the Nautica Pond Park. DR Horton has made a similar request for fill from Quantum Park for a development close to
the park site. ]f approved, it is likely that DR Horton will contribute towards the construction of the park, either in
funding or construction. Before the City can consider this request, we need to have some idea of the type of park
elements that will eventually be included. In order to accomplish this, a conceptual plan should be developed which
indicates the general location of elements to be included in the park. The RMPK Group will develop the conceptual
plan based on input from the Recreation and Park Advisory Board, interested public and staff.
PROGRAM IMPACT: The Task Order was negotiated using the Landscape Architecture Consultant Services (RFQ
040-2730-05/CJD), which was approved by the City Commission on October 5, 2005. The development of a
conceptual plan for Quantum Park may further enhance the City's recreation and parks system and will allow citizens
of all abilities the opportunity to interact.
FISCAL IMPACT: The cost for the conceptual plan will be $] 4,500.00. Funds in the amount of $45,000.00 were
included in the 2005/06 budget for Other Contractual Services for landscape consultants following the elimination of
the Landscape Architect position in the Recreation and Parks Department.
AL TERNA TIVES: Not to authorize the funding and not to consider the request from DR Horton for a partnership to
construct the park.
Recreation & Parks
Department Name
City Attorney / Finance / Human Resources
Department Head's Signature
S:\BULLET!N\FORMS\AGENDA ITEM REQUEST FORM,DOC
1 RESOLUTION NO. R 06-
2 !
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING THE CONSULTING SERVICE
6 AUTHORIZATION WITH THE RMPK GROUP,
7 INC., FOR LANDSCAPE ARCHTECTURAL
8 SERVICES TO PROVIDE THE DEVELOPMENT OF
9 A CONCEPTUAL PLAN FOR QUANTUM PARK IN
10 THE AMOUNT OF $14,500.00; AUTHORIZING THE
11 CITY MANAGER TO ENTER INTO A
12 CONSULTING SERVICE AUTHORIZATION FOR
13 LANDSCAPE ARCHTECT CONSULTANT
14 SERVICES; AND PROVIDING AN EFFECTIVE
15 DATE.
16
17 WHEREAS, D.R. Horton, a development company, has requested to use fill
18 from the Quantum Park for a development which is close to the park. If approved, it is
19 likely that D.R. Horton will contribute towards the construction of the park either in
20 funding or construction. A conceptual plan should be developed which will indicate the
21 general location of elements to be included in the park; and
22 WHEREAS, On October 5, 2005, the City Commission approved four landscape
23 architect firms for use during a two (2) year period. The RMPK Group, Inc., was one of
24 those firms; and
25 WHEREAS, upon staff recommendation, the City Commission has determined
26 that it is in the best interest of the residence of the City Of Boynton Beach to execute the
27 Consulting Service Authorization with The RMPK Group, Inc., in the amount of
28 $14,500.00.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
30 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31
Section 1.
The foregoing "Whereas" clauses are hereby ratified and
S:\CA\RESO\Agreements\Landscape Architect - RMPK.doc
confirmed as being true and correct and are hereby made a specific part of this
2 Resolution upon adoption.
Section 2.
The City Commission of the City of Boynton Beach, Florida,
3
4 hereby authorizes the City Manager to execute the Consulting Service Authorization
5 Agreement with The RMPK Group, Inc., for landscape architectural services for the
6 development of a Conceptual Plan for Quantum Park in the amount of $14,500.00, a
7 copy of which is attached hereto.
8
Section 3.
That this Resolution shall become effective immediately.
9
10
PASSED AND ADOPTED THIS _ day of March, 2006.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29 City Clerk
30
31 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Landscape Architect - RMPK.doc
T ASK ORDER 06-01
CITY OI<' BOYNTON BEACH
CONSULTING SERVICE AUTHORIZATION
DATE: February 3, 2005
SERVICE AUTHORIZATION NO.
FOR CONSULTING SERVICES
CITY P.O. NO.
CITY EXPENSE CODE
CITY PROJECT NO
RMPK CONSULT. PROJECT NO. 6-130-01
TITLE: Quantum Passive Park Master Planning Services
Tms Service Authorization, when executed, shall be incorporated in and shall become an integral
part of the Contract.
PROJECT DESCRIPTION
The scope detailed herein contains the entire scope of work to be performed for this project, and
supercedes any previous scope and/or the boilerplate scope in the Master Agreement.
The project includes the development of a master plan for the passive park neighborhood located
on a vacant 15 acre lot along the northern loop of Quantum Drive. The program components of
the park are not known at this time, but will include facilities typical of a passive/nature park. The
site is located within the City of Boynton Beach. The City is the owner of the property.
The City's budget for this project is not known.
1.0 SCOPE OF SERVICES
PART I - Preliminary Concept Plan
1.1 Base Plan - The Consultant shall use the City's aerial(s) and existing data of the property
to create a base map for Part I of the scope. The base plan shall be in sketch form only.
1.2 Meeting with the City - The Consultant shall meet with the City to determine a
preliminary development program for the site.
1.3 Site Visit and Observations- The Consultant will visit the site one (1) time in order to
develop an understanding of the site's opportunities and constraints, and will prepare a
diagram/graphic summarizing the observations. The summary grapmc will be submitted
to the Client.
1.4 Preliminary Concept Plan Submittal and Review Meeting- The Consultant shall
create three concept sketches of the development of the site and submit to the City for
review. These concepts will be illustrated functional diagrams to show the potential
organization and layout of the site based on the observed site conditions; and will utilize
a program consistent with a passive park. The Consultant will also meet with the City to
present and discuss the concepts. One concept (or a combination of elements from the
three sketches) will be selected for further refinement.
Neighborhood Park Design Services
Page J of4
].5 Revised Concept Plan - Based on the direction of the City from 2.4, the Consultant shall
revise and refine the concept plan accordingly and submit to the City for approval.
Deliverables - As a result of these tasks, The Consultant shall produce the following:
Five (1) color prints of the Preliminary Concept Plan
Five (1) color prints of the Revised Concept Plan
Part II - Assumptions
1.6 Assumptions - Work described herein is based upon the assumptions listed below. If
conditions differ from those assumed in a manner that will affect the scope of work, the
Consultant shall advise the City in writing of the magnitude of the required adjustments.
Changes in completion schedule or compensation to Consultant will be negotiated with
the City.
· City will provide Consultant record drawings of all available existing facilities and
proposed facilities, which shall serve as the basis of design for this project.
· City personnel will assist in field verification of affected existing City facilities. This
includes marking in field (in a timely manner) existing water mains, sanitary sewers,
force mains, reclaimed water mains and drainage.
· City will be responsible for acquisition of easements (including temporary) if
required.
PART III- Additional Services
1.7 Additional Services - The Consultant will provide Additional Services as mutually
agreed upon between The Consultant and the City not covered under this Service
Authorization. Additional Services may include, but not be limited to:
· Construction Documents
· Master Plan Document
· Permitting by permitting agencies
· Additional concepts
Services performed under this task will be on as-directed basis in accordance with a
written Notice-to-Proceed from the City Manager or City's designee. The Notice-to-
Proceed issued shall contain the following information and requirements:
· A detailed description of the work to be undertaken
· A budget establishing the amount of the fee to be paid in accordance with the
Agreement
· A time established for completion of the work
2.0 TIME OF PERFORMANCE
The Consultant is prepared to begin work on the project immediately upon receipt. of a
fully executed Notice to Proceed. The completion dates for this project will be as follows
starting at written notice-to-proceed (not including holidays and other delays not
controlled by the Consultant, e.g., hurricanes, information delays, agency delays, etc.):
Services
Time per Phase
Neighborhood Park Design Services
Page 2 0[4
Preliminary Concept Plans
Final Concept Plan
6 weeks
4 weeks
3.0 COMPENSA nON
3.1 Parts I __ The Consultant shall bill the City a lump sum fee for each Part of the Scope of
Services as listed below, and as further detailed in Attachment 'A' Project Fee Budget.
Direct expenses are included in the budget below. The project will be invoiced monthly
on a percent complete of each Part of the Scope of Services.
Part I Preliminary Concept PlanlFinal Concept Plan
$14,500
3.2 Part II ~ The fee for Part m, Additional Services, shall be billed using the Hourly Rate
Schedule, contained in the Continuing Services Agreement or as an agreed upon fixed fee
as negotiated.
Page 3 of 4
Neighborhood Park Design Services
r: .e authorization is approved contingent upon the City's acceptance of and satisfaction
witi; ,u, c.0mpletion of the services rendered in the previous phase or as encompassed by the
pre, ,rvice authorization. If the City in its sole discretion is unsatisfied with the services
pre m the previous phase or service authorization, the City may terminate the contract
withn!]! incurring any further liability. The CONSULTANT may not commence work on any
service authorization approved by the City to be included as part of the contract without a further
notice to proceed.
Approved by:
Date
THE RMPK GROUP, INe.
Date t-11-<<,
By~r?
CITY OF BOYNTON BEACH:
By:
Neig'ih",.h.,j Park Design Services
Page 4 of4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\.
VI.-CONSENT AGENDA
ITEM C.14
j
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Form Must be-Turned) __-j
Meeting Dates in to City Clerk's Office Meeting Dates in to Ci ty Clerk's Office -~;-<
-
D D (Noonf~' ' ,
December 6, 2005 November 14,2005 (Noon.) February 7, 2006 January 17, 2006
D D -. .
December 20, 2005 December 5, 2005 (Noon) February 21, 2006 February 6, 2006 (N oon ) -.
~--:.,. ......
D ~
D January 3, 2006 December 19,2005 (Noon) February 28, 2006 February 21, 2006 (Noont:~:
. --
D [8J -":i--1i
January 17, 2006 January 3, 2006 (Noon) March 2] , 2006 March 6, 2006 (Noon) , ..,:-->
C)
D Administrative D Development Plans
NATURE OF [8J Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids 0 Unfinished Business
0 Announcement 0 Presentation
D City Manager's Report
RECOMMENDATION: Approval of InterIocal Agreement Between the City of DeIray Beach and the City of Boynton
Beach Regarding the Maintenance of the Lake Drive Bridge.
EXPLANA TION: The property located at 2200 Lake Drive is currently within the City limits of Boynton Beach, Florida.
The property owner wishes to deannex from the City of Boynton Beach and annex the property into Delray as it is not
contiguous and fails to meet the criteria set forth in Florida Statute Section 171.043. The same property owner owns an
adjacent parcel that is located within the City limits of Delray Beach. There exists a bridge on Lake Drive that separates
Delray Beach and Boynton Beach and is currently maintained by the City of Boynton Beach. The City of Delray Beach
wishes to fund 50% of the maintenance of the bridge, including the water service interconnection once the property at 2200
Lake Drive has been annexed into the City of Delray Beach.
PROGRAM IMPACT:
FISCAL IMPACT: A reduction to the City of Boynton Beach in 50% of the cost of maintenance of the bridge located at 200
Lake Drive.
ALTERNATIVES:
Not approve the de-annexation and the property will remain in Boynton Beach.
~c
Department Head's Signature
City Attorney
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R06-
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE CITY OF DELRA Y BEACH
9 REAGARDING THE MAINTENANCE OF THE LAKE
10 DRIVE BRIDGE; AND PROVIDING AN EFFECTIVE
]] DATE.
]2
13
14 WHEREAS, the property located at 2200 Lake Drive is currently within the City
] 5 limits of Boynton Beach. The property owner wishes to de-annex the from the City of
]6 Boynton Beach and annex the property into Delray Beach as it is not contiguous and fails to
17 meet the criteria set forth in Florida Statute Section 171.043; and
18 WHEREAS, there exists a bridge on Lake Drive that separates the City of Boynton
] 9 Beach and the City of Delray Beach and is currently maintained by the City of Boynton
20 Beach; and
2] WHEREAS, the City of Delray Beach wishes to fund 50% of the maintenance of the
22 bridge, including the water service interconnection once the property at 2200 Lake Drive has
23 been annexed into the City of Del ray Beach; and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
Section 1.
Each Whereas clause set forth above IS true and correct and
27 incorporated herein by this reference.
28
Section 2.
The City Commission of the City of Boynton Beach, Florida does
29 hereby approve the Interlocal Agreement between the City of Boynton Beach and the City of
S:\CA\RESO\Agreements\Interlocals\ILA with Delray (Lake Drive Bridge).doc
Delray Beach for the maintenance of the Lake Drive Bridge, a copy of said Agreement is
2 attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon passage.
3
4
PASSED AND ADOPTED this _ day of March, 2006.
5
6
7
8
9
10
11
]2
I3
]4
15
]6
17
]8
19
20
21
22 ATTEST:
23
24
25 City Clerk
26
27
28 (Corporate Seal)
29
30
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \RESO\Agreements\lnterlocals\ILA with Delray (Lake Drive Bridge).doc
Prepared by:
RETURN'
R. Brian ShutL Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DELRA Y BEACH AND THE CITY OF BOYNTON BEACH
REGARDING THE MAINTENANCE OF THE LAKE DRIVE BRIDGE
THIS AGREEMENT is made this __day of ____~____, 2006 by and between
the CITY OF DELRA Y BEACH, (hereinafter referred to as "DELRA Y"), and the
CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON").
WITNESSETH:
WHEREAS, the property located at 2200 Lake Drive is currently within the City
limits of BOYNTON; and
WHEREAS, the property owner of 2200 Lake Drive wishes to deannex from
BOYNTON and annex into DELRA Y as it is not contiguous to BOYNTON and fails to
meet the criteria set forth in Florida Statute Section 171.043 and the same property
owner owns an adjacent parcel that is located in the City limits of DELRA Y; and
WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently
part of BOYNTON that exists on the south side of a waterway, in this area, that separates
BOYNTON and DELRAY; and
WHEREAS, there is a bridge on Lake Drive that separates DELRA Y and
BOYNTON and is currently maintained by BOYNTON; and
WHEREAS, DELRA Y wishes to fund 50% of the maintenance of the bridge,
including the water service interconnection, once the property located at 2200 Lake Drive
and described in Exhibit "A" has been annexed into DELRA Y; and
WHEREAS, Florida Statute Section 163.01 authorizes the execution of interlocal
agreements to allow public agencies to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
I. INCORPORATION OF RECITALS. The recitations set forth above
are hereby incorporated herein.
2. BRIDGE MAJNTENANCE. BOYNTON intends to perform
extensive repairs to the Lake Drive bridge during the 2006-07 Fiscal Year. DELRA Y
agrees to pay BOYNTON an amount not to exceed $35,000.00 as its share of the repairs
to the Lake Drive bridge during Fiscal Year 2006-07. In the event the repairs are not
complete during the 2006-07 Fiscal Year, the parties agree to arrange for payment of
DELRA Y's portion of the repair costs during the subsequent fiscal year. During the
2007 -08 Fiscal Year, and each year thereafter, DELRA Y shall fund 50% of the
maintenance cost of the bridge, including the water service interconnection, located on
Lake Drive that separates DELRA Y and BOYNTON once the property located at 2200
Lake Drive, and described in Exhibit "A", is annexed into DELRA Y. On an annual
basis, BOYNTON shall send to DELRA Y an invoice which represents the 50% share
that DELRA Y is responsible for paying. DELRA Y shall pay the invoice within thirty
2
(30) days of receipt. If the property is not annexed into DELRA Y this Agreement shall
be void.
3. RECORDING OF AGREEMENT. This InterlocaI Agreement shall be
filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes.
4. INTEGRATION~ AMENDMENTS. No prior or present agreements or
representations with regard to any subject matter contained within this Agreement shall
be binding on any party unless included expressly in this Agreement. Any modification
to this Agreement shall be in writing and executed by the parties.
5.
SOVEREIGN IMMUNITY.
Cities are state agencies as defined in
Chapter 768.28, Florida Statutes. To the extent permitted by law, each party agrees to be
fully responsible for acts, omissions, and negligence of their agents, officers, or
employees. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other contract.
Both parties acknowledge that this is an Interlocal Agreement created pursuant to
Section 163.0 I, Florida Statutes, and that each party shall retain all legislative authority
with regard to its respective governing body. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents
or employees of any public agency when performing their respective functions within the
territorial limits for their respective agency shall apply to the same degree and extent to
3
the performance of such functions and duties of those officers, agents, or employees
extra-territorially under the provisions of any lnterIocal Agreement.
6. NOTICES. Any invoices to be sent pursuant to this Agreement, and all
notices given or required under this Agreement shall be in writing and may be delivered
in person or by United States mail, postage prepaid, first class and certified, return receipt
requested, addressed as follows:
TO CITY OF BOYNTON BEACH:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
TO CITY OF DELRA Y BEACH:
City Manager
100 N.W. 1st Avenue
De1ray Beach, Florida 33444
With copy to:
City Attorney
200N.W. 1st Avenue
Delray Beach, Florida 33444
7. VALIDITY. The validity of any portion, article, paragraph, provision,
clause, or any portion thereof of this Agreement shall have no force and effect upon the
validity of any other part of portion hereof
4
8. GOVERNING LAWS; VENUE. This Agreement shall be governed by
and in accordance with the Laws of Florida. The venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
9. ASSIGNMENT. Neither DELRA Y nor BOYNTON shall aSSIgn or
transfer any rights or interest in this Agreement.
10. SIGNING OF AGREEMENT. This Agreement shall not be valid until
signed by the Mayor and the City Clerk ofDELRA Y and BOYNTON.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this
day of
,2006.
ATTEST:
CITY OF DELRA Y BEACH, FLORIDA
By:
By:
City Clerk
Approved as to Form:
By:
Jeff Perlman, Mayor
City Attorney
ATTEST:
By:
CITY OF BOYNTON BEACH, FLORIDA
By:
Jerry Taylor, Mayor
City Clerk
Approved as to Form:
By:
City Attorney
5
EXHIBIT "A"
Beginning at the Northeast comer of Lot A, Plat of Lake shore Estates, as recorded in Plat
Book 25, Page 26, Public Records of PALM BEACH County, Florida; THENCE South a
distance of 5.30 feet THENCE South 89055'15" West, a distance 184.41 feet; THENCE
South 00004'65" East, a distance of 17.64 feet; THENCE South 89055'15" West, a
distance of 14.54 feet; THENCE South 00 06' 10 West, a distance of 25.07 feet;
THENCE South 89 55 15 West, a distance of 21.11 feet; THENCE North a distance of
48.21 feet to the point of curvature of a curve concave to the southeast with a radius of
150.00 feet a central angle 5 4006 an arc distance of 14.84 feet; THENCE North 250 5'5
55" West, a distance of 2.94 feet; THENCE North 000 51' 14" West a distance of22.05
feet; THENCE North 07 3239 East, a distance of 12.74 feet; THENCE North 16011'44"
East, a distance of 24.61; THENCE North 120 11' 07" East, a distance of 17.11 feet;
THENCE North 44045' 40" East, a distance of 55.28 feet; THENCE North 56018' 01"
East, a distance of 22.00 feet; THENCE North 71041' 50" East, a distance of21.18 feet;
THENCE North 83 08 53 East, a distance of 125.82 feet; THENCE South 74048' 01"
East, a distance of 1.16 feet; THENCE North 90000' 00" East, a distance of 5 .32 feet;
THENCE South 165.24 feet to the point of beginning.
7
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VI.-CONSENT AGENDA
ITEM C.1S
CITY OF BOYNTON BEACIl
AGENDA ITEM REQUEST FOkrH
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 2005
0 December 20, 2005
0 January 3, 2006
0 January 17, 2006
November 14,2005 (Noon.)
December 5, 2005 (Noon)
December 19, 2005 (Noon)
January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
t8J Consent Agenda
o 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
o February 7, 2006
o February 2], 2006
o March 7, 2006
t8J March 2], 2006
January] 7,2006 (Noon)
February 6, 2006 (Noon)
February 2], 2006 (Noon)
March 6, 2006 (Noon)
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION:
Ratify the action of the South Central Regional Wastewater Treatment &
Disposal Board.
EXPLANATION: On January 18, 2006, the South Central Regional Wastewater Treatment &
Disposal Board held its Regular Quarterly Annual meeting. At that time, the
Board took action on items that are now before the City Commission for
ratification. This City Commission ratification is the confirmation process for the
action taken by the S.C.R.W.T.D. Board.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Not ratify their action
City Clerk's Office
Department Name
City Attorney / Finance / Human Resources
S:\CC\WP\CCAGENOA\Agenda Request Memos\2006\Agenda Item Request - SCRWTD SO ACTION OF Ol-18-06.dot
23
24
25
26
27
28
29
30
31
1 RESOLUTION NO. R06-
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, RATIFYING THE ACTION
6 TAKEN BY THE SOUTH CENTRAL REGIONAL
7 WASTEWATER TREATMENT AND DISPOSAL
8 BOARD, ON JANUARY 18, 2006, AS STATED
9 HEREIN; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12
13 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board
14 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of
15 January 18, 2006, as set forth in the attached Exhibit "A".
16 NOW, THEREFORE, BE IT RESOI,VED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
18
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
19 being true and correct and are hereby made a specific part of this Resolution upon adoption.
20
Section 2.
The City Commission does hereby ratify the action taken by the South
21
Central Regional Wastewater Treatment & Disposal Board on January 18, 2006, as to the
22
following:
a. Authorization to enter into agreement with McDade Waterworks,
Inc., as the lowest responsible bidder with a price not to exceed
$311,953.00 for Bid Package Number 5 to furnish pipe fittings,
valves, slide gates and fiberglass covers in accordance with the
Contract Documents for Reclaimed Water System Expansion. The
cost of $311 ,953 will be split SO/50 from each City's Capital Fund.
Section 3.
This Resolution shall take effect immediately upon passage.
S:ICA\RESOISCRWTDB Quarterly Meeting 1-18-06 Ralificalion(2) doc
1
PASSED AND ADOPTED this _ day of March, 2006.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20
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22
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24
25
ATTEST:
City Clerk
(Corporate Seal)
S:\CA\RESO\SCRWTDB Quarterly Meeting 1-18-06 Ratification(2).doc
CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF JANUARY 18, 2006
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on January 18, 2006, by a vote of 6-0, authorize an agreement with the lowest
responsible bidder in aggregate amount not to exceed $700,000 for Bid Package
to furnish pipe, fittings, valves, slide gates, chlorine contact tank covers from
various vendors in accordance with bid documents for Reclaimed Water System
Expansion. Cost to be split 50/50 from each City's Capital Fund.
At the bid opening on March 8, 2006, McDade Waterworks, Inc., was the lowest
responsible bidder with a price not to exceed $311,953 for Bid Package Number 5
to furnish pipe fittings, valves, slide gates and fiberglass covers in accordance
with the Contract Documents for Reclaimed Water System Expansion. The cost
of $311,953 will be split 50/50 from each City's Capital Fund.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and the
City of Delray Beach.
NOW, THEREFORE, the City of Boynton hereby ratifies said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
_ day of , by a vote.
CITY OF BOYNTON BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORI\-.
VI.-CONSENT AGENDA
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 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)
0 January 3, 2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon)
0 January J 7, 2006 January 3, 2006 (Noon) [8J March 21, 2006 March 6, 2006 (Noon)
City Manager's Report
0 c;
Development Plans __~'c _'-',
0 New Business ~
T" .r"~'
0 r_ ..~ ""
Legal .;.-"-
:;::J
0 Unfinished Business \
0""1
0 Presentation "
--r....
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RECOMMENDATION: Authorize the use of $1,000 of Vice Mayor McKoy's Community Investment Fur1ds' to the:;::
Boynton Regional Symphony Orchestra.
o
[8J
o
o
o
o
Administrative
Consent Agenda
Public Hearing
Bids
NATURE OF
AGENDA ITEM
Announcement
EXPLANATION: Commission approval is requested for allocation of $1,000 to the Boynton Regional Symphony
Orchestra. The City Commission designated the Boynton Regional Symphony Orchestra Concert of March 10,2006 as a city
sponsored and funded event. The orchestra is incorporated in the State of Florida and has received nonprofit status from the
IRS, however, they are not located in the City of Boynton Beach.
PROGRAM IMPACT: Allocation of funds will assist the above program.
FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community
Investment Funds to allocate subject to Commission approval.
Department Head's Signature
~~
City Manager's Signature
ALTERNATIVES: Decline to authorize the requested use.
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: February 24,2006
Requested by Mayor/Commissioner: Vice Mayor Carl McKoy
Amount Requested: $1,000
Recipient/Payee: Boynton Beach Symphony Orchestra
Description of project, program, or activity to be funded: Monetary donation for
performance
By:-rrJ2.--' /~
Dated:t.5-/-/J/p
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation offunds available to the requesting Member of the Commission
listed above is $10,000. Nothing has been used to date by the requesting Member, leaving a
balance of available funds of $10,000. This request would bring the available amount
down to $ 9,000.
Accordingly:
)( There are funds available as requeste
o There are insufficient funds available
..3/'/0'-
I I
By.
Dated:
Part 111- Eligibility Evaluation (to be completed by City Manager)
~ Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
o The recipient/payee is a resident of the City or is a business entity which
provides services in the City;
!;jy' A public purpose beneficial to the entire community is served by such
flonation;
Ii!/"" Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the state purpose.
Dated: 31-~/Ob
By:
City Manager
Boynton Regional Symphony Orchestra
Barry Volkman, Music Director
561-304-3937
C'a~
, r- ~ I-~S--~
Mayor Jerry Taylor
Members of the City Commission
City Hall
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
January 24,2006
Dear Sirs,
The officers and the directors of the BRSO are pleased to inform you that the inaugural
concert of our recently formed orchestra wi110ccur in the city of Boynton Beach on
Match 10,2006 at 7:30 PM in the auditorium of the Boynton Beach High School. We
invite you all to attend.
As you know, with your generous assistance last year we were able to become
incorporated in the State of Florida and to receive nonprofit status from the IRS. We were
also able to purchase music, much of which will be played that evening.
We estimate that this performance will cost a minimum of$3,OOO in donations. We are
turning to you for some ,assistance in this, our initial effort to be a positive addition to the
varied cultural experiences obtainable in the city of Boynton Beach and we hope that you
can help.
Thank you in advance.
Sincerely,
Alex DeFonso
President
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VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FOR
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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) ~ March 2 I, 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 UnfInished Business
0 Announcement ~ Presentation
0 City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
February 2006.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b,
which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute
a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager" .
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
FISCAL IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, and City Manager.
ALTERNATIVES: Revert back to the old bid threshold of$IO,OOO.OO.
-
--I
Finance / Procurement Services
.~~
ASSIS nt to the Drrector ofFmance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED FEBRUARY 2006
1. Vendor: Gustafson Industries, Inc. Purchase Amount: $ 16,000.00
Requesting Department: Engineering Contact Person: George Mantell
Brief Description of Purchase:
Pressure cleaning and staining wood at Kid's Kingdom
Source for Purchase: Three Written Quotes Fund Source: 302-4299-580-49-17
CIP/Contractual Services
2. Vendor: Door Systems of South Florida, Inc. Purchase Amount: $ 13,586.00
Requesting Department: Golf Course Contact Person: Freda De Fosse
Brief Description of Purchase:
Replacement offour (4) overhead doors (damaged by Hurricane Wilma)
Source for Purchase: Three Written Quotes Fund Source: 422-2911-572-52-95
Hurricane Wilma
3. Vendor: Preventive Maintenance Support Services, Inc. Purchase Amount: $ 31 A08.0C
Requesting Department: Utilities Contact Person: Mark Bobich
Brief Description of Purchase:
Re-roof and asbestos removal from the chemicals building at the East Water Plant (damaged by Hurricane Wilma).
Source for Purchase: One Written Quote Fund Source: 401-2822-536-52-95
(Only vendor capable of respondinQ to asbestos) Hurricane Wilma
4. Vendor: Justin Industries, Inc. Purchase Amount: $ 52,000.00
Requesting Department: Engineering Contact Person: David Stump
Brief Description of Purchase:
Clearing of lots for Fire Station #5 to include removal of all vegatation including stumps, chain link fence and all debris.
Source for Purchase: Three Written Quotes Fund Source: 305-4118-580-62-01
Fire Assessment
5. Vendor: Martin Fence Company Purchase Amount: $ 16,938.70
Requesting Department: Utilities Contact Person: Mark Bobich
Brief Description of Purchase:
Fence repairs at various Utilities locations (damaged by Hurricane Wilma).
Source for Purchase: Piggyback - Palm Beach County Fund Source: 401-2822-536-52-95 I
Hurricane Wilma
1 of 2
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED FEBRUARY 2006
6. Vendor: The Avanti Company
Requesting Department: Utilities
Purchase Amount:
Contact Person:
$
Jim Hart
24,938.00
Brief Description of Purchase:
Replace nonrepairable meters that are no longer being manufactured.
Source for Purchase:
Sole Source
Fund Source: 403-5000-590-96-04
CIP/Sewer
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:
sented to Commission for information on March 21, 2006.
20f2
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.czr
Date: 31-Jan-06
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Requesting Department: PW/Engineering Div.
Contact Person: George Mantell, Proj. Mgr.
Explanation for Purchase:
Kid's Kingdom Playground - Work is for pressure cleaning and staining the wood surfaces of the
playground including all play equipment and structures, wood fence and wood beams.
Recommended Vendor Gustafson Industries, Inc.
IDollar Amount of Purchase $16,000.00
Source for Purchase (check and attach backup materials):
Three Written Quotations CD GSA
D
D
D
D
State Contract
SNAPS
Piggy-Back
PRIDE/RESPECT
D
D
D
D
D
Sole Source
Emergency Purchase
Budgeted Item
Other
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Account #302-4299-580-49-17 CP0424
Approvals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
~orm Revised 02/01/02
_71/') Jj2l- Date ~ /CY/ (0 (0
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DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 06-018
TO:
Mary Munro
Assistant to the Finance Director
Financial Services Department
George Mantell ~
Project Manager
Public Works Department/Engineering Division
FROM:
DATE:
January 31,2006
RE:
Kid's Kingdom Playground
Pressure Cleaning & Staining Wood Surfaces
Account #302-4299-580-49-17 CP0424
Please find the attached documentation for your consideration on the pressure cleaning and re-staining of
'11 wood surfaces at the Kid's Kingdom Playground.
As you will notice, I have secured three quotes for these repairs. The prices were $16,000, $18,500 and
$22,000. After reviewing these quotes, I recommend that we issue a Purchase Order to Gustafson
Industries, Inc. for the amount of $16,000.00. I would appreciate your department preparing the
necessary presentation to the City Manager for approval.
Thank you for your help.
GM/ck
Cc: Jeff Livergood, Director of Public Works
H. David Kelley, Jr., PE/PSM, City Engineer
David Stump, Project Manager
S:\Engineering\Csd\Projects\Kid's Kingdom Painting\Memo to Finance 1-31-06, Request for PO.doc
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Kid's Kingdom Playground
Exterior Painting
City of Boynton Beach
Attn: George Mantell
P.O. Box: 310
Boynton Beach, FL 33425
1/25/06
Estimator: Greg Call
Gustafson Industries
Roof & Paint Contractors
P.O. Drawer: 8
Boynton Beach, FL 33425
Palm Beach County
(561) 732-0656
Jupiter & Tequesta
(561) 747-8022
Boca Raton & Broward
(954) 421-5733
FAX
(561) 732-0786
Roof &- Pa.lnt' Cont'ract'ors
PAINT PROPOSAL
Customer: City of Boynton Beach
Contact: George Mantell
Address: P.O. Box: 310
Boynton Beach, FL 33425
Job Name:
Phone:
CeH:
Fax:
Date:
(561) 436-2556
(561) 742-6285
1/25/05
EXTERIOR PAINTING
Scope of Work: The work described in this proposal is for pressure cleaning and staining the wood surfaces of the
playground including all pIJ~yeq!::l.iB!'Pent.f![lsL~tru~!,!res, wood fence and wood beams.
Exclusions: 1. Only t
'i/>;,:~::_,/,__ ,. _:;:_:<t':i!t~>~. ,,' - -"<<y~,,<~.
., . J~t~l;t~g reI1)QY~~~,mVf~:st~R,mt~~HR];)1tt~ct debris
$ 16,000.00
Colors: . Colors must be chosen prior to scheduling the work. Changes from the original approved colors will have an additional charge,
. Colors that do not cover well in one finish coat due to color change will have an additional charge for applying a second finish coat
Warranty: Newly painted surfaces to be warranted for two years against chipping, flaking, or peeling. Recurring mildew, weathering, adhesion failure
of prior paint coatings, substrate failure, or water leaks are not under warranty.
Payment: 1* 20% Deposit due l.pOI1 acceptance of the contract. 40% due on half completion. Balance due on completion.
~~~-~
Estimator:
Date:
1/25/05
page 1 of 2
P.O. Box 8, Boynton Beach, FL33425
www.gustafsonindustries.com
Page 2 of 2 of painting proposal.
Kid's Kingdom Playground - Exterior Painting
P.O. Box: 310
Boynton Beach, FL 33425
Notes:
1. Pressure cleaning does not include "stripping" the paint coating if extensive peeling occurs. There will be an additional charge for "stripping"
the paint coating and clean up if this is necessary.
Anything not itemized in this contract will not be Included.
Not responsible for water damage from pressure cleaning, water leaks from skylights or broken roof tiles.
As further conditions of this estimate, it is understood that this proposal, at the option of Gustafson Industries (GI, Inc.) may be withdrawn,
if not accepted by you within thirty (30) days from the above date; and that this estimate when accepted and signed by you, and thereafter
accepted by an officer of GI, Inc. constitutes an entire and binding contract between us. All conditions and terms must appear in writing on
this contract. Oral promises, prior, subsequent or contemporaneous to this contract are not enforceable against GI, Inc. or its officers,
agents, representatives, or employees.
Work performed is for one coat of paint only unless otherwise noted. Any additional coats required or requested by owner will be applied
at an extra expense to owner, following owner's approval. In the event differences arise between contractor and manufacturer's specifications,
contractor's specifications will preside. Non-warranted service work and work performed outside the contract will be charged at $65.00 per man
per hour including any travel time. Material to be charged at cost plus 20%.
Newly painted surfaces to be warranted for two years against chipping, flaking, or peeling. Recurring mildew, weathering, adhesion failure or
prior paint coatings, substrate failure, or water leaks are not under warranty.
Removal and replacement of screen enclosures, gutters, TV or phone cables, roof signs, or other such obstructive items, as may be required
to complete the work contracted for, will be the customer's responsibility and expense. GI, Inc. is not responsible for damage to grass, or other
plant life; coated concrete decks or walks carry no guarantee, and are excluded from any guarantees given in connection with work performed
under this contract, no liability is accepted by contractor for coated decks for any reasons, specifically for "slip and fall" type accidents, owner
assumes all responsibility and/or liability in regards to coated decks or walks; in no event shall the liability of GI, Inc. exceed either the contract
price or the cost of labor and materials necessary to comply with this contract, whichever is less.
NI payments of amounts due are payable no later than upon completion of the work contracted for, and in no event shall said amounts be
withheld because of additional claims made against GI, Inc. by you or any other person, corporation, or entity. The maximum legal rate of
interest shall be charged on accounts not paid within 3Q days from first completion invoice, such interest to commence on the 31st day. Recording
a lien will result in a $100 fee to owner. Fifty percent of deposit will be retained if this contract is canceled by owner prior to the commencement of
work, plus any custom material costs.
You agree to reimburse G.1. Inc. for all attorney's fees and costs incurred by G, t. in connection with the enforcement of this contract or the
collection of any sums due to G.t. by you, whether or not suit is filed.
We reserve the right to correct any and all problems resulting from or arising out of the performance of this contract where we are found
responsible and do not authorize personnel other than that of GI, Jnc. to perform these services. Such unauthorized repairs or corrective
work shall not be the responsibility of Gr, Inc.
No warranties or guarantees, whether expressed or implied, including any such warranties of merchantability or fitness
for particular purpose shall apply unless specified in writing in conjunction with this contract. Warranties or guarantees
within this contract are not transferable; are limited to one year unless otherwise noted; and do not extend to interior
damage for any reason. Account must be paid in full to merit warranty service work.
Make Checks payable to GlUtIlfton Industries, Inc.
ICONTRACT AMOUNT:
Is
16,000.00 I
Estimator:
fJa/~
pate:
1/25/05
Accepted By:
Date:
g:\word'clregl2OO5 Paint\2005 Ext\
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I Division:
I Requested By:
FORM 122
GOLF COURSE
REQUISITION FORM
2911 Golf
I Date:
January 19, 2006
Scott Wahlin
IRec. by Adm.
Date:
Vendor Name Door S terns of South Florida Inc.
Address PO Box 970475
Boca Raton FL 33497
Contact Person John LuUers
Phone Number (954) 941-1911
Price Quotes (check one): (X)
Verbal: I Written: X
Attach copies of written quotes to purchase requisition.
1
Des
R lacement of four OII8rhead doors
Price
Quote #1
Price
Quote f.2
Price
Quote #3
Account
Number
Item Quantity
No. Ordered
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
$ 13586.00 S 8500.00 $ 13505.00 411-2911-572-52
Quotes #1:
Quotes #2:
Quotes #3:
Totals
$ 13586.00 $ 8500.00 $ 13,505.00 S
Vendors Name
Door S tems of South Florida. Inc.
Contact Person
John Lutters
Mike S
hone No.
!.~~~!~l'.!:'~~!t~~l!):.!I!.~J~I:I!.~~-~ to._~~~~_~~~~~!lY.J:l.!l.!.rL~e.JNiI,!,,,!._...._,......_._........... ,.,.,....--.. ,...,~
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Department Head:
hrllJ ~
Date:
,\\C\\()b
Door Systems of South Florida, Inc.
Mailing Addres:s: Shipping Address:
P.O. BOll; 970475 1350-8 Hammondville Road
8c>ca Raton, A. 33497 Pompano Beach, FL 33069
Phone: (954) 941-1911
Fax: (954) 941-2433
The Gelluine. Tbe Original.
....."
Proposal#:JL-1645
Q (Unsaved)
PROPOSAL SUBMITTED TO:
City of Boynton Beach
s
P.O. Box 310
cay
Boynton Beec~
mbGr
5611742-8543
ITEM, QTY SERIES
Attention
Scott Wlalin
1510
810
12' O.
8020 Jog Rd., Boynton Beech
hone
561 J 742-6543
OPENING OPENING OPERATION
WIDTH HEIGHT
12' 12' O.
16' 0" 12' O.
Chain Holst
Chain Hoist
JAMB
TYPE
Steel
Steel
A 1
2 3
FURNISH AN I
The above sized 610 series rolling door(s) as manufectured by the Overhead Door Corporation. Door standard features to Include
the following:
Curtain slats WIll be galvaniztd steel. C~ will be provided with me.eable Iron endlocks on alternate slats. WindlDcks Will be
used as required to meet deeign wind Io8d. minimum 50 p$f. Guides wilT be three structural steel angles. Brackets will be hot
rolled steel plate to support Ihe bal1'&l. counterbalance and hood. Counterbalance will be heneal torsion springs housed in a steel
pipe and adjustable by mean, of an external tens:ion wheel. All non-galVanized, exposed, ferrous surfaces wfll receive one coat of
rust inhibitive primer.
12' 0"
16'0"
1~' O.
PROPOSAL TO INCLUDE THE FOLLOWING:
Items A & B above to feature the foIfowil1g:
. (1) CURTAIN SLATS, C-275 22 Gauge.
- (2) GUIDES, Steel Angles Requires All. Malleable End/ooles.
- (1) BOTTOM BAR, Double Angle Weatherstripped.
- (1) OPERATION Chain, Interior.
- (1) FINISH, HOOD. Galvanized Primed. .
- (1) Rorida BUt1ding Code with 50 175 PSF Dade County Windload and Mis&le Impact Requirements.
Price Ineludes Take-Down & Haul Away of Old Doors.
We hereby propose to complete in accordance with above specifJcation. for the sum of:
Thirteen Thousand Five Hundred Eighty Six DoIIa~J\lo...ceQ.ts $13,586.00
Signature ~Q -=-. .)
John L~ Dired Dial: ecteiifiOn 101
'tERMS AND CONDITIONS
Payment to be made 8S follows: Contract Terms
Prices subject to change if not accepted in 30 days.
AI wiring/conduit to motor operat0/'9, control stations and photo ceDs by others. unless otherwise noted above. Purchaser agrees
that 88 material shaN remeln In SeRers posesslon until paid in ful. In the event Purchaser breaches or defauhs under the agreed
tenns and provision of this agreement. the purmeser aMll be responsible for the costs of collection, inducting al attorneys' fees.
Agreements are ~ent upon strikes. accidents or delays beyond our control.
ANCE: Terms, Price, and specifications on lift pages offfiis Proposal are hereby accepted And th" work authOrized.
Purchaser:
S/gn~ure TItle Date of Aecaptanee
Page 1 of 1
ccr
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Jate: 17 -Jan-06
~equesting Department: Admin/Utilities
Contact Person: Mark Bobich
Explanation for Purchase:
Re-roof and asbestos removal from the chemicals at the East Water Plant. These building's have
experienced leaks due to Hurricane Wilma. The buildings house the chemical supplies and controls
for the plant, and also contain many electrical control panels and computers necessary to the plant's
operation. The roof on these buildings has asbestos containing material that must be removed and
ldisposed of properly. This vendor is certified to handle the proper disposal and also has the Health
Department permit for the removal of the asbestos from this site. Other local vendors contacted
could not remove the asbestos uickl or were unres onsive
Recommended Vendor Preventive Maintenance Support Services, Inc.
Dollar Amount of Purchase $31,408.00
rce for Purchase (check and attach backup materials):
~o: Written.Q~otatiO~) CD GSA D
State ~ D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase CD Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
401-2822-536-52-95 HR0601
~pprovals:
Jepartment Head
::>urchasing Agent
City Manager
:;ity Manager
~
-rx.~
i4t-
.,
Date ~b(1)t::,
Date ~21a:./'.J
Date
Date a j~fo1/
,
orm Revised 02/01/02
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REQUEST FOR REQUISITION
p ~ K ENTRY DATE:
n. ~.K REQUISITION #
Clerk:
217/06
38060
DP
Procurement A, s't:
-1 ' ()(,
Director:
~kYO,
City Manager (non budgeted
ca ital and/or $5000+):
REASON FOR PURCHASE: Re-roof and asbestos removal from the chemical building at the East Water Plant.
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: Preventive Maintenance Support Admin. (X) Date: ASAP ( )
Services, Inc.
A.ddress: 1110 2nd Ave. South Construction ( ) Date Needed: Confinn. ( )
Lake Worth, FL 33460 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMI'ITED:
:: (contact): Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 (x )
(over $500)
Pumping ( ) Quotes/Written ( ) E.WTP 41 ( )
(over $2000)
vendor Number: 7211 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. ( ) PIU 99 ( )
NITIA TOR: Mark Bobich Sewage ( ) Insurance ( ) Special Instructions:
, . (\ Requirements:
\.PPROVED: 4' rI.. ~~0 Stnnwtr. ( ) SNAPs/GSAlPiggy-back Project Number: HR060 I
. r #:
~uan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
31,408.00 Re-roof and asbestos removal from the 401 2822 536 52 95 31,408.00
chemical bldg. at the EWTP
Per attached proposal dated 1-11-06
through Facilities Mgmt.
TOTAL 31,408.00
-
j~~~
PROPOSAL
Submitted To
City Of Boynton
Beach
East Water
Treatment Plant
1620 S. Seacrest
Blvd
Boynton Beach,
FI33435
Estimate Date JAN 11 ,20~
Attention: Paula Le Blanc
Phone
Estimate ID
Building
East Water
Treatment Plant
Unit
Job Size
CONTACT- TONY 561-305-9801
We hereby submit specifications and estimates for:
HURRICANE RE- ROOF CHEMICAL BUILDINGS
EMERGENCY RE - ROOFS
These Buildings listed above have sustained varying degrees of hurricane damage
THE NEW ROOFING SYSTEM IS AS FOLLOWS
Remove the existing roofing system to the lightweight deck
Perform any repairs necessary to return deck to workable surface
Prime and prep for the new base sheet
Install new Zonolite fiberglass base sheet
Hot mop in Bitumen Asphalt the 4 ply Built up roof system
All buildings will get new metal flashing as needed
New lead stacks and pvc stacks will be provided as required.
The building will get new 6" Drip Edge Metal all around perimeters
Existing exhaust blowers will be re-flashed in and resealed as required
Asbestos removal cost for these bldgs is included on the
control room bldg proposal
PMS is Certified and trained to properly handle, clean up and properly dispose of
asbestos ~in
accordance with the law and the Palm Beach County Health Dept.
UPON COMPLETE PAYMENT IN FULL.,PMS WILL ISSUE A 12 YEAR
WARRANTY
Preventive Maintenance will conduct a walkthrough after completion of work, if
requested. At that time any questions about the work should be addressed with PMS.
Supplemental inspections will only be granted if requested in writing and at the
convenience of the PMS work schedule. Throughout the process, PMS will post the work
completed on the web. Failure to review this information does not constitute a failure to
notify the customer by PMS. Reports are usually completed within 1 business day of
completion of work. Once the work is posted that work will be considered as acceptable
to the customer if PMS is not notified in writing within 30 days. Testing and engineering
required by the city for permitting purposes will be the responsibility 'of the owner.:
Price includes delivery. materials. labor. installation. debris hauling. taxes. and required
insurance.
We Propose hereby to furnish material and labor. complete in accordance with the
above specifications, for the sum of: $ 31,408.00
Contract Amount: AS LISTED ABOVE- PAYMENT IN FULL NET SEVEN
DAYS AFTER COMPLETION. There are no exceptions.
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices. Any alteration or deviation from the above
specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements are contingent upon
strikes, accidents or delays beyond our control. Owner will carry fire, tornado and any
other necessary insurance. All payments will be made on the same day of invoice unless
otherwise specified above. Thefinal payment'is due when PMSS declares the work
substantialy completed. A 5% hold out may be kept by the owner until final inspections
are completed. Late payments will be subject to an interest charge of 1.5 percent per
month. In the event payment is not timely made, under the terms and conditions of this
contractPREVENTNE MAINTENANCE SUPPORT SERVICES, INe shall be entitled
to recover all attorneys fees, court costs, and/or collection fees, incurred in collection by
the firms representative, whether suit be filed or not. PMS will stop work due to delays
caused by the owner. Work will proceed when the cause for the delay is resolved and the
owner has paid for re-mobilization. By signing this contract the owner admits and accepts
that the roof has been leaking for sometime and may continue to leak or develop new
leaks during the performance of the work and the owner will hold PMSS harmless for
any d8J1lage arising from water infiltration in or out of the building. Owner will hold
PMSS harmless for damaged to side-walks, drive ways, landscaping, plumbing electrical
or any other building component of the property damaged during the performance of the
work. The owner acknowledges that reports and pictures of work are posted on their
secure website each day, that it is the owners responsibility to either visit the work in
progress each day or logon to the website to review the works status (userid and
password are printed below) and that they will inform PMSS of any grievances within 24
hours of the completion of that work. Grievances reported past the 24 hour period will be
correct at the sole discretion ofPMSS. RESIDENTIAL CUSTOMERS ONLY.
PAYMENT MAY BE A V AnABLE FROM TIlE FLORIDA HOMEOWNERS
CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT
PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM
SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR,
FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM,
CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT
THE FOLLOWING TELEPHONE AND ADDRESS: CONSTRUCTION INDUSTRY
RECOVERY FUND 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA
32399 850.921.6593
View your account information on the web at the following
link::http://www.contractorinacan.comlloginmain.asp
Your User Name:
Your Password:
Krisian Irr
Authorized
Signature:
Acceptance of Proposal - The above prices, specifications and conditions are
satisfactory and are hereby accepted. You are authorized to do work as specified
Payment will be made as outlined above. I have reviewed and agree to the terms and
conditions set forth on the reverse side of this Proposal.
Date:
Owner
Owner
""'--"".-"-'-.,-.".
Preventive Maintenance Support Services, Inc. 877/341-1428 toll
free
IllO 2 nd Ave South * Lake Worth, FL. 33460 * Fax: 56).394-2311 Email: sherry@pmsroofing.com
State Certified Roofi.wz Contractor CC-C057583 a minority owned business
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 10-Feb-06
Requesting Department: PW/Engineering Div.
Contact Person: David Stump
Explanation for Purchase:
Clearing of Lots 81 & 82, Plat of PCD Center for Fire Station #5. Scope of work to include removal of
all vegetation including stumps, removal of east 5' chain link fence and removal of all debris (mode of
removal to be at discretion of Justin Industries Inc.
I Recommended Vendor Justin Industries, Inc.
Loollar Amount of Purchase $52,000 plus 15% contingency
'-'rce for Purchase (check and attach backup materials):
Three Written Quotations CD GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Account #305-4118-580-62-01 CP0645
Approvals:
Department Head
Purchasing Agent
-Gity Mcmager
:;ity Manager
A{CW~.. '., ~'}'l<? 4~1__
'7'X
~
Date :J..- /~ OJ (DiP
Date oMa/~
Date -=r=-r ,
Date~
'orm Revised 02/01/02
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JUSTIN INDUSTRIES, INC.
P.O. Box 33401
Palm Beach Gardens, FL 33420
561-790-0313 Fax 561-790-5373
Name I Address
City of Boynton Beach
222 N.E. 9th Ave.
PO Box 310
Boynton Beach, Fl.
P.O. No.
Terms
TBD
Item Description
Scope of Wo... Lots 81 & 82t Plat of PC>> Center,Plat
book 60 - Pages 106 & 107
Clearing:
-Removal of an vegetation including
stumps.
-Removal or East S' chain link fence.
-5' Buffer to remain frolllS' chain link
fence on North property line.
-5' Buffer to remain frum 8'chain link
fence on South property line.
Removal of all debris:
-Mode of removal to be at discretion of
JustinlndusbiesIn~
Removal of any and all types or fonns of
eontaminents of aD}' kind to be removed
by others in n manDcr Dot to hamper
normal clearing operations by Justin
Industries Inc.
If lot has standing water or muck there could be additional
charges..... If accepting, please sign ;
'.
~
Proposal
Date Estimate #
U/2012005 1932
JOB NAME
JOB ADDRESS
Lots 81&82
Total
PCD Center
Qty
Rate
52,000.00
52,000.00
, Total
552,000.00
Upon siguUag,proposal becomes a legal and binding contract.Any fees ineUl"red,including attorneys fees
and court cosu ""ill he the responsibility oftbe Don-prevailing party.Any infrastructure on site must be
staked with 3.stakes & ribboned.Hand cutting not included unless specified in contract.Justm Ind. is
not responsible for any permits or fees.Any changes will void this proposaI.Justin Ind. Inc. assumes no
-esponsibility for site work staking.
czr
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 10-Feb-06
~equesting Department: Admin/Utilities
Contact Person: Mark Bobich
Explanation for Purchase:
Fence repairs various locations - Utilities Department - damage due to Hurricane Wilma
Palm Beach County Fence, Chain-link & Backstops furnish and install #04-127/PR
Recommended Vendor Martin Fence Company
Dollar Amount of Purchase $16,938.70
Source for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source D
Piggy-Back CD Budgeted Item D
Emergency Purchase D Other D
Contract Number: Palm Beach County #04-127/PR
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
401-2822-536-52-95 HR0601
~pprovals:
Jepartment Head
'urchasing Agent . rx.. ~J
\sst City Manager _ _~
:;ity Manager
-
Date
Date
Date
Date
~ ('cf.lvt.
.ocVJ(P A(fo
CJ.pr!Ob
orm Revised 02/01/02
REQUEST FOR REQUISITION
p -- 1i;. ENTRY DATE: 1/10/06
H. J.E. REQUISITION # 38124
Clerk: DP
procurffe~ Ass't:
(c~: -6
Director: ~~ f\1!.
:ity Manager (non budgeted
:apital and/or $5000+):
REASON FOR PURCHASE: Fence repairs various locations - Utilities Department - damage due to Hurricane Wilma
:Jalm Beach County Fence, Chain-link & Backstops furnish and install #04-127/PR
VENDOR INFORM A TION: DIVISION: OTHER INFORMATION:
'lame: Martin Fence Company Admin. ( ) Date: ASAP ( )
\ddress: 862 13th Street Construction ( ) Date Needed: ConfIrm. ( )
Lake Park, FL 33403-2383 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITTED:
.1 ~ contact): 56 1-848-2688 Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 (x )
(over $500)
Pumping ( ) Quotes/Written ( ) E.WTP 41 ( )
(over $2000)
'endor Number: 1863 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. (X) PIU 99 ( )
'UTIA TOR: Mark BObiChr\ Sewage ( ) Insurance ( ) Special Instructions:
" ' F'~ Requirements:
,PPROVED: ~ hM. ~ Strmwtr. ( ) SNAPs/GSAlPiggy-back Project Number: HR0601
'I' yvvV' - #:
~uan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
$ 775.10 Lift Station 60 I 401 2822 536 52 95 $ 775.10
-,
$ 1,679.60 Lift Station 317 401 2822 536 52 95 $1,679.60
$ 1,580.80 Lift Station 719 401 2822 536 52 95 $1,580.80
$ 839.80 Lift Station 615 401 2822 536 52 95 $ 839.80
$ 2,493.80 Lift Station 707 401 2822 536 52 95 $2,493.80
$1,729.00 Lift Station 520 401 2822 536 52 95 $1,729.00
-
$ 876.20 Lift Station 803 401 2822 536 52 95 $ 876.20
$1,842.00 Lift Station 51 7 401 2822 536 52 95 $1,842.00
I $5,122.40 Lift Station 415 401 2822 536 52 95 $5,122.40 1
,
TOTAL 16,938.70
,
PHONE: 561-848-2688 · FAX: 561-848-4466
TOLL FREE: 1~877-777-3212
862 13TH STREET, LAK~ PARK, .FLORIDA 33403-2383
, UC. # U10591
SOLD TO, N.~~~~~.-/~- _ SHIP To,~:ti~2@
:::r~~. ..._.. ff~1::f1~~---
;;;t ! ~.d7Z...)!l)\":---._--'-
~one.Lt7 ~h ~ .t.:tiness.2'ff1:Z ?.f __ Total F""tage..~.....___.__.__ _.__.._ ...n
Contact_,_,_~~_.,_~~~__,______._Cell.~_.,______.._.___,~,-_...~.."....__.u_,_ Pager ____ ...........~._ ..,. .___.. _ '. '__""_' ."
MARTIN
FENCE CO.
o Top Rail Level 0 Follow Contour , 0 Barb Up 0 Knuckle Up
;l" /d ~~ #~;/ /Z? /!~i
y' "..v,,~ &-~ ~6~r:
I :i
,;.i/",i,,? tfr~ C,oC: ~,~ ;?7~h
.......
rension ~ire~~..:'-~," .
:ore Drills______~
)a nelweave__..__..___-----...__.
. .u - /~
~~ ~70 ~
~ft?7SI()
.. H............__-..~_.-_-.........--...,...._.~
Customer authorizes the
installation of the fence in
accordance with the sketch and
any attached specifications and
agrees to assume atlliability and
responsibility for accuracy of
sketches.
Total Price_.:2:t'&::. Ii>
__.------. Approx. Delivery Date
Less Deposit r-: _... . ~_ Week Of~~..._.
. . ~ ~/.
C.O.D. on Completion, ?~ ~ - _~ .
This contract subject to Ter...s and Conditions 0.... reverse side. Oral
representatiOr'J1s cannot be relied on. No !I'Odifications to this contract
wIll be hono~ unless in writIng OJ' ~\g"ec1 ~th ~~.:..._~-.
I IjIereby IiCknowledge the Atf.fac:tory ~
Customer __ COlllpletlon of the ~e described work.~
J : ' ~
Customer ~_'___'___~_'~ !
..-.....--,--.... ....., ~
All fenc::e lines must be deared
by customer or a fee will be
charged - $75 per hourI
minimum of I hour.
!!r
Salesman
White copy I OffIce
Canary copy I Installer
Pink COpy I Customer
PHONE: 561-848-2688 · FAX: 561-848-4466
TOLL FREE; 1-877-n7-3212
862 13TH STREET, LAKE PARK, FLORIDA 33403-2383
.& _ ~u L Lie. # u:~::~__.__..@
SOLD TO: Nam ~1l?L..~J~ _._ SHIP To:,~hL7~~~L,~E_"._,
AddressLL~~~~~.~ ~~~~#!~C::~~>
City_t41!5. - ...-- +-__ ~46._~~tf}~~._P
co~~~B~_~:. . ~~~:..._..._.:~~~~
I
MARnN
FENCE CO.
Fence_ _
.... ~'''.'--,-,-------..-....-_._....................~-
~~r::~' ~i;e~477;T.&I
:ore Orills_~~ ____..._
~anelweave__, ,
....,.. -.-----..........-..~_.... '"
Customerauthori:%es the
installation of the fence in
accordance With the sketch and
any attached specifications and
agrees to assume allliabiJity and
responsibility for accuracy of
sketches.
All fence lines must be cleared
by customer or a fee wiU be
charged - $75 per hourI
minimum of J hour.
r
White copy I Office
o Knuckle Up
/ ',' '
~ ~A'eV: ~i~ ~f~~K;? ~/1~6I6
-=-
~7~ /~7"7! 6P
--------
~
4/t 7~/ C J
Tota. pri!i 6 2!l ~i!J -"-_--L_Approx. D'J:e'J.J'ate
Less Depo~ft.......,.., - -;y" ~", ' Week Of:~___"_,,.
C. p.O. on i Compfetlon!;L;?%. ~'P
This contract subjfi!Ct to ierms and Conditions on reverse side. Oral
representation's cannot be relied on. ~o moctific:ations to this contract
will ~honor'ed unless in writing and s'gned by both ~rties.
------R, . I he.' ,.eby aCknowied9~h;";ti;;;;i;':;~'1:
Customer ~_ completion of the IIbove described work.,
!
- ~c:'tomer ---:-=.::::::.:::::::::=::::::1
Canary copy 'Installer-
Pink copy' Customer
.
PHONE: 561-848-2688 · FAx: 561-848-4466
, TOLL FREE: 1A877-7n-3212
862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 C\
' Lie. # U10591 0jJ)
// lr.~,,~_ k: / / J ' Date~Lb~~;'2_"__ -------. --
SOLD TO: Nam~~~~_:....._ SHIP TO:.M:..~_.L~L~_,.,_.._.~
Address-P~~~.LL. _ ~~~__Q: &~~~.___,_.__.
City-d..~__,,~ , ~- ' _ .~L~~~.._....______...~___...
( ~ ?one~"L~~_~s.:?4/~.sl -Zz..C__ Total t=ootage._'_""'_'_hr.____._~__..,...__._
ContAct_~~__, ------._~-- -, '_"___'~'_,_.,. Cell___, ~,...___ _._.___,___~__,_,~. Pager _..__.. .._____-. _. ... ...... ~, , ,_"~_, _ ,. _ .. .
MARTIN
FENCE CO.
:ea.~i: Wire~~~.
:ore D riUs~ ,
anelweave
o Top RaU ;Level o Follow Contour : 0 Barb Up 0 Knuckle Up
~/g~"p- t:1~-/Z7 /?~
~r//: tP~/. i V
~pt// , /~#e~ ~~ ~, /~7~ ~ /~ Fo
-----
~~,.~ . ~ntl. ~
"/P/tI'r~ ~
Fence -...
-..----_-..-_-----~._--...,..----~
Customer authorizes the
installation. of the fence in
accordance With the sketch and
any attached specifications and
agrees to assume aJlliabirrty and
responsibility for accuracy of
sketches.
. 14R.,f; .
Total PrJce~. .--"-----._.. c---Approx. ~te
__ I
Less Deposit".. ~ ; r" Week of: - , ,__~_.
C.O.D. on comPletion...=..$~~ ~'
This contr~(:~ subject to Tenns and qonditio~$ on reve.-se side. Oral
representatlCm's cannot be relied on. No modifications to this contract
will be hono~d unlessi riti;ng and signed by both parties.
, t ~reb;;;;:;ledge th;-;;;;;;;;;-r
. I:o..pletion of the above described work. i
f
Customer ----::--,.,--:::::::---:-~ '. J
All' fence lines must be cleared
by customer or a fee will be
::harged - $75 per houri
ninimum of I hour.
Customer I
r' __ Salesman
White copy I Offlee Canary COpy I Installer
Pink COpy I Customer
.OLD TO:
PHONE: 561-848-2688 · FAX: 561-848-4466
TOLL FREE: 1-877-777-3212
862 13TH STREET, LAKE PARK, F"LORrDA 33403-2383
Lie. # U10591 ~?J
C(~
Date /-/ /.-t.Jb
SHIP TO: ~...s: ~ ~/r
~...,.n &,w. ...r.. ;7;
~.... tIP?;; ~..$" .
MARTIN
FENCE CO~
City
;on=<,d,;;';.~. ~ ~";1~
. Totar Footage
ence
., '.Cell
P~r
op Rail
-Z~t-~~/A
ine Posts ~ '.r:IIT4L.-%.J'
or. Posts ~Y-;.V~
ate Post~
ates ~_
o Top 'Rail ~evel 0 ~o"ow ~ontour 0 Barb Up 0 Knuckle Up
~:d1'~" ~ ~~/7?/L~
~r // ,A'e/~;!-rD .
:;:r~/ ,~~ t1tt.;C: JI//'t?1!7'~rgtj~t1
~~ ,1'1''5'1- ""'_
~
msi:n Wire ?~ 4~
>re Drills
nelweave
:ustomer auehori2es the
nstallation of the fence in
lccordance with the sketch and
my attached specifications and
vees to assume all liability and
'esponsibility for accuracy of
ketches. _
Total Price
1'59 tf 11
Approx. Delivery Date
Week Of:~ _
III fence lines must be cleared
y customer or a fee will be
harged - $75 per houri
linimum of I hour.
i _
Less Deposit! T ,
C .0. D. on: Completion ~:'i 1"1) .,. J
This contract subject to Term~ and Cohditions on reverse side-. Oral
representation's cannot be reUek:r on. N~ modifications to thi.s contract
will be honored un' writing and si~ned by both parties.
I he~eby iilcknowledge the satjsr~ctory
completion of tho above describ~ work.
Customer _
Customer
Salesman
White copy / Office
Canary copy f !n$taller
Pink copy j Customer
, ,
PHONE: 561-848-2688. FAX: 561-848-4466
! TOLL FREE: 1-877-777-3212
862 13TH $TREET, LAKE PARK, FLORIDA 33403-2383(fi)
, LIe. -# U10591 ,
Date ~./?..;~ 70 7
;OLD TO: Name.l':~"';'&~.""J~ .: SHIP TO: 'L.~ #~7
Address /;,' Ii ~~' &IV,-;UI& ~~ t6'~~
City ~.d. .. ~ . ~r &.eN'6?Z-
I~: "7~h* BZ~~~~t:gTotal Footage
:ontact ~'. .' ' Cell Pager
MARTIN
FENCE CO.'
'ance 0 Top Rail Level 0 Follow Contour 0 Barb Up 0 Knuckle Up
'op Rai'/,~ ';UV! . ~/~6r ~~~ /Z7/!~
ine Posts "'j. ~h~~/ A L~t! //.,
~~ bile. U'7' J/ V/#,.~ d?t>" v r
or. Posts ~ - , , / "~h h
ata Posts~.~6~. fre;U / ~~~ tt1V:: 7~ '~3'h.:-,..,~~
ates, ~ /~ -------=-
?-#5. b
~
7fW~P;
~~
ension Wire
)re Drills .-
lnelweave
Customer authorizes the
installation 6f the fence in
accordance With the sketch and
any attached specifications and
llgrees to assume all liability and
responsibility for accuracy of
.ketches.
Total price_~/93. R'l?
Approx. Delivery Date
i"'" I
Less Deposit' , .;. ' 'Week of:
" '-'~ K~
C. 0.0. on Completion -&rI~ ....;
This contract: subject to Terms and COr'!ditlons on reverse side. Oral
representatioil';s cannot be relied l)f't. No: modifications to this contract
will be honored unless in writing and si9~ed by, both partJes.
I '
, I hereby i1ckno\lllledge the satisfactory
Customer c;ompleUQtl of the above desC:r'ibed work.
\II fence lines must be cleared
ry Customer or a fee will be
:harged ~ $75 per hourI
Ilinimum of I hour.
Salesman
Customer
White copy I Office
Canary c6py I Installer
Pink copy i Customer
MARTIN
FENCE CO.'
rension Wirer-?~ ~.
:ore Drills
lanelweave
Customer authorizes the
installation of the fence in
accordance with the sketch and
any attached specifications and
agrees to assume all liability and
responsibmty for accuracy of
sketches.
All fence lines must be cleared
by customer or a fee will be
charged - $75 per hourI
minimuJl'l of I hour.
PHONE: 561~848-2688 · FAX: 561-848-4466
TOLL FREE; 1-B.77-7n-3212
862 13TH STREET, LAKE PARK, FLORIDA 33403-2383
LIe. # U10591
Business M~~,.
,,' Cell
~.~u'~ ~t:f:~.
#~ t$AfW'I!Q'L-
Total Footage
SOLD TO: Name1?~F~/.I.;'~/ i SHIP TO,:
Address /7'1 #' ~Hr~...
Cit~ 4,6,.
jhone ~~~,:~
Conta<:t ~ . _ ,_ .
~
Fence ;~=~-S
Top Rail ~_
~jne posts:"J'~iI , .
_or. posts..1.~
:iate posts:1 G'~
~ates TO ~r,
Pag~r
DTop Rail Level 0 FollowContour . O,.Barb~ 0 KnuCkle Up
~ /A!$~ ~~_~ R~,/'Z 7 A ·
~T // d!fAt~J/~/.arQ) ~. / ~
fr.d#/ u/v~~h ~ ,~~~ /:n~
" " ~
-r~ /7z.9.. OZJ
-
N~/ , ..
6p;!~1~#~~~'~
Less Deposit . L-. '
c. 0.0. on Completion__ ('7;11: .
Thi$ Contract subject to n!rnis and Condftlons on reverse side. Oral
representation's cannot, be relied on. No modifications to this contract
will be honor~d unless in writing and si~ned by both parties.
I . hcrreby Kknowledge the satisfactory
completIon of the above described work.
J':
Total Price ' /7 pfr H
-,
Customer
ir SaJesman
White copy I Office Omary copy I Installer
Approx. Delivery Date
Week of: ,~
Customer
Pink cOpy I Customer
MARTIN.
FENCE CO..
PHOri-JE: 561-848..;2688 · FAX: 561-848-4466
, I TOLL FREE:1-877-m-3212
862 13TH $TREET, 'LAKE PARK; FLORIDA 33403.2383
. Lie. # U10591
Date ' , /t:;.
SHIP TO: S::' /:I
,%~/n-~~MS~
';~r;._~A .
SOLD TO: Name~#F4w#~ - .
:::~f~~~~;$ .
Phone ~~"'.IniJ B~S ?~",~zqF
contaCt#~ JI ,~ Cell. : . ...
Fence
Total Footage
.Pag~ .
Top Rail
Z/'
Line Posts ...; ~.
Cor. Posts ~
Gate Posts :5
~r.
- :=
o Top Rail Level 0 f:ollow Contour I 0 Barb Up 0 Knuckle Up
&-/~##tfJ~~/~7r'''c:. .
/~. /)P'lf#'p~M-C> irL- F..
.:Z~ /:tf~~vtfT!;6,"?j?/~!J"~~~ Jl7p.~
,
~~ r~, Ze:;
::;ates
-
rension Wire
:ore Drilfs
..
)anelweave
Customer authorizes the
installation of the fence in
accordance with the sketch and
any attached specifica.tions and
agrees to assume aJlliability and
responsibiUty for accuracy of
sketches. -
Total Price'
??J; Jt!l .. :
.-t
:-
Week of:
Less Deposit
C.O.D. on :Completion .f7~ 7d
This contract subject to TerMs and Conditions on reverse side. Or.'
~presentatio.,ls cannot. be relied on. Np modifications to this contract
will be honored unle .on writing and sipned by both parties.
t ~reby aCknowledge the satisfactory
QO~pletlon of the above descrIbed work.
All fence lines must be deared
by c::ustomer or a fee will be
charged - $75 per hourI
minimum of , hour.
Customer"
Customer ..--
~r
Salesma
PHONE: 561-848-2688" FAX: 561-848--4466
! TOLL FREE: 1-877~7n-3212
86.2 13TH STREET, LAKE PARK, FLORIDA 33403-238:Y;:: ,
L1C. # U10591 l!!]/
. &. .~. D.t~/J.~ *'
SOLD TO: Name ~4~. ~../~LSHIP TO:.?$', '- ~r ft ·
Address nrk ~t:Ht:tt: ~ ~# ~",;-~ ~~. ~v~ .
City" ~n,,(~'" ,. .~ ~: ..s;,7//r..
Contact ;~~~~w. ..'B~s:;s-Yft~~~.,r
- " .,
MARTIN
FENCE CO.'
Total Footage....
,Pager '
I
=ence
rop Rail Iqt.J6H~~
Jne Posts '2/~~
:or. PoSt5~- ~..sdA-fli,
;.te post~~
, t s r.-
..a e
~DTop Rail 'Level o Follow Contour 0 Barb Up 0 Knuckle Up
~ /f'~ ~ ~~A", ~ ~,(-z:? //,
?~r // ~#~V~;i'~- I
~ /, , ~.....v .ttt!.r 'J1/~ #l~'" ~ .l4"I'Z.
.#17JII3 ~~akjll~. I"ZI'J ~3. -:: 3"~e;J~-
~
p~, , /R'~Z.cr;)
---------
--------
?~.6-m1tA
"ension Wire
:ore Drills
,..
'anelweave
Customer. authori:zes the
installation of the fence in
accordance with the sketch and
any attached specifications and
agrees to assume a1lliabiUty and
responsibility for ~ccuracy of
sketches.
#
Total p"'i~e! / R/fZ.,.
Approx - Delivery Date
Week of: ~IIY'!?~. ,
All fence lines must be cleared
by customer or a fee will be
charged - $75 per hourI
minimum of I hour.
, --
Less Deposit '..:tIf
C.O.D. on, cornPletion...::tf~.'
Thha contrae:t subject to Tems and Conditions on reverse side. Oral
representati?n's cannot be relied on. No .modiflcations to' this contract
will be honored unless ,in writing and .igned by both parties,
thereby ac:knawleclge the satisfactory
cqmpletlol'l of the above deserlbed work.
Customer
Customer
2r
Salesman
I '
PHONE; 561-848..2688 · FAX: 561-848-4466
TOLL FREE: 1-8n-777-3212
, '
862 13TH STREET, LAKE PARK, FLORIDA33403-23~\
Lie. # U105~1 ~
4A:._ ;6. Date0Lhk.___________._..
SOLD TO; Nameot!o/ ~t;~#~~.~~ SHIP To:'4-.::i ..;t,4(./:!5"" 4,4~;I~_~~...~,
AddressLd~~iL!.-~~ ~e:.:~~_~~ ~~_..~.~~t."
Cityb-f'~cu!. ~.._. _____._.__ .aJ-..Zi f4J $~~~---'.-&~...w.,..._,..... __
~hone2b-=-i7tf__ BusinessM .:b.tL_..~ Total Footage~._____,..___.__._...._~,,,._.. ...-,.
I,.";? ,": '
Contact ,~~__ .._____.." Cell--7"----.---~..m......-...-,,- Pager .-.,.---- -..,---..-......-.-.......... -----,-,
~
MARTIN
FENCE CO.
Fen"" . Q Top Rail! Level 0 Follow Contour j 0 Barb Up 0 Knuckle Up
Top Rail -;:-/i{Yd&~ ~ /~4',., p,,~ ~/'f7 ~~ .
Line Posts~~~~~ ?;r ~ .d#,~ ~ ~.
Cor. Posts~~g;JAJ!:!/. ' . :, /
Gate posts~'l!!.~~ %~ I ;P / t1H/,ctf~ .lt4.";:: /~3- "'!fJ~?~ .5/zz. ~
Cates _ Eill..rE. "2 ~~.
~~~. 4;in.0
~ensio~-~ire.:7?~~~ .
Core 0 rill s
-
-----
Panetweave___
Customer. author'izes the
installatiofl of the fence in
accordance with the sketch and
any attached speCifications and
agrees to IilSSUme a1lltability and
responsibility for accurac:y of
sketches.
Total prlJ / ::<fn. ~y~_ _ Approx. D~liver~ J!:!fe
Less Depo$lt . ~i , . Week Of:~":_
C.O.D. on, comPletion~~. ~,
ThIs CX)ntra~t subject, to TtI!~nn$ and ~nditions on reverse side. Oral
representatiOn's cannot be relied on. No modifications to this contrac;:!
will be honored unless in writing and ,fgned by both parties.
....--- ---- '-""'-' _._.~~. '~-~-'''!
~ I ~reby acknowledge the satisfactory ,
--1 eci",pletion of the above deserlbed work. i
~ : i
C"'stomer
--~-..."~._~- !
Atl fence lines must be cleared
by customer or a fee will be
. charged - $75 per houri
minimum of I hour.
)er
Sl!lIlesma
White copy f OfFice
Canary copy I Installer
Pink cdpy I Customer
11/22/2005 20:13
ttt'ch"Sll.{l OeI'lU'CtIleltt
::luth Military 1'raU. Suite 110
?3.1tn ell",I:1\. PL 33415-S199
(.56Il616-6800
FA.X: (561) 616-otHl
www.pbcsov.com/pul.
iIi1i
P-Uln Blmdl CoUklty
l:Ioa.rd lOt' ComJ tr
CQ~l:Jtc'h'5ionerl/
Iny Malillotll. ChAlttrla.J1
L. Gr~/'lCl. VIce Chaifperson
Kal'lm 'r. MucUS
Jeff l<OOIlS
'IMlrl'<Jn H. N"wc:ll
Mary McCarcy
Burt AJ,rOPSOII
lUllty l\.duliru>lUUl:or
Robert WeiS!llUn
'A.. 6({fJ.1/;/ Oppol'ruTlity
'1f1.ri1/~ tlerioll jimp/OYI7'
5617425213
PAGE
82
FACILITIES
September 13, 2005
RECEIVED
OCT I ~imi
PItOCURellb!T ltaYiCES
Fa........, L
MARTOOO2
Mr, Robert l. Green, Praaldent
Martin fence Co.
862 131ft St.
Lake Park, Florida 33403
Dear Vendor:
RE: TERM CONTRACT #: 04.121A
"
This l~ to Infonn Y04 that Palm .Beach County Soard of County Commla.lonara i.
enter:fnglnto ...'Term' Contra~t with your company.fol' Fen'Ce. C~aln"lnk..& f)@ckltOD8.
Fumleh'& Install. bated on one of the foJlowlng:
[ X ) RENEWAL OF BIO#: 04-121/PR
[ ] EXTENSION OF BID/Ri=Q #1-:
[ ] SOLE SOURCE CONTRACT #:
V.netOr' ,haJJ notffy Pureth..lng Immedl.li~ly If the.sollt source lltItU$ Cheng...
r .) , STATE OF FLO~DA CONTRACT '1#:
r I
OTHER:
The tenn of this contract l!i SeDtember 30.. 200$ through' Se.qtembef 29. 2096. The
estimated dotlarva'l,.Iefor alla~anfed vendorS Is J1.1~.O~.OO~ '
The obligations of Palm Beach County under this contract are subJect to the .vailabiUty
of funds lawfuJly appropriated for its purPose by the stat.e of florida and the . Board of
County Comm'$Slone..." '
Palm Beach County Oepartmenw wm Issue IndIVidual hard C9PY on;fers against this
vontraot aa y.our lIuthorlzatlon to deUver. All =i~. must re'-~nr:;e I unique docum!',.t
number (e;g,CPQ/OO 8$O'XY030305000:00'Q, , 1111ror'CPO/OOS8o-XY030305*1111.).
Failure to' provide an order n umber- with- eaoh 'rnvolo. wJII I'esult 10 a delay In prooesslng
payment. '
ff you haVf any questions, prease con~ct Phil Rldolfo. Senior Buyer at-1561 \ 616-6823.
(J.).Utr
K I.en M. SCarl.~
Director, PurChasIng Department.
c:
Mike Borovhik. F P ~ 0,
ReidR21ymond, Pa.rks ,~ Recreation
Vernetha Green, Water UtlllUes
Roberta carf~gi1o, EngIneering & Public Works;
Tom Wenham, Fire Rescue
Chuck Kenfield. Airport
File
11/22/2005 20:13
5517426213
FACILITIES
PAGE
83
.~. _....M""~--t:w:....-; M .. --...:.......~.....~..__.:.___!. .....~~._......."./'. .
. . ........-...,.,,;-,
cltlUfng Dl!!partment
:h MiIIlary Tllll. Suil~ 110
Im~each. FL3.HI5'JI99
(561) 616.6800
~: (561) 616.6811
ww.pbcgov,c;:omipur
.
lJtt BI:..cfl ~ounty
s.--."'I1 or CO'Ilrtty
nl..lone...
'l!!n T. Mucus, Chair
'.slloni. Vice Ch.lrman
Jeff XOOIl5
Narren H. Newell
Mary McCarty
Burt Aaronson
...ddle L. Greene
tty AdmlniJtmtof
obep We/sm.n
'luol OppoThmity
~r A.rnOI1 Emplo;y....
September 21, 2004
MART0002
MartIn Fence Company
Robert L Green, PrE!$ldent
862 13th Street
Lake Park, FlorIda 33403
Dear Mr. Green:
RE: Tf:RM CONTftACT#: 04121
This Is to Inform you that Palm Beach County Board of County Commissioners rs
extending the Term Contract with your company fOr F.n~.J Chalnllnk & Backsto tl~
FurnIsh &. Install. Term gOI"~ract bas.don OI'le Of the following: . . .
[XJ FORMAl. BID II: 04-121/PR
[ J REQU~ST FOR QUOTATION (RFQ) #:
[ J RENEWAl. OF FORMAL BIO/RFQ #;
[ J , EXTENSIQN OF FORMAL. BID #:
[ 1 WRITTEN QUOTATION.#:
r J STATE OF FLORIDA CONTRACT #:
[ J PALM BEACH COUNTY.SCHOOL BOARD Bib fl.:,
[X]
OTHeR: lot's II 1. 2, 4 and 5
Th. term of thIs contract Is SeDtemb'.r 3D. 2Qci4 through Sectem9.er 29. 20Q~; The
estImated doll.r v.luetor all aw.rded ven(iors Is $1.100.000,og..
Th' obligation. of Plilm Belch County under this co(ttract are sUbJect to the availability
of funds lawfully approprf.ated for Its purpose by the St.t$of Florida ahd the Board of
County Commissioners. '
palm BeaehCoLinty Departments wflf i~sus hard copy order. against this contract as
yourluthorlzatlon to deliver. Allini/olces must reference&&ch unlquedocumenttlUmber.
If you have any questions, pleas.s.contact Phil Rldoffo, Senior BU\lar at (S8t) 618.6823.
SI.neareIV:
OJJ-t (A
Katleen M.Scarfett
DirectOr of Purchasing
c:
Mlk.e Bowman, Road & BrIdge
Conrad AI/stock, Water u'ulrul!rs
Julie Ad&n, ERM .
Rel<t Raymond. Parks & R&,creatlon
Bonnie SteIn, FIre Resclflf.. .
11/22/2005 20:13
5617425213
FACILITIES
PAGE 04
", '
..1.
11 I 22 I 2EH:l5
2E:l:13
5517425213
FACILITIES
PAGE
~s
11/22/2005
20:13
5617426213
FACILITIES
PAGE 85
,....
',:. "'; ~ ....,
~''\lo .
'" ;..\
I'::"'::,'
~ . . ~.'~
,,':. -' :..~ ,"
_.,,- -::--
. ,.1,"':
, , :~
11/22/2ElEl5
20: 13
5517425213
FACILITIES
PAGE
87
.-
.......h...
.... ..... I .,..:.... ...... p
-\,; ....
. '.~.:'
...:......j..~ .::',.;: .~~':", ~~.:.,-~ :....~.:~.,.
11/22/2B85 20:13
5517425213
FACILITIES
PAGE
B8
(::,:~\~'!::r: :;\.::.\f":'
:' .:~..
.i,; .
;.....
. ~. .
'. . ., ,- '...:...;.,.:,': I..'. '...
...:.:~: :'::' ;~~:>;~~ ~:~:~~:;.:~".. "
,": :i'" :.-::..~.;[f...
~ -:-':: :
.' ~ ..' r.W't::r
:'.~ ..~7tt..";.: <.... ,.
" . ~ : ...... '.'.1:,'.,.,.'~.,,:
:'."....:.,:..
~\-',,~.
.:.~, ..;,~..~'~~ ~'~!!': :,:::::;,::~:.,:,.:>:.::~~~~~;::~~:~~~:~.~~j1.::1::~~~1~;~:(;:~.':.;:1~~:,~l~
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 17 -Feb-06
Requesting Department: Utilities Admin
Contact Person: Jim Hart
Explanation for Purchase:
Replacing nonrepairable meters that are no longer being manufactured. It will no longer be
necessary to test the meters monthly or quarterly only one time per year. There will also be better
accuracy for billing purposes. It will match the existing equipment already in the well fields.
IRecommended Vendor The Avanti Company
I Dollar Amount of Purchase $24,938.00
lurce for Purchase (check and attach backup materials):
Three Written Quotations D GSA D
State Contract D PRIDE/RESPECT D
SNAPS D Sole Source ~
Piggy-Back D Budgeted Item D
Emergency Purchase D Other D
Contract Number:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
The funds are available in acccount 403-5000-590-96-04 project #SWR109.
. Approvals:
Department Head
Purchasing Agent
^ ~st City Manager
....,ICY Manager
~ __~- 2
'./X- 7'l~
~~
/);J. ~b
J
Form Revised 02101/02
REQUEST FOR REQUISITION
H.T.E. ENTRY DATE: 2/14/2006
H.T.E. REQUISITION # 38147
Clerk: H.Sagel
~procurBment Ass't:
~~l' v
Director: ~ ')..-lvJ 01
City Manager (non budgeted
capital and/or $5000+):
~
RECEIVED
FEB 2 3 2006
PROCUREMENT SERVICES
REASON FOR PURCHASE: Purchase meters for "Little Club" (2) Jamica Bay, Gulf Stream, Royal Manor, Village of Gulf
and Brinv Breezes Lift Stations.
VENDOR INFORMATION: DIVISION: OTHER INFORMATION:
Name: The A vanti Company Admin. ( ) Date: 2/1 4/2006 ASAP ( )
Address: 22 South Lake A venue Construction ( ) Date Needed: 2/28/2006 ConfIrm. ( )
Avon Park, FL 33825-3902 Cust. ReI. ( ) ASAP/Conf. ( )
Distribution ( ) BACKUP DOCS. DELIVERY:
SUBMITIED:
Phone (contact): John Corey Water Qual. ( ) QuotesN erbal ( ) E. Admin. 40 (x )
(over $500)
800-284-5231 Pumping (x ) Quotes/Written (x ) E. WTP 41 ( )
(over $2000)
Vendor Number: 4098 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( )
Meter Servo ( ) Sole Source Ltr. (x) PIU 99 ( )
INITIA TOR: Jim Hart ~ ....!Ii:: Sewage ( ) Insurance ( ) Special Instructions:
. r\ X Requirements:
APPROVED: ~} ~ ~~/() Strmwtr. ( ) SNAPs/GSAJPiggy-back Project Number: SWRI09
#:
Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount
6 2910.00 Water specialties Model UM-06-R 4" 17460.00
ea Ultra-Mag Electromagnetic Flow Meter
1 3898.00 Water specialties Model UM-06-R 8" 3898.00
ea Ultra-Mag Electromagnetic Flow Meter
7 150.00 ea On-site meter tests after installation 1050.00
6 330.00 ea Adder for 5 year warranty on 4" meter 1980.00
1 550.00 ea Adder for 5 year warranty on 8" meter 550.00
TOTAL 403 5000 590 96 04 24,938.00
The City of Boynton Beach
/.'.~""',"
(/.. (
" \
\ \
Utilities Department
114 E. Woolbright Road
Boynton Beach, Florida 33435
Phone (561) 742-6400
FAX: (561742-6298
OFFICE OF THE DIRECTOR OF UTILITIES
ITEMS REQUESTED:
QUOTATIONS
(6)Water specialties model UM-06-R Ultra-mag
electromagnetic flow meter; (l)water specialties model
UM-06-R ultra-mag electromagnetic flow meter; (7)on
site meter tests after installation; (6)adder for 5 year
warranty on 4" meter; (1 ) added for 5 year warranty on
8" meter
VENDOR #1:
'TE:
CONTACT PERSON:
PHONE NUMBER:
QUOTE:
VENDOR#2:
DATE:
CONTACT PERSON:
PHONE NUMBER:
QUOTE:
VENDOR #3:
DATE:
CONTACT PERSON:
PHONE NUMBER:
OTE:
The A vanti Company
2/14/2006
John Corey
800-284-5231
$24,938.00
ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO
QUOTATION
Quote #
JC-01-03
.~ 32~ ~
METERS * VALVES * INSTRUMENTS
~ SOuth Lake Avenue 8O()"284-5231
(on ParK, Fl 33825-3902 FAX: 863-45~OO85
'oW.avanticomoany.c:om E-Mail: info@avanticompany.com
Date
2/Q12006
Tenns
~et 30 Days
Prices FOB
Factory
To: Les 5ar1<kinen
City of Boynton Beach
124 E. Woolbright Rd.
Boynton Beach, F'- 33435
Delivery
4 weeks
Phone #
61-742..6476
Fax #
61-742-6299
We are ~a$#Kf to quote the (oI()wIng:
Reference #
Ufl Stations
Item Quantity Description Unit Price
A 6 Water Specialties Model U~R 4" Ultra-Mag $2,910.00
Electromagnetic Flow Meter, stainless steel 'tube, 150psi,
one grounding ring, Steet AWWA class 0 Flanges,NS~
approved fusion bonded epoxy liner, 13.4"lay length,
2 year warranty with signal converter for useage with effluent
application with 25' submersible cable
\
B 1 Water Specialties Model UM-06-R 8" Ultra-Mag $3,898.00
Electromagnetic Flow Meter, Stainless steel Tube, 150psi,
one grounding ring, Steel AWWA class 0 Flanges, NSF
approved fusion bonded' epoxy Iin~r, 26.6" custom Jay length.
2 year wsrrai'rty with signal converter for useage with effluent
application with 25' submersible cable
C 7 On~e meter tests after installation $150.00
AA /fu adder for 5 year warranty on 4 ~ meter $330.00
B6 1 adder for 5 year warranty on 8" meter " $550.00
Notes:
1. Signsl converter has 4-20 mADe and pulse outputS
2. OAsite meter test~ requires a minimum of 24" straight
pipe exposed before r after meter for testing. Any excavation
required is at the e~nse of the chy and must be done
before testing creW alTives.
3. Meters curref'ltly located in manholes should be tested at
time of installatiqn since the manhole will be removed to
install the meter.
4. Instrument boxes currently holding the transmitters can be
used to hold the signal converter.
5. Vault design provision should be made for future onsite
testing.
, .
Total
$17,460.00
$3.898.00
$1,050.00
$a;a16.00
l'1fO.oD
$550.00
>~.~
Quoted by X'~",;'.":>(: John Corey
qUDIIIcI ~ .... cunent pllcM in e!fec:l:and ..... subjectlill ~ WfttIin :10 day8 frOm IIle _ d....., and ..... firm on an ~ ~ nom IhI8 CI~ ISChedufed to 0' ) wtllIln eo d8y8
alii alllId4lr enlry, All i\om$ quobod will lito pt'Odueed In 8IIIct accordence lQ any GooiwnR*lt Reg""*'" In IlIt8\>llncludlng F8Ir LaIlOr-8l8ndard* Act. OSHA. ",nd EqtlQI 'Srnpk TloMI Opportvnn:y
i\Ie ~ DeliVery llChedule6 ere contingool upon sI,ri'-. accidenI8, nl86, a\I8Ilabililyal materialll and all otheI CllIlSe$ be)'Olld our control.
.
7-20-05
To Whom It May Concern:
32SS W_ Stctsoo Ave .tie
Hc:mec, CA 92S4S. 719' USA
Tcl.9096S2-68II
Fax 909 652-3078
Please be advised that Avauti Inc. is the exclusive representative for Water Specialties pi Kiucts
in the Florida area.
McCromet<< acquired Wata- SpeciaItieI Compenyand ID8IlU15Ictures tM Water ~a1ti s Une.
M our exclusive represontative they are tespoosibte fbr all the Wat1:Jt Specialties new pn luet
sales aod service.
They are also the exclusive represmtative in the Indus1riaI and Water Waste Water mark, t only
for McCrometer Product. sales and service.
Should you have any further qu1ilItions, please feel !me to call me.
~~
GlamVOII
Vlee President of SaIeI
st1'~'::'
~ (>._~ z
0\ .., . (J
.~~ .)
1'ON 1?>
VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACl
AGENDA ITEM REQUEST FORM
" 1/, ,',I; II: /:,5
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv 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)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) [8] March 21,2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF [8] Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA TION: Authorize the use of $2,000 of Commissioner Ensler's Community Investment Funds to the
Tomodachi Judo School.
EXPLANATION: Commission approval is requested for allocation of$2,000 to the Tomodachi Judo School to be used for
scholarship for needy children to attend the International Judo Camp at Congress Middle School in July.
PROGRAM IMP ACT: Allocation of funds will assist the above program
FISCAL IMPACT: Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community
Investment Funds to allocate subject to Commission approval.
ALTERNATIVES: Decline to authorize the requested use.
Department Head's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM,DQC
EXHIBIT A
COMMUNITY INVESTMENT FUND
DISBURSEMENT REQUEST FORM
Part 1- Summary of Request
Date of Request: March 13,2006
Requested by Mayor/Commissioner: Commissioner Bob Ensler
Amount Requested: $2,000
RecipientlPayee: Tomodachi Judo
Description of project, program, or activity to be funded: Scholarships for needy children in
Boynton Beach to attend an International Judo Camp at Congress Middle School the end of
July.
Dated: # By:
Part II-Availability of funds (to be completed by the Finance Director)
The annual appropriation of funds available to the requesting Member of the Commission
listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a
balance of available funds of $8.000. This request would bring the available amount down to
$6,000.
Accordingly:
)( There are funds available as request
D There are insufficient funds available
Dated: 31/ t./ I /) (p
I I
By:
Part 111- Eligibility Evaluation (to be completed by City Manager)
, Public funds should not be used to improve private property unless there is a
clear public need, purpose and benefit;
'V The recipient/payee is a resident of the City or is a business entity which
/ provides services in the City;
M A public purpose beneficial to the entire community is served by such
donation;
~ Proper safeguards are being implemented by the City administration to assure
that the funds will be used for the stated purpose.
Dated:
OJ//~/o~
! (
By:
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM A.
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 December 20, 2005 December 5, 2005 (Noon)
0 January 3, 2006 December] 9,2005 (Noon)
0 January 17,2006 January 3,2006 (Noon)
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
o February 7,2006 January 17,2006 (Noon)
o February 21, 2006 February 6, 2006 (Noon)
o February 28, 2006
[gj March 21,2006
February 21, 2006 (Noon)
March 6, 2006 (Noon) ri
C;J
-~:~~ ~--i
-{~.<
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
[gj Public Hearing
o Bids
o Announcement
o City Manager's Report
0 Development Plans
0 ,. '. ---,>
New Business ~... -.
J
[gj -
Legal ' '., c::
0 (.,j 7::.- '7'1
Unfinished Business - ., -~.-~>
("")
0 Presentation -.,~
--'-
r'J .--~
~i~- . ',- '
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board, recommended that the subject
request be approved on February 23,2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 05-234.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
504 SW 7tb Street (ABAN 06-002)
Christine and Thomas RuffIni
City of Boynton Beach
Portion of SW 7tlt Street
Request abandonment of a portion of SW 7tlt Street abutting residential property located
at 504 SW 7tlt Street in Lake Boynton Estates. Abandonment consists of a shellrock stub-
street 50 feet in width by 120 feet in length, and a total of 6,000 square feet (0.138 acre)
III area.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme epartm'ent Directo
h"J -Z ~
' Planning an~ . g Director City Attorney / Finance / Human Resources
S:\P1anning\SHARED\ WP\PROJECTS\504 SW 7th Street ABAN\Agenda Item Request 504 SW 7th St ABAN 06-002 3-2I-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, AUTHORIZING ABANDONMENT
5 OF A PORTION OF SOUTHWEST 7TH STREET
6 RIGHT OF WAY, APPROXIMATELY 50 FEET IN
7 WIDTH AND 120 FEET IN LENGTH, LOCATED
8 SOUTH OF THE INTERSECTION OF SOUTHWEST
9 4TH AVENUE AND SOUTHWEST 7TH STREET AND
10 DEAD-ENDS 120 FEET SOUTH OF THE
11 INTERSECTION, AT THE SOUTHERN BOUNDARY
12 OF THE SUBDIVISION IN LAKE BOYNTON
13 ESTATES, SUBJECT TO STAFF COMMENTS;
14 AUTHORIZING THE CITY MANAGER TO EXECUTE
15 A DISCLAIMER, WHICH SHALL BE RECORDED
16 WITH THIS ORDINANCE IN THE PUBLIC RECORDS
17 OF PALM BEACH COUNTY, FLORIDA; AND
18 PROVIDING AN EFFECTIVE DATE.
19
20
21 WHEREAS, Christine and Thomas Ruffini are requesting the abandonment of a portion
22 of Southwest ih Street abutting residential property located at 504 S.W. ih Street in Lake
23 Boynton Estates. The shellrock stub-street is an unpaved 50-foot right-of-way which lies sout!
24 of the intersection of Southwest 4th Avenue and Southwest ih Street and dead-ends 120 feet
25 south of the intersection, at the southern boundary of the subdivision, subject to staff comments;
26 and
27
28 WHEREAS, comments have been solicited from the appropriate City Departments, and
29 public hearings have been held before the City's Community Redevelopment Agency, and the
30 City Commission on the proposed abandonment; and
31
32 WHEREAS, staff has determined that the roadway provides no public service; and
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
35 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
36
37 Section 1. The foregoing Whereas clauses are true and correct and incorporated
38 herein by this reference.
39
40 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereb
41 abandon a portion of Southwest 7th Street abutting residential property located at 504 S.W. ih
42 Street in Lake Boynton Estates. The shellrock stub-street is an unpaved 50-foot wide right-of-
43 way which lies south of the intersection of Southwest 4th Avenue and Southwest 7th Street and
44 dead-ends 120 feet south of the intersection, at the southern boundary ofthe subdivision, subject
45 to staff comments, and more particularly described in the attached Exhibit "A." A location ma~
S:ICAIOrdmances\AbandonmentsISW 7th Street 06-002,doc
1
2
3
4
5
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8
9
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11
12
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23
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is attached hereto as Exhibit "B."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 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\OrdinanceslAbandonments\SW 7th Street 06-002,doc
EXHIBIT "A'
That portion of Valencia Way, a 50 foot wide right-of-way,
lying between Lot 1, Block 21, and Lot 16, Block 22,
according to the plat thereof on file on the office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 14, Page 17, said portion
being bound as follows:
On the east by the west line of Lot 16; on the south by the
westerly prolongation of the south line of Lot 16; on the
west by the east line of Lot 1; and on the north by the
easterly prolongation of the north line of Lot 1.
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 Southwest ih Street abutting residential property loc'ated at 504 S.W. 7th Street in
Lake Boynton Estates. The shellrock stub-street is an unpaved 50-foot wide right-of-way
which lies south of the intersection of Southwest 4th Avenue and Southwest 7th Street and
dead-ends 120 feet south of the intersection, at the southern boundary of the subdivision,
subject to staff comments, 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 March, 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
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 sai4 State and County this _ day of
March, 2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:ICAIOrdinanceslAbandonmentslSW 7th Street 06-002,doc
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TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-234
Chair and Members
Planning and Development Board
Michael W. Rumpf tt' (,/~-:>---
Planning and Zoning Director
Kathleen Zeitler /(, Z
Planner
January 10, 2006
Abandonment Request - SW 7th Street
ABAN 06-002
NATURE OF REOUEST
The applicants, Thomas and Christine Ruffini, are requesting the City to abandon a portion of SW ih Street which
abuts their residential property located at 504 SW ih Street in Lake Boynton Estates. The subject property is an
unpaved 50-foot wide right-of-way which lies south of the intersection of SW 4th Avenue and SW ih Street, and
dead-ends 120 feet south of the intersection, at the southern boundary of the subdivision. The portion requested to
be abandoned consists of a shell rock stub-street 50 feet in width by 120 feet in length, and a total of 6,000 square
feet (0.138 acre) in area. Per the survey submitted with the application, the platted right-of-way segment is legally
described as follows:
That portion of Valencia Way, a 50 foot wide right-of-way, lying between Lot 1, Block 21 and Lot 16, Block
22, 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 14, Page 17, said portion being bounded as follows:
On the east by the west line of Lot 16; on the south by the westerly prolongation of the south line of Lot 16;
on the west by the east line of Lot 1; and on the north by the easterly prolongation of the north line of Lot 1.
(The street was originaJ/y platted as Valencia Way and later renamed Southwest :;th Street).
The Location Map (see Exhibit "A'') shows the general vicinity of the portion of the right-of-way to be abandoned.
The Proposed abandonment (see Exhibit "B") depicts the exact location of the subject property and its boundaries.
The following is a description of the land uses and zoning districts of all properties that surround the subject portion
of the public right-of-way requested to be abandoned:
North -
South -
East
West -
The intersection of SW 4th Avenue and SW 7th Street in Lake Boynton Estates zoned R-1A;
Two single-family residential lots at 188 and 190 Hemming Way (Lots 9 and 10 of Crystal
Key at Woolbright Place) zoned PUD;
Single-family house at 504 SW ih Street (Lot 16, Block 22 of Lake Boynton Estates, Plat 2)
zoned R-1A (applicant's property); and,
Single-family house at 700 SW 4th Avenue (Lot 1, Block 21 of Lake Boynton Estates, Plat 2)
zoned R-1A.
Page 2
Memorandum No. PZ 05-234
1\ 8AN 06-002
BACKGROUND
Per the application submitted for the abandonment request, the applicants' rationale for abandonment of the
subject property include the following: (1) the City does not maintain the road; (2) the road cannot be used as a
road or to build on due to utilities that exist underground, and (3) the owners would be able to construct an
addition to their existing home extending out to the property line that exists prior to the abandonment.
The subject portion of the 50 foot wide right-of-way lies within the boundaries of Lake Boynton Estates Plat 2 (see
Exhibit "A-l"). The approved plat was recorded in Plat Book 14, Page 17 on May 26, 1925. The plat 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 applicants
have submitted a copy of a title opinion (ownership and encumbrance report) for the subject property.
ANALYSIS
When a right-of-way such as this unimproved road is abandoned, the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (g 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)
"lQutting property owner and the other half is conveyed to the other abutting property owner. The applicants
1uesting this abandonment are the owners of the abutting property to the east (504 SW ih Street). Public
records indicate that Andrew and Lenoria Clark own the abutting property to the west (700 SW 4th Avenue). If the
abandonment request is approved, the applicants would receive the eastern one-half of the right-of-way (25 feet in
width by 120 feet in length, a total of 3,000 square feet), and the Clarks would receive the western one-half of the
right-of-way (25 feet in width by 120 feet in length, a total of 3,000 square feet).
Currently, the applicants' property is a corner lot with double frontage, and access to the applicants' residence is
from SW 7th Street, the subject property requested to be abandoned. The applicants propose to construct an
addition on the west side of their residence, which currently is considered the front of the house. The proposed
addition is not indicated on any submitted plans, but per the application, is to extend to the existing west property
line of Lot 16. Should this request be approved, the following changes would take place as a result: (1) the
existing corner lot will become an interior lot with vehicular access from SW 4th Avenue; and (2) the north side of
the residence adjacent to SW 4th Avenue will be considered the front of the residence for setback purposes
(structure is in compliance with required 25 foot setback). Most likely, a portion of the shell rock road will become a
private driveway, with access from SW 4th Avenue, and residential parking on the west side of the residence.
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.
A summary of the responses from the city staff is noted as follows:
CITY DEPARTMENT / DIVISION
Public Works / Engineering
City water line located in right-of-way
No objection to requested abandonment
Support Abandonment with Dedicated Easement
(see Exhibit "c" - Conditions of Approval)
Page 3
Memorandum No. PZ 05-234
ABAN 06-002
Development j Planning and Zoning
No objection to requested abandonment
Support Abandonment with Dedicated Easement
(see Exhibit "C" - Conditions of Approval)
Recreation & Parks j 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 Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection to requested abandonment with 5 foot utility
easement (along Sand W boundaries of right-of-way)
No objection to requested abandonment with 5 foot utility
easement (along Sand W boundaries of right-of-way)
No objection to requested abandonment
No objection to requested abandonment
NjA
Florida Power and Light
Bellsouth
Letters from Florida Power and Light and Bellsouth indicate their utilities are located along the western and
southern boundaries of the portion of right-of-way to be abandoned, and a utility easement of five (5) feet in width
is required. The required utility easements were recently executed by the applicants and recorded into public
record.
RECOMMENDATION
Staff has determined that the subject portion of this stub street no longer serves the public for access purposes
and, with establishment of the utility easements, the limited use of the subject property for utility purposes would
be preserved. Therefore, staff has no objection to the request for abandonment and recommends approval of the
request based on the above. Any additional conditions recommended by the Planning and Development Board or
by the Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHAREO\WP\PROJECTS\504 SW 7'h Street\Staff Report (ABAN 06-002).doc
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EXHIBIT "C"
Conditions of Approval
Project name: Abandonment of a Portion of SW ih Street
File number: ABAN 06-002
I DEPARTMENTS I mCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Dedication of a Utility Easement for City utilities within the right-of-way to X
be abandoned is required.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
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.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
3. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
4. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined.
S:lPlanningISHAREDlWPlPROJECTSI504 sw 7'" SIreeI ABANICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 504 SW th Street (ABAN 06-002)
APPLlCANTS/ AGENTS: Thomas and Christine Ruffini
APPLICANT'S ADDRESS: 504 SW th Street, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21, 2006
TYPE OF RELIEF SOUGHT: Request abandonment of SW th Street, a 50 foot right-of-way, the portion
located between Lot 1, Block 21 and Lot 16, Block 22 of Lake Boynton
Estates, Plat 2.
LOCATION OF PROPERTY: Located south of the intersection of SW 4th Avenue and SW th Street, and
west of 504 SW th Street, near the south boundary of Lake Boynton Estates.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for deyelopment 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
City Clerk
DATED:
S:\Planning\SHARED\WP\PROJECTS\504 SW 7'h Street ABAN\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23, 2006
. Rapido Rabbit Car Wash - approved with a number of conditions including one which
specifies a certificate of occupancy will not be issued until facility sound tests were
conducted and found to be within limits;
. Southern Dance Studio, Annexation and Land Use Rezoning - approyed on First
Reading and scheduled for Second Reading on March 21, 2006. The site plan will be
heard at that point in time;
. Renaissance Commons, Phase VI Conditional Use - approved.
VI. Old Business:
None
VII. New Business
A. 504 SW 7th Street
Abandonment
1. Project
Agent:
Owner:
Location:
Description:
504 SW 7th Street (ABAN 06-002)
Christine and Thomas Ruffini
City of Boynton Beach
Portion of SW 7th Street
Request abandonment of a portion of SW 7th Street abutting
residential property located at 504 SW 7th Street in Lake Boynton
Estates. Abandonment consists of a shell rock stub-street 50 feet
in width by 120 feet in length, and a total of 6,000 square feet
(0.138 acre) in area.
Attorney Horowitz administered the oath to all persons who would be testifying.
Thomas and Christine Ruffini, residing at 504 SW 7th Street were present.
Chair Wische explained the request for abandonment for a portion of SW 7th Street abutting
residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment
consists of a shellrock stub-street 50 feet in width by 120 feet in length, and a total of 6,000
square feet (0.138 acre) in area. Chair Wische pointed out there were three staff comments
and asked if the applicant agreed with the comments or needed any clarification of them.
The Ruffini's responded they were in agreement with the conditions.
Chair Wishce indicated Staff recommends approval of the request. Ms. Zeitler, Planner
concurred and advised various City departments have reviewed the request and haye no
objection to supporting the abandonment with the dedicated easement which will be required
prior to the second reading.
Chair Wische opened the floor for public hearing and asked for public comments. Since there
were no comments, he closed the public hearing.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23, 2006
There was discussion whether this request was a unique situation with just this particular home
or if it was applicable to other adjacent property owners. Ms. Zeitler explained when a street is
abandoned, the property is split 50-50 with the adjacent property owners receiving half. Other
adjacent property owners have not requested the abandonment, only the Ruffini's. This request
was unique to the Ruffini's. The road was platted to be a through street, but it was not
developed that way. The street was deyeloped at the end of Boynton Lakes subdivision.
Crystal Key was developed to the south and had their own road so SW 7th Street was not being
used at all.
There was further discussion about indiyiduals living two streets over to the east, being able to
make the same request, and whether the City should advise those individuals of the opportunity
for abandonment. Staff responded only the applicant has made the request, and the City could
advise eligible residents of the opportunity to abandon their streets, but they may haye already
been abandoned in preYious years. The issue was since the street runs all the way through the
development, whether the whole road should be abandoned at one time. Mr. Breese responded
only this applicant requested abandonment on their street. If other parties were interested in
abandoning theirs, they would have the same justification as is being presented here. He could
not confirm whether the other areas have been abandoned and noted they could show on the
location map but still haye been abandoned previously.
The Board discussed Valencia Way traversing through the entire subdiyision of Lake Boynton
Estates and if it was an undeveloped road. Staff reiterated the way it was originally platted and
showed it was developed much differently. The development stopped at the boundary of Lake
Boynton Estates and the development to the south, Crystal Key, has its own interior roads The
portion of the street just south of the intersection at 4th Street and the end of the subdivision is a
dead end street which was not used and the applicant wanted it abandoned.
It was noted by the Planning and Development Board members each abandoned property has a
fee simple cost involved. This fee would be divided by two, one for the property owner on the
east and one for the west.
Motion
A motion was made by Mr. Hay to approve the request for abandonment of a portion of SW 7th
Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates.
Abandonment consists of a shell rock stub-street 50 feet in width and 120 feet in length for a
total of 6,000 square feet, 0.138 acres in areas subject to the three staff comments. Mr. Cwynar
seconded the motion that passed unanimously.
B. Healing Heart Veterinary Office
Maior Site Plan Modification
2. Project:
Agent:
Owner:
Location:
Description:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski Gutierrez Romanik
Nancy Keller, White Elk Enterprises, LLC
226 SE 23rd Avenue
Request approval of a major site plan modification to
construct a 400 square foot addition to an existing 1,200
4
VIII.-PUBlIC HEARING
CITY OF BOYNTON BEACH ITEM B.
AGENDA ITEM REQUEST FOk....oL
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14, 2005 (Noon.)
D December 20, 2005 December 5, 2005 (Noon)
D January 3, 2006 December 19,2005 (Noon)
D January 17,2006 January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o
o
rgj
o
o
o
Announcement
City Manager's Report
Administrative
Consent Agenda
Public Hearing
Bids
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
o February 7, 2006 January 17,2006 (Noon)
D February 21, 2006 February 6, 2006 (Noon)
o February 28, 2006 February 21, 2006 (Noon)
rgj March 21,2006 March 6,2006 (Noon)
o
o
o
o
o
n':::;
.-: -(
-.."c.
T~
-
Development Plans
New Business
...,.,
f'i
C?
Legal
UnfInished Business
Presentation
N
~I
-~qC::;
:~~~
jqo
C."1
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda under
Public Hearing. The Planning and Development Board, recommended that the subject request be approved on February 23,
2006. For further details pertaining to the request, see attached Department Memorandum No. PZ 06-016.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski, Gutierrez Romanik
Nancy Keller, White Elk Enterprises LLC
226 SE 23rd Avenue
Request approval of a major site plan modification to construct a 400 square foot addition
to an existing 1,200 square foot building for a proposed veterinary clinic on a 0.106 acre
parcel in a C-l zoning district.
PROGRAM IMPACT: N/A
FfflCALUMPACT'~" N/A
ALTERNATIVES: ' N/A
....
Develop~t Department Director
Planning and Zo irector City Attorney / Finance / Hwnan Resources
S:\Planning\SHARED\WP\PROJE TS\Healing Heart White Elk LLC\MSPM 06-001 \Agenda Item Request Healing Heart Vet OffMSPM 06-001 3-2]-
06,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-016
STAFF REPORT
TO:
Chair and Members
Planning and Development Board and City Commission
Michael RumPff1~~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler ~
Planner
DATE:
February 15, 2006
PROJECT NAME/NO:
Healing Heart Veterinary Clinic / White Elk LLC (MSPM 06-001)
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: White Elk Enterprises, LLC
Applicant: White Elk Enterprises, LLC, Nancy Keller, Managing Member
Agent: Ms. Merrill Romanik / Synalovski Gutierrez Romanik Architects, Inc.
Location: 226 SE 23rd Avenue (see Location Map - Exhibit "A'')
Existing Land Use: Office Commercial (OC)
Proposed Land Use: No change proposed
Existing Zoning: Office and Professional Commercial District (C-l)
Proposed Zoning: No change proposed
Proposed Use: Veterinary Clinic
Acreage: 8,541.22 square feet (0.196 acre)
Adjacent Uses:
North:
SE 23rd Avenue right-of-way, and farther north, medical offices zoned C-l;
South:
Single-family residence zoned R-lAA;
East:
Medical office zoned C-l; and,
West:
Medical office zoned C-1.
Staff Report - Healing Heart / White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 2
BACKGROUND
Site Features:
The subject property is located on the south side of SE 23rd Avenue between South
Seacrest Boulevard and the Florida East Coast Railroad. SE 23rd Avenue serves as
an urban collector roadway between Congress Avenue to the west and South
Federal Highway to the east, and is the only means of access to this property. The
subject property is a parcel containing 8,541 square feet, with 60 feet of road
frontage and 142 feet of lot depth. In 1952 the subject property was platted as Lot
8, of High Point, a single-family residential subdivision. Due to their proximity to
Bethesda Hospital, the lots which front SE 23rd Avenue in this area were rezoned to
the C-1 zoning district years ago. The majority of these lots which front on SE 23rd
Avenue have since converted from Single-family residential to medical and
professional office uses. When rezoned to C-1, the subject property continued to
be used as single-family residential, which is a nonconforming use the C-1 district.
Proposal:
The applicant is proposing a major site plan modification to convert the existing
residential use of the subject property to a commercial site for a veterinary clinic.
The proposed use of veterinary office and clinic is a permitted use in the C-1 zoning
district. However, the C-1 zoning district specifically excludes the following
accessory uses to a veterinary clinic: (1) outdoor kennels or the keeping of animals
for purposes other than treatment; and, (2) on-site disposal of animals. The
applicant has noted on the site plan that the proposed veterinary clinic will not
conduct any of the above excluded accessory uses.
The property owner is a holistic veterinarian who specializes in homeopathy,
acupuncture, and chiropractic care of animals. Currently, the veterinarian has a
local practice (Healing Heart) on NE 3rd Street and is seeking to relocate the
business to the subject property. Conversion of the subject property for the
proposed veterinary clinic will result in the use of the property changing from a
nonconforming use (residential) to a conforming use (commercial) in the C-1
zoning district.
Concurrency:
ANALYSIS
Traffic:
A traffic statement was prepared by the applicant and sent to the Palm Beach
County Traffic Division for concurrency review in order to ensure an adequate level
of service. Based on their review, the Traffic Division determined that the
proposed project meets the Traffic Performance Standards (TPS) of Palm Beach
County, however, no building permits are to be issued by the City after the build-
out date of 2007. The County traffic concurrency approval is subject to the Project
Aggregation Rules as set forth in the TPS Ordinance.
Utilities:
Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
and obtaining water/sewer plan approval from the Utilities Department prior to
permitting (see Exhibit "c" - Conditions of Approval).
Staff Report - Healing Heart / White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 3
Drainage:
Fire I Police:
Driveways:
Parking:
landscaping:
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 full review of specific drainage solutions be deferred until
time of permit review (see Exhibit "C" - Conditions of Approval).
Staff from the Fire and Police departments have reviewed the site plan and
determined that emergency services are available to the proposed project with an
appropriate response time. Emergency service proViders expect to be able to
utilize their current or anticipated resources to maintain an adequate level of
service for the proposed project.
Site access is proposed via one (1) full access driveway connection to SE 23rd
Avenue. On site vehicular and pedestrian circulation, including drive aisle width,
have been reviewed and approved by the Engineering DiYision staff. The existing
sidewalk along SE 23rd Avenue will remain.
The proposed veterinary clinic use requires one (1) parking space per 300 square
feet of gross floor area. The 1600 square foot vet clinic will require a total of six
(6) parking spaces, including one space designated for handicapped use. The site
plan indicates a total of eight (8) parking spaces, which complies with the minimum
parking requirements.
Typical parking stalls, excluding handicap spaces, are dimensioned 9 feet 6 inches
in width and 18 feet 6 inches in length. All proposed parking stalls, including the
size and location of the spaces designated for handicap use, were reviewed and
approved by both the Engineering Division and Building Division. All necessary
traffic control signage and pavement markings will be provided on site to clearly
delineate areas on site and direction of circulation.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. The proposed
project will have a pervious area of 2,674 square feet (31% of the site).
Landscaping will include buffers along the south, east, and west property lines, and
plantings along SE 23rd Avenue, around the front and sides of the building
foundation, and within the landscape island in the parking lot. The existing six (6)
foot high wood fence along the south, east, and west property lines will be included
in the buffers. In addition, a trash enclosure for roll-out curb service will be located
to the rear of the building and screened on all sides with matching wooden fencing.
The landscape plan indicates fifty percent (50%) of site landscape materials will be
native species as required. Native species will include Southern Magnolia, Sabal
Palmetto, Lysiloma Sabicu, Cocoplum, and Dwarf Florida Gamma Grass. The City
signature trees (Tibouchina Granulosa) will be located on each side of the access
drive as required. All above ground mechanical equipment will be visually screened
with a Cocoplum hedge, and all planted areas on site will be irrigated in accordance
with the landscape code requirements.
Staff Report - Healing Heart / White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 4
Building and Site
Design:
The existing one-story residence on site is a concrete block / stucco structure built
in 1957 and consists of 1,694 square feet, including a carport and rear porch. The
applicant is proposing to remove the carport and rear porch, and add 400 square
feet to the rear of the building, resulting in a total building of 1,600 square feet.
Currently, the building is set back 7 feet 6 inches from the east property line, which
is adjacent to a medical office. The side setback of 7 feet 6 inches was conforming
when the subject property was zoned residential, however, the C-1 zoning district
requires a minimum side setback of ten (10) feet from adjacent nonresidential
properties. The building addition is proposed with a continuation of the same
nonconforming side setback, pursuant to Chapter 2, Section 11.1.E. of the Land
Development Regulations, which states "a nonconforming structure or building may
be added or altered if such alteration or addition does not in itself constitute a
further violation of existing regulations". Therefore a variance is not required,
provided that the addition continues with the existing nonconforming setback of 7
feet 6 inches as indicated on the site plan. The site will have a lot coverage of
19% which complies with the maximum lot coverage of 40% in the C-1 zoning
district.
The proposed conversion of a residence to commercial office space is consistent
with the majority of surrounding properties which have previously converted. The
exterior building design is compatible with the surrounding natural and built
environment in compliance with the Community Design Plan guidelines. The
handicapped parking space will be located in front of the building, with all other
parking in the rear. A ramp for handicapped accessibility is located at the building
entrance. The building will maintain most of its residential look by keeping the
existing grid windows, decorative panel front door, and pitched, concrete tile roof.
Building colors are neutral and include Benjamin Moore colors named Pale Sea Mist
(walls), White Doye (window trim and doors), and Harbor Gray (tile roof). The
neutral color palette proposed will be harmonious with surrounding developments.
Building Height: The proposed one-story building is 14 feet in height, which complies with the
maximum building height of 30 feet allowed in the C-1 zoning district.
Site lighting: A photometric plan has been reviewed by staff and found to require revisions in
some locations on site. Staff has recommended as a condition of approval that a
revised photometric plan be submitted at time of permitting (see Exhibit "c" _
Conditions of Approval). Freestanding light poles include one light located in front
of the handicapped space in front of the building, and two lights in the rear parking
lot. The freestanding lights will have concrete poles a maximum of 15 feet in
height, and be shielded to direct the light downward to avoid glare onto adjacent
properties and passing motorists. Wall mounted sconces will be located on the
west side of the building. Wall mounted light fixtures in antique bronze will be
located at the front and rear door.
Signage: Signs, in general, shall be designed and treated as part of the architecture of the
building and are formally evaluated during the site plan review process. All project
signage is indicated on the elevation drawings and has been reviewed and
Staff Report - Healing Heart / White Elk LLC (MSPM 06-001)
Memorandum No PZ 06-016
Page 5
approved by staff in accordance with the Land Development Regulations. The
proposed wall signage is limited to the front building elevation and consists of
bronze channel letters and business logo. Based on the building frontage of 30
feet, the cumulative maximum wall sign area allowed on the building is 45 square
feet. The proposed wall signage indicated on the elevation is only 29 square feet.
The sign colors will be complementary to the building colors in accordance with the
community design plan guidelines. No monument sign is proposed on the site.
The applicant has been informed that all project signage must be approved
concurrent with the site plan submittal, and an additional full site plan review
would be required solely for sign age review and approval if additional signage is
proposed for this site in the future.
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for a major site plan modification.
Staff recommends approval of the site plan, 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\Healing Heart\MSPM 06-001 \Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Healing Heart Veterinary Clinic / White Elk LLC
File number: MSPM 06-001
Reference: 2nd review plans identified as a Major Site Plan Modification with a January 24, 2006 Planning &
Zoning date stamp marking
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
2. Use Palm Beach County Standards for the sight triangles at the driveway X
onto SE 23rd Ave.
3. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
4. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
5. 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.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
CONDITIONS OF APPROVAL
m ,! .lNG HEART VET CLINIC
Pt\( ,E 2
~~.
DEPARTMENTS INCLUDE REJECT
7. 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) and
will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
8. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
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. Submit calculations that clearly reflect the percentage of protected
and unprotected wall openings permitted per 2004 FBC, Table 704.8.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 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.
11. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 3
DEPARTMENTS INCLUDE REJECT
12. 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.
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)
13. 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.
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.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
15. Master Plant List, Sheet L2: All shade and palm trees 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 clear trunk (c.t.) specifications. [Environmental
Regulations, Chapter 7.5, Article n Sec. 5.C. 2.]
16. 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
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 4
I ,
DEP ARTMENTS INCLUDE REJECT
minimum size specifications for trees. [Environmental Regulations, Chapter
7.5, Article II Sec. 5.C.3.N.]
17. The tree planting details sheet L2 should include a line indicating where the X
diameter and height, of all of the shade trees will be measured at time of
planting and inspection.
18. The details sheet L2 should include a line indicating where the clear trunk X
and height of all of the shade and palm trees will be measured at time of
planting and inspection.
19. The details sheet L2 should include a line indicating where the height and X
spread ofthe shrubs will be measured at time of planting and inspection.
20. Irrigation Plan: Turf and landscape (bedding plants) areas should be X
designed on separate zones and time duration for water conservation.
21. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
22. Landscaping at project entrances shall contain a minimum of two (2) colorful X
shrub species on both sides of the entrance and a signature tree. Note that
signature trees do not contribute toward the total number of required
perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II,
Section 5.G.) Provide a signature tree, such as Yellow Elder, Tibouchina
granulosa, or Bougainvilla at each side of the project entrance. These
signature trees shall have a minimum of six (6) feet of clear trunk to
preserve the clear sight area (Chapter 7.5, Article II, Section 5.N).
23. All lights shall be shielded and direct light down to avoid glare on streets X
and adjacent properties (Ch.2., Sec.4.N.7).
24. The illumination levels appear high at certain locations on site. At time of X
permitting, submit a photometric plan which reduces hot spots depicted on
plan.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
CONDITIONS OF APPROVAL
HEAU ; ART VET CLINIC
PAGl
.. _, w__. . _._"._
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
MWRIkz
S:\Planning\SHARED\ WP\PROJECfS\Healing Heart White Elk LLC\MSPM 06-001 \COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Healing Heart Veterinary Clinic / White Elk LLC
APPLICANT'S AGENT: Ms. Merrill Romanik, Synaloyski Gutierrez Romanik Architects, Inc.
AGENT'S ADDRESS: 3950 N 46th Avenue, Hollywood, FL 33021
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006
TYPE OF RELIEF SOUGHT: Major Site Plan Modification (MSPM 06-001) to convert a single-family
residence to a veterinary clinic on 0.196 acre in the Office and Professional Commercial (C-1) zoning
district.
LOCATION OF PROPERTY: 226 SE 23rd Avenue, Boynton Beach, FL 33435 (south side of SE 23rd
Avenue between S Seacrest Blvd and the FEC Railroad).
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
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Healing Heart\MSPM 06-001\DO.doc
"
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23,2006
There was discussion whether this request was a unique situation with just this particular home
or if it was applicable to other adjacent property owners. Ms. Zeitler explained when a street is
abandoned, the property is split 50-50 with the adjacent property owners receiving half. Other
adjacent property owners have not requested the abandonment, only the Ruffini's. This request
was unique to the Ruffini's. The road was platted to be a through street, but it was not
deyeloped that way. The street was developed at the end of Boynton lakes subdiyision.
Crystal Key was developed to the south and had their own road so SW 7th Street was not being
used at all.
There was further discussion about individuals living two streets over to the east, being able to
make the same request, and whether the City should advise those individuals of the opportunity
for abandonment. Staff responded only the applicant has made the request, and the City could
advise eligible residents of the opportunity to abandon their streets, but they may have already
been abandoned in previous years. The issue was since the street runs all the way through the
development, whether the whole road should be abandoned at one time. Mr. Breese responded
only this applicant requested abandonment on their street. If other parties were interested in
abandoning theirs, they would have the same justification as is being presented here. He could
not confirm whether the other areas have been abandoned and noted they could show on the
location map but still have been abandoned previously.
The Board discussed Valencia Way traversing through the entire subdivision of lake Boynton
Estates and if it was an undeveloped road. Staff reiterated the way it was originally platted and
showed it was deyeloped much differently. The development stopped at the boundary of lake
Boynton Estates and the deyelopment to the south, Crystal Key, has its own interior roads The
portion of the street just south of the intersection at 4th Street and the end of the subdivision is a
dead end street which was not used and the applicant wanted it abandoned.
It was noted by the Planning and Development Board members each abandoned property has a
fee simple cost involyed. This fee would be divided by two, one for the property owner on the
east and one for the west.
Motion
A motion was made by Mr. Hay to approve the request for abandonment of a portion of SW 7th
Street abutting residential property located at 504 SW 7th Street in lake Boynton Estates.
Abandonment consists of a shell rock stub-street 50 feet in width and 120 feet in length for a
total of 6,000 square feet, 0.138 acres in areas subject to the three staff comments. Mr. Cwynar
seconded the motion that passed unanimously.
B. Healing Heart Veterinary Office
Maior Site Plan Modification
2. Project:
Agent:
Owner:
location:
Description:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski Gutierrez Romanik
Nancy Keller, White Elk Enterprises, llC
226 SE 23rd Avenue
Request approval of a major site plan modification to
construct a 400 square foot addition to an existing 1 ,200
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
February 23, 2006
square foot building for a proposed veterinary clinic on a
1.106 acre parcel in a C-1 zoning district.
Merrill Romanik, of Synalovski Gutierrez Romanik Architects, Inc. was present on behalf of the
Owner, Nancy Keller.
Chair Wische reviewed the request for approval of a major site plan modification to construct a
400 square foot addition to an existing 1,200 square foot building for a proposed yeterinary
clinic on a 0.106 acre parcel in a C-1 zoning district. Mr. Wische advised there were a total of
24 staff comments. He inquired if the applicant wanted to discuss, have clarified or was in
agreement with the comments. Ms. Romanik agreed with all comments.
Ms. Zeitler, Planner indicated the property is zoned C-1, Office, Professional and Commercial
and currently has a single family dwelling on the property which is considered to be a non-
conforming use in the C-1 zoning district. The conversion of this property to commercial use,
was consistent with all of the C-1 Jots fronting on 23rd Ayenue and would change this to a
conforming use. She announced staff has checked the requirements, the applicant meets the
criteria, and staff supports the request subject to the 24 conditions of approval.
Chair Wische opened the public hearing. There were no comments receiyed and Chair Wische
closed the public hearing.
Motion
Mr. Saberson moyed to approve staffs recommendation, which includes all the conditions. Mr.
Hay seconded the motion that unanimously carried.
Adiournment
There being no further business, meeting properly adjourned at 6:56 p.m.
Respectfully submitted,
rxwtOUKi Ck~OiI(
Catherine Cherry-Gu erman '
Recording Secretary
(022806)
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CITY OF BOYNTON BEA
AGENDA ITEM REQUEST FORM
VIII.-PUBLIC HEARING
ITEM C.
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon.)
0 December 20, 2005 December 5, 2005 (Noon)
0 January 3, 2006 December 19,2005 (Noon)
0 January 17, 2006 January 3, 2006 (Noon)
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
o February 7, 2006 January 17, 2006 (Noon)
o February 21, 2006 February 6, 2006 (Noon)
o February 28, 2006 February 21,2006 (Noon)
f8J March 21, 2006 March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o
f8J
o
o
o
Consent Agenda
Public Hearing
Bids
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
Announcement
City Manager's Report
RECOMMENDATION: Please place this request on the March 21, 2006 City Commission Agenda under Public
Hearing. The Community Redevelopment Agency Board recommended that the subject request be approved on March 14,
2006, subject to staff comments and additional conditions regarding placement of utility lines underground and demolition of
existing structures. For further details pertaining to the request, see attached Department Memorandum No. 06-037.
EXPLANATION:
PROJECf:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Seaview Park Club (SPTE 06-002)
Andy MacGregor, Lennar Homes
Lennar Homes
1620 North Federal Highway
Request for a one-year Site Plan time Extension for site plan approval granted on
February 15,2005, from February 15,2006 to February 15,2007.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:- '
Planning and Zoni g irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE\Agenda Item Request - Seaview Park Club SPTE 06-002 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-037
FROM:
Chair and Members
Community Redevelopment Agency Board
Michael Rum~lj~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
February 10, 2006
PROJECT:
Seaview Park Club / SPTE 06-002
REQUEST:
Site Plan Extension
PROJECT DESCRIPTION
Property Owner:
Multiple owners (see file)/Lennar Homes - contract purchaser
Applicant:
Andy MacGregor of Lennar Homes
Location:
1620 North Federal Highway (see Exhibit "A" - Location Map)
Existing Land Use/Zoning:
Special High Density Residential (SHDR - 20 dufac)/ Infill Planned
Unit Development (IPUD)
Proposed Land Use/Zoning:
No change
Proposed Use:
Site Plan Time Extension for a 64 unit, three (3) story townhouse
project.
Acreage:
3.756 acres (163,611.36 square feet)
Adjacent Uses:
North:
To the northwest, developed multi-family rental complex (Manatee Bay) designated
Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast
designated High Density Residential (10.8 dufac) and zoned Multi-family
Residential (R-3);
South:
To the south along Federal Highway, developed commercial strip center
(Yachtsman's Plaza) designated Local Retail Commercial (LRC) and zoned
Community Commercial (C-3); farther east, developed single-family residential
(Yachtsman's Cove) designated Low Density Residential (4.84 du/ac) and zoned
Single Family Residential (R-l-AA);
East:
Right-of-way for Intracoastal Waterway; and
West:
Rights-of-way for U.S. 1 and the Florida East Coast Railroad.
Page 2
Memorandum No. PZ 06-037
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject site plan time extension 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
Mr. Andy MacGregor, representative for Lennar Homes, Incorporated, is requesting a site plan time
extension for the construction of 64, three (3) story townhouse dwelling units. This site plan was originally
approved by the City Commission on February 15, 2005 along with the corresponding request for land use
change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned
Unit Development (IPUD) zoning district. Under the Special High Density Residential (SHDR) land use
category, the maximum allowable density would have allowed a total of up to 75 dwelling units at a density
of 20 dwelling units per acre. The site plan allowed for an additional five (5) dwelling units over the
number of mobile homes that previously occupied the site. During site plan review, the applicant continued
to meet with the Homeowner Association (HOA) abutting the site to arrive at a mutually agreeable
landscape buffer and planting scheme as well as revisions to the building facades and height. Condition of
Approval #62 provided an opportunity for the applicant to revise the elevations and provide the HOA five
(5) days advance notice of formal submittal to the City, in order to allow HOA review of said elevation
modifications. The revisions, submitted as a Minor Modification, reduced the number of dwelling units from
69 to 64 and modified the design from the condominium appearance to a townhouse concept, within the
same building footprints. The modification was endorsed by the HOA, eliciting the following comments;
"We are particularly pleased with the change from a condominium ownership to townhouse design. In
addition to being attractive, the layout of each unit places only bedrooms on the third floor. I believe
having bedrooms on the top floor rather than kitchens and living rooms will make it much less intrusive on
the neighbors below". Staff approved the Minor Site Plan Modification on April 25, 2005.
ANALYSIS
Lennar Homes, Inc. is requesting a one (1) year time extension to their original approval date of February
15, 2005. If granted the site plan approval would be extended to February 15, 2007. All project
conditions of approval pertaining to the original Site Plan and Minor Modification would still apply.
According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1)
year to secure a building permit from the Development Department". It states further that the City
Commission may extend the approval for one (1) year provided that the applicant has filed a request for
a time extension prior to the expiration of the original approval. In this case, the applicant has met the
requirement. The Planning & Zoning Division received the application for a site plan time extension on
February 3, 2006, prior to the expiration date.
In support of their request, Lennar Homes submitted a list of justifications. They note that they have
complied with the condition of approval requiring the building elevations be modified, as evidenced by the
Minor Modification approyal, the Capacity Reservation fees for utilities have been paid in full, an
Environmental Resource Permit was issued by the South Florida Water Management District on January
11, 2006 and a FDOT Driveway Permit was renewed on August 17, 2005. Additionally, the bid process for
a demolition contractor has been completed and the contractor chosen, and a Preliminary Plat has been
submitted to the City Engineer and comments received. The re-submittal based upon those comments is
being prepared. Also, Paving, Grading and Drainage plans have been submitted to the City Engineer and
comments received. The re-submittal based on those comments is currently underway. Water and Sewer
Page 3
Memorandum No. PZ 06-037
drawings have been submitted to the City Engineer and responses to the comments are being re-
submitted. Lastly, Lennar has contracted with FP&L for $10,191 to remove the overhead power lines and
poles located on the property.
The applicant also notes that the park owner issued the required eviction notices to the mobile home park
residents and several residents filed for relief with the courts. Throughout this period, Lennar states that
they continued to seek the necessary governmental permits to construct the project. The court complaint
was voluntarily dismissed on November 14, 2005, as a result of a settlement agreement between the
owners and park residents.
Lastly, the Homeowner's Association abutting the project has requested that the developer place the
overhead utilities along Federal Highway underground. Although not part of the original approval, the
developer (Lennar) understands that the project immediately south of Seaview (Yachtsman's Cove) will
be placing the oyerhead utilities underground with their redevelopment project. As such, Lennar agrees
to have the lines place underground in a coordinated effort with this adjacent project.
RECOMMENDATION
Staff recommends approval of this request for a one (l)-year time extension of the Site Plan as modified
through the Minor Modification approval. This recommendation is based on the "good faith" effort shown
to build the project, the degree of difficulty associated with all of the permitting agencies associated with
a project of this nature and the fact that no changes have been made to the Land Development
Regulations that would impact this project since it was approved in 2005. All conditions of approval
included in the initial Development Order and Minor Site Plan Modification must still be satisfactorily
addressed during the building permit process. Any conditions of approyal recommended by the Board or
required by the City Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\Shared\Wp\ProJectsISeaView Park ClublSPTE 06-0021Staff Report.doc
Exhruit 'A' - Location I\hdp
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100 200
400
600
800
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{lltll/1l1 \(IIl/( lil//';Ill\
EXHIBIT B
February 3, 2006
, ,:1
FEB
I 2006
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
Development Department
Planning and Zoning DiYision
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
-~--~--____ _J
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Dear Mike,
As you are aware, site plan approyal for the above project was granted by the City Commission on
February 15, 2005. Lennar Homes, Inc. has been diligently working to secure all necessary governmental
approvals to allow construction of this community to begin as soon as possible. Despite our best efforts,
however, it appears that we will not have secured a building permit from the City of Boynton Beach prior
to the expiration of our site plan approval.
We are therefore requesting an extension to our current site plan approval for a period of one year to
allow us to complete our current engineering review process with the City of Boynton Beach and to
secure building permits for this project.
In support of this request for extension of site plan approval, we would ask that you consider the
following accomplishments which we feel demonstrates our firm commitment to the successful
development of Seaview Park:
. Minor modification to site plan, accommodating certain changes requested by City of Boynton
Beach approved on April 25, 2005.
. Capacity Reservation Fees in the amount of $5,821.20 paid in full to City of Boynton Beach
. Environment Resource Permit (ERP) issued by South Florida Water Management District on
January 11, 2006
. FDOT Driveway Permit renewed on August 17, 2005
. Bid process for demolition contractor complete and contractor selected.
. Payment in the amount of $10,191.00 made to Florida Power & Light for removal of existing
overhead electric poles located on the Seaview Park property. FP&L are scheduled to commence
this work week beginning February 6, 2006.
. Preliminary Plat submitted to City Engineer and comments received. ResubmittaI scheduled for
February 7, 2006
. Paving, Grading and Drainage drawings submitted to City Engineer and Comments received.
Resubmittal scheduled for February 7, 2006
@-
1015 N. State Rd. 7. Suite C. Royal Palm Beach, FL 33411 · Telephone: 561-333-4700 · Fax: 561-753-5533 · www.lennar.com '1':N~
February 3, 2006
Michael W. Rumpf
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Page 2
· Water and Sewer drawings submitted to City Engineer and Comments received. Resubmittal
scheduled for February 7, 2006.
Documentation supporting all of the above milestones has been attached to this letter
In parallel with our deyelopment work, the owner's of Seaview Park issued eYiction notices to all
residents of SeaYiew in May 2005. As you know, during the eYiction notice period, seyeral of the park
residents filed a complaint for declaratory and injunctive relief against both the City of Boynton Beach
and the Owner's of SeaYiew Park Club. Despite the uncertainty regarding the potential outcome of this
litigation, Lennar Homes, Inc. continued its efforts to secure governmental approyals. ThankfUlly this
complaint was voluntarily dismissed on Noyember 14, 2005 as a result of a settlement agreement
between the Owners and the park residents.
In order to avoid any potential delay to the project, we would respectfully ask that this request for
extension of site plan approyal be submitted for inclusion on the CRA agenda for March 14, 2006 and on
the subsequent City Commission agenda for March 21, 2006. Lennar Homes, Inc. will of course mail the
required notices to neighboring property owners and post required signage in advance of the aboye
meetings. Should you require any additional documentation or deem it necessary to haye representation
from our office at any meetings prior to the above hearings please do not hesitate to contact me at (561)
228-5314.
Your early response in this matter would be greatly appreciated. Thank you once again for your
continued support.
Sincerely,
Andy MacGr r
Portfolio Manager
EXHIBIT "e"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 06-002
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
1. Time extension is subject to the original Conditions of Approval and those X
contained within the Minor Site Plan Modification approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
2. Place utility lines underground along Federal Highway. X
3. Existing structures shall be removed or demolished within 30 days of real X
estate closing.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 06-002\Condition of Approval form.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Seaview Park Club
APPLICANTS AGENT: Mr. Andy MacGregor - Lennar Homes
APPLICANTS ADDRESS: 1015 N. State Road 7, Suite C, Royal Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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, administratiye 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\Seaview Park Club\SPTE\DO.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
[x. - CITY MANAGER'S
REPORT
ITEM A
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) 0 February 21, 2006
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006
0 January 17, 2006 January 3, 2006 (Noon) I:8J March 21, 2006
Date Final Form Must be Turned
in to City Clerk's Office
January 17,2006 (Noon)
~, --~
February 6, 2006 (Noon):~.
'- .~
February 21, 2006 (Noon~!,
~_.>..,...
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
r.".' "qCO
..
0 0 J-'--', .=:p,
Administrative Development Plans '---!:::-
'r)
0 Consent Agenda 0 New Business
0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
City Manager's Report
RECOMMENDATION: Motion to approve Task Order #043-2413-02/CJD by CH2M-HILL for the design and
engineering services for Fire Station #5
EXPLANA TION: The City has continued its process of constructing new fires stations as part of the improvement plan
associated with the Citywide Fire Assessment. The City has constructed and opened Fire Station Number 4 on South Federal
Avenue and is nearing completion of Fire Station Number 2 located on Woolbright Road, west of Congress Avenue. The final
portion of the fire station improvement plan involves the construction of a new Fire Station in the Northeast quadrant of the
City. To that end, the City acquired property on High Ridge Road, south of Gateway Boulevard to construction Fire Station
Number Five. It is believed that the location of this station will well serve the Northeast quadrant of the City as well as
providing additional fire and EMS coverage for the expansive growth occurring on Congress Avenue.
At the onset of the design of the Fire Stations, CH2M-HILL was selected to be the design professional for all Fire Stations.
This has proven to be beneficial because many elements of design have been replicated in each Fire Station leading to cost
efficiencies of design and consistency in construction leading to ease of maintenance in the future and reduced maintenance
expenses. Although language in the first addendum to the original request for qualifications could be read to limit the number
and scope of tasks that can be awarded to CH2M-HILL, those limitations are in conflict with the Commission's original intent
and could, if not clarified, necessitate a new round of search for a design professional to handle the Station 5 project.
Needless to say, that would delay the project. Approval of the Task Order to CH2M-HILL should include Commission
clarification of intent that CH2M-HILL was in fact originally selected to be the design professional for all Fire Stations and
that opening up this project for a new round of awards would be counter to that intent and is therefore not required.
The attached task order from CH2M-HILL will provide for the design and construction oversight of Fire Station Number
Five. The total cost of this task order is $1,479,262. This task order is unique from prior work performed by CH2M-HILL in
that the proposed Fire Station will also house Fire administrative offices, City connnunications, a City Emergency Operations
Center and support for ITS appurtenances. The last two hurricane seasons have shown the need for an Emergency Operation
Center that can withstand a sustained wind velocity exceeding that of a Category 3 storm event. Our current EOC at the East
Water Treatment Plant is not designed to sustain Category Four or larger storm events, plus this facility is located east ofI-95
in the storm surge zone. Fire Station Five, the City EOC and a Connnunications Center will be designed to withstand
Category Five wind speeds (160 MPH sustained and 192 MPH 3 second gusts). The City Capital Improvement Plan has been
amended to acconnnodate the estimated cost of around $15M dollars to construct this 37,000 square foot facility.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
Furthermore, staff has requested that the architect include costs to evaluate the overall site plan for the Fire Station to ensure
that the placement of a future Police facility can be accomplished on the same property without negatively affecting Fire
operations, public circulation patterns, employee parking and stormwater improvements. The cost of this additional work in
the task order is projected to be $45,416. Design of the Police facility is not part of this task order.
PROGRAM IMP ACT: CH2M-HILL has indicated that a required time line prior to construction is estimated to be 34
weeks. In order to minimize any delay and continue on course for a Fire Station in the northeast quadrant, it is necessary to
proceed.
FISCAL IMPACT: The acceptance of this task order will require an output on behalf of the city of $1,479,262 dollars.
The anticipated payout would be incurred in 2006 and 2007.
AL TERNA TIVES: The Commission at their sole discretion can reject staffs request for acceptance or modify this motion
mth~~~,"Y
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Department Name
Public Works
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
24
1 RESOLUTION NO. R06-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE TASK ORDER NO. 043-2413-
6 02/CJD WITH CH2M HILL FOR THE DESIGN AND
7 ENGINEERING SERVICES FOR FIRE STATION #5 IN
8 THE AMOUNT OF $1,479,262.00; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11
12 WHEREAS, the City has continued its process of constructing new fire stations as part
13 of the improvement plan associated with the Citywide Fire Assessment; and
14 WHEREAS, the final portion of the fire station improvement plan involves the
15 construction of a new Fire Station in the Northeast quadrant of the City; and
16 WHEREAS, staff is recommending that the City Commission approve and award Task
17 Order #043-2413-02/CJD from CH2M-HILL which will provide for the design and
18 construction oversight of Fire Station #5 in the amount of$I,479,262.00.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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.
Section 2.
The City Commission of the City of Boynton Beach, Florida does hereby
25 authorize and direct the approval and execution by the City Manager of Task Order No. 043-
26 2413-02/CJD with CH2M-HILL for the purpose of providing design and engineering services
27 for Fire Station #5 in the amount of$1, 479,262.00.
S:ICAIRESOlAgreements\Task . Change OrderslCH2M Hill Task Order Fire Station #5,doc
Section 3.
This Resolution shall become effective immediately upon passage.
2
PASSED AND ADOPTED this ___ day of March, 2006.
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)
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
SICAIRESOlAgreementslTask - Change OrderslCH2M Hill Task Order Fire Station #5.doc
CH2M HILL
One Harvar:! Circle
" CH2MHILL
Wesl Palm Beach, FL 33409-1923
Tel 561.515.6500
Fax 561.51S.6502
February 22, 2006
PROPOSAL/SCOPE()F SERVICES FOR
CITY OF BOYNTONBE.ACH
FIRE STATION NO.5 .AND
EMERGENCY OPERATIONS CJnNl'~R.(~OC).)nJILJ)ING
Ref. As per Requ.est for QllaJiftcatioJls#04~..2413-02ICJD
CommiSsioll.Ap.ptOYe.d06117/2003
NOTE: Proposalisbasedollapproximately:a37,OOOSF Facllity.with a'CoDceptual S. E construction
costestimateJol' building$,...$it~woj-k" an,autili.ti.es()tapproxitQaf~ly~15,OQQ)()OO_. seeJastp~g~<tloes
not incltldemovable equiPlllent anti .t'ilrD$shijfgs);
Projed Description.aDdSe:rvi~~tob.e.pro""i(jecl:
Project consistsofa,n.ew.s:..:a~y jriil''{~~ijQn Q.tappr()"im(lt~ly 19~Q(}()Qro~s Square Feetonolle hwel.
Inte~ted..into. th,eEit~St~~qnbJ.ltI~~l.te$i~is;an~dQitio~ltW()e2)..1~~loverlapping/vertiCaI
footprifitofapproximately91500SF{f9)OOOSF on.2 addittonal'levelsjfor.Fite Administrative
Qffices. Emergency Qpel1ltions Centel"(EOC)~ Cormnunic~tipnsand:,lnformatipn Technology
Services (ITS). Thesiteistht'llOrthem3.24 aCres ofa9;3acrePafceLlooaH~d on the southeast comer
of Gateway Boulevard and High :Ridge Roaci
Provide Atcbite.ctural andE1I~fieetin8Pte~DeSign' Schematic Design' Design Develeprnent,
ConstructiPIlDocWllents,<JompetitiveDi4~ingAssist~ce~~ OO~gtiQn .A<hniniStration$etvi~s for
FireStation#5 and theEtner~ency Operations Center Building as notedaoove. The smlChtres wilIbe
designed to resist windloadingJora Saffil'..Sjlnpson Category 5 Hunictme.We propose designfor 160
MPH sustained windspeeij which is~qiWilent to an ASCE 7;'{)2'3~sec()nd gUSt value. of 192MPH.
Services will incll1de cQnceptuaIIl1~terpl~t)ning()ftneerttite9.~ actesiteandc~nceptdesign oftl1e
proposed adjacent.pOlicehead9~artersbi1ildili~' Adjacent.utilities c011l1ectioDs across High Ridge Road
and arequire<i medianeutforEllllJrgenpyVebieleegressis ittclud~.
Work Not lneJuded:
Traffic stl1dy,.signalizaHon!ge6technitiallestingariat~()rt~ b()undary~nd t()p~waphical survey, 6fft
site work not listed above,secuntysystemandmoveableequipmentand:lUtll'ish.in.gsarenotinduded
Boynton Beach Fire Station 5 & EOC Building
Page 2
February 22, 2006
in Scope of Services. Signalization for this project win be to provide empty conduit forflashingsigns
only - full signalIzation is a future consideration and not in this project.
Task 1: Pre-Design Services:
A. Geotechnical Services (Provided by City)
$0
B.
Site Survey
Boundary and topographic site sllrvey locating property
lines, existing kriOVtD utilities, adjacent roadways
sidewalks andotheuelevant site infonnatjon
(Provided by City)
$0
c.
Traffic ItnpactStildy (Piovidedby City)
$0
D. ProgrllfiU)'lingand. concepttJ.~l~WiI)gsrQt FiteSl~tiQfial1d EOC Building
And assist with:pteparmgGtallfApplieations.
D. I. Me.et with City Management ~nd Fire Ilepartment Starf,
to review antlUPdat~preyiously~Vid~Q~()llcept
floor.plans'anO..s.ite;plans.. dated Apri)j2()U4.and,develop
buil<iing,\;pac.e. program for.tb.eEQCBuildjI}gihti{icafihg
reqtUredassignedand support spaces for the buildings.
Local.m:eareview trh> includeti;t$Jlggf3St:F()rtLaud~c:l~I~EOC
CehterJmdWestPalm ~eaeh polic#~t~n()n 8clorSFWMD
EDCCenter-or other similarl()calareaFaeilities) fotarehitect,
str\1et:ural,.J1l~ha.llic~la.lldel~t:ti~a.l.ellglneer.
$18,300
Meetings and Trip lnelude;
Two (~)3h9ur meetings with City for 3 people
Review trip: 8 hours each for 4 people
D.2. ConceptdtaWings; and meetings. Provide revised!
refined .cQnc.~t~iteplan,buildiD.gpl,ans,a:adsl<et~h~,
~d prep~ef'(jrandattend:
Two (4Jrewcw IIlcetingswithCity
DI.1e. (l)meelitlgwith ~a1ltutn€()I)lll1UnilY Dev.elqpment District
OncO ) meeting with Planning&ZoningandClty
Landsc,~epri()r to the $tteplan.submitta1('I'.AaT)
ReviewProcesg. $20,000
Meetings include four(4).3.hout'IIleet1ngsfor 3 peOple
Expenses:
Expenses for Deliverables;Ptogramrning. submission to.iIiclude
t{KlowSk\propQsals\Boynton Beach # 5 _2flZJ06
Boynton Beach Fire Station 5 & EOC Building
Page 3
February 22, 2006
six (6)Sets of Program requirements, black lineconc~fSitePf$,
FloorPlans and Building sketches andConceptuaLS.F. Construct1'dfi
Cost Estimate
Travel and miscellaneous expenses for review tripandl11eetirlg~.
TOTAL TASK] LUMP SUM
$ 1,150
$ 350
$39,800
Task I Delivcrables: Six (6) setsofPto~am rC9uitemeI1ts?black linec(nlc~t SitePlan1Floor Plans
and Building Sketches, and Conceptual Sqpare Foo1' G'o;nstructipTI . Cost 'E$tfrnate
Task 2 eSpace Program ande()nceptDrawh1g$forPb)i~eEi'~ilit:y
of approximately 62,000 Square Feet
A Prepare for and attendassigrtedintefiTieWswitlLPoliceand
City Management to~ceI1ain reql.1iI"~ spaceallpcappns,
adjacencies; and building, syste~$req~iI-eW-etl~(oi" t4t}-t~~ili~
(assume 8 hours ofintervt.ews}.NOTE:'TrlptO't\\toloeal
area EOC!PoliceF'acilitiesate incltide!iinCl s~llpeabpy(!.
Interviews; 2 people- ShOUts each
B Developabuildingi~ce PfografufotiassigrregiiIld
non~assign~dspaces to.detertninetotalgro'ssbl.lil~m?
sql1afe footag~. AftendDlee1:ing to review spaceprogtalil
for any adjustinefits.tobemade.
Meeting lncludes;Jhour meeting for2peQp1e
C Develop conceptual building .floor planandibuildillg
elevations based on. approvedS}fflcepro~a.m, aesthetics,
matenalsandexterior 'fiIlishesof:fitestatiotti5mcludmg
a Conceptual S.F. Construction C():it]3sl,iD}ate,
Expenses:
Expen$es forDeliverables;For.A.j B &Gpro'\'idefise\sof
building/space program) black lil1econceptSitePlan,
Fl()()r Plan, Elevations and COllCept. $. ~\COnsttg.Ctioll
Cost EstUnate.
Colored Rendering
$1,416
$11,200
$26,,000
$4();(i16
,;,;'.--'; -
$ 1,800
53-hob
$ 4 &00'
c'" 'Jt::.,. '.,<
TQTAL. TASK 2 LUMP SUM $45,416
torlQwsk\prQPOS<!.ls\Bo)'ntoD Beat\h #5_~
Boynton Beach Fire Station 5 & EOC Building
Page 4
February 22, 2006
Task 2 Deliverables: For A, B, and C, provide six (6) sets of Building Spa.cePtogram, black line
concept Site Plan (including basicstonn watet ealcnlatlQfiS and parking requirements), Floot' Plan,
Elevations, and Concept Square Foot Construction Cost Estimate
Task 3: Schematic Design; Fire Sta.tion #5 and EOC Building
CQnting~ntupon receipt of information fromTask l;A,B C&C a,tidthe Cjty's
Approvalofthepre-design services, Consultant will proVide further developed
conceptual site plan, floor plans, exterior elevationsalldsections..toinustrat~ the
scale and relationship ofthe Projeetcomponents,Pr~llminaIy>selections of
major.buildiu&..systems.andconsttUctionII1aterialsshall ben~tedon
thedJ;awitlg~ ot described in wtitjng~dwm in~1I14$MUPdaJe;(){.tbe
. . '. . - . - " .. . - .
CODc~tual S. F. Construction CostEstimate, Up to threeme.etmgs with
City Management, Fire DePartment persoIlllel will he b.etdtorevlew,
revise~dtifialize the schematic design, Tl1e@Wij~r wUlPt6Vide Written
approvalofthe work at the completion ofthl$fask. l'hedesigp,cQllC.epts
(site plan, t1()or'pl<l.D.s)at1d elevations) wjJlb<}cO,n$i4~~q;,'tfroAel').t.'
V",tbthe exception otvery rniIiOTtevisionsatthe'comp!etioll. of1lUs task.
Task in.clu<i~pr~sentatiQntQ City GommissiQn $2~O)()OO
:fut.pen~:
:fut.pepscs' for Deliverables;ScheIllllticI)e~lmsql>t1:@$i()tl toil)Clijge
six (6) setsof'drawings, and update of Sd+.costestimate
LQCal.travel andllliscellaneous expense~.
Colored Rendering
$ I~700
$ 300
$. 3~OOO
$ 5,000
TOT.AL TASK. 3, LUi\1IPSUM $235,000
Task 3 Deliverables: Schematic Design Sllbmission to inclnde six (6) setsof'DraWlngs, and updated
Square Foot Construction Cost Estimate
Task 4: Design Dev~loplDent; FireStation #5 and EOeBJlUding
Bas~.ontheOitY'S;ipprovaloftl)e8cl)etnati.c.J)~sign~~eJi~lU'l~u~ted
S.K Construction Cost Estimate and btidget#Cot1S1iltantwiltprovideDesign Development
Docuroents,toiUllStrate and d~cribe.there:ffu:etIl~tQftbedesjgnp.fthe
Project. DoctU1let}tssh~llestidjlish the scope,re1atipIlShips, fotlf1S,size
andappeataneeofthe,P1;oject.by.mea:ns of'pmns"elevatioD'S,sect10tlS,
tyPical COllstI;uction d~taiIS~dequipmentlay()tlts aswellas
outline s~ecifi€fJti{)n~tnatidentify major materiats(andsystemsand
establish in general their .quality levels. An ~aate ()fth.eS~F,ConsttUction
C()stEstirri~eisitlcluded.
lorlbwSk\):lropqsll&\BOynton Death ff5J.122106
Boynton Beach Fire Station 5 & EOC Building
Page 5
February 22, 2006
Up to two (2) meetings will beheld with City staff to review, revise and
finalize the design development. The Owner's written' approval. of
the work inthis taskwill be.requiredpriortopro~eeding with Task 6. $303',000
Expenses:
Expenses forDeJiverableS; Design Developmerlt Submission to include
six (6) sets of drawings, outline specifications, and update of
S.F. c()~testimate $ 2,100
Localtravel and miscellanlAAIsexpenses'$ 400
TOTAL TASK 4 LUMPStJM '305;500
Task 4 Deliverables:DesignDeve1opment submittalineludessix(6)sets of'Dtawin~;, Outline
SpecifieitiQ11$,' anq npdatedSquare Foot ConsttUction COSt.E8mn~te .
l'askSlTe'CJilii~tA.dVis6~ Review Team (l'ART) Review
Th.e t1\.RTR.~YiewPr()qessrequiressubmission of the fOl1owiJlgatid
stibseCftietlt.review.respollSe .stlbmittal;
9()$ (;omplete civil/~it((.c.ll"awings
9()<Gl~d~ca~eJ..ifflgation.draWings
Arclilt~turalJloorplans(including. Jiresa~ty and. ADA.) and
cQr9r~>~leyat1olls
Site Ilglltingandpbotometrics
AttenclCommissionreviewJapprovatmeeting
$9,600
Expenses: Printing I Reproduction for
Submission review (12 q()pies) $ 700
TOTAL TASK 5LUMP'S.UM stQp()O
TaskS D~liyeralJles:TWelve(12) . sets of '..signedanqsealedCiViJlSiteDravVillg~"
Lands~a})elIrrigati(}n Drawings, Arqhitectural Fl()()rPlans,..e()loredElev.ation$~' $lte.l..igl).Un8:#Uld
Photome1J:ics
Task 6~ ConstruetioD Documents; FireStation #5 and EOC BuDding
Based on receipt of the City's approval for rqe DesigpcDevelr)PlIle1l1
Documents. and updated S.F. Construet1on Cost Bstimate andbuG~t,
Consultant will PJ:Qvide Construction Documents to set forth in :detail
the requirements ror coi1$truction of the Ptoj.ect. They shan ~c1qde
Drawin.gs and. Specifi~atiOnS' that establish in detail.th~ q~a1ity.levets
of materials and systews required for the Project.. All.~chitectural
IQitowsk\prop6sals\BoytJton Beach # 5 _212U06
Boynton Beach Fire Station 5 & EOC Building
Page 6
February 22, 2006
and engineering systems listed in Task 4 and Attachment B will be
finalized.
$594,000
Up to three (3) meetings with 2 persons attending each with City Staff
will be held to review and finalize the COl1stnlction documents.
Expenses:
Expenses for Deliverables: Construction DOCUIIlentssubmissi(>n to include
six (6) sets of drawings, specificatiQnsand updateofS,F.cost.estimate $ 2,600
Local travel and miscellaneous expellses. $ 700
TOTAL T:AS~.s.LUMPSUM $591,300
Task 6 Deliverables: ConsUucuon D6cUrilents submissionf() include six (6) sets ofDrawifigs~
Specifications, and updated Square Foot Construction Cost Estlmate.
Task 7: Permitting
Assist City in preparatiollofrequir~ p~it app1i~.ationsandtheplocessing
tbose aJ>Plicatiot1SWith.th~.fq.u:()wiIig;
. City ofBo)'ntoh Beach ButltlingDt;:pwUneDt
· .SFWMD
.. Florida DepartmentofEriVlronffientalProtectibil(FDHP)
. National Pol1utmlt Di$Ch~ge Elin1ination Service (NPDE<S)
· Palm B~ch CO\lntyHe~1tb1Jepartment
· Well permit for irrigation
Note: Does not include anypennitfees $15,860
Expenses:
Localtravel and miscellaneous expenses $ 140
T01.'ALTA;S~6 LllJnpSllmS16,l109
Task 7 Deliverables: Assistance ands\lPport delivera.ble only
Task 8: Competitive Bidding
Distribnte.Bid Docum.ellt~.'{;ityt~'pr9vi4~'~rplj~)~q. c\()C~~t$,)~-actt~Ild
pre-bidconfetence.wfth.eitYandp~tive/tiI4aers" Amsttne'City,in
answerillg'.'lue~ions,ptepare..add'en~> asSi$~,CitYiffl.bid~a,lysis and
recorUmet1dations.
Note:..pernpective.b1dderstopayCohsultantforteptoductioIlccoStsfOF Bidding
Documents.
torlowsk\ptopQslils\Boynton Beach # 5_ 2I2VO<i
Boynton Beach Fire Station 5 &EOC Building
Page 7
February 22, 2006
TOTAL TA.SK7 LUMP SUM $14,000
Task 8 Deliverables: Assistance alid support delivetableonly
Task9: Construction Phase Services
Attend thepre-consttuctionmreting. Attend weeklyprogre.ss
meetings, miscellaneous. on-site review llle~tings,co()rdinate office
administration - including sIropdrawings,change orders; proposal
requests I RFr s, review monthly pay applications, conduct substantial
tfud final coJQ.P Ieti on ihspectiQtlS~d'Pt6j~et Blose 01lt.
(See attachment A f6r breakdown),
Expenses: Miscellaneous inc1udjngb11vel.r~r()dt1ction,photos.and
developing, etc. (16 month cortsttuctionper1<>ti). .. ... .. . ..
TOTAL TA:SK8LUMPSUM
$195,346
$ 12.000
$2'fr1,346
Task 9 Deliverables: Ptocessing/review. RFJ>s. shop drawings, submittals" .etc.
Task 10: Post Constructipu Services
}>tovideRecord CADD Drawmg$ (elettr()nis file) basedl.lpOll'
contractor's matted \),1> t:nanges;aijtlpfovi<le: ) yeiitw~ty
walkthtu.
13xpenses:.'Electronic filesandwalk'thmtr.aYelZe;lCpen~
l'OTJU. TA:SK9 LUMP SUM
$ 8;400
$ 200
$ 8,600
task 10 Deliverables: Provide electrofiic~ecotd.1Jrawing files and complete 1 year warrantywa.J.k
thm.
TOT A.L SERVICES (TASK 1~10)
$1,479;262
Task 11: Additiqpal S~rv.ces,.D.ot Pl"~~D.t1y contemplated inthjsW.ork AuthorizatioI1; maybe
suhsequently eStabUsned by~gre~l11~toftheParti.escand'amendmtmtheteto. Such Addi.tional.
Services may include; . but are uQflitnitedlO':
a) Design I Documents .foradtntional. I1Mdeniilg abovethewind,lt>aasstated.above.
b) Communication.$Y$t~$iselectl,on>specifi~ationsordeSig1'r(providing.circuit1J boxes only).
c) Interior designs otetiliapc~m~ts:aJrdtW::ni$lUllg~I~.tigJi. . ,.
d) Off site design beyondtheprojeetboundarieslptO'pertylines.
e) Em~gency signal ~ign. .
ta-lowsk\prOp05l1ls\Boynton Beach # 5_2122106
Boynton Beach Fire Station 5 & EOC Building
Page 8
February 22, 2006
f) Traffic Study.
g) Permit Fees.
h) Extension of Tasks 1-10 beyond that described herein.
i) Management of sub-consultants associated with additional services.
j) Revisions to prt::viously approved work.
Schedule:
CH2M HILL shall commence s.ervices immediatelyupcm.aUthpriZati.on
and complete Task 1-6.rerVieestequested b;ythe CITY witlliri<i<petloa.6f34weeks
for Pre Design, Schematic Design, Design DevelopIllC11.t. TAATRfWi~w.alld
Construction DocUlnerits from receipt of "Notice toPtoCe~/t
not inclusive of any r~viewperiodsrequiredbY City.8taff. COIJlp~titjveBidding
allticipatedto be four (4) weeKperiooand construction iSeSti]J:1<itedat70weelcs(16 monthS).
Task 1: PreDe~ign D 1 and D2
Task 2: Pre. Design A, B and C
TaskS: Schematic Design
Task 4: Design Development
Task5~ TART Review
Task 6: Construction Documents
Task 7: Permitting
Task 8: Bidding
Task 9: Construction
6 weeJ.<.s
(concurrent with Task 1)
7 weeks
9 weeks
(collcurrentwith'Fa.Sks 4 &6)
12. weeks
34 w~ + ~erT~Vi~ws
(pennits.required..beforeTask...8.)
4 weeks
70 weeks
Assumptions:
1. The presence or duties ofCH2M HILL's pers~~elat fl~~~ction site, whet"herason$i~e
representatives~orotherwise.. do not.make,<1H2MHlLL or.theit:.persOJl11elin~yway
resp.onsible forthosedutie$ th~t belollg lathe (slientoril$CoIls~ooe.tipn Qontract.or,. Of other
entities and does. not telieve the Constroctio'ltCOtitract.oforother entitiesfrortl their
obligations. duties. and responsibilities, inel1.tdlngd}ut110tliinit~]oa11.~()ns~tiOn.m~9ds"
means,. t~htriques.seq\lellc~'.al1d~r~c~0$..fi~~~,fql".CJ)~t4m~M~~d~omp~~g~l
portions of the construction wotk. @H2M HILL;spetSObllelhave.UQRuthor:ttY'{oexcrcise;any
c.ontrol over any ConstructionContraet?tat My~ther~tityi~.th~'p~OlJllf;Ulee()fthe work
or any hetdthorsafetyprecauti()ns;..andha~enodtltt()fitl~~~g~410~g~ bb$~jng,
correctingorteporting onh~lth.orsafety.defiC"i'4mcies atthe;sit~:,exeeptN1S'telatedt()
CH2M HILL's own persotptel.
tOt!owsk\}>rpposals\BoyntOJl Beacn # 5]/22/06
Boynton Beach Fite Station 5 & EOCBuilding
Page 9
February 22, 2006
2. CH2M HILL mak~s no warranty that the City's actual construction costs, fina.ncial aspects,
economIc f~asibility"tlt schedules Will tlofvaty from' eH2M HILL's opinions, analyses,
proJections or estimates (reference Footnote 1 as contained herein),
3. ScheduIesofcoffipletion for Tasks 3, 4 & 6assumea2week turnatound of review comments
and approval. D~laysbeyondthe. 2 week period. may result in Schedule delay and require a
scheduJechange.
Compensation for Services:
RECAP:
Pre Desmn
l'ask.H Fir~ Statiqfi & EOCII1;Sfl?ire AdlJlili.
Task2: PoliclrFatilit}'
.~.. e:lp~n$~ iJl~lucle $3~O.o.o fQr~6IDredrend~.ring
Fees
Subtotal
$38,300
$40,616
$78,916
BasieServices ~.'])esimttr.OU2hJJiddiD1!
l'ask'3:Sehemafit ])ltSjp
* exp.ensesmelude$3~OOnforcoJOted rendering
Task 4; n~ignn~y~l(}pme~#
Task 6c:ConstrueOonDot!uments
T2:sk8e 'ColDpetlit:veBII:ldi'fi'g
* No reprodu.ction. 6f;bitltJQcQ'menlsis included
$23(},000
$30300.0
. ."
$59~OO~
$. l:4JlOO
Subtotal $1,141,0'00
Task5t TA.ItT R.~uir~menl$
Exp~nses
Totals
$1,500
* $:4..S00
$ 6,300
$39 800
. ... -,. .
$45~416
$8,5;216
* $5,0.00 $~35,OOO
$2~S,QD$~~;$()()
$?pOO $$91,~~O
*0 $ 14JlllO
$1(Ji800$1,t~,3qO
Task 7: Permitting
$9,()llO $ 70.0$ to;~Q.O
SlS,86o $ 140 $ 16,000
Task 9: CObstrndion PhaseServiees
$19~346 $12,000 $2()7,346,
Task 10: Post COlistruction Services
$ 8~400
Stt9,20Ci
Subtotal
$ 200
$13,040
$ 8~600
$Z42~46
Total $1,449,122 $30,140 $1,479,262
Thetota lam' OU.D ..tto be.pm .'.d to. ;.C.H2 M. HIt.Lh:y. m.'eC JTY l1iId .^. er .tltiS.... '.w'.o,zX-.
. . " -' .., . -, ..- .,,' -' . ," ',..".... .......- -. '-.. ',-
authorization.for services,(oot including;additional services}sha11 bCi,a: Lump Sum amount of One
Milli()D Four HundtedSeveJityNihe ThQus~.d Two}{un~S~y TWQ Dollars ('Sl,479;262}.
CH2M HlLL will invoice the CIlY onamortthly basis -as reqmted.;for payinent;
tcrlowsk\prOposllls\Boynton Beach # 5_2I22J06
Boynton Beach Fire Station 5 & EOC Building
Page 10
February 22, 2006
APPROVAL OF SCOPE & FEES
CITY OF BOYNTON BEACH
FLORIDA
CH2M HILL, INC.
Signature
Signature
Title:
Title:
Date:
Date:
torlowsk\pTop<)Sals\B()yntonBeach #5j.l2~
Boynton Beach Fire Station 5 & EOC Building
Page 11
February 22, 2006
ATTACHMENT A
.BQ~()~ ~E.A.~JIlnll.ESTATI()N #' 5 ANI>
E1\1ERGENcY()PElRATlO'N8CENTER (EO C) BUILDING
TASI<~: C()1'lS~lJCTION PHA.SE SERVICES
Construction Phase. (Basic Services Based Otl 70 week 116 mOnth construction period).
~ppStJ:ucti(>P Ph~eS~f,!~m~l!lqeftlW f911p:wijIg: IIPttTS Total $
.. Preparefor and Attend Pre-Constnlctlbn:Mee.ting 10
( 2 people)
4iIn;,.'Officeaffirimis1.raliol1(c.oftespondence,.R.F'l's,
change orde.rs, proposa.lreqttests,.phone,. fax, etc.)
Atc.hit~fJEllgineer(!\y~~.5hrMwk) . 3SQ
$1,292
$38,500
ShppDrawing R.~Yi~;
.t\.i'cl\if~tUtal 20Q
M~ham~al gO
Jllitm~mglJ;i'ifePi:ot~tipll ao.
:Blootiieal 80
Stil1:~turClI 80
Ci~l 4Q
Landscaping 40
600
$63.000 $101,500
. Weekly Meetings:
Equivalent of (I) 5 hpur visit every week
to include travel, 4-hours minimum on site and
prep~re and distribute Meeting Millptesand
Monthly Pay Application - 70 visits.
350
$45,500
· Misc~I1aneous Engineering. Site Visits:
To ii1ulude Civil {during Uhderground inspections,
Utility hook ups anttpaving)~Landscapin&
Mechanical, 'Structural, PJuIUbing and Elecmcal
Engin~erto..~ttend~Prp~sMe~ting~sreq~ested.-
eHpiv'lJ~ntof48' (~h()ut) Vi~its,j'U.cltl<:1ingtrayel
time; 240
tCtlowsk\pr0p<>s31S\Bo)'!>>onB~"ffS~2122lOO
$30,000
Boynton Beach Fire Station 5 & EOC Building
Page 12
February 22,2006
Attachment A
BoyntonBe.ach Fire Station # 5 and EOC Building
Page 2
. Substanti'lLCompletion & Punch List
AtchitectIPM
M~hanical
Electrical
Civil
Landscaping
Clerical
. Final COJ1lPletionlCloseOu.t
Architect/PM
Clerical
. Exprmses:
TOTAL
torlowsk\proposals\BoynIQn Beach # 5_21l2/06
24
16
16
12
10
16
94
40
16
56
1,700
$ 3,216
$ 2,000
$ 2,000
$ 1,500
$ 1,250
$ 864
$ 5,360
$ 864
$10,830
$ 6.224
$195,346
~u.()OO
$207,346
Boynton Beach Fire.StationS&EOCBuilding
P':~', 13
22,2006
ATT~CHMENT B
U()~l'P~;lJE.J\01FJl{ESl'ATION #-i5 AND
EMERGENCY OPERATIONS CENTER (EOC) BUILDING
Scope orSel"Vicesfflstimated Drawings
(Schematic Design through Construction Documents)
Disti,.llifie
General
Est. # of Sheets
G..}
G~2
6-:3
3
SS
i
Sheet Title
Title, Index, ,Location Nlap
Symbols and Abpre\fiatiohs
GeneralNbtes& Code Analy$is
SiteSuryey
Site'Su.ryey
Life Safe,ty
~~ 1.1
LS- 1:2
LS..1.3
3
Lev.el.1LifeSafety.~lmt
Leve12LifeSafetyPlan
Level 3. LifeS~retYPl@D
Civil
C..l.l
C-2.!
C.2.2
C-2.3
C.3.1
C-3.2
C-33
C-3.4
C-3:5
C-:3.6
C-3.7
C..;3~8
12
~ite Plan
Pavin~ Grading & Drainage
H()rizon(al Control
Utilities Plan
Civil Details
Civil Detai~s
CiVll Details
Civil Details
Civil Details
Civil J)etails
Civil Details
Civil Details
Landscap~rigan~n
L-1.1
L-2.l
L-2.~
L-2.3
L-3.1
!R.I.!
Landscape P.]an
Landsc.apeDetails & Plant Li~t
Landscape Details
LaQdscape Details
LantlseapeSptcifications
Itrigation Plan
ta-Iowsk'Pto~&\BoynlOO aeacli #5:..;.2I22J06
Boynton Beach Fire Stati<)ll 5 & EOC Building
P2gc 14
February 22, 2006
Discipline
Landscapenrriganon
(continued)
Architecture
Est. #olSheets
lR-2J
IR,.2.2
IR.:3.1
9
A-Ll
A-I.2
A-2.l
A-2.2
A-2.3
A-2.4
A-2.5
A-2.6
A-2.7
A-2.8
A~2.9
A-2.1O
A-2.l1
A-2.12
A-2.B
A-3.1
A-32
A-4.1
A-4-2
A-4.3
A-4.4
A-5.1
A-5-2
A-5.3
A-5.4
A-55
A-5.6
A-6.1
A-6.2
A -6.3
A-6-4
A.6.5
A-6.6
A-6.7
A-7J
lorTowsk\proposa]s\Bc)yntoJic Beach # 5_ 2J22I06
Sheet.Title
IrrigatIon Details
Irrigation Details
Irrigation Specifications
Architectural Site Plan
Site Details
Levell Floor Plan - EOC/CommllTlFire
Admin
Level 2 Floor Plan - Fire. Statipn
Level 3 Floor Plan- Fife A.dmin.
Levell Ceiling Plan
Level 2 CeilihgPlan
Level 3 Ceiling Plan
Level I EquiprnentPlan
Level 2 EquipmentP1an
Level 3 EqlJ,iplJ:lenfPlan
Level 1 Wall Types Plan
L~e12WaU.l'yp.es plan
Level 3 Wat1TyPesPlan
RqofPlanIDetails
Exterior lSfevapptlS
Exterior Elevations
Bllilding Sectipns
Bl.)ilding Sections
Wall Sections
Wan Sections
Enlatge<lPlarts& Interior Elevations
En}argedPJ.ans &. Inter:iorElevatiQl1S
EnJarge~J?lans..&.InteriorBI~Yfitiol1s
Enlarged Plans & Interior BlevautluS
Enl~gedPlaI1s&.JIiteijot .Elevfit)on$
Enlarged Plans &. IntenotElevattons
Sched~les& Uetli.ils
Schedules & Details
Schedules & Details
Schedules &. .J1,)~t~i1s
PattemPlatl&Details
Pattern Plani&;Iletlrils
Pattern Plan .&DetaHs
Details
Boyn~"r' !le?eh Fire Station 5 &EOCBuilding
Pc.. c
,_, .t~ '
l~d- 2006
DisdRtiuc
Architecture
(continued)
Est. # of Sheets
A-'7.'l
A-7.3
A-7.4
38
Structural
8-1.1
S-2.1
S- 2,2
S-2.3
S-2.4
8-3.1
8":3.2
S-4.1
S-4.2
S-'4.3
S-4.4
S-4.5
S-4.6
84.7
14
M..1.0
M-l;l
M;'1.2
M-2-1
M-2.2
M.:2.3
M-3.1
M-3.2
M-3.3
M..;4.l
M-4.2
M..;.4.3
M-~)J
M;..5,2
M.;53
M-..().J
M-6~2
17
Mechanical
torlowsk\propo$ah\BiiyhfQ!l Beacf1 #3_2112106
Sheet Title
Details
Details
Details
General Structural Notes
Foundation Plan
Level 2 Floor Framing,Plan
Level 3 Floor Framing Plan
Roof Framing Plan
Scheduies & Details
Sch~dules & Details
..;,...'-.....-,- -.-"-,,,.,':. ,...., .....-...,.....,.,
Sections & Details
Seetions &; ,Details
Sections & Details
Details
petails
Details
Details
M~arrical Legend I 8yn1b91s
Schedules
Schedules
L..well HV AC.Pl~
Level 2 Hv AC Plan
LE!Vel 3 av AC Plan
Enlarged.PIans & Details
Enlarged P1cms'& Details
Enlarged Plans:& Details
secfit>Ds& netatis
Seeti~~ Det41jls
Sections & Details
HVAGDetails
HVAC Detait$
HVACDetails
G~I;i;ti'ol$
Controls & Schedules
Boynton Beach Fire Station 5 & EOC Building
Page 16
February 22, 2006
Discipline
Plumbing
Est. If of Sheets
P-1.O
P-l.l
P-L2
P-2.1
P-2.2
P-23
P-3.1
P-3.2
P-3.3
P-3.4
P-4d
P--4;2
P-4.3
P-5.l
P.5.2
P-S.3
P-5.4
17
SheetTitle
PhlIu1:>ingLegeDd & Abbreviations
Plumbing8ch~1lles
PIUlIlbingSchedll1es
Levell Plumbing Plan
Levell Plurtit>jngPlan
Level 3 Plumbing Plan
Enlarged Plans
Enlarged}>lans
Enlarged Plans
Enlarged Plans
Stack Diagrams
Water Riser Di<lgram
Gas Riser Diagram
Details
Details
Details
Details
FJre~"o.tecti"n
FP-I.1
FP-2.1
FP-22
FP-23
FP-2.4
FP-3.1
FP-3.2
FP-4.1
FP-4.2
9
Site PI~ Fire Protection
Level 1 Fire Protection
Levell Fire Protection
Level 3 Fire Protection
Roof Plan Fire Protection
Enlarg(':d Plan I Details
Enlarged Plan I Details
Details
Details
Electrical
E-l.O
E-1.1
E-l.2
E-2.!
E-2.2
E-2.3
E-2.4
E-2.5
E-2.6
E-2.7
Legend & Abbreviations
Electrical 'Sit~Plan
Electrical Site Photo Metrics
Level I LightingPlan
Levell Ligh~ngPbm
Level 3 Lighting, Plan
Levell Powel1..:P.lan
LeVel 2 Power Plan
Level 3 Power Plan
Level 1 Communications Plan
\Oflowsk\propQSlils\SOynt()n Beach'#'.S;.:.2f21J06
Boynton Beach Fire Station 5 & EOCBuilding
Page 17
February 22, 2006
Discipline
Electrical
(continued)
Est. # bf Sheets
E-2.8
E-2:9
E-3.1
E;;3.2
E-3.3
E-3.4
E-3.5
E-4J
E-4.2
E~4.3
E-S.l
E-5.2
E-5.3
E-5.4
E-5.5
E-5.6
E-6.1
E-6.2
E.6.3
E-6.4
30
152 + Survey sheet
Total sheets
Concept proposalco-nstl'tlCtioneosf review:
Sheet Title
LeveI2Co:p:l1l11Jnjcatiq.l.1s Plan
Level 3 ~oWitiumtatiorlS Plan
EnlargetlPlans
EnlargedPljuls
ErnargedPlans
Enlarged Plans I Details
Enlarged Plansl Details
One Line,DhtgratUs
One LineJ)iagtaIlls
One LineDi.agtamslSehedules
D~tailsl~s.~
Details I Risers
D~tailsI Risers
Details
Details
Details
Sch.eduies
Sch@til~
Schenlllt$
Scheduies
. Standard I SFI..code.coIlstruction for Fire 'StatiOQlAdmin... Buifding:tlpptOx..$2751SF
. Upgrade to Category 5constructlon = +30%-40% (sayg5~ inQ~e) = $37ttSF
· Fire station (lLevel) 18,(>00 SF@$3721SF
.FireAdn1inlEO~fCQ~-lT . .. .. .18,OOO'SF@$3721~~
(2.additional.llartiallevels -- partof:trtreStatiollf()otprinl)
· Siteworklu.tilities 3 .24ac:res @$'150,OOO/~cre
$' 6,69.6;000
$ :6,696~OOO
$ 486JKIO
$13~7S:jQOO
$1.J~..OOD
$15,OOO~006
Contingency (inflation, unknowns, additives etc. - apprpx.S%)
Note; Moveable eq~ipment & fumisl1ings (n()t inelu,de$1)
(37,OOOSP.S,400 for apparatus bays areas) Jli 10% = +1- 20;000SFofassigri'a.ble:spacesc"that-need
moveable: furnishings- and equipment.
20,000 SF @ $'25/SF
tCTlowsk\proposals\Boynton Beacl1 # 5...J.122/06
$ 5QO,OQO
~\"(Y OA-
I.. .c~..\
f ...- .'
Ijj \. ...- .... . ... ...) '"
o " ..l;;:
J- .~ ." /' ~ ,;'
~~ ~ ~<
l"ONc".
IX.-CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACI ITEM B.
AGENDA ITEM REQUEST FOhlu
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to C itv Clerk's Office Meeting Dates in to 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 2], 2006 February 6, 2006 (Noon)
0 January 3, 2006 December] 9,2005 (Noon) 0 March 7, 2006 February 2],2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) 0 March 2],2006 March 6, 2006 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 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: Based upon existing state statutes and city ordinances staff recommends that the City
Commission does not enact any additional local legislation to regulate improper weapons use [firing guns in the air].
EXPLANATION: The City Commission made a request for staff to research and write an ordinance that would
prohibit the discharge of weapons within the City limits during celebratory events. According to the City Attorney,
there are provisions of both the City Code of Ordinances and Florida State Statutes that already regulate the use of
firearms. More specifically City Ordinance 15-14 makes it unlawful for any person within the City limits to fire or
discharge a revolver, or pistol of any description, shotgun or rifle.... The code provision is enforceable by a Notice to
Appear in County Court (see attachment Exhibit "A"). Furthermore, Section 790.15, Florida State Statutes also
prohibits discharging firearms in public and depending on the circumstances can constitute either a misdemeanor or a
felony. Police officers can enforce the state statute by arrest and then subsequent prosecution by the State (see
attachment Exhibit "B").
According to the Delray Beach Police Chief, the Delray Beach City Commission did not adopt an additional
ordinance; Delray Beach has a city ordinance with similar prohibitions.
Current Florida State Statutes and City Code of Ordinances makes it unlawful to discharge firearms during
celebratory events and the police department can enforce these laws.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: The City Commission may chose to adopt additional City Ordinances to address the issue.
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
_/
Page I of I
Exhibit "A"
Sec. 15-14. Weapons; possession or discharge.
(a) It shall be unlawful for any person within the city limits to have in his possession, except
within his own domicile, or carry, use, fire or discharge a revolver or pistol of any description, shotgun
or rifle which may be used for the explosion of cartridges, or any air gun, BB gun, gas-operated gun or
spring gun, or any instrument, toy or weapon, commonly known as a "peashooter," "slingshot"
or "beany," or any bow made for the purpose of throwing or projecting missiles of any kind by any
means whatsoever, whether such instrument is called by any name set forth above or by any other name.
(b) The prohibition of this section shall not apply to licensed shooting galleries or in private
grounds or premises under circumstances when such instrument can be fired, discharged or operated in
such a manner as not to endanger persons or property, and also in such manner as to prevent the
projectile from traversing any grounds or space outside the limits of such gallery, grounds or residence;
and further provided that nothing herein contained shall be construed to prevent the concealed carrying
of any type of gun whatsoever when unloaded and properly cased, to or from any range or gallery or to
or from an area where hunting is allowed by law.
(c) The prohibition of this section shall not be construed to forbid United States marshals, sheriffs,
constables and their deputies, and any regular, special or ex officio police officer, or any other law
enforcement officer from carrying or wearing, while on duty, such weapons as shall be necessary in the
proper discharge of their duties.
(Code 1958, 9 17-49)
Cross reference-Possession, use of weapons in beaches, parks, 9 16-53.
State law reference-Weapons generally, F.S. Ch. 790.
http://www.amlega1.comlnxt/ gateway .dll/Florida/boynton/partiicodeofordinances/chapter 15... 3/8/2006
Statutes & Constitution: View Statutes :->2005->Ch0790->Section 15 : Online Sunshine
Page 1 of 1
Exhibit "B"
Select Year: 120051J
The 2005 Florida Statutes
Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
790.15 Discharging firearm in public.--
(1) Except as provided in subsection (2) or subsection (3), any person who knowingly discharges a
firearm in any public place or on the right-of-way of any paved public road, highway, or street or
whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or
street or over any occupied premises is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. This section does not apply to a person lawfully defending life or
property or performing official duties requiring the discharge of a firearm or to a person discharging a
firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Division of Forestry.
(2) Any occupant of any vehicle who knowingly and willfully discharges any firearm from the vehicle
within 1,000 feet of any person commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) Any driver or owner of any vehicle, whether or not the owner of the vehicle is occupying the
vehicle, who knowingly directs any other person to discharge any firearm from the vehicle commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1, ch. 61-334; s. 745, ch. 71-
136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, ch. 99-245.
Copyright @ 1995-2005 The Florida Legislature. Privacy Statement. Contact Us
http://www.leg.state.fl.us/Statutes/index.cfm?App _ mode=Display _Statute&Search _ String=... 3/9/2006
i~~\~YO\
I,
0'. . . JX'
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J..."",, . _ /~ \... .
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'ON v
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM D
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
o December 6, 2005
o December 20, 2005
D January 3, 2006
D January 17, 2006
November 14,2005 (Noon.)
D February 7, 2006
D February 21, 2006
o March 7, 2006
[8J 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)
NA TURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
D Public Hearing
o Bids
o Announcement
[8J City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Review Local Code Options for Stand-by Power to Gasoline Stations
EX PLANA TION: As part of the City's 2005 Hurricane Wilma after action report, it was recommended that the City pursue
state regulations for requiring standby power for gasoline stations. As of last week, there were six bills as follows:
S528 - Geller New and substantially remodeled stations only
S2386 - Wilson ALL Stations
S0030 - Atwater ALL stations
H965 - Domino Certain retail stations
H3l9 - Smith - New and Remodeled
H603 - Flores - ALL Stations
As of March 9th, H3 I 9 has been withdrawn, S030 is probably going to be dropped leaving S528 as the major bill for
consideration. Essentially, S528 has the following provisions that may affect Boynton Beach:
I. Existing major fuel outlets (16 or more pumps) located within ~ mile of an interstate highway are required to have
capacity to operate with standby power by 12/31/06. This would probably include the Mobil station on Gateway and
High Ridge and the Race Track at Woolbright and 1-95.
2. Each corporation that operates more than 10 retail outlet in the County must maintain at least one portable generator
that is capable of providing alternative power for every 10 retail outlets. (essentially one portable generator for ten
stations).
3. New gas stations or substantially renovated (50% increase in assessed value) after July 1,2006 must have stand-by
power sources installed.
4. Municipal pre-emption.
By in large, S528 is deficient in that it provides very limited coverage of standby power.
PROGRAM IMPACT: State mandated stand-by power regulations in general accord with S528 will result in a very
limited number of available fuel outlets in the City of Boynton Beach and will not have an appreciable effect of supplying
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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ION <;:>
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
emergency fuel for our citizens. Unless the bill is substantially modified to require stand-by power systems for substantially
renovated stations based on a different standard than 50% of assessed value. Normally, when a building has more than a 50%
upgrade in building improvements, the entire structure must be brought up to code. A similar measure rather than assessed
value should be used in the statute. The Royal Palm Beach code does use the 50% assessed value but also adds "or whenever
a revised site plan is submitted for approval which enlarges upon or alters in any way the original site plan for that service
station. "
FISCAL IMP ACT: Not determined
ALTERNATIVES:
I. Wait for the state to act but lobby for substantive changes.
2. Adopt a local code change similar to the Royal Palm Beach Regulations
3. Adopt a local code change in concert with Defray Beach and Boca Raton so that the three
communities are not inundated with post-storm traffic looking for fuel.
4. Do nothing.
Attachments: Synopsis of S528
Royal Palm Beach Code on Standby Power for Gas Stations
Sun-SenHnel Mide. Ma,eh 9. 2006 nn 5528 ~~
Department Head's Signature City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
SENATE STAFF ANALYSIS AND ECONOMIC IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: Domestic Security Committee
BILL:
CS/SB 528, 530 & 858
SPONSOR:
Senators Geller, Atwater, Diaz del la Portilla and others
SUBJECT:
Gasoline Stations/Backup Power
DATE:
March 8, 2006
REVISED:
ANAL YST
I. Pardue
2.
3.
4.
5.
6.
STAFF DIRECTOR
Skelton
REFERENCE
DS
CM
CA
WM
ACTION
Fav/Combined CS
I. Summary:
This committee substitute bill requires certain motor fuel dispensing facilities to have alternate
generated power capacity in order to become operational after a major disaster. These facilities
include, motor fuel terminal facilities and wholesalers, newly constructed or substantially
renovated motor fuel retail outlets, and certain existing motor fuel retail outlets that are located
within Y2 mile of designated evacuation routes. The bill requires businesses to keep and produce
records documenting the installation and periodic maintenance of the equipment. The bill also
provides for certain exemptions.
This committee substitute bill establishes the Florida Disaster Motor Fuel Supplier Program
within the Department of Community Affairs. The program allows for pre-certification of motor
fuel retail outlets that will have the capacity to operate on alternate generated power after a major
disaster. Such outlets will be able to provide priority fuel sales to emergency responders as well
as fuel for the general public. In return, pre-certified outlets may receive a state tax credit
towards the purchase and installation of equipment to enable operations after a major disaster.
This committee substitute bill also:
· Provides that regulation of altemate power sources at motor fuel outlets be preempted to
the state
· Requires that a corporation owning or operating 10 or more retail outlets in a county must
maintain one portable generator capable of providing the required alternate generated
power for every 10 outlets.
BILL: CS/SB 528, 530 & 858
Page 2
. Requires the Division of Emergency Management to complete an inventory of generators
owned by the state and local governments which are capable of operating during a major
disaster
. Requires the Energy Office of the Department of Environmental Protection to review the
situational progress in post-disaster motor fuel supply distribution, and
. Provides for severability should any provision of the act be held invalid
This bill creates Section 526.143 of the Florida Statutes.
II. Present Situation:
During the 2004 hurricane season, Florida was affected by storm related electrical power outages
and concerns about fuel availability. In August and September of2005, Hurricanes Katrina and
Rita severely damaged portions of the nation's fuel production infrastructure. The immediate
impact resulted in spot shortages and per gallon prices stabilizing at close to $3 per gallon. Since
Florida receives between 92-98% of its motor fuel supply by ship or bargel, two-thirds of which
comes from U. S. supply origins2, damage to the Gulf Coast production infrastructure and
disruption of the Gulf shipping lanes gave Florida further cause for concern. As Hurricane
Wilma approached on October 22, 2005, four Gulf Coast refineries, 62% of Gulf oil production,
and 52% of Gulf natural gas production remained closed.3
Florida, however, was able to seek additional sources of product and combined with
conservation measures, experienced tight supplies in some locations but no serious shortages
prior to Wilma. Florida's fuel inventories on Saturday, October 22, 2005, stood at approximately
213 million gallons available in storage in the ports. Since Florida normally uses about 25
million gallons of motor fuel a day, the fuel in storage amounted to about nine days of supply
available.4
Hurricane Wilma came ashore at approximately 6:30 AM on Monday, October 24, 2005,
knocking out power to almost 3.5 million customers and forcing the temporary closure of South
Florida ports including Port Everglades. Port Everglades supplies Florida with almost 40% of its
transportation fuels.5
The fuel on hand immediately after Wilma's landfall remained at 9 days supply across the state
with locations on 1-4, 1-95, 1-75, and the Florida Turnpike reporting plenty of fue1.6
By mid-afternoon the next day, Tuesday, October 25,2005, Port Everglades was reporting that it
had generator capacity to off load fuel ships but the shipping channel was still closed to vessel
traffic.
I Source: Florida Department of Environmental Protection, 2005 Energy Forum.
2 Source: Port Everglades Legislative Briefing, Jan. 18,2006.
3 Florida SERT Hurricane Wilma Situation Report No.8, October 22, 2005.
41d.
S Source: Port Everglades Legislative Briefing, Jan. 18, 2006.
6 Florida SERT Hurricane Wilma Situation Report No. 14, October 24, 2005.
BILL: CS/SB 528, 530 & 858
Page 3
On Wednesday morning, October 26,2005, Port Everglades reported partial power restoration
with two days worth of normal fuel distribution supply in its tanks. That day, service plazas on
the Florida Turnpike from Miami to Yeehaw Junction began to experience five plus mile back-
ups requiring consumers to wait 3 to 5 hours in line for fuel. Sales were limited to $20 worth per
vehicle which purchased about seven and a half gallons of fuel. Further north, Orlando's gas
stations, which had power and a supply chain fed via pipeline from the Port of Tampa, were
operating normally. By the end of that day an estimated 2.65 million customers across Florida
remained without power. As a conservation measure, South Florida retail outlets also began
adopting the policy of limiting fuel purchases to $20 at those stations capable of operations. 7
By noon on Thursday, October 27,2005, ExxonMobil reported 55 stations were operational in
Palm Beach, Broward, and Miami-Dade counties. Amerada Hess reported providing generators
for back-up power at their South Florida facilities. Palm Beach, Broward, and Miami-Dade
counties have approximately 1,820 gas stations and some number of other company gas stations
were likely open but not listed in the State Emergency Response Situation Reports. Fuel
available to the public was a problem.8 Fuel in storage in the ports statewide reflected an
approximate seven day supply with replenishment priority given to emergency crews and first
responders. Retail gas stations with available power along major transportation corridors and in
major metropolitan areas were also given replenishment priority to support the needs of returning
evacuees.9 By the end of the day, 2.1 million customers still remained without power.
Throughout the Hurricane Wilma recovery, bulk fuel inventories were sufficient to meet
essential needs. The problem Floridians encountered was delivery at the local retail level. Fuel in
local retail outlet tanks was for the most part inaccessible without the electrical power to
dispense it. Media reports showed long lines at South Florida gas stations until power was
gradually restored. By November I, 2005 over 700,000 customers still were without power. 10
Chapter 252, F.S., provides for Emergency Management in the State of Florida. Section 252.35,
F.S., provides for emergency management powers for the Division of Emergency Management.
Included in this section are provisions calling for the establishment of strategies for ensuring
sufficient, reasonably priced fueling locations along evacuations routes.
Section 252.38, F.S., provides for emergency management powers of political subdivisions.
Counties are required to establish an emergency management agency and develop and maintain
an emergency management plan and program consistent with the state emergency management
plan and program.
Section 526.303, F.S., provides definitions for the sale ofliquid fuels including the definitions
for motor fuels, retail outlet, sale, and terminal facility.
7 Florida SERT Hurricane Wilma Situation Report No. 20, October 26,2005.
8 Florida SERT Hurricane Wilma Situation Report No. 23, October 27,2005.
9 Florida Emergency Operations Center Media Release, October 27,2005
JOFlorida Emergency Operations Center Media Release, November I" 2005
BILL: CS/SB 528, 530 & 858
Page 4
III. Effect of Proposed Changes:
Section 1. This committee substitute bill creates s. 526.143, F.S., requiring certain motor fuel
dispensing facilities to have alternate generated power capacity in order to become operational
after a major disaster.
The bill requires that motor fuel terminal facilities and wholesalers as defined in s. 526.303, F.S.,
must be capable of operating their distribution loading racks using an alternate generated power
source. Facilities must be able to begin operation of safely usable loading equipment within 36
hours of a major disaster and must be capable of a minimum of 72 hours of operation thereafter.
Newly constructed or substantially renovated motor fuel retail outlets receiving a certificate of
occupancy after July I, 2006 are also required to have the capacity to operate with alternate
generated power. Substantially renovated is defined as a renovation that increases the assessed
value of the motor fuel retail outlet greater than 50 percent. A copy of the certificate of
occupancy and a written statement of periodic testing and ensured operational capability are
required to be maintained. Such documents must be furnished to the Division of Emergency
Management and the director of the county emergency management agency upon request.
Existing motor fuel retail outlets that are with Y2 mile proximate to an interstate highway or state
or federally designated evacuation routes are required to have the capacity to operate with
alternate generated power no later than December 31, 2006. Motor fuel retail outlets covered
under this requirement are designated according to the following criteria:
. County populations having 300,000 or more residents - Stations having 16 or more
fueling positions
. County populations having 100,000 or more residents but fewer than 300,000 - Stations
having 12 or more fueling positions
. County populations having less than 100,000 residents - Stations having 8 or more
fueling positions II
Installation of the required wiring and transfer switches necessary to provide alternate
operational capacity must be performed by a certified electrical contractor. A copy of the
documentation of such installation and a written statement of periodic testing and ensured
operational capability are required to be maintained by the outlet or its corporate headquarters.
Such documents must be furnished to the Division of Emergency Management and the director
of the county emergency management agency upon request.
This committee substitute bill specifies that the requirement applies to any self-service, full-
service, or combination thereof, motor fuel retail outlet regardless of its location on the grounds
of or ownership by a business not engaged primarily in the selling of motor fuel.
The bill provides an exemption for automobile dealers, persons who operate a fleet of motor
vehicles, or persons who sell fuel exclusively to a fleet of motor vehicles.
II Note _ A fueling position is considered to be the place where a single vehicle may be refueled. Fuel dispensers where
vehicles may be fueled simultaneously on either side of the stand are considered to be two fueling positions.
BILL: CS/SB 528, 530 & 858
Page 5
The bill provides a requirement for each corporation that owns or operates more than 10 motor
fuel retail outlets in a single county. The corporation must maintain one portable generator
capable of providing the required alternate generated power for every 10 outlets.
Section 2. This committee substitute bill establishes the Florida Disaster Motor Fuel Supplier
Program within the Department of Community Affairs. This program will allow motor fuel retail
outlets to participate in a network of emergency responders. These outlets will provide fuel to
government, medical, critical infrastructure, and other responders as well as the general public.
Participating businesses are required to be pre-certified by the Division of Emergency
Management or the director of the county emergency management agency. Pre-certification
requirements will be established by the Division or the county emergency management agency
by July 1, 2006.
Businesses that are pre-certified will be:
· Issued a State Emergency Response Team (SERT) logo decal identifying their program
participation
· Required to have the capability to dispense fuel to SERT members within 24 hours of a
major disaster
· In addition to SERT members, also able to choose to sell fuel to the general public or
may be directed to do so by emergency managers
· Able to request appropriate law enforcement personnel be provided on site to maintain
civil order during operating hours
· Able to request priority fuel re-supply. Such a request is not binding but shall be given
consideration by emergency management officials
· Eligible to receive a state tax credit of up to 25% of the purchase and installation value of
equipment necessary to meet certification requirements. The total tax credit may not
exceed $15,000 per single location
· Able to receive exemption from an imposed curfew in order to remain open and serve
emergency responders
The program provides for fuel purchasing priority for State Emergency Response Team
members. Persons engaged in emergency response, law enforcement, health care workers,
infrastructure repair workers, and government workers in critical services positions are all
considered SER T members. Such persons must be able to produce valid, officially recognized
documentation for priority fuel purchases and travel exemption during a curfew.
The Division of Emergency Management may adopt rules to administer the program. The
Division or the county emergency management agency may charge a fee to cover the cost of
program administration. Such fee shall not exceed actual administration costs.
Section 3. This committee substitute bill provides that regulation of alternate power sources at
motor fuel outlets be preempted to the state.
BILL: CS/SB 528, 530 & 858
Page 6
Section 4. The bill requires the Division of Emergency Management to complete an inventory of
generators owned by the state and local governments which are capable of operating during a
major disaster. The Division shall report the inventory by January 1, 2007 and shall maintain it
thereafter. The Division may keep a list of private entities, along with contact information, which
offer generators for sale or lease. Such a list shall be available to the public.
Section 5. This committee substitute bill requires the Energy Office of the Department of
Environmental Protection to review the situational progress in post-disaster motor fuel supply
distribution. The Department shall provide a report to the Legislature by March 1, 2007,
including information about statewide compliance with s. 526.143, F.S., and identification of all
stations participating in the Florida Disaster Motor Fuel Supplier Program.
Section 6. The bill provides for severability should any provision of the act be held invalid.
Section 7. The bill provides that the act shall take effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
V. Economic Impact and Fiscal Note:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
To engineer and pre-wire a gas station in compliance with this bill, installing the
appropriate generator wiring, coupling, and transfer switch is estimated by industry
representatives to cost approximately $4,000 per station. This cost would be borne by the
station owner. Options to power the station by portable generator include purchase and
guaranteed services contracts where a second party provides the generator, maintenance,
and servicing for a fee.
BILL: CS/SB 528, 530 & 858
Page 7
Costs for purchasing a generator are dependent on each individual application. As an
approximate general rule, standby generators cost $300 to $500 per kilo-watt. Thus a 20
KW standby generator would cost between $6,000 and $10,000. A 100 KW generator
would cost between $30,000 and $50,000.
The cost of a guaranteed services contract would be subject to many variables and is
unknown. However, it is likely to be considerably less than the cost of a purchased
generator.
Tax credits against sales tax collections would offset up to 25% of the overall cost of
equipment installation. Due to cost considerations and liability issues related to on-site
installation of generating equipment and fuel storage, it is expected that many locations
will do the wiring installation but not the whole equipment configuration relying instead
on contract services for provision of the generator and fuel re-supply.
c. Government Sector Impact:
This committee substitute bill provides authority to the Division of Emergency
Management and county emergency management agencies to establish rules for the
Florida Disaster Motor Fuel Supplier Program. The bill also provides for the
establishment of fees to administer the program. Such fees shall not exceed the cost of
program administration.
To the extent that fuel retail outlets participate in the program, there would be some loss
of sales tax revenue due to the tax credit for equipment installation. The tax credit would
not be retroactive and many businesses have already completed the installation process.
The bill requires the Division of Emergency Management to complete and maintain an
inventory of generators owned by the state and local governments which are capable of
operating during a major disaster. Additional funding for this purpose is not provided.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.
BILL: CS/SB 528, 530 & 858
Page 9
VIII.
Summary of Amendments:
None.
This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.
ORDINANCE NO. 736
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
ROY AL PALM BEACH, FLORIDA, AMENDING CHAPTER 26. ZONING.
AT ARTICLE IV. SUPPLEMENTAL REGULATIONS. BY REPEALING SUB-
SECTION 26-71(a). SCOPE. AND READOPTING IT IN ORDER TO
INCLUDE REGULA TrONS CONCERNING THE PROVISION OF
ESSENTIAL SERVICES DURING EMERGENCIES; ADOPTING AN
ENTIREL Y NEW SUB-SECTION (m) TO BE ENTITLED "EMERGENCY
GENERATORS REQUIRED FOR AUTOMOTIVE SERVICE STATIONS" IN
ORDER TO REQUIRE THE INSTALLATION OF SAME UNDER CERTAIN
CIRCUMSTANCES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 26. ZONING. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the Village Council desires to provide for modifications to supplemental
development regulations regarding the placement and operation of permanent emergency power
generators at automotive service stations which sell gasoline or other petroleum products since
the installation of such equipment has been deemed to be necessary for the continuation of
essential services during times when long-term power outages are experienced such as those
caused by the multiple hurricanes of 2004 and Hurricane Wilma of2005; and
WHEREAS, the Village Planning and Zoning Commission sitting as the Village=s Local
Planning Agency has reviewed these proposed revisions to Chapter 26. and has recommended
that these amendments to the Code be adopted by the Village Council; and
WHEREAS, the Village of Royal Palm Beach has held all required public hearings and
has provided public notice in accordance with applicable State statutes and Village ordinances;
and
WHEREAS, the Village Council desires to update its Zoning Code in order to provide for
clarification and for more orderly development and redevelopment of all lands within the Village
of Royal Palm Beach and has determined that the proposed revisions to Chapter 26. are
consistent with the Comprehensive Land Use Plan of the Village of Royal Palm Beach; and has
Page 1 of 3
further detennined that the proposed revisions to Chapter 26. are in the best interests of the
general welfare of the Village of Royal Palm Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF ROYAL PALM BEACH, FLORIDA, THAT:
Section 1: Chapter 26. Zoning. of the Code of Ordinances of the Village of Royal
Palm Beach is hereby amended at Article IV. Supplemental Regulations. at Section 26-71.
Perfonnance standards. by repealing Sub-section 26-71 (a).Scope. and readopting it along with an
entirely new Sub-Section 26-71 (m) to be entitled "Emergency Generators Required for
Automotive Service Stations"; providing that Section 26-71. shall hereafter read as follows:
Sec. 26-71. Performance standards.
(a) Scope. All uses and activities pennitted as of right, special exceptions, or special
penn it in any district shall confonn to the standards of perfonnance described
below and shall be constructed, maintained, and operated so as not to be injurious
or offensive to the occupants of adjacent premises by reason of the emission or
creation of noise, vibration, smoke, dust or other particulate matter, toxic or
noxious waste materials, odors, fire and explosive hazard, or glare; and/or so as
not to allow any non-pennitted use to occur on the property: and/or so as to be
ooerated in such a manner as will allow for the continuation of essential services
durine times of emereencies due to events such as hurricanes or other natural
disasters.
(b) - (1) [Shall remain the same as previously adopted.]
!m) Emerf!encv Generators - Reauired for Automotive Service Stations. All newlv
constructed automotive service stations which sell easoline or other oetroleum
oroducts shall have a oennanentlv installed emereencv eenerator. Existine
automotive service stations which sell easoline or other oetroleum oroducts shall
be reauired to install oennanent emereencv eenerators whenever such service
station is rebuilt after beine destroved to an extent of more than fiftv (50) oercent
of its assessed value or whenever a revised site olan for such service station is
submitted for aooroval which enlarees uoon or alters in anv wav the orieinal site
olan for that service station.
1 The emer enc enerators installed at automotive service stations
oursuant to this sub-section shall be sufficient to orovide the necessarv
Dower to orovide for easoline to be disoensed to the oublic durine oeriods
Page 2 of3
(2)
Section 2:
when the local Dower source has been disruDted or is unavailable. for
whatever reason. during: an emerg:encv event.
The Dermanent emerg:encv g:enerators installed at service stations are also
subiect to the noise standards and restrictions set forth in sub-section (b) at
Table I hereinabove.
Each and every other Section and Sub-section of Chapter 26. Zoning. shall
remain in full force and effect as previously enacted.
All Ordinances or parts of Ordinances in conflict be and the same are
Section 3:
hereby repealed.
Section 4:
Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5:
Section 6:
Specific authority is hereby granted to codify this Ordinance.
This Ordinance shall take effect immediately upon passage.
FIRST READING this 15th day of December, 2005.
SECOND AND FINAL READING this 5th day of January, 2006.
ATTEST:
VILLAGE OF ROYAL PALM BEACH
DAVID A. LODWICK, MAYOR
(Seal)
MARY ANNE GOULD, VILLAGE CLERK
H :\docs\Royal Palm Beach\Ordinances\Ord736-Sec26- 71-GasStatGen-05.doc
Page 30f3
FIRST READING
BEFORE THE CITY COMMISSION
CITY OF STUART, FLORIDA
ORDINANCE NO. 2066 - 06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART,
FLORIDA, ADOPTING REGULATIONS CONCERNING THE PROVISION
OF ESSENTIAL SERVICES DURING EMERGENCIES; PROVIDING FOR
EMERGENCY GENERATORS TO BE REQUIRED IN CERTAIN
LOCATIONS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE
DA TE; AND FOR OTHER PURPOSES.
* * * * * * * * *
WHEREAS, the City Commission desires to provide for modifications to supplemental
development regulations regarding the placement and operation of permanent emergency power
generators at businesses that sell gasoline and diesel fuel; and
WHEREAS, the City Commission desires to provide for modifications to supplemental
development regulations regarding the placement and operation of permanent emergency power
generators at buildings requiring elevators; and
WHEREAS, the installation of such equipment has been deemed to be necessary for the
continuation of essential services during times when long-term power outages are experienced
such as those caused by Hurricanes Frances and Jeanne in 2004, and Hurricane Wilma in 2005;
and
WHEREAS, the City of Stuart has held all required public hearings and has provided
public notice in accordance with applicable State statutes and City ordinances, and has further
determined that the proposed revisions are in the best interests of the general public welfare of
the City of Stuart.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF STUART, FLORIDA, THAT:
Section 1: Chapter VI, Development Design and Improvement Standards of the
Land Development Code of the City of Stuart is hereby amended at 6.00.03, Principles of
development design to read in its entirety as follows:
Ordinance No. 2066-06
Sec. 6.00.03.
Principles of development design.
The provisions of this chapter are intended to ensure functional and attractive
development. Development design shall first take into account the protection of natural
resources as prescribed in Chapter V of this Code. All development shall be designed
to avoid unnecessary impervious surface cover; and provide adequate access to lots
and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage,
and utilities on surrounding properties, and so as not to allow any non-permitted use to
occur on the property; and to allow for the continuation of essential services during
times of emergencies due to events such as hurricanes or other natural or man-made
disasters.
Section 2:
Chapter VII, Accessory Structures, Detached Accessory Dwelling Units
and uses of the Land Development Code of the City of Stuart is hereby amended at 7.01.00,
Accessory Structures, Detached Accessory Dwelling Units and Uses, by adding a new subsection
requiring an emergency electric generator under certain circumstances, to read in its entirety as
follows:
Sec. 7.01.06.
Emergency electric power generators; required.
A. Businesses that sell gasoline and diesel fuels.
1. All newly constructed businesses that sell gasoline or diesel fuel shall have a
permanently installed emergency electric power generator.
2. Existing businesses that sell gasoline or diesel fuel shall be required to install a
permanent emergency electric power generator whenever such business location is
rebuilt after being destroyed to an extent of more than fifty (50) percent of its
assessed value or whenever a revised site plan for such business is submitted for
approval which enlarges upon or alters in any way the original site plan for that
service station.
3. Existing businesses that sell gasoline and diesel fuel shall be required to provide
an electrical interconnection for a temporary emergency power generator(s), not
later than September 1, 2006. In lieu of this requirement, a permanently installed
electric power generator may be substituted.
4. Emergency power generators installed pursuant to this sub-section shall have
the capacity to provide at least the necessary power for gasoline and diesel fuel to
be dispensed to the public during periods when the local public power source has
been disrupted or is unavailable, for whatever reason, during an emergency event.
The building official shall determine sufficient capacity of the generator.
Page 2 of 5
Ordinance No. 2066-06
5. The permanent emergency generators installed pursuant to this sub-section are
subject to the noise standards and restrictions established by ordinance.
B. EmerGencv aenerators - required for buildinas that have elevators
1. All newly constructed buildings that have elevators, but not including those with
four f:lmily rosidences or less, shall have a permanently installed emergency electric
power generator to operate one or more elevators as required herein, and shall
provide an electrical interconnection for a temporary emerQency power Qenerator.
The size. type and location of the interconnection device(s) shall be specified by the
fire marshal.
2. Existing buildings that have elevators shall be required to install a permanent
emergency electric power generator whenever such building is rebuilt after being
destroyed to an extent of more than fifty (50) percent of its assessed value or
whenever a revised site plan for such building is submitted for approval which
enlarges upon or alters in any way the original site plan for that building.
3. Existing buildings that have elevators shall be required to provide an electrical
interconnection for a temporary emergency power generator, not later than
September 1, 2007. The size. type and location of the interconnection device(s)
shall be specified by the fire marshal. In lieu of addition to this requirement, a
permanently installed electric power generator may be substituted installed.
4. Permanent or temporary emergency power generators installed pursuant to this
sub-section shall have at least the capacity to operate every ono or more elevators
in the buildinQ or buildinQs, and adequate corridor and elevator lobby lighting, such
that everyone in the building may safely access and use an elevator during periods
when the local public power source has been disrupted or is unavailable, for
whatever reason, during an emergency ovent. The City of Stuart fire marshal
Inspector shall determine lighting and safety requirements herein. The building
official shall determine sufficient capacity of the generator.
5. The permanent emergency generators installed pursuant to this sub-section shall
be subject to all noise standards and restrictions established by ordinance.
6. It is the intent of the city commission that this section be broadly enforced so as
to enhance the public safety and public convenience. However. an administrative
variance may be Qranted by the development director. for hardship or other Qood
cause shown. where an existinQ structure. existinQ lot. or other material factor.
render it impossible or inordinately burdensome to renovate for the accommodation
of an emerQency Qenerator or a Qenerator interconnection.
Section 2:
hereby repealed.
All Ordinances or parts of Ordinances in conflict be and the same are
Page 3 of5
Ordinance No. 2066-06
Section 3: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 4: Specific authority is hereby granted to codify this Ordinance.
Section 5: This Ordinance shall take effect immediately upon passage.
FIRST READING this
day of February, 2006.
offered the foregoing Ordinance, and moved its
Commissioner
adoption. The motion was seconded by Commissioner
~ and upon being put
to a vote, the vote was as follows:
Aye Nay Absent
CAROL WAXLER, MAYOR
MARY HUTCHINSON, COMMISSIONER
JEFFREY KRAUSKOPF, COMMISSIONER
MICHAEL MORTELL, COMMISSIONER
ADOPTED on second and final reading this
day of
,2006.
ATTEST:
CHERYL WHITE
CITY CLERK
CAROL S. WAXLER
MAYOR
Page 4 of 5
Ordinance No. 2066-06
APPROVED AS TO CORREC1NESS
AND TO FORM:
PAUL J. NICOLETTI
CITY ATTORNEY
Page 5 of5
State Senate compromise won't force many gas stations to get generators
03/09/200606:56 AM
Sun-SentinelQCom
http://www.sun-sentinel.com/news/local/southflorida/sfl-fcane09mar09 .0 .5803203 .storv?coll=sfla -home-
headlines
State Senate compromise won't force many gas stations to get generators
By Mark Hollis
South Florida Sun-Sentinel Tallahassee Bureau
TALLAHASSEE -- State legislators say they haven't forgotten the long lines at gas
stations after last year's hurricanes, but they don't think the solution is forcing
station owners to buy expensive, backup power systems.
In an early compromise backed by gasoline retailers, a Senate committee on
Wednesday approved a plan that would require only companies with more than 10
gas stations in a county to have a generator.
Bill sponsors also said that instead of forcing retailers to buy generators, which can
cost as much as $65,000, retailers could borrow mobile generators to send where
they are needed most.
The compromise faces opposition because it blocks cities and counties from passing stricter local
ordinances, such as requiring all stations to have generators.
Several cities and towns in Broward, Miami-Dade and Palm Beach counties have been gearing up to
pass gas station generator mandates, according to Craig Conn, a lobbyist for the Florida League of Cities
who called the bill ' 'significantly flawed."
Pembroke Pines Mayor Frank Ortis told the Senate Domestic Security Committee that after Hurricane
Wilma struck in October, his community was brought to a standstill. "We need gas stations working to
help residents in these storms," Ortis said.
A House panel also discussed several bills dealing with generators at gas stations, but didn't bring them
to a vote.
Most of the bills before this year's Legislature leave it to gasoline retailers to cover the cost of
retrofitting stations and adding generators. State Rep. Carl Domino, R-Jupiter, has a bill that allows
state gas tax revenues to be used to cover a portion of the costs.
The compromise bill emerges after several weeks of behind-the-scenes negotiations with convenience
store operators and the petroleum industry and state Sen. Jeff Atwater, R-Palm Beach Gardens, and
Sen. Alex Diaz de la Portilla, who chairs the Senate Domestic Security panel.
, 'We're looking for a practical solution rather than a knee-jerk response," said Diaz de la Portilla,
arguing that it's unnecessary to require most gasoline stations to have generators on site.
Currently, many stations wouldn't be able to use generators even if they could get them because they
don't have the electrical wiring to switch their power off the main electric system to a generator.
http://www.sun_sentinel.com/news/local/southflorida/sfl-fcane09mar09.0.675348.print.s tory7coll = sfla-home-headl ines
Page 1 of 2
State Senate compromise won't force many gas stations to get generators
03/09/200606:56 AM
The Senate bill says only newly constructed or substantially remodeled stations and stations within a
'lalf-mile of interstates and evacuation routes would be required to retrofit their wiring so they could
,ccept backup power.
The bill contains no mandate that stations open their businesses after a hurricane or other emergency.
Legislators, analysts and industry officials were unable to say Wednesday how many stations would fall
under the mandate.
Max Alvarez, whose company owns at least 50 gas stations in Miami-Dade County, said' 'having a
generator at every location is a waste because that location may be [too damaged to open] after a
hurricane."
The Senate's plan also attempts to address the problem of power outages at terminals where fuel is
loaded into tanker trucks to be taken to gas stations. It would require such terminal facilities, like ones
at Port Everglades in Broward County, to be able to pump fuel on an alternate power source within 36
hours of a major disaster, unless it is damaged to the point where it wouldn't be safe.
Mark Hollis can be reached at mhollis@sun-sentinel.com or 850-224-6214.
Copyright @ 2006, South Florida Sun-Sentinel
http://WNW.sun_sentiner.com/news/local/southfloridajsfl-fcane09mar09.0.675348.print.story?c 011 = sfla -h ome-headli nes
Page 2 of 2
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
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 1,2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January] 7, 2006 January 3, 2006 (Noon) [2J March 2 1,2006 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 Unfinished Business
0 Announcement 0 Presentation
[2J City Manager's Report
RECOMMENDATION:
Review Mayor's Request for a Community-Based Visioning Process
EXPLANA TlON: Mayor Taylor has asked that the City Commission consider the City coordinating a process very
similar to the successful Visions 2020 program completed in 1998. That program began in 1996 and included a community
visioning session that year. The goal would be to update that document or replace it with a contemporary view of the City and
its environs. The Visions 2020 program was preceded by the creation of an assembly steering committee that performed the
following basic functions:
I. Identified key areas of interest for the visioning process.
2. Developing a list of conference participants designed to provide diverse community representation.
3. Reviewing an issues paper prepared by an outside facilitator.
4. Assistance in obtaining additional funding to support the endeavor, as needed.
The steering committee (15 members) was comprised from the following areas:
I. Community/civic and religious organizations
2. Family/youth interests
3. Homeowner/neighborhood associations
4. Large and small local businesses
5. Public sector/non-profit agencies/advisory boards
6. Recreational and cultural interests.
In 1996, the process was facilitated by the Florida Institute of Government at Florida Atlantic University.
PROGRAM IMPACT: The visioning process will assist the City develop programs and activities that are beneficial to the
Boynton Beach community. The effort will also serve as a good underpinning of the City's and CRA land use and
development initiatives.
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: $50,000 estimated cost based on 100 persons participating in facilitated retreat process at
approximate cost of$25,000. Funds may be available from Palm Beach County and private organizations. In addition, there
are funds in the City Budget for strategic planning ($15,000).
ALTERNATIVES:
Continue without update of community visioning plan and rely on published documents and plans.
Department Head's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Boynton Vision 20/20 Assembly Steering Committee
Robert Hill
Steering Committee Chair
CEO, Bethesda Memorial Hospital
Bob Taylor
Steering Committee Vice Chair
Vice President, Finance-Treasurer, Bethesda Memorial Hospital
Hank Ackermann
Pastor, Congregational United Church
of Christ
Stuart AdeIkoff
Boynton Beach
James Darst
Asst. Vice President, Republic Security
Bank
. Ginny Foot
The An of Framing
Mike Friedland
President, Boynton Beach Jewish
Center Beth Kodesh
Angela Girtman
Chair, Advisory Board on Children and
Youth
Keturah Lee
Member, Advisory Board on Children
and Youth
Gary Lehnertz
Staff Programmer, IBM
Bill Lynch
President, Boynton Leisureville
Homeowners Association
Art Matthews
Owner, Rainbow City Grocery Store
Lena Rahming
Chairperson, Boynton Beach Black
Awareness Committee
HOward Solomon
Century 21 Home Showcase
Jamie Titcomb, Commissioner
President, James Titcomb Creative,
Inc.
Debbie TomeIIo
Member, Boynton Beach Code
Enforcement
Ron Tufo
Training Manager, Motorola Paging
Products Group
BOYNTON BEACH VISION 20/20:
PLANNING' OUR FUTURE
SPONSORS
City of Boynton Beach
Palm Beach County
Bethesda Memorial Hospital
Barnett Bank
BellSouth
Columbia JFK Medical Center
,
Delray Community Hospital
Greater Boynton Beach Chamber of Commerce
Hunters Run Golf and Racquet Club
James Titcomb Creative, Inc.
Mouw Associates, Inc.
SunTrust Bank, South Florida, N.A.
Florida Power and Light Co.
Hardrives, Inc.
Karl Corporation
Kilday & Associates, Inc.
The Art of Framing, Inc.
BankBoynton, F.S.B.
Boynton Leisureville Community Association
Boynton Beach Rotary
Fidelity Federal Savings Bank
Friends of the Boynton Beach Library
Marriott Senior Living Services, Brighton Gardens
Republic Security Bank
BOYNTON BEACH VISION 20/20: PLANNING OUR FUTURE
May 2 - 4, 1996
Indian River Plantation, Hutchinson Island
ATTENDEES
Henry F. Ackermann
Pastor ,
Boynton Beach Congregational Church
115 N. Federal Highway
Boynton Beach, FL 33435
Michael Bottcher
Board Member, Boynton Beach
Chamber of Commerce
148 S.W. 24th Avenue
Boynton Beach, FL 33435
ChanelJe Bowdry
Student
P.O. Box 3988
Boynton Beach, FL 33424
Jose Aguila
Architect
800 S.W. 1st Court
Boynton Beach, FL 33426
Simon Albery
Pastor, New Jerusalem Church
124 South Dixie Highway
Lantana, FL 33462
Conrad Braaten
Pastor, Ascension Lutheran Church
2929 S. Seacrest Boulevard
Boynton Beach, FL 33435
Chris Allen
401 North Seacrest Blvd.
Boynton Beach, FL 33435
Fawn Bradley
Project Director
"I Have a DreamY Foundation
550 Miner Road
Boynton Beach, FL 33426
Leonard Aremka
Chair, Boynton Leisureville Blood Bank
1919 S.W. 17th Avenue
Boynton Beach, FL 33426
Matthew Bradley
Commissioner, City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Bruce Black
Area Trainer, The Home Depot
229 SW 1 st Avenue
Boynton Beach, FL 33435
Dagmar Brahs
Vice President
Coalition of Boynton West
Residential Association, Inc.
6655 O'Hara Avenue
Boynton Beach, FL 33437
Kenneth Blair
Me~~tion Advisory Board
825 Ocean Inlet brive
Boynton Beach, FL 33435
Gerald F. Broening
President, Inlet Cove Association
820 North Road
Boynton Beach, FL 33435
Don Finton
President, Finton Construction Co., Inc.
214 S.E. 7th Avenue
Boynton Beach, FL 33435
Calvin Cearley
President and CEO
Prime Bank
211 South Federal Highway
Boynton Beach, FL 33435
Ginny Foot
President, The Art of Framing
638 E. Ocean Avenue
Boynton Beach, FL 33435
Anne Camille Centl
Chair, Education Advisory Board
502 S.E. 5 Circle, #11 B
Boynton Beach, FL 33434
Roy Fraker
Professional Consultant
P.O. Box 3978
Boynton Beach, FL 33424
Frances Cleary .
Sterling Village Condo Ass'n, Inc.
850 Horizons East, #208
Boynton Beach, FL 33435
Glenn Francis
Distribution Manager
Publix Supermarkets, Inc.
5500 Park Ridge Blvd.
Boynton Beach, FL 33426
Joy Currier
Member, Community Relations Board
449 S.W. 4th Avenue
Boynton Beach, FL 33435
Christiane Francois
Secretary, Prime Plaza, Inc.
115 South Federal Hwy.
Boynton Beach, FL 33435
James Darst
Asst. Vice President
Republic Security Bank
1301 N. Congress Avenue, Suite 100
Boynton Beach, FL 33426
Patricia Frazier
Planning and Development Board
2866 S.W. 8th Street
Boynton Beach, FL 33435
Alexander DeMarco
1017 Quail Covey Road
Boynton Beach. FL 33436
Mike B. Friedland
President, Boynton Beach Jewish Center
Beth Kodesh
330 N.E. 26th Avenue
Boynton Beach, FL 33435
Ralph Dlaz
Financial Consultant
415 S.W. 4th Avenue
Boynton Beach. FL 33435
Barkley Garnsey
President, Sea Mist Enterprises
700 Casa Loma Boulevard
Boynton Beach, FL 33435
Stanley Dube
Chair, Planning and Development Board
2734 Cranbrook Drive
Boynton Beach, FL 33436
Angela Girtman
Chair, Child and Youth Advisory Board
1920 N.E. 1st Lane.
Boynton Beach, FL 33435
Blanche Girtman
Member, Community Relations Board
P.O. Box 1552
Boynton Beach, FL 33425
Kenneth Kaleel, Esq.
555 N. Congress Avenue, Suite 302
Boynton Beach, FL 33426
Patti Hammer
52 G Stratford Lane
Boynton Beach, FL 33436
Walter KJes
Boynton Leisureville Community
Association
2109 S.W. 22nd Street
Boynton Beach, FL 33426
Bob Harper
28 Via Lago
Boynton Beach, FL 33435
Keturah Lee
Member, Advisory Board on Children
and Youth
136 S.E. 13th Avenue
Boynton Beach, FL 33435
Jeanne Heavilin
Century 21/Clarke & O'Shea Realty
P.O. Box 3693
Boynton Beach, FL 33424-3693
Barry Hill
Member, Planning and Zoning Board
612 SW 1st Street
Boynton Beach, FL 33435
Robert B. Hill
CEO, Bethesda Memorial Hospital
2815 South Seacrest Boulevard
Boynton Beach, FL 33435
Reverend R. M. lee
St. John Baptist Church
407 N.W. 9th Avenue
Boynton Beach, FL 33435
Gary Lehnertz
Staff Programmer, IBM Corporation
619 S.W. 2nd Avenue
Boynton Beach, FL 33426
Micheline Many
217 S.E. 3rd Street
Boynton Beach, FL 33435
Dan Holthouse
650 Costilla Lane
Boynton Beach, FL 33435
John Martin
Vice President, Smith Barney, Inc.
75 North Federal Highway, 101
Delray Beach, FL 33483
Andrea K. Horne
General Manager, Boynton Beach Mall
801 N. Congress Avenue, Suite 295
Boynton Beach, FL 33426
Art Matthews
Owner, Rainbow City Grocery Store
1919 N. Seacrest Blvd.
Boynton Beach, FL 33435
Mary McCarty
Palm Beach County Commissioner
District #4
301 N. Olive Avenue, 12th Floor
West Palm Beach, FL 33401
Shirley Jaskiewicz
Vice Mayor, City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Myra Jones
311 N.W. 4th Avenue
Boynton Beach, FL 33435
Herbert Kahlert
President, Karl Corporation
3210 Palm Drive
Delray Beach, FL 33483
Eddie Mitchell
Member, Advisory Council on
African American Affairs
329 N.E..12th Avenue
Boynton Beach, FL 33435-3120
Brian Proffit
President, Visionary Research
2706 SW 4th Street
Boynton Beach, FL 33435
Gene Moore, Esq.
Chairman of the Board, BankBoynton
639 E. Ocean Avenue, Suite 409
Boynton Beach, FL 33435
Lena Rahming
Chair, City of Boynton Beach
Black Awareness Committee
909 N.E. 3rd Street
Boynton Beach, FL 33435
Steve Myott
Royal Palm Village Neighborhood
2657 NE 4th Street
Boynton Beach, FL 33435
James Reed
2458 Cranbrook Drive
Boynton Beach, FL 33436
Stormet C. Norem
Owner, Boynton Memorial Chapel
800 W. Boynton Beach Blvd.
Boynton Beach, FL 33426
Maurice Rosenstock
Member, Planning and Development Board
1 Villa Lane
Boynton Beach, FL 33436
Steven Olley Scott
Owner, Lucille & Otley's Restau rant, Inc.
1021 S. Federal Highway
Boynton Beach, FL 33435
Margaret Newton
Vice Chairwoman, Education Advisory
Board
701 N.W. 4th Street
Boynton Beach, FL 33435
Bobbi Oppenheimer
Chair, Ubrary Board
62-C Eastgate Drive
Boynton Beach, FL 33436
Kathy Shabotynskyj
President, Greater Boynton Beach
Chamber of Commerce
639 E. Ocean Avenue
Boynton Beach, FL 33435
Harvey E. Oyer, Jr.
Harvey E. Oyer Jr., Inc.,
P.O. Box 507
Boynton Beach, FL 33435
Marie Shepard
President, Boynton Beach Women's Club
140 W. Ocean Avenue
Boynton Beach, FL 33435
Lloyd Powell
Executive, Alpine Florist
P.O. Box 700
Boynton Beach, FL 33425-0700
Dave Showalter
Vice President, SunTrust Bank, South
Florida
315 S. Federal Highway
Boynton Beach, FL 33435
I. Rita Simmons
Parent/Child Service Coordinator
Boynton Community Ufe Center
239 N.E. 13th Avenue
Boynton Beach, FL 33435
Andy Plucinski
Sales Manager
Waste Management of Palm Beach
651 Industrial Way
Boynton Beach, FL 33426
Candace Smith
Vice President, NationsBank
289 N. Congress Avenue
Boynton Beach, FL 33426
Dorothy Walker
Member, Advisory Council on
African American Affairs
707 N.W. 3rd Street
Boynton Beach, FL 33435
Henrietta Solomon
Village Royale on Green
230 N.E. 26th Avenue
Boynton Beach, FL 33435
Jim Warnke
617 Lakeside Harbor
Boynton Beach, FL 33435
Stacy Stephens
Family Comm. Coordinator
MAD DADS of Greater Delray Beach
715 N.W. 4th Street
Boynton Beach, FL 33435
Tom Warnke
Regional Manager, Costa Del Mar
Sunglasses
625 Lakeside Harbor
Boynton Beach, FL 33435
Melvyn Sternbach
President and Director
Citrus Glen Men's Club
222 Citrus Trail
Boynton Beach, FL 33436
C. Stanley Weaver
Secretary- Treasurer-Owne r
Cypress Creek Country Club
9400 Military Trail
Boynton Beach, FL 33436
Gerald S. Taylor
Mayor, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Betty Ann Welch
President, Friends of the
Boynton Beach Ubrary
636 West Ocean Avenue
Boynton Beach, FL 33426
Robert B. Taylor
Vice President-FinancelTreasurer
Bethesda Memorial Hospital
4 Via Lago
Boynton Beach, FL 33435
Sarah Williams
Chairperson, Martin Luther King Committee .
1331 S.W. 27th Avenue
Boynton Beach, FL 33426
Bill R. Winchester
P.O. Drawer 1240
Boynton Beach, FL 33425
Betty M. Thomas
Chairperson, Recreation
and Parks Board
331 S.W. 11th Avenue
Boynton Beach, FL 33435
Lee Wlsche
Member, Planning and Development Board
1302 S.W. 18th Street
Boynton Beach, FL 33426
Henderson nllman
Commissioner, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Jim Zengage
President, Southern Development Services
2499 Glades Road
Boca Raton, FL 33431
Jamie Titcomb
Commissioner, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
.c~.\.,:. ~?~!:-.
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)c1I. - LEGAL
ITEM A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Corrnnission 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 ]4,2005 (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)
0 January 3, 2006 December ]9,2005 (Noon) 0 February 28, 2006 February 2], 2006 (Noon)
0 January] 7, 2006 January 3, 2006 (Noon) rgJ 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 rgJ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation .~--")
.. ...(
0 City Manager's Report -----,,-"'-
--::;,.
--:'"~
~.~.~
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission approved this request on February 21,2006 under Pub1~
Hearing, and Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Departmei}!.~
Memorandum No. PZ 06-006.
:.:~)
~~~ i:;~
-.:-; :.:;..
. "C)
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Southern Dance Studio (ANEX 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request to annex subject property.
DESCRIPTION
PROGRAM IMPACT:
FISCAL IMP ACT:
AL TERNA TIVES:
Develop e
kdk" ~
Planning an Zo~g lrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Southem Dance Theatre\ANEX\Agenda Item Request Southern Dance Studio ANEX 06-006 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-D I~)
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, ANNEXING 0.92+/- ACRES OF
5 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 SEP ARA TE 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 Southern Dance Theatre, Inc., owner, by and through their agent,
23 Miller Land Planning Consultants, Inc., of the property more particularly described
24 hereinafter, have heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of
25 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
26 certain tract ofland consisting of approximately 0.92+/- 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 I, 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\Annexations\Annexation - Southern Dance.doc
1
1 annexation, constitute a reasonably compact addition to the City territory.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
That each and every Whereas clause is true and correct.
5
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
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 The south 128.5 feet of tract forty-eight (48) of section nineteen (19),
10 Township 45 south, Range 43 east, as recorded in the office of the clerk of
11 the circuit court of Palm Beach County, Florida, in Plat Book 7, Page 19
12
13 CONTAINING APPROXIMATELY 0.92+/- ACRES OF LAND
14
15 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
16 and become part of the City with the same force and effect as though the same had been
1 7 originally incorporated in the territorial boundaries thereof.
18
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton
19 Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
20 particularly described in Section 2 ofthis Ordinance.
21
Section 4:
That by Ordinances adopted simultaneously herewith, the
22 proper City zoning designation and Land Use category is being determined as contemplated
23 in Section 171.162(2), Florida Statutes.
24
Section 5.
All ordinances or parts of ordinances in conflict herewith are
25 hereby repealed.
S:\CA 10rdinances\PJanning\Annexations\Annexation _ Southern Dance.doc
2
1 Section 6: Should any section or provision of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
3 affect the remainder of this Ordinance.
4
Section 7:
This Ordinance shall not be passed until the same has been advertised
5 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
6 Beach, 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.
This ordinance, after adoption, shall be filed with the Clerk of the
9 Circuit Court of Palm Beach County, Florida.
11
FIRST READING this;;?& day of Ht?vltl/JiCA-/ ,2006.
I
SECOND, FINAL READING and PASSAGE this ~ day of
,2006.
10
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29
30 City Clerk
31
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Annexations\Anncxation - Southern Dance.doc
3
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
location:
Parcel Size:
exIstIng land Use:
ExIsting Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING a ZONING DIVISION
MEMORANDUM NO. PZ 06-006 .
STAFF REPORT
ChaIr and Members
Planning and Development Board
Hanna Matras
Planner tl./
Michael W. Rumpf f'l\)'
DIrector of PlannIng and ZonIng
January 5, 2006
Southern Dance Theatre
ANEX 06-001 & lUAR 06-001
To annex the property; to amend the Future land Use
designation from the Palm Beach County's CH/8 (Commercial
High IntensIty with underlying High ResIdential 8) to LRC (local
Retail Commercial) and rezone from Palm Beach County's
Agricultural Residential (AR) to Community Commercial (C-3).
PROJECT DESCRIPTION
Southern Dance Theatre, Inc., Penn! A. Greenly, Managing
Member
Southern Dance Theatre, Inc./Mfller land Planning Consultants,
Inc.
1203 Knuth Road (exhIbit "A")
:f:0.92 acres
0i/8 (Palm Beach County)
AR (Palm Beach County)
lRC (local Retail Commercial)
C-3 (Community Commerdal)
Recreational Instruction/Commercial Retail
File Number: LUAR 06~OOl-ANEX 06-001
Southern Dance Theatre
Adjacent Uses:
North:
South:
Developed commercial property (Stor All), designated OC
(Office Commercial) and zoned C-1 (Office ProfeSSional).
Developed commercial property (Walmart Supercenter's
retention pond) designated LRC (Local Retail Commercial)
and zoned C-3 (Community Commercial).
East:
Developed commercial property (Walmart Supercenter's
parking lot) designated LRC (Local Retail Commerdal) and
zoned C-3 (Community Commercial).
West:
Right-of-way of Knuth Road, then a property In
unincorporated county developed with a single-family home
with the Palm Beach County's land use designation of High
Residential 8 and the Countyrs zoning of AR (Agricultural
Residential).
EXEcunVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request is consistent with the objectives of the City's annexation program;
2. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
3. The proposed zoning is generally compatible with adjacent land uses;
4. The Impacts on public infrastructure and services are not significant and can be
accommodated with the existing capacity;
S. Although the request Is not consistent with two Comprehensive Plan polldes, the said
polldes have been examined and, given the time elapsed since the underlying studIes,
deemed no longer relevant; and
6. The application meets review criteria as required by the Land Development Regulations.
PROJECT ANALYSIS
The subject parcel totals :i: 0.92 acres. Because of the size of th~ property, the Rorlda
Department of Community Affairs dasslfles this amendment as a "small scale" amendment. A
"small-scale" amendment Is adopted prior to forwarding to the florida Department of
Communty Affairs and Is not reviewed for compliance with the state and regional plans prior to
adoption.
2
,./le Number: WAR 06-001-ANEX 06-001
Southern Dance Theatre
The parcel, at present vacant, has a county's land use designation of Oi/S, Commercial HIgh
wIth an underlyIng resIdentIal density of 8 units per acre (the property's zoning of AgrIcultural
Residential Is Inconsistent With the Oi/S land use). The HCfS designation, which encompasses
communIty and regIonal commercIal I.and uses, allows for a higher commercial development
intensIty than the requested cfty's land use of Local Retail CommerclaJ: a maxImum FAR (floor-
area ratIo) of 0.85 (dependIng on the zoning dIstrict, and with an exception up to 1.0) as
Opposed to a maxImum FAR of 0.5 for the cIty's local Retail CommercIal. At the other hand, the
CHIS underlyIng resIdential densIty of 8 dwellings per acre Is lower than the permitted
maxImum of 10.8 dwelling units per acre In LRC. Therefore, the overall Intensities of land uses
permItted under the current county's CH/8 and the proposed city's LRC designatIons are
comparable.
The crfterla used to review ComprehensIve Plan amendments and rezonlngs 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 requirement that all new residential
developments of more than 50 units, which are located in the Humcane Evacuation
Zone, will provide continuing information to res/dents 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 review of the proposed land use amendment against the City of Boynton Beach
Comprehensive Plan focuses on two policies in the land Use Element whIch discourage all
changes of land use and zoning that would bring additional commercial Uses. These are:
Polity 1.17.1 The Oty shall conUnue 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 1.19.6 the aty shall not ai/ow commercial acreage which Is greater than the
demand whIch has been projecte~ unless It can be demonstrated that the
addItional commercial acreage would not requIre the proportion of
commercial aaeage on the Gty's Future Land Use Map to exceed the
proportion of commercIal acreage on the Palm Beach County Future Land
Use Map. the aty shall not allow commercial unless a PBrtlcular property Is
unsuitable for other uses, or a geographIc need exIsa whIch cannot be
fulfflled by existing commercially-zoned property, and the COmmerdal use
would comply with a/l other applIcable comprehensive plan poIldes.
3
File Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflIcts;
the relevance of this Issue In the context of the proposed amendment will be addressed In the
next section. The foundation of policy 1.19.6 Is the commerdal demand analysis performed In
1989. Clearly, market conditions have changed, and so have the city's Ideas about Its future. In
particular, concerns about depleting the residential land Inventory through re-deslgnatlons to
commercial or Industrial uses lost some of Its validity as Increased densities In many locations
can accommodate population growth. Moreover, commercial uses create employment and,
since their demand for city's seNlces Is lower than the demand generated by residential uses,
they contribute significantly to the tax base and their net fiscal Impact Is always positive.
There are no other Comprehensive Plan policies applicable to the proposed amendment.
However, protection of residential neighborhoods, the chief Intent of the above mentioned
Policy 1.17.1( Is further reflected In a recommendation contained In Section VIII of Land Use
Problems and Opportunities of the Future Land Use Support Document. This sectlon( Initially
adopted Into the Comprehensive Plan with the objective of directing development and
redevelopment activities In nine (9) planning areas within the city, has at present advisory
purpose. Nonetheless, since the said recommendation and Polley 1.17.1 share the same
premise, and, moreover, the recommendation pertains specifically to the future land use of the
subject parcel, staff will bring It to address the Issue of potential land use conflicts In the
context of the proposed rezoning.
The subject property Is located in planning area 7f. The recommendation reads:
7.f. Incorporated and Unincoroorated Parcels Bounded bv Congress Avenue, Old
Bovnton Road Knuth Road and L.IrY.D,D. [-24 Canal
(..) In order to minimize land use conflicts with the residential land uses which
lie to the west; those parcels which abut the east side of Knuth Road should be
placed in the Office Commercial land use category. The City should require that
commerdal development of these properties indudes the provision of adequate
buffers to protect the resIdential land uses whIch lie to the west High Density
Residential or mixed-use residential and commercial development should be
considered to be an altemative land use/ if roadway capadty proves to be a
problem. Residential densities up to 10,8 dwelling units per acre would be
permItted in this case.
The requested land use category of Local Retail Commercial allows for a higher Intensity
commercial development than the above recommended use of Office Commercial. A request for
the latter category would entail the C-2 neighborhood commercial zoning district, which permits
the proposed use of recreational Instruction, but restricts gross floor area of such uses to 5,000
square feet. Since the Instruction component of the proposed project Is planned at
approximately 8,000 square feet (the site plan Is being processed concurrently), the LRC land
use designation and C-3 zoning district, which allows the use without restrictions, Is needed to
accommodate the request.
The C-3 Community Commercial DIsb1ct does permit a number of Intensive retail commercial
uses. However, the subject parcel, given Its poor visibility and accessibility, Is an unsuitable
location for such uses. It can also be argued that the magnitude of potential land- use Impacts
upon the residential uses along the west side of Knuth Road would be limited by both the parcel
size and the pattern of residential developments. Of these developments, the Village of
4
File Number: WAR 06-001-ANEX 06-001
Southern Dance Theatre
Oakwood West condominium located on the south-west corner of Boynton Beach Boulevard
and Knuth Road has no access from Knuth Road and a setback of approximately 80 feet and
the assisted living facility HCR Manor Care located to the north-west of the subject property has
access from Knuth Road but Its setback from the road Is over 330 feet. In tenns of potential
land use conflicts, the main concern Is thus two lots located dIrectly west from the SUbject
parcel, both currently In unincorporated county and classified High Resldentlaf 8. One Is
currently vacant, while the other Is developed with a slngle-famlfy home and has recently been
purchased by a commercial entity. The parcels can potentially be assembled and redeveloped
with a multifamily residential use.
Finally, the applicant has agreed to a deed restrict/on limiting uses of the subject parcel If
deemed necessary.
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 protect/on of the public welfare.
The proposed rezoning would not constlMe a grant of special privilege to the property owner.
It would not be contrary to the established land use pattern, as the adjacent Walmart property
is similarly classified, but its potential relatedness to the surrounding land uses is limited,
primarily by the property's small size and limited accesslbl/lty.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Favorable real estate market condItions continue to provIde strong development and
redevelopment incentives. Since the property is being annexed, it must be assIgned the Oty of
Boynton Beach land use and zoning desIgnations. If the property were to remain withIn the
county, any development proposal wIth the possIble exception of a single-family home would
also trigger rezonIng, due to the inconsIstency between the current land use and zoning district.
d Whether the proposed use would be compatible with utility systems, roadways, and
other public fadlities.
Since the proposed land use desIgnation of Local Retail Commerdal has a potential Intensity
comparable to the current county designation, there would be no change to potential Impacts
on road facilities. In this situation, no long-term traffic analysis Is required by the county. Traffic
concurrency analysis, which evaluates the project's conformance with the County's Traffic
Performance Standard Ordinance, has been submitted and wllf be revised as part of the site
plan review.
The Utility Department staff has advised that the sufficient potable water and sewer capacity
exists to serve the property at the proposed zoning. Ukewlse, aCCOrding to the Are Department
there are no capadty Issues In meeting the demand for fire and rescue services geI1erall!d by
uses permitted under the proposed zoning. The soon-to-be completed Are Station #2 on
Woolbright Road Is located about 1.25 mile away from the subject property.
The Police Department staff Indicated that the capacity exists to provfde adequate selV/ce to all
uses for the proposed zoning.
5
File Number: LUAR 06-001-ANEX 06-001
Southern Da nee Theatre
e. Whether the proposed rezonIng would be compatible with the CUlTent and future
use of adjacent and nearby propertIes, or would affect the property values of
adjacent or nearby properties.
The prcposed rezoning would not create significant land use conflicts with the current and
future uses of adjacent and nearby properties (for compatibility discussion, see criterion 'a'). It
would therefore be highly unlikely for the proposed rezoning to affect the property values of
adjacent properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The property Is being annexed and must be assigned the City of Boynton Beach land use and
zoning district. It Is not economically developable under the existing Palm Beach county zoning.
Its only possible use would be a single family home, clearly not the highest and best.
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 scale of the proposed rezoning is small; it has no Impact on the city as a whole. As stated
In 'dr, its potential relatedness to the surrounding land uses and therefore to the needs of the
neighborhood Is limited.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
This criterion pertains mainly to rezonings within the city's boundary. The subject property is
being annexed and therefore would require a City of Boynton Beach land use classification and
zoning district.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request Is consistent with the objectives of the City's annexation
program; the proposed zoning Is generally compatible with adjacent land uses; and the Impacts
on public Infrastructure and services are not significant and can be accommodated with the
existing capacity. Finally, although the request Is not consistent with two Comprehensive Plan
pollc1es, the said polldes have 'been examined. and, given the time elapsed since the underlying
studies, deemed no longer relevant. Therefore, staff recommends that the subject request be
approved. If the Planning and Development Board recommends or the City Commission
requires conditions, they will be Included within exhibit \\B".
S:\PlaMlng\SHAREO\WP\pROJECTS\Southem Dance Theatre\lUAR\STAfF REPORT S Dance Theatre.doc
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LOCATION MAP
. Southern Dance Theatre: ANEX 06-001 and LUAR 06-001
I:Jt"'BfT A
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BOYNT~ )N BEACH BLVD
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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.) D February 7, 2006 January 17,2006 (Noon)
0 December 20, 2005 December 5, 2005 (Noon) 0 February 2] , 2006 February 6, 2006 (Noon)
0 January 3, 2006 December 19,2005 (Noon) D February 28, 2006 February 21,2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) [g/ 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 [g/ Legal
0 Bids 0 Unfmished Business C-)-~
0 Announcement 0 Presentation . ~--
0 City Manager's Report ,-,-j
c./
RECOMMENDA TlON: Please place this request on the March 21, 2006 City Commission Agenda und,er ... ==
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing altd Legal;=:
Ordinance - First Reading on February 21,2006. For further details pertaining to the request, see attached Dep~ent:~,::
Memorandum No. PZ 06-006. C::J ,~: ,::;.:;
[~" '-. />
.C)
::c
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
Southern Dance Studio (LUAR 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request to amend the Comprehensive Plan Future Land Use Map from Commercial High
Intensity (CHl8) (Palm Beach County) to Local Retail Commercial (LRC).
DESCRIPTION:
Proposed use:
Recreational instruction and commercial/retail, totaling 10,000 square feet
.
PROGRAM IMPACT:
FISCAL IMPACT:
AL TERNA TlVES.
/v.J~.
Planning and Zo irector City Attorney / Finance / Human Resources
S:\PJanning\SHARED\WP\PROJECTS\Southern Dance Theatre\LUAR\Agenda Item Request Southern Dance Studio LUAR 06-006 amend 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-0 r7
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 O'VNED BY SOUTHERN DANCE THEATRE, INC.,
8 AND LOCATED ON THE EAST SIDE OF KNUTH
9 ROAD APPROXIMATELY 495 FEET SOUTH OF OI~D
10 BOYNTON ROAD (1203 KNUTH ROAD); CHANGING
11 THE LAND USE DESIGNATION FROM PALM BEACH
12 COUNTY (CH/8) TO LOCAL RETAIL COMMERCIAL
13 (LRC); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida has adopted
1 7 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element of a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission finds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section I: The foregoing WHEREAS clauses are true and correct and incorporated
3 0 herein by this reference.
S,\CA\Ordinances\Planning\Land Use\Southern Dance.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the east side of
4 Knuth Road approximately 495 south of Old Boynton Road (I 203 Knuth Road) in Boynton
5 Beach, Florida shall be changed from Palm Beach County (CHl8) and shall now be
6 designated as Local Retail Commercial (LRC):
7 The south 128.5 feet oftract forty-eight (48) of section nineteen (I 9),
8 Township 45 south, Range 43 east, as recorded in the office of the
9 clerk of the circuit court of Palm Beach County, Florida, in Plat Book
10 7, Page 19
11
12
13 Subject to easements, restrictions, reservation and rights of way of record.
14
15
16 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
1 7 Future Land Use Plan sha11 be amended accordingly.
18 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
19 Section 5: Should any section or provision of this Ordinance or any portion thereof be
20 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
21 remainder of this Ordinance.
22 Section 6: This Ordinance shall take effect on adoption, subject to the review, cha11enge,
23 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
24 Land Development Regulation Act. No party shall be vested of any right by virtue of the
25 adoption of this Ordinance until a11 statutory required review is complete and all legal challenges,
26 including appeals, are exhausted. In the event that the effective date is established by state law or
27 special act, the provisions of state act sha11 control.
S:\CA\OrdinanceS\Planning\Land Use\Southern Dance.doc
1
. ~)J /--
FIRST READING thIS cX/-ST day of T.t"yt't-fC1.JC.-i,,-J
- /
,2006.
2
SECOND, FINAL READING and PASSAGE this ~~__ day of __~_~_' 2006.
3
CITY OF BOYNTON BEACH, FLORIDA
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
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land use\Southern Dance.doc
/-...t
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DMSION;
MEMORANDUM NO. PZ OS-006
STAFF REPORT
TO:
ChaIr and Members
Planning and Development Board
FROM:
Hanna Matras
Planner t(..;
[tu:
Michael W. Rumpf .
Director of PlannIng and Zoning
THROUGH:
DATE:
PROJECf NAME/NUMBER:
January 5, 2006
Southern Dance Theatre
ANEX 06-001 & lUAR 06-001
REQUEST:
To annex the property; to amend the Future land Use
designation from the Palm Beach County's CH/B (Commerdal
High Intensity with underlyIng HIgh Residential B) to lRC (local
Retafl Commercial) and rezone from Palm Beach County's
Agricultural Residential (AR) to Community Commerdal (C-3).
PROJECT DESCRrPnON
Property Owner:
Southern Dance Theatre, Inc., Pennl A. Greenly, Managing
Member
Applicant:! Agent:
Southern Dance Theatre, Inc./Mlfler land Planning ConSUltants,
Inc.
Location:
1203 Knuth Road (Exhibit "A")
Parcel SIze:
:1:0.92 acres
ExIsting land Use:
exIsting Zoning:
otis (Palm Beach County)
AA (Palm Beach County)
LRC (local Retail Commerdal)
C-3 (CommunIty Commerclal)
Recreatfonal Instructfon/Commerclal Retail
Proposed land Use:
ProPOsed Zoning:
ProPOSed Use:
tile Number: LUAR 06-o01-ANEX 06-001
Southern Dance Theatre
Adjacent Uses:
North:
East:
Developed commercial property (Stor All), designated OC
(OffIce Commercial) and zoned C-l (Office Professional).
Developed commercfal property (Walmart Supercenter's
retention pond) designated LRC (Local RetaU Commercial)
and zoned C-3 (CommunIty Commercial).
Developed commercial property (Walmart Supercenter's
parkIng lot) designated LRC (Local Retail Commerclat) and
zoned C-3 (Community Commercial).
South:
West:
RIght-of-way of Knuth Road, then a property In
unincorporated county developed with a single-family home
with the Palm Beach County's land use designation of High
Residential 8 and the County's zoning of AR (Agricultural
Residential). .
exEcunvE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning
for the following reasons:
1. The request Is consistent with the objectives of the City's annexation program;
2. Annexation of the subject property will eliminate a pocket of an unincorporated county
area surrounded on three sides by the City boundary;
3. The proposed zoning Is generally compatible with adjacent land uses;
4. The Impacts on public Infrastructure and services are not significant and can be
accommodated with the existing capacity;
S. Although the request Is not consistent with two Comprehensive Plan policies, the said
policies have been examined and, given the time elapsed since the underlying studies,
deemed no longer relevant; and
6. The application meets review criteria as required by the land Development Regulations.
PROJECT ANALYSIS
The subject parcel totals :f: 0.92 aO"eS. Because of the size of the property, the Rorida
Department of Community Affairs dasslfles this amendment as a 'fIsmall scale" amendment. A
"small-scale" amendment Is adopted prior to forwarding to the Florida Deparbnent of
Community Affairs and Is not reviewed for compliance with the state and regional plans prior to
adoption.
2
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Southern Dance Theatre
The parcel, at present vacant, has a county's land use designation of 01/8, Comlllerdal HIgh
wIth all UIldertyJllg residential densIty of 8 units per aae (the property's zonIng of Agrtcultural
ResIdential Is Inconsistent WIth the 01/8 land use). The Hct8 desfgnatlon, which encompasses
community and regional commercial land uses, allows for a higher commercial deVelopment
Intensity than the requested clty's land use of Local Retail ~mmercfal: a maximum FAA (floor-
area ratIo) of 0.85 (depending on the zoning dfstr1ct, and with an exception up to 1.0) as
Opposed to a maximum FAR of 0.5 for the city's Local Retail Commercial. At the other hand, the
CHIS underlying residential density of 8 dwellings per acre Is lower than the permitted
maximum of 10.8 dwelling unIts per acre In lRC. Therefore, the overall Intensities of land uses
permitted under the current county's CH/8 and the proposed city's LRC designations are
comparable.
The criteria used to review Comprehensive Plan amendments and rezonlngs are listed in the
Land Development Regulations, Chapter.2, Sectfon 9, Administration and Enforcement, Item C.
Comprehenslv,e Plan Amendments: Rezonlngs. 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 po/ides Induding but not limited to, a requirement that all new resIdential
developments of more than 50 unIts, whIch are located In the HUnicane Evawatlon
Zone" will provide continuing Information to residents COncerning hUnicane
evacuation and shelters through the establIshment or a homeowners' or res/dents'
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 review of the proposed land use amendment against the City of Boynton Beach
ComprehensIve Plan focuses on two policies In the land Use 8ement which discourage all
changes of land use and zonIng that would bring additional commercial uses. These are:
and
Policy 1.17.1 The Oty shall continue to discOurage additional commercial and Industrial
uses beyond those whIch are culTel1t1y shoWn on the Future Land Use Map,
except where access Is greatest and Impacts on residential land USes are
least.
Polity 1.19.6 T11e Gty shall not allow commercial acreage whIch Is greaterthan the
demand which has been projected, unless It r;an be demonstrated that the
additional commercial acreage would not requIre the propor1;/on of
commerr:lal acreage on the Oty's Future Land Use Map to exceed the
proportion of commercial acreage on the Palm Beach County Future Land
Use Map, The Oty shall not allow commerr:l8/ unless a P8rt1cular property Is
unsuitable for other Ufe.S; or a geographic need exists Which cannot be
fulfilled by exlstfng comtnercI8/1y-zoned property, and the commerrta/ use
would comply with s8 other app//CBble comPl'f!henslve plan pol/des.
3
Ale Number: LUAR. 06-OO1-ANEX 06-001
Southern Dance Theatre
Policy 1.17.1 stems from the general objective of preventing and minimizing land use conflicts;
the relevance of this Issue In the context of the proposed amendment win be addressed In the
next section. The foundation of policy 1.19.6 Is the commercial demand analysis performed In
1989. Oearly, market conditions have changed, and so have the dty's Ideas about Its future. In
particular, concerns about depleting the resldentfalland Inventory through re-deslgnatlons to
commercial or Industrial uses lost some of Its validity as Increased densities In many locations
can accommodate population growth. Moreover, commerdal uses create employment and(
since their demand for city's services Is lower than the demand generated by residential uses(
they contribute significantly to the tax base and their net fiscal Impact Is always positive.
There are no other Comprehensive Plan policies applicable to the proposed amendment.
However, protection of residential neighborhoods, the chief Intent of the above mentioned
Policy 1.17.1, Is further reflected In a recommendation contained In Section VIII of Land Use
Problems and Opportunities of the Future Land Use Support Document. This section, Initially
adopted Into the Comprehensive Plan with the objective of directing development and
redevelopment activities In nine (9) planning areas within the dty, has at present advisory
purpose. Nonetheless, since the said recommendation and Policy 1.17.1 share the same
premise, and, moreover, the recommendation pertains specifically to the future land use of the
subject parcel, staff wUl bring It to address the Issue of potential land use conflicts In the
context of the proposed rezoning.
The subject property Is located In planning area 7f. The recommendation reads:
7.f. Incorporated and UnIncorporated Parcels Bounded bv Con.gress A venue, Old
Bovnton Road, Knuth Road. and L.l'Y.D.D. L -24 Canal
(...) In order to minImize land use conflicts with the residential land uses which
lie to the west; those parcels which abut the east side of Knuth Road should be
placed in the OffIce CommercIal land use category. 717e City should requIre that
commercial development of these properties Indudes the provisIon of adequate
buffers to protect the resIdential land uses which lie to the west. High Density
ResIdential or mIxed-use resIdential and commercial development should be
considered to be an alternative land use, If roadway capadty proves to be a
problem. ResIdential densities up to 10.8 dwelling units per acre would be
permitted In thIs case.
The requested land use category of Local Retail Commercial allows for a higher Intensity
commercial development than the above recommended use of Office Commercial. A request for
the latter category would entail the C-2 neighborhood commercial zoning district, which permits
the proposed use of recreational Instruction, but restricts gross floor area of such uses to 5,000
square feet. Since the InstnJctlon component of the proposed project Is planned at
approximately 8,000 square feet (the site plan Is being processed concunently), the LRC land
use designation and C-3 zoning district, which allows the use without restrictions, Is needed to
accommodate the request.
The C-3 Community Commercial DIstr1ct does pennlt a number of Intensive retail commerdal
uses. However, the subject parcel, given Its poor visibility and accessibility, Is an unsuitable
location for such uses. It can also be argued that the magnitude of potential land use Impacts
upon the residential uses along the west side of Knuth Road vvouid be limited by both the parcel
size and the pattern of residential developments. Of these developments, the Village of
4
. ..- ..... ...,...... ..."'"" VV-VV.l.~nl:J\ UO.UVl
Southern Dance Theatre
I
,---' \
Oakwood West condominium located on the south-west comer of Boynton Beach Boulevard
end Knuth Road has no access from Knuth Road and a setback of aPPn>>dmate/y 80 feet and
the assisted IMng f'adllty HCR Manor Care located to the north-west of the sUbject P/llperty has
access from Knuth Road but: Its setback from the road Is over 330 feet. In tenns Of potenllal
land use conflicts, the main concern Is thus two lots located directly west tmm the subject
parcel, both currently In unincorporated county and dassltled High Resldenllal 8. One Is
currently vacant, while the other Is developed with a Single-family home and has recent:ly been
Purchased by a com merda I entity. The parcels can potentlally be assembled and redevelOPed
with a multifamily residential use.
Rnally, !:he applicant has agreed to a deed restriction limiting uses of the SUbject parcel If
deemed necessary.
b. Whether the PI'OpOsed rezonIng would be contraty to the established land USe
pattem, or would create an Isolated dlst1ict unrelated to adjacent and nearby
districts, or would constitute a grant of spedal PtMlege to an IndMdual {JrOperty
owner as contrasted with the protect/on of the public we/fare.
The proposed rezoning would not constitute a grant of spedal PriVIlege to the property owner.
It would not be contrary to the established land use pattern, as the adjacent Walmart P/llperty
Is sfmllarly dassffled, but Its potential relatedness to the surrounding land uses Is limited,
prImarily by the property's small sIze and limited accessibility.
C. Whether changed or changing conditions make the proposed rezonIng desirable.
Favorable real estate market conditions continue to proVide strong development and
redevelopment Incentives. Since the property Is being annexed, it must be assigned the Oty of
Boynton Beach land use and zoning designations. If the property were to remain within the
County, any development proposal with the possible exception of a slng1e-family home WOUld
also II1gger rezoning, due to the Inconsistency between the current land USe and zoning district.
d. Whether the pro{JOSed use WOuld be compallble with utility systems, roadwa}% and
other public fadlitles.
Since the proP<>Sed land use designation of local Retail Commercial has a /lOtenllallnlensfty
COmparable to the CUrrent county designation, there would be no change to POtential Impacts
on road fadlltles. In this SItuation, no long:tenn traffic analysls Is requ/red by the county. TraflIc
concurrency analysis, which evaluates the project's confonnance WIth the County's Traffic
Perfonnance Standard OrdInance, has been submitted and will be reVIsed as part Of the sfte
plan revfew.
The Utlllty Department staff has advised that the sutlldent potable water and sewer capadty
exists to serve the property at the proposed zoning. Ukewlse, aCCOrdIng to the Are Department
there are no capacity Issues In meeting the demand for lire and rescue 5eIV/ces generated by
uses /l€Imllted under the proposed zoning. The soon-to-be completed Are Station #2 on
Woo/bIfght Road Is located about 1.25 mile away from the Subject property,
The PolIce Department sl:aff indicated that the caPlldty exists to provide adequam servtce to all
uses for the Proposed zonIng.
5
Ale Number: LUAR 06-001-ANEX 06-001
Southern Dance Theatre
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 proposed rezoning would not create significant land use conflicts with the current and
future uses of adjacent and nearby properties (for compatibility discussion, see criterion 'a~. It
would therefore be highly unlikely for the proposed rezoning to affect the property values of
adjacent properties.
f. Whether the property Is physIcally and economIcally developable under the exIsting
zoning.
The property Is being annexed and must be assigned the City of Boynton Beach land use and
zoning district. It Is not economically developable under the existing Palm Beach county zoning.
Its only possible use would be a single family home, dearly not the highest and best.
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 scale of the proposed rezoning Is small; It has no Impact on the city as a whole. As stated
In 'd', Its potential relatedness to the surrounding land uses and therefore to the needs of the
neighborhood Is limited.
h. Whether there are adequate sites elsewhere In the city for the proposed use, in
districts where such use Is already allowed.
This criterion pertains mainly to rezonlngs within the city's boundary. The subject property is
being annexed and therefore would require a City of Boynton Beach land use classification and
zoning district.
CONCLUSIONS/RECOMMENDATIONS
As Indicated herein, this request Is consistent with the objectives of the Oty's annexation
program; the proposed zoning Is generally compatible with adjacent land uses; and the Impacts
on public Infrastructure and services are not significant and can be accommodated with the
existing capadty. Rnally, although the request Is not consistent with two Comprehensive Plan
polldes, the said polldes have 'been examined and, given the time elapsed since the underlying
studies, deemed no longer relevant Therefore, staff recommends that the subject request be
approved. If the Planning and Development Board recommends or the City Commission
requires conditions, they will be tnduded within exhibit "B".
S:\PlannlnD\SHAREl>\Wp\pIlOJEC'fS\SOUlI1em Dance ~m REPORT 5 Dance 1heatre.doc
6
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LOCATION MAP
.Southern Dance Theatre: ANEX 06-001 and LUAR 06-001
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.3
Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) rgj March 21, 2006 March 6, 2006 (Noon)
0 0 ~
Administrative Development Plans
NATURE OF 0 Consent Agenda 0 New Business ....' ,~'
AGENDA ITEM 0 Public Hearing rgj Legal
0 Bids 0 Unfmished Business -.U
0 Announcement 0 Presentation
0 City Manager's Report C:J
I">
C) --i
~. -j ~
w c...:_~;
~ '---.,
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION
Southern Dance Studio (LUAR 06-006)
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request to rezone from Agricultural Residential (AR, Palm Beach County) to Community
Commercial (C-3).
Proposed use:
Recreational instruction and commercial/retail, totaling 10,000 square feet
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES'
^-d {,;~~_
Planning and Zo' irector City Attorney / Finance / Human Resources
S:\P]anning\SHARED\WP\PROJECTS\Southern Dance Theatre\LUAR\Agenda Item Request Southern Dance Studio LUAR 06-006 rezone 3-21-06.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06-{'jS'
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF SOUTHERN DANCE
6 THEATRE, INC., AMENDING ORDINANCE 02-013
7 TO REZONE A PARCEL OF LAND LOCATED ON
8 THE EAST SIDE OF KNUTH ROAD
9 APPROXIMATELY 495 FEET SOUTH OF OLD
10 BOYNTON ROAD (1203 KNUTH ROAD), AS MORE
11 FULLY DESCRIBED HEREIN, FROM (AR) PALM
12 BEACH COUNTY TO COMMUNITY
13 COMMERCIAL (C-3); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
1 9 and
20 WHEREAS, Southern Dance Theatre, Inc., owner of the property located on the east
21 side of Knuth Road approximately 495 feet south of Old Boynton Road (1203 Knuth Road)
22 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix A-
24 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel of land, said land being more particularly described hereinafter, Palm Beach
26 County (AR) to Community Commercial (C-3); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 and received evidence which the Commission finds supports a rezoning for the property
2 9 hereinafter described; and
30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
S:\CA \Ordinances\PlanningIRezoningIRezoning - Southern Dance.doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the 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:
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7
8 herein by this reference.
Section 2.
The following described land located on the east side of Knuth Road
9
10 approximately 495 feet south of Old Boynton Road (1203 Knuth Road) in the City of
11 Boynton Beach, Florida, as set forth as follows:
12 The south 128.5 feet of tract forty-eight (48) of section nineteen
13 (19), Township 45 south, Range 43 east, as recorded in the office
14 of the clerk of the circuit court of Palm Beach County, Florida, in
15 Plat Book 7, Page 19
16
1 7 be and the same is hereby rezoned from Palm Beach County (AR) to Community Commercial
18 (C-3). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by
19 reference.
20 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 1 accordingly.
22 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 5. Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
S;\CA\Ordinances\Planning\Rezoning\Rezoning - Southern Dance.doc
1 remainder of this Ordinance.
2 Section 6. This ordinance shall become effective immediately upon passage.
3 FIRST READING this c;:; ~~day of kr'(:'~IC-; /C# , 2006.
/
4
SECOND, FINAL READING and PASSAGE this __ day of
,2006.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25 ATTEST:
26
27
28
2 9 City Clerk
30
31 (Corporate Seal)
32
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA \Ordinances\Planning\Rezoning\Rczoning - Southern Dance.doc
EXHIBIT A
LOCATION MAP
::....uthern Dance Theatre: ANEX 06-001 and LUAR 06-001
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant! Agent:
location:
Parcel SIze:
existing land Use:
existing ZonIng:
Proposed Land Use:
Proposed ZonIng:
Proposed Use:
DEVELOPMENT DEPARTMEN'T
PLANNING &. ZONING DMSION
MEMORANDUM NO. PZ 06-006
STAFP REPORT
ChaIr and Members
PlannIng and Development Board
Hanna Matras
Planner Y1 ,
f\.\)'\L/
Michael W. Rumpf
DIrector of PlannIng and ZonIng
January 5, 2006
Southern Dance Theatre
ANEX 06-001 & LUAR 06-001
To annex the property; to amend the Future Land Use
designation from the Palm Beach County's CH/8 (Commercial
HIgh IntensIty wIth underlyIng HIgh Residential 8) to LRC (Local
Retail CommercIal) and rezone from Palm Beach County's
Agricultural ResIdentIal (AR) to Community Commercial (C-3).
PROJECT DESCRIPnON
Southern Dance Theatre, Inc., Pennl A. Greenly, ManagIng
Member
Southern Dance Theatre, Inc./Mitler Land Planning Consultants,
Inc.
1203 Knuth Road (exhIbit "A")
:1:0.92 acres
CH/B (Palm Beach County)
AR (Palm Beach County)
LRC (Local Retail CommercIal)
C-3 (CommunIty Commercial)
RecreatlonallnstructlontCommerclal Retail
File Number: LUAR 06-001-ANEX 06-001
Southem Dance Theatre
Adjacent Uses:
North:
Developed commercIal property (Stor AU), designated DC
(OffIce Commerdal) and zoned C-l (OffIce ProfesslonaO.
Developed commerdal property (Walmart Supercenter's
retention pond) designated LRC (Local Retail Commercfal)
and zoned C-3 (CommunIty Commercial).
Developed commercial property (Walmart Supercenter's
parking lot) desIgnated LRC (Local Retail Commercial) and
zoned C-3 (CommunIty CommercIal).
South:
East:
West:
RIght-of-way of Knuth Road, then a property In
unIncorporated county developed wIth a sIngle-family home
with the Palm Beach County's land use desIgnation of HIgh
ResIdential 8 and the County's zoning of AR (Agricultural
ResIdential).
EXECunvE SUMMAI\Y
Staff recommends approval of the requested annexatIon, land use amendment and rezoning
for the followIng reasons:
1. The request Is consistent with the objectives of the Oty's annexation program;
2. Annexation of the subject property will elimInate a pocket of an unIncorporated county
area surrounded on three sides by the Oty boundary;
3. The proposed zonIng Is generally compatible with adjacent land uses;
4. The Impacts on public Infrastructure and servIces are not significant and can be
accommodated wIth the exIsting capacity;
5. Although the request Is not consIstent with two Comprehensive Plan polfcles, the said
policies have been examined and, gIven the time elapsed sInce the underlying studies,
deemed no longer relevant; and
6. The application meets review criteria as required by the Land Development Regulations.
PROJECT ANAL YSI~
The subject parcel totals :f: 0.92 aaes. Because of the size of the property, the Ronda
Department of Community AffaIrs dasslfles this amendment as a "small scale" amendment. A
"small-scale" amendment Is adopted prior to forwarding to the Aortda Department of
Community AffaIrs and Is not reviewed for compliance with the state and regIonal plans prfor to
adoption.
2
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Southern Dance Theatre
The parce~ at present vacant, has a county's land use deslgnatJonof CHIS, Commercial HIgh
,-" wIth an underlying residentIal densIty of 8 unIts per acre (the property's zoning of Agricultural
ResIdential Is Inconsistent with the CH/8 land use). The HC/8 designation, which encompasses
community and regional commercial land uses, arrows for a higher commercial development
Intensity than the requested city's land use of Local Retail Commercial: a maximum FAR (floor-
area ratio) of 0.85 (depending on the zoning district, and with an exception up to 1.0) as
opposed to a maximum FAR of 0.5 for the city's Local Retail Commercfal. At the other hand, the
CH/8 underlying residential density of 8 dwellings per acre Is lower than the permitted
maximum of 10.8 dwelling units per acre In lRC. Therefore, the overall Intensities of land uses
permitted under the current county's CH/8 and the proposed city's LRC designations are
comparable.
The criteria used to review Comprehensive Plan amendments and rezonlngs are fisted In the
Land Development Regulations, Chapter 2, Section 9, AdmInIstration and Enforcemene Item c.
Comprehensive Plan Amendments: Rezonlngs. 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 wtth applicable comprehensive
plan policies indud/ng but not Ilm/ted to, a requirement that all new residential
developments of more than 50 units, which are located In the Humcane Evacuation
Zon~ will provide continuing Information to residents conceming hurricane
evacuation and shelters through the establIshment of a homeowners/ or resldents/
assodatlon. The planning department shall also recommend limitations or
requirements, which would have to be Imposed on SUbsequent development of the
prope~ in order to comply with polldes contained In the comprehensive plan.
The review of the proposed land use amendment against the Oty of Boynton Beach
Comprehensive Plan focuses on two policies In the land Use Element which discourage all
changes of land use and zoning that would bring additional commerdal uses. These are:
Polity 1.17.1 The Gty 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 resldent/alland uses are
least.
and
Polity 1.19.6 The aty shall not allow commercial acreage whIch Is greater than the
demand whIch has been projected, unless It ~an be demonstrated that the
additional commercial aaeage would not requIre the proportion of
commercial aaeage on the Gty's Future Land Use Map to exceed the
proportion of commercial acreage on the Palm Beach County Future Land
Use Map. The Oty shall not allow commercial unless a particular property Is
unsuitable for other uses, or a geographic need exists which cannot be
fttltllled by existing commerr:la/ly-zoned property, and the commerctal use
would comply wfth all other applicable comprehensive plan potldes.
3
File Number: lUAR 06-OO1-ANEX 06-001
Southern Dance Theatre
Policy 1.17.1 stems from the general objective of preventing and mInImizing land use conflicts;
the relevance of this Issue In the context of the proposed amendment wflf be addressed In the
next section. The foundation of policy 1.19.6 Is the commercial demand analysis perfonned In
1989. Oearly, market conditions have changed, and so have the cfty's Ideas about Its future. In
particular, concerns about depleting the resldentfalland Inventory through re-deslgnatfons to
commercial or Industrial uses lost some of Its validity as Increased densIties In many locations
can accommodate population growth. Moreover, commerdal uses create employment and,
sInce their demand for city's services Is lower than the demand generated by resldentfal uses,
they contribute significantly to the tax base and their net fiscal Impact Is always positive.
There are no other Comprehensive Plan policies applicable to the proposed amendment.
However, protection of residential neighborhoods, the chief Intent of the above mentioned
Policy 1.17.1, Is further reflected In a recommendation contained In Section VIII of land Use
Problems and OpportunIties of the Future Land Use Support Document. This section, Initially
adopted Into the Comprehensive Plan with the objective of dlrectfng development and
redevelopment activities In nine (9) planning areas within the dty, has at present advisory
purpose. Nonetheless, since the said recommendation and Policy 1.17.1 share the same
premIse, and, moreover, the recommendation pertaIns spedflcally to the future land use of the
subject parcel, staff will brfng It to address the Issue of potential land use conflicts In the
context of the proposed rezoning.
The subject property Is located In planning area 7f. The recommendation reads:
7.f. Incorporated and Unincorporated Parcels Bounded bv Congress Avenue, Old
Dovnton R.oad Knuth Road and Lf'v.D.D. L-24 canal
(...) In order to mInimize land use conflicts with the residential land uses whIch
lie to the wese those parcels whIch abut the east sIde of Knuth R.oad should be
placed In the Office Commercial land use category. The aty should requIre that
commercial development of these properties Indudes the provision of adequate
buffers to protect the residential land uses whIch lie to the west High DensIty
ResIdential or mixed-use resIdential and commercial development should be
considered to be an altematlve land use, If roadway capadty proves to be a
problem. Residential densIties up to 10.8 dwelling units per acre would be
pennftted In thIs case.
The requested land use category of local Retail Commerdal allows for a higher Intensity
commercial development than the above recommended use of Office Commercial. A request for
the latter category. would entail the C-2 neighborhood commercial zonIng district, whIch permIts
the proposed use of recreational Instruction, but restricts gross floor area of such uses to 5,000
square feet. Since the Instruction component of the proposed project Is planned at
approximately 8,000 square feet (the site plan Is being processed concurrently), the LRC land
use designation and C-3 zoning district, which allows the use without restrictions, Is needed to
accommodate the request.
The C-3 Community Commercial Dlsb1ct does permit a number of Intensive retail commerdal
uses. However, the subject parcel, given Its poor vlslbfllty and accessibility, Is an tIlSUItable
Iocatfon for such uses. It can also be argued that the magnitude of potentfalland use Impacts
upon the residential uses along the west side of Knuth Road would be lImited by both the parcel
size and the pattern of residential developments. Of these developments, the Vllage of
4
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Southem Dance Theatre
)
Oakwood West condominium located on the south-west corner of Boynton Beach Boulevard
and Knuth Road has no access from Knuth Road and a setback of approximately 80 feet and
the assisted living facl/lty HeR Manor Care located to the north-west of the subject property has
access from Knuth Road but Its setback from the road Is over 330 feet. In terms of potential
land use conflicts, the main concern Is thus two lots located directly west from the subject
parcel, both currently In unincorporated county and classified High Residential 8. One Is
currently vacant, while the other Is developed with a Single-family home and has recently been
purchased by a commercial entity. The parcels can potentlally be assembled and redeveloped
with a multifamily residential use.
Finally, the applicant has agreed to a deed restriction limiting uses of the subject parcel If
deemed necessary.
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
dlstdcts, or would constitute a grant of spedal plivllege to an Individual property
owner as contrasted wIth the protect/on of the publIc welfare.
The proposed rezoning would not constitute a grant of special privilege to the property owner.
It would not be contrary to the established land use pattern, as the adjacent Walmart property
Is similarly classified, but its potential relatedness to the surrounding land uses Is limited,
primarily by the property's small size and limited accessibility.
c. Whether changed or changing conditions make the proposed rezoning desirable.
Favorable real estate market conditions continue to provide strong development and
redevelopment Incentives. Since the property is being annexed, it must be assigned the City of
Boynton Beach land use and zoning designations. If the property were to remain within the
county, any development proposal with the poSSible exception of a single-family home would
also trigger rezoning, due to the Inconsistency between the current land use and zoning district.
d Whether the proposed use would be compatible with utility systems, roadways, and
other publiC facilities.
Since the proposed land use designation of Local Retail Commercial has a potential Intensity
comparable to the current county designation, there would be no change to potential Impacts
on road facilities. In this situation, no long-term trafflc analysis Is required by the county. Traffic
concurrency analysis, which evaluates the project's conformance with the County's Traffic
Performance standard Ordinance, has been submitted and will be revised as part of the site
plan review.
The Utility Deparbnent staff has advised that the suffldent potable water and sewer capadty
exists to serve the property at the proposed zoning. Ukewlse, according to the Fire Deparbnent
there are no capacity Issues In meeting the demand for fire and rescue services generated by
uses permitted under the proposed zoning. The soon-to-be completed Are station #2 on
Woolbright Road Is located about 1.25 mile away from the subject property.
The Police Department staff IndIcated that the capadty exists to provide adequate service to all
uses for the proposed zoning.
5
File Number: LUAR 06-o01-ANEX 06-001
Southern Dance Theatre
e. Whether the proposed rezonIng would be compatible with the current and future
use of adjacent and nearby pfT)pertl~ or would affect the property values of
adjacent or nearby properties.
The proposed rezoning would not create sIgnIficant land use conflIcts wIth the current and
future uses of adjacent and nearby propertIes (for compatlbfl/ty discussIon, see criterion 'a'). It
would therefore be highly unlikely for the proposed rezoning to affect the property values of
adjacent properties.
f. Whether the property Is physically and economically developable under the existing
zoning.
The property Is beIng annexed and must be assigned the CIty of Boynton Beach land use and
zoning dIstrIct. It Is not economically developable under the existing Palm Beach county zonIng.
Its only possIble use would be a single family home, dearly not the highest and best.
g. Whether the proposed rezonIng Is of a scale whIch Is reasonably related to the
needs of the neighborhood and the dty as a whole.
The scale of the proposed rezonIng Is small; It has no Impact on the city as a whole. As stated
in 'd', its potential relatedness to the surrounding land uses and therefore to the needs of the
neighborhood Is limited.
11. Whether there are adequate sites elsewhere In the dty for the proposed use, In
districts where such use Is already allowed.
This criterion pertains mainly to rezonlngs within the city's boundary. The subject property is
being annexed and therefore would require a City of Boynton Beach land use classification and
zoning district.
)
CONCLUSIONS/RECOMMENDAnONS
As indicated herein, this request Is consistent with the objectives of the Oty's annexation
program; the proposed zoning Is generally compatible with adjacent land uses; and the Impacts
on public infrastructure and services are not significant and can be accommodated with the
existing capadty. Rnally, although the request Is not consl~t with two Comprehensive Plan
policies, the saId polides have 'been examined and, given the time elapsed since the underlying
studies, deemed no longer relevant Therefore, staff recommends that the subject request be
approved. If the Planning and Development Board recommends or the Oty Commission
requires condItions, they will be induded within ExhibIt "8".
S:\l'lanNng\SHAREO\WP\PRO.lECTS\SoutI1em Dance Thean\lUAR.\STAfF REPORT S Danoe Thealre.doc
6
LOCATION. MAP'
Southern Dance Theatre: ANEX 06-001 and LUAR 00-001
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XII. - LEGAL
ITEM A.3.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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21,2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) ~ March 21, 2006 March 6, 2006 (Noon)
C~-\
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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
~ Legal
o Unfmished Business
o Presentation
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RECOMMENDATION: Please place this tabled public hearing item on the March 21, 2006 City Commission
Agenda under Legal Ordinance, Second Reading to follow the corresponding items for annexation, land use amendment and
rezoning, so that consideration of the Ordinance precedes action on thfs-sfte plan request. For further details pertaining to the
request, see attached Department Memorandum No. PZ 05-242.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION
Southern Dance Studio (NWSP 06-001))
Bradley Miller, Miller Land Planning Consultants
Southern Dance Theatre, Inc.
East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203
Knuth Road)
Request site plan approval to construct a one-story building totaling 10,000 square feet for
a dance studio and retail use, and related site improvements on 0.92 acres zoned C-3.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Developme
lv-L)'? ~-
Planning and Z irector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Southern Dance Theatre\NWSP 06-001 \Agenda Item Request Southern Dance Studio NWSP 06-001 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-242
STAFF REPORT
Chair and Members
Planning and Development Board and City CommIssion
MIchael RumPff\tr~
PlannIng and Zoning Director
Kathleen Zeitler f-,2,,-
Planner
January 12, 2006
Southern Dance Theatre (NWSP 06-001)
New Site Plan
PROJECT DESCRIPttON
Property Owner: Southern Dance Theatre, Inc.
Applicant: Southern Dance Theatre, Inc., Penni A. Greenly, Managing Member
Agent: Mr. Bradley Miller I Miller land Planning Consultants, Inc.
location: 1203 Knuth Road (see location Map - Exhibit "A")
Existing land Use: Palm Beach County - Commercial High (CH/8)
Existing Zoning: Palm Beach County - Agricultural Residential (AR)
Proposed land Use: local Retafl Commerdal (lRC) (see lUAR 06-001)
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
Community Commercial (C-3) (see lUAR 06-001)
Dance Studio (recreational Instruct/on) and Retail
40,075 square feet (0.92 acre)
Stor-AlI Self Storage Fadllty zoned C-1 (property In City limits);
Wal-Mart Super Center zoned C-3 (property In Oty limits);
Wal-Mart Super Center zoned C-3 (property In Oty limits); and,
RIght-Of-way for Knuth Road, and farther west slngle-famfly residence
zoned A-R (property In unincorporated County).
Staff Report - Southern Dance Theatre (NWSP 06w001 )
Memorandum No PZ 05-242
Page 2
Site Features:
Proposal:
BACKGROUND
The subject property Is located on the east side of Knuth Road approximately 500
feet south of Old Boynton Road. Knuth Road serves as a minor collector roadway
between Boynton Beach Boulevard to the south and Old Boynton Road to the
north( and Is the only means of access to this property. The subject property Is an
enclave of 0.92 acre (40(075 square feet) with 128 feet of road frontage and 312
feet of lot depth. Although currently located within the unincorporated area of
Palm Beach County( the property Is surrounded on three (3) sides by properties
within the city limits of Boynton Beach. The applicant has corresponding requests
for annexatlon (ANEX 06-001)( land use amendment( and rezoning (LUAR 06-001).
The subject property was last used as a single-family residential lot( however the
Improvements were demolished and It Is now a vacant lot. The subject property
complies with the minimum lot area (15(000 square feet) and minimum lot frontage
(75 feet) required by the C-3 zoning dlstrlct( which the applicant has requested.
The applicant Is proposing a new site plan to construct a one-story building of
10(000 square feet for recreational Instruction (dance studio) and retail space,
which are permitted uses In the requested Community Commercial (C-3) zoning
district. The proposed building Is to be completed In one phase and consist of
7(653 square feet for a dance studio, and 2,347 square feet for future retail use.
This request for new site plan approval Is contingent upon approval of the
applicant's corresponding requests for annexation (ANEX 06-001)( land use
amendment, and rezoning (LUAR 06-001). The applicant has requested the C-3
zoning district for the followtng reasons: (1) the C-1 zoning district allows
Instruction or tutoring with up to 2(000 square feet of gross floor area, but
specifically excludes recreational Instruction (such as a dance studio); (2) the C-2
zoning district allows recreational Instruction but limits the use to 5,000 square
feet, and; (3) the C-3 zoning district allows recreational Instruction as a permitted
use without specific limitation on floor area, and Is the predominant zoning district
east of Knuth Road.
The future retail space (2(347 square feet) Is to be located In the western portion
of the proposed building located closest to Knuth Road. The applicant Is aware of
the potential negative Impact some uses within the requested C-3 zoning district
could have on residential properties to the west. Therefore( the property owner Is
voluntarily restricting the proposed retail space to uses that are allowed In the C-2
zoning district, and uses that would not require more parking (see exhibit "A-l").
As such a committal Is not legally binding, the staff review of the corresponding
request for land use amendment and rezoning analyzed the request without
assuming any limitation on use beyond what Is regulated by the C- 3 zoning district.
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 3
Concurrency:
Traffic:
Utilities:
Drainage:
Fire I Police:
Driveways:
Parking:
ANAL YSI$
A traffic statement was prepared by Robert Rennebaum, P.E. of Simmons & WhIte,
Jne. and 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 revisions to the traffic statement were requIred. The
applicant has submitted a revIsed traffic statement to the Palm Beach County
Traffic DIvision, which is currently under review and pendIng approval. Therefore,
Staff has recommended as a condition of approval that a notIce of concurrency
approval (Traffic Performance Standards RevIew) be provIded by the applicant prior
to the Issuance of any buildIng permits for the project (see ExhIbit "c" _ CondItIons
of Approval).
Potable water and sanItary sewer / wastewater capacIty Is currently available to
serve this project, subject to the applicant making a firm reservation of capacIty,
and obtaInIng water/sewer plan approval from the Utilities Department prior to
permitting (see ExhIbit "c" - CondItions of Approval).
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 from the Fire and Police departments have reviewed the site plan and
determined that emergency services are available to the proposed project with an
appropriate response time. Emergency service providers expect to be able to
utilize theIr current or anticipated resources to maintain an adequate level of
service for the proposed project. Because this will be a place of assembly greater
than 1,000 square feet and with more than 300 persons assembled at one time,
the proposed building Is requIred to have an automatIc fire sprlnlder system.
Infrastructure requirements such as emergency vehicle access and fire hydrant
locations have been addressed and will be further refined at the time of plan review
and permitting.
Site access Is proposed via one (1) full access driveway connect/on to Knuth Road.
Both proposed retail and recreat/onallnstruction uses require one (1) parking space
per 200 square feet of gross floor area. The proposed 10,000 square foot building
will require a total of 50 parking spaces, Including two (2) spaces designated for
handicapped use. The site plan complies with the minimum parking requirements.
Typical parking stalls, excluding handicap spaces, are dimensioned 9 feet 6 Inches
In width and 18 feet 6 Inches In length. In addition, a 12 foot by 35 foot loading
area Is proposed at the southeast comer of the parking lot. All proposed parking
stalls, Including the size and location of the spaces designated for handicap use,
were reviewed and approved by both the Engineering Division and BUilding
staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 4
Landscaping:
Building and Site
Design:
Division. All necessary traffic control slgnage and pavement markings will be
provided on site to clearly delineate areas on site and direction of circulation.
The site design provides vehicular as well as pedestrian circulation in compliance
with the Community Design Plan guidelines. A sidewalk five feet In width will be
constructed along Knuth Road and connect to an existing sidewalk on the adjacent
property to the north. In addition, a five foot walkway will be constructed along
the front of the proposed building, and a four foot walkway will be constructed
along the rear of the building. Both walkways will connect with the sidewalk along
Knuth Road as well as the parking areas on site.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. The proposed
project will have a pervious area of .20 acre (8,712 square feet). Landscaping will
include buffers along the north, south, and east property lines, and plantlngs along
Knuth Road, around the front and sides of the building foundation, and within
landscape Islands throughout the parking lot. A minimum of fifty percent (50%) of
site landscape materials must be native species. The landscape plan indicates 56%
of shade trees, 72% of palm trees, 64% of shrubs, and 52% of groundcover will be
native species, which include Mahogany, Live Oak, Green Buttonwood, Sabal
Palmetto, Cocoplum, Silver Buttonwood, and Dwarf Rrebush.
A tree mitigation area which includes pine trees will be located along the north
property line. The City signature trees (Tibouchina Granulosa) will be located on
each side of the access drive. All above ground mechanical equipment will be
Visually screened with a Cocoplum hedge, and all planted areas on site will be
irrigated In accordance with the landscape code requirements.
A one-story 10,000 square foot building is proposed which will be divided into two
(2) separate Interior spaces consisting of a dance studio (7,653 square feet) and
future retail (2,347 square feet). The floor plan indicates the dance studio space
will contain four separate dance studio rooms, a reception/waiting area, offices,
locker rooms, and storage rooms. The dance studio and future retail space will
each have a separate handicapped accessible entrance, and exit doors to the rear
of each room.
The exterior building design Is compatible with the surrounding natural and built
environment In compliance with the Community Design Plan guidelines. The two
(2) building entrances are enhanced by parapet roofs, large windows with fabric
awnings, and pilasters, and these same features are mirrored on the west side of
the building near Knuth Road. Visual Interest has been added to the proposed
building through the use of architectural details such as cornice moldings, recessed
accent bands, two matching simulated windows, stone masonry, stucco walls, and
decorative medallions atop each pilaster. Building colors are neutral and Indude
Behr colors named Buckskin, Seasoned Acorn, Southwestern Sand, Canewoocl, and
Evening Hush. The neutral color palette proposed will be harmonious with
surrounding developments.
Staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05.242
Page 5
Rooftop mechanical equipment will be screened from view by the parapet walls. A
gated trash enclosure within the building footprint will house trash containers that
will be rolled out to Knuth Road for pickup. A six foot bench and walkway have
been added to landscape Islands in the front near each building entrance.
The proposed building location on site complies with minimum setback
requirements (20 feet front and rear, 15 feet on one side) of the C-3 zoning
district. The proposed building Is 10,000 square feet with a 25% lot coverage,
which complies with the maximum lot coverage (40%) allowed In the C-3 zoning
district.
Building Height: The proposed one-story bUilding is 21 feet In height, which complies with the
maximum building height of 45 feet allowed in the C-3 zoning district.
Site Lighting: A photometric plan has been reviewed by staff and found to comply with the
lighting requirements of the land Development Regulations. Freestanding light
poles Include one light located south of the site entrance, and four lights located
along the perimeter of the parking lot. The freestanding lights will have concrete
poles a maximum of 25 feet In height, and be shielded to direct the light downward
to avoid glare onto adjacent properties and passing motorists. Wall mounted lights
are located on each pilaster, four lights on the side (west elevation) and eleven
lights on the front (south elevation). Wall mounted light fixtures are not to be
painted. The finish on the wall mounted light fixtures is to be determined.
Signage: Signs, in general, shall be designed and treated as part of the architecture of the
building. They are formally evaluated during the site plan review process. All
project sign age is indicated on the elevation drawings and has been reviewed by
staff for compliance with the maximum square footage limitations as set forth In
Chapter 21, Article IV, Section 2.C of the Land Development Regulations. All new
project signage Is subject to review and approval by the Planning and Development
Board (see Exhibit "c" - Conditions of Approval).
An externally illuminated monument sign less than six feet in height Is proposed
west of the building. The arched sign will consist of cast stone coping and molding
with columns on each side, a green sign face, and brass channelletter/ng In script
font and the site address. The sign face area proposed Is 9 square feet which
complies with the sign face area maximum of 32 square feet.
The proposed tenant wall sfgnage above each entrance to the building consists of
channel letters centered below the parapet wall. Based on the building frontage of
228 feet, the cumulative maximum wall sign area allowed on the building Is 342
square feet. The proposed wall slgnage Indicated on the elevations Is
approximately 96 square feet for the dance studio and 50 square feet for the retail
space, for a cumulative sign face area of 146 square feet, less than half of the
maximum sign face area allowed. The sign colors will be complementary to the
building colors In accordance with the community design plan guidelines.
staff Report - Southern Dance Theatre (NWSP 06-001)
Memorandum No PZ 05-242
Page 6
RECOMMENDATION:
The Technical Advisory Review Team (TART) has reviewed this request for new site plan approval. Staff
recommends approval of the site plan, contingent upon the successful request for annexation (ANEX 06-
001) and rezoning (LUAR 06-001), and also 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.
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Exhibit "A" - 1203 Knuth Rd Location Map
December 21, 2005
Ed Breese
CITY OF BOYNTON BEACH
PLANNING 8. ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Southern Dance Studio
peN 00-43-45-19-05-048-0020
Dear Mr. Breese:
-_..... .EII>., __- ~I
This letter is to acknowledge and accept that, I the property owner, will voluntary restrict use of
property limited to C-2 Zoning District and any use that has a higher parking requirement.
Penni Greenly. Managing Member
Southern Dance Theatre. Inc.
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EXHIBIT "C"
CONDITIONS OF APPROVAL
Project name:
File number:
Reference:
Southern Dance Theatre
NWSP 06-001
2nd Review Plans identified as a New Site Plan with a December 27, 2005 Planning & Zoning
date stamp markin~.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS. Traffic
Comments:
1. Pennits from Palm Beach County will be required for work within the Knuth X
Rd. right-of-way,
ENGINEERING DIVISION
Comments:
2. All comments requiring changes and/or corrections to the plans shall be X
reflected on aU apPropriate sheets.
3, Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at pennit review.
4. The provided survey does not depict an existing power line from the west X
side of Knuth road into the property for electric service. Please show all
features, including utilities, on the survey,
S, Indicate power line relocation/demolition on the site and civil plans. X
6. Show prOPosed site lighting on the site plan (LDR, Chapter 4, Section 7.B.4.t X
7. Provide an Engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
8. Fun drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
pennitting.
Conditions of Approval
2
.
DEPARTMENTS
INCLUDE REJECT
9. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. An 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:
10. All utility easements (as applicable) and utility lines shall be shown on the X
site plan and landscape plans (as well as the Water and Sewer Plans) so that
we may determine which appurtenances, trees or shrubbery may interfere
with utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches wiIl not impact those utilities within the
easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section
18.1 gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-way.
11. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
12. 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)). Unless the building is to be
sprinklered, one fire hydrant may not meet this requirement.
13. 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 wiIl be determined based upon
final meter size, or expected demand.
14. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12-ft. The easements shall
be dedicated via separate instrument to the City as stated in CODE Sec. 26-
33(a).
15. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy. Indicate meter(s) size on the plans so that
reservation fees may be calculated
DEPARTMENTS INCLUDE REJECT
16. 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.
17. 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) and will be
reviewed at the time of construction pennit application.
FIRE
Comments:
18. Because this wiIl be a place of assembly greater than 1,000 square feet, and X
with more than 300 occupant load, an approved NFP A 13 Fire Sprinkler
system will be required. This system shall be monitored by an approved
central station and receive a Letter of Certification from U.L. or a placard
from Factory Mutual.
19. Show the locations of all fire hydrants, move to front of property (200' rule). X
POLICE
Comments: -None X
BUILDING DIVISION
Comments:
20. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
21. Buildings, Structures and parts thereof shan be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shan 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
shaH be submitted for review at the time ofpennit application.
22. Add to an 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.
23. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
Conditions of Approval
4
U
DEP ARTMENTS INCLUDE REJECT
24. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance door/s to the building. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
25. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A. The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
B. From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
C. Identify the floor elevation that the design professional has established for the
building within the footprint of the building that is shown on the drawings
titled site plan, floor plan and paving/drainage (civil plans).
26. On the drawing titled site plan identify the property line. X
27. 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.
28. 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.
29. 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.
E. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article n, Sections 26-34)
30. 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 pennit review.
DEPARTMENTS INCLUDE REJECT
31. 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
revi ew 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.
32. 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.
33. This structure meets the definition of a threshold building per F.S. 553.71 (7) X
and sha1l comply with the requirements of F.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6. I through 109.3.6.6. The following information
must be submitted at the time of permit application:
A. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building pennit for the construction of a threshold
building.
B. All shoring and re-shoring procedures, plans and details shaH be submitted.
C. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as determined by the local authority
in accordance with this section and F.S. Section 633.
34. Clearly show the setback for the building on the north side. X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
.
Comments:
35. The Landscape Architect should tabulate the total caliper inches of trees to be X
preserved, relocated or removed / replaced on the site. The replacement trees
should be shown by a separate symbol on the landscape plan sheet L-l.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
36. The applicant should show the calculated 50% native species of trees, and X
shrubs.
PLANNING AND ZONING
37. Provide a notice of concurrency (Traffic Perfonnance Standards Review) X
from Palm Beach County Traffic Engineering. The traffic impact analysis
must be approved by the Palm Beach County Traffic Division for
concurrency P1!1pOses_prior to the issuance of ~y buildi~J>ermits.
Conditions of Approval
6
r
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be detennined.
S:\Planning\SHARED\WP\PROJEcrS\Southem Dance Theatre\NWSP 06-001\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Southern Dance Theatre
APPLICANT'S AGENT: Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd., Suite 201, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21,2006
TYPE OF RELIEF SOUGHT: New Site Plan (NWSP 06-001)
LOCATION OF PROPERTY:
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Southem Dance Theatre\NWSP 06-001\DO.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.4
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 2005 November 14,2005 (Noon,)
0 December 20, 2005 December 5, 2005 (Noon)
0 January 3,2006 December 19, 2005 (Noon)
D January 17, 2006 January 3,2006 (Noon)
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
o February7,2006 January 17,2006 (Noon)
D February 21,2006 February 6, 2006 (Noon)
D February 28,2006 February 21,2006 (Noon)
[g] March 21, 2006 March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
o Public Hearing
o Bids
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_: --I
RECOMMENDATION: Please place this request on the March 21, 2006 City Connnission Agenda un~ ".':..::
Legal, Ordinance - Second Reading. The City Connnission approved the subject request under Public Hearing aritl=Leg;l.~ =?
First Reading on February 28, 2006. For further details pertaining to the request, see attached Department MemotfnduDiH'~~.
PZ 06-023. ,;::) ;:~~l
c) '1(-;
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request to amend the Comprehensive Plan Future Land Use Map from Local Retail
Commercial (LRC) to Special High Density Residential (SHDR).
Proposed use:
61 townhouse units
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeVolopdk~
"A-r:.) L /
Planning and Z~Director City Attorney / Finance / Human Resources
S:\PlanningISHARED\WP\PROJECTSWachtsmans Cove\LUAR 06-o03\Agenda Item Request Yachtsman's Cove LUAR 06-003 Amend 3-2 J06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- 0 I q
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 YACHTSMAN PROPERTIES, LLC, AND
8 l,OCA TED ON THE EAST SIDE OF FEDERAL
9 HIGHW A Y APPROXIMATELY 375 FEET NORTH OF
10 THE BOYNTON (C-16) CANAL; CHANGING THE
11 LAND USE DESIGNATION FROM LOCAL RETAIL
12 COMMERCIAL (LRC) TO SPECIAL HIGH DENSITY
13 RESIDENTIAL (SHDR- 20 DUlAC); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE
15 DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
18 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
19 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
20 Comprehensive Planning Act; and
21 WHEREAS, the procedure for amendment of a Future Land Use Element of a
22 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
23 WHEREAS, after two (2) public hearings the City Commission acting in its dual
24 capacity as Local Planning Agency and City Commission finds that the amendment
25 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
26 the best interest of the inhabitants of said City to amend the aforesaid Element of the
27 Comprehensive Plan as provided.
28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
31 herein by this reference.
S:\CA\Ordinances\planning\Land Use\Yachtsmans Cove.doc
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use ofthe following described land located on the east side of
4 Federal Highway approximately 375 feet north of the Boynton (C-16) Canal in Boynton
5 Beach, Florida shall be changed from Local Retail Commercial (LRC) and shall now be
6 designated as Special High Density Residential (SHDR - 20 du/ac):
7 Parcel No.1: Lot 19, Yachtman' s Cove, according to the Plat thereof, as
8 recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach
9 County, Florida.
10
11 Parcel No.2: Section 1, Coquina Cove, according to the Plat thereof, as
12 recorded in Plat Book 24, Page 14 of the Public Records of Palm Beach
13 County, Florida, LESS the right of way for U.S. Highway #1 (State Road 5)
14
15 Subject to easements, restrictions, reservation and rights of way of record.
16
1 7 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
18 Future Land Use Plan shall be amended accordingly.
19 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
20 Section 5: Should any section or provision of this Ordinance or any portion thereof be
21 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge,
24 or appeal provisions provided by the Florida Local Government Comprehensive Planning and
25 Land Development Regulation Act. No party shall be vested of any right by virtue of the
26 adoption of this Ordinance until all statutory required review is complete and all legal challenges,
27 including appeals, are exhausted. In the event that the effective date is established by state law or
28 special act, the provisions of state act shall control.
S:\CA\Ordinances\Planning\Land Use\Yachtsmans Cove.doc
1
FIRST READING this ~e day of Jebruo...rr ' 2006.
SECOND, FINAL READING and PASSAGE this _ day of
,2006.
2
3
CITY OF BOYNTON BEACH, FLORIDA
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
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land use\Yachtsmans Cove.doc
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-023
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
THROUGH:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner (/
February 7, 2006
FROM:
DATE:
PROJECT
NAME/NUMBER:
REQUEST:
Yachtsman's Cove (LUAR - 06-003)
Amend the future land use designation from Local Retail Commercial
(LRC) to Special High Density Residential (SHDR); and to rezone the
property from (C-3) Community Commercial to (IPUD) Inti" Planned Unit
Development.
PROJECT DESCRIPTION
Property Owner: Yachtsman Properties, LLC
Applicant: Yachtsman Properties, LLC
Agent: Atlantis Environmental Engineering, Inc.
Location: On the east side of Federal Highway, approximately 375 feet north of the
Boynton (C-16) Canal (Exhibit "A'')
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning:
Inti" Planned Unit Development (IPUD)
Proposed Use:
61 fee-Simple townhouse units
Acreage:
3.35 acres
Page 2
File Number: lUAR 06-023
Name: Yachtsman's Cove
Adjacent Uses:
North:
An existing mobile home park recently approved for condominiums and
townhouse units (Seaview Park Club) with a Special High Density
Residential (SHDR) land use classification and zoned Infill Planned Unit
Development (IPUD);
South:
Right-of-way for Ocean Inlet Drive, then farther south is developed
property (Murano Bay) with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential lots with a low Density Residential
(lOR) land use classification and zoned Single-family Residential (R-1-
AA); and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEe) railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I, is consistent with the intent of the redevelopment
plan, and therefore meets the criteria for consideration of the land use amendment as
described in Policy 1.16.1 of the Future land Use Element of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations (provided that all conditions are met) and meets the requirements for
compatibility with the adjacent properties based on the proposed uses, landscaping
buffers, and setbacks; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less in density, unless the subject
property is located in an area designated for urban infill, urban redevelopment, or downtown
revitalization. The parcel, which is the subject of this land use amendment, totals 3.35 acres.
Even though the requested density is greater than 10 du / ac, it is located within a recognized
Page 3
File Number: LUAR 06-023
Name: Yachtsman's Cove
redevelopment area. Because of this and the size of the property under consideration, the
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to forwarding to the Florida Department of Community Affairs (DCA) and is not reviewed
for compliance with the state, regional, and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated design expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development. In order to be approved, an IPUD project must be compatible with and preserve
the character of adjacent residential neighborhoods. Furthermore, it must be an enhancement
to the overall local area and the city in general. Presentation of projects that fail to do so would
be denied. Each IPUD project is independent and is evaluated solely upon its own merits. The
inclusion of certain features in a previously approved IPUD project may not be entertained as a
valid argument for the inclusion of that same feature in any other IPUD project if the City
deCides to reject those features. While the details of the proposed site plan are a companion
agenda item, a brief overview of the site plan is included below.
Site Plan Analysis
The Special High Density Residential land use category allows a maximum of 20 dwelling units
per acre. In this instance, the applicant is proposing a development containing 61 units for an
overall density of 18.2 dwelling units per acre. The 61 units are Proposed within 12 separate
buildings on the 3.35-acre site. Each building would contain a varying number of dwelling
units, ranging from three (3) units to six (6) units. The floor plans propose four (4) models,
ranging from 1,887 square feet to 2,511 square feet of "under roof area". The site plan
proposes 36 two (2)-bedroom units and 25 three (3)-bedroom units and a recreation facility.
Page 4
File Number: LUAR 06-023
Name: Yachtsman's Cove
The IPUD zoning district allows buildings to reach a maximum height of 45 feet. However, a
lesser building height could be imposed if compatibility with the adjacent properties would be in
jeopardy. The elevations show the buildings would either be two (2) or three (3) stories in
height, the tallest of which would be 34 feet - two (2) inches in height measured at the mid-
point of the pitched roof. All buildings would comply with the height limitation of the IPUD
zoning district. It should be noted that the peak of the roof would be 42 feet - one (1) inch in
height. Although not dimensioned on the elevations, the peak of the decorative cupolas is
proposed at 46 feet - nine (9) inches height. The elevation pages would have to be revised to
indicate the height dimension for the decorative cupolas. It should be noted that the peak of
the cupolas cannot exceed 45 feet in height and the developer would either have to reduce the
cupolas to 45 feet in height or request and be approved for a height exception.
As previously mentioned the abutting properties to the east are zoned R-l-AA and developed
with a mix of one (1) and two (2) story, single-family detached homes. The R-1-AA zoning
district only allows a maximum building height of up to 30 feet (at mid-point of roof), a
difference of 15 feet. Initially, the developer planned to propose buildings that were all three
(3) stories in height. However, staff informed the developer that the proposed building height
on the subject property would be a critical design element to consider when requesting the
IPUD zoning district. Staff suggested that the applicant reduce the proposed building heights,
from three (3) stories to two (2) stories. In heeding staffs suggestions, the developer is now
proposing a mix of two (2) and three (3)-story buildings. As proposed, the three (3)-story
buildings would be located near the center and western portions of the site (along Federal
Highway) while the two (2)-story structures are proposed along the eastern fringe (adjacent to
the single-family detached homes). As designed, the pool/recreation area (of the subject
project) and the two (2)-story building (depicted as Building 4 on the site plan) is comparable in
height and compatible to any structure built within the R-1-AA zoning district. The site plan
shows that Building 4 and the pool area are proposed between the three (3)-story buildings and
the existing homes located within the R-1-AA zoning district. Staff feels that this proposed
configuration represents an excellent compromise to improve compatibility between the subject
property and the abutting properties to the east, in order to mitigate the height discrepancy. It
is important to note that the homes in the Yachtman's Cove subdivision to the east may be
developed as two (2) story structures with a maximum building height of 30 feet. However,
Building 1, proposed as a three (3)-story structure at the northeast corner of the subject site,
would be located only 12 feet away from the east property line that abuts property with a
single-family detached home in the R-l-AA zoning district. As proposed, Building 1 is comprised
of six (6) units with varying model types. Staff feels that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot. Therefore, staff is
recommending the following two (2) solutions: Either eliminate the easternmost unit of
Building 1 (depicted as Model "A" of Building 1 on the site plan) or reduce the height of Model
"A" from three (3)-stories to two (2)-stories. Staff feels that decreasing the height of the east
fa~ade of Model "A" of Building 1 would provide for an equitable transition between the
maximum height (of 30 feet) allowed in the adjacent R-l-AA zoning district (to the east) and
the 45-foot height allowed in the proposed project. After considering the ultimate height of the
proposed structure (34 feet - two (2) inches), evaluating the effects of comparable situations
elsewhere, considering that the majority of adjacent single-family homes are one-story or two-
story and less than 30 feet in height, and after reconsidering the intent of the IPUD district to
Page 5
File Number: LUAR 06-023
Name: Yachtsman's Cove
maximize compatibility, staff has determined that compatibility would be best achieved by
limiting structure height to a maximum of two (2) stories in that portion of the project.
Review Based on Required 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 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 subject property is located in the hurricane evacuation zone; however, the proposed 61-
unit development would be replacing a failing strip commercial plaza. The current land use
category (Local Retail Commercial) would allow up to 10.8 dwelling units per acre (a total of 36
dwelling units). The proposed rezoning would be consistent with current comprehensive plan
policies to encourage infill development and redevelopment projects. The developer is
requesting the Special High Density Residential land use category, which allows a maximum
project density of 20 dwelling units per acre (a total of 67 dwelling units). However, the project
proposes a total of 61 dwelling units, which equals a density of 18.2 dwelling units per acre.
Still, the comprehensive plan specifically addresses projects proposing higher densities. Policy
1.12.1 of the future Land Use Element states the following:
"The City shall adopt and enforce regulations to require 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'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "B" - Conditions of Approval).
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"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
Page 6
File Number: LUAR 06-023
Name: Yachtsman's Cove
"Federal Highway Corridor Community Redevelopment Plan'; adopted on May
15, 2001. /I
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ('City'') was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on its own merits.
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1- The City shall continue efforts to encourage a full range of
housing choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected in the
Housing and Future Land Use Elements, including the provision of adequate sites
for housing very-Io~ low-, and moderate income households and for mobile
homes;
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; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial-only types of development could be built on the
subject property. In addition, the requested changes are consistent with the following
strategies for Planning Area I, as stated in the Federal Highway Corridor Community
Redevelopment Plan:
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; and
Page 7
File Number: LUAR 06-023
Name: Yachtsman's Cove
Reauire a transition to the adjacent 9atewav 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.
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 requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. The abutting property to the south (Murano Bay) was approved
with the SHDR land use classification to allow for the construction of 20 fee-Simple townhouse
units at a project density of 11.46 dwelling units per acre. The abutting property to the north
(Seaview Park Club) was approved with the SHDR land use classification to allow the
construction of 69 townhouse-style condominium units at a density of 18.37 dwelling units per
acre. Therefore, the requested density of this application (18.2 dwelling units per acre) is
comparable to that of the abutting development to the north and south and is consistent with
the transition of uses recommended in the Federal Highway Corridor Community
Redevelopment Plan. The requested density is also typical of the development pattern in the
coastal area, where there coexists a combination of both single family neighborhoods and multi-
family developments. Each developmenfs heights may vary greatly based on the type of
development they are, often without consideration for abutting development. The project's
proposed building heights, with the incorporation of all staff's conditions in accompanying site
plan (NWSP 06-003), meets the intent of what staff envisioned when creating the SHDR land
use and IPUD zoning district. These types of land use and zoning changes, including the
subject request, are consistent with the City's redevelopment plans and would not grant special
privilege to an individual property owner as contrasted with the protection of the public welfare.
The requested amendment would not create an isolated or unrelated district and would help to
create a better transition to the residential neighborhood to the east.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with a failing strip commercial plaza. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing older structures from the coastal high hazard area. The changing conditions make
the proposed land use amendment and rezoning desirable. The Federal Highway COrridor
Community Redevelopment Plan recommended the changes of zoning categories within
Planning Area I in order to create a desired appearance of a neighborhood which, being near to
the downtown core area is a gateway to the city. The recommendations were also aimed at
promoting urban intill by eliminating one-story strip commercial plazas and automobile-oriented
(i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area I consistent with
the above objectives would support increasing developers' interest in the downtown core area.
The proposed rezoning maintains the residential character of the area, and will proVide an
Page 8
File Number: LUAR 06-023
Name: Yachtsman's Cove
aesthetically pleasing living environment in proximity to the downtown. Furthermore, the
accompanying site plan proposes townhouse units that are designed with their front doors
oriented towards Federal Highway, thereby engaging the public space and thus creating a
better sense of community, neighborhood, and gateway into Boynton Beach.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing Land Use 32,022 square 21 persons* 6,300 gpd* / 1,812*
(Actual) feet of 6,300 gpd*
commercial *
Proposed Development 61 fee-simple 153 persons 26,300 gpd/ 427
townhouse 13,000 gpd
units
* Statistics derived from the land use / amendment application and its supporting
documents
The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic
Division for their review and approval. The Traffic Division reported that the proposed land use /
zoning change meets the Traffic Performance Standards (TPS) of Palm Beach. The project is
expected to generate 35 peak hour a.m. trips and 40 peak hour p.m. trips. In summary, the
proposed development would result in a reduced traffic impact in comparison to the existing use
on the site and the realignment of the eastern portion of Northeast 15th Place (at Federal
Highway) would be a desirable improvement. No building permits are to be issued by the City
after the 2008 build-out date.
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 26,300 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 13,000 gallons per day, subject to the applicant making
a firm reservation of capacity, following approval of the site plan.
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. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 17 and 19. Based on the School District's adopted multipliers for a dwelling
Page 9
File Number: LUAR 06-023
Name: Yachtsman's Cove
unit, the proposed 61 units would generate five (5) elementary school students, three (3)
middle school students, and four (4) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Capacity Current Enrollment Utilization%
Rollinq Green Elementary 842 795 94%
Congress Middle School 1742 1100 63%
Boynton Beach High 2448 1744 71%
School
On December 2, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. The 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. The level of service for school
concurrency is 110%. Based on existing utilization, another school would not be necessary to
serve the area. lastly, drainage would also be reviewed in more detail as part of the review of
the site plan application. The accompanying site plan would have to 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 proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. There
are no indications that the proposed amendment / rezoning would negatively impact property
values. In fact, staff notes that the proposed rezoning to IPUD would positively affect property
values due to the nuisance characteristics of the existing commercial plaza that have been
documented in the past. The applicant states that the new development is well matched to
enhance the community with the proposed townhouse project. Similar developments are being
proposed along this corridor.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with a strip commercial center. As evidenced, the
current development is not the highest and best use of the site. Under the current zoning
category, the C-3 zoning district reverts to the R-3 zoning district when developing with
residential uses. The R-3 zoning district allows for a residential density of 10.8 dwelling units
per acre. A lower density does not necessarily translate into projects with higher quality and
design. Under the existing use, the applicant states that the corridor does not allow sufficient
housing opportunities to support the economic revitalization along the Federal Highway Corridor
Page 10
File Number: LUAR 06-023
Name: Yachtsman's Cove
as recommended in the Community Redevelopment Plan. This property, which is eligible for
the IPUD zoning category, would allow a residential density of up to 20 dwelling units per acre.
The proposed zoning change would allow for greater flexibility in terms of use, density, and
setbacks, which is translated into a quality project as evidenced by the accompanying site 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 would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal if not lessened.
The proposed project would have a positive impact on property values and visual impacts to
adjacent properties would be minimized through good project design, appropriate setbacks, and
dense landscaping and buffering. This site and its project characteristic are consistent with
Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City
and City's utility service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du / ac 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
much lower 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 Highway Corridor Community Redevelopment Plan. It is more difficult to redevelop
a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced
because to do so, would be consistent with many of the Objectives in the Comprehensive Plan
and their subordinate policies.
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the City Commission recommends conditions, they
will be included within Exhibit "B".
S:\Plannlng\SHARED\Wp\PROJECTS\YacI1tsmans Cove\LUAR 06-003\Staff Report.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
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EXHIBIT "B"
Conditions of Approval
Project name:
Pile number:
Reference'
Yachtsman's Cove
LUAR 06-003
Staff re ort Memorandum P &Z 06-023
"
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVlRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEPARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S:\Planning\SHARED\ WP\PR OJ ECTS\ Y achtsmans Cove\LUAR 06-003\COA.doc
}({\
,": t ':) "
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.5
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon)
D December 20, 2005 December 5, 2005 (Noon)
D January 3, 2006 December 19,2005 (Noon)
D January ] 7, 2006 January 3, 2006 (Noon)
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
January 17,2006 (Noon)
February 6, 2006 (Noon)
D February 28, 2006
[8J March 21,2006
February 21,2006 (Noon)
March 6, 2006 (Noon)
NATURE OF
AGENDA ITEM
D
D
D
D
D
D
i=;-" \'.~ -....;
Administrative
Consent Agenda
Public Hearing
Bids
Announcement
City Manager's Report
D
D
[8J
D
D
Development Plans
New Business
.- i -,--~
c--
---'J
~.~~t
Legal
Unfinished Business
Presentation
-0
-, "
,.::J
-'1
"icG
~:-P,
~ ) ~>
(j
RECOMMENDATION: Please place this request on the March 21, 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 February 28, 2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-023.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (LUAR 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-I6) Canal
Request to rezone from Community Commercial (C-3) to IPUD InfilI Planned Unit
Development.
Proposed use:
6 I townhouse units
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Devel 1ffv';MWU
?:::1j "'? ~""irre"o' City Attorney I Finance I Human Re,o,"ce,
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\LUAR 06-003\Agenda Item Request Yachtsman's Cove LUAR 06-003 Rezone 3-21-06.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
ORDINANCE NO. 06- oao
3 ! AN ORDINANCE OF THE CITY OF BOYNTON
4 i I BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF YACHTSMAN PROPERTIES,
6 LI~C, AMENDING ORDINANCE 02-013 TO
7 REZONE A PARCEL OF LAND LOCATED ON
8 THE EAST SIDE OF FEDERAL HIGHWAY,
9 APPROXIMATELY 375 FEET NORTH OF THE
10 BOYNTON (C-16) CANAL, AS MORE FULLY
11 DESCRIBED HEREIN, FROM COMMUNITY
12 COMMERCIAl, (C-3) TO INFILL PLANNED UNIT
13 DEVELOPMENT (IPUD); PROVIDING FOR
14 CONFLICTS, SEVERABILITY, AND AN
15 EFFECTIVE DATE.
16
1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
1 9 and
20 WHEREAS, Yachtsman Properties, LLC, owner of the property located on the east
21 side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal in
22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
23 its agent, Atlantis Environmental Engineering, Inc., pursuant to Section 9 of Appendix A-
24 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of
25 rezoning a parcel of land, said land being more particularly described hereinafter, Community
26 Cf'mmercial (C-3) to Infill Planned Unit Development (IPUD); and
27 WHEREAS, the City Commission conducted a public hearing and heard testimony
28 received evidence which the Commission finds supports a rezoning for the property
2 9;mafter described; and
3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
'/rdinances\Planning\Rezoning\Rezoning - Yachtsmans Cove.doc
1 an amendment to the Land Use which was contemporaneously considered and approved at
2 the 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 located on the east side of Federal
9
10 Highway approximately 375 feet north of the Boynton (C- I 6) Canal in the City of Boynton
11 Beach, Florida, as set forth as follows:
12 Parcel No.1: Lot 19, Yachtrnan's Cove, according to the Plat thereof, as recorded in Plat
13 Book 31, Page 225, of the Public Records of Palm Beach County, Florida.
14
15 Parcel No.2: Section 1, Coquina Cove, according to the Plat thereof, as recorded in Plat
16 Book 24, Page 14 of the Public Records of Palm Beach County, Florida, LESS the right
1 7 of way for U.S. Highway #1 (State Road 5).
18
19 be and the same is hereby rezoned from Community Commercial (C-3) to Infull Planned Unit
20 Development (IPUD). A location map is attached hereto as Exhibit "A" and made a part of
21 this Ordinance by reference.
22 Section 3.
23 accordingly.
24 Section 4.
25 repealed.
26 Section 5.
That the aforesaid Revised Zoning Map of the City shall be amended
All ordinances or parts of ordinances in conflict herewith are hereby
Should any section or provision of this Ordinance or any portion thereof
S:\CA \Ordinances\Planning\Rezoning\Rezoning - Yachtsmans Cove. doc
1 be 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 i=e.bctUJ.-CY ,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 - Yachtsmans Cove.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
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DEVELOPMENT DEPARTMENT
PLANNING It. ZONING DMSION
MEMORANDUM NO. PZ 06-023
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
FROM:
Michael W. Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~
Planner (/
February 7, 2006
Yachtsman's Cove (LUAR - 06-003)
THROUGH:
DATE:
PROJECf
NAME/NUMBER:
REQUEST:
Amend the future land use designation from Local Retail Commercial
(LRC) to Special High Density Residential (SHDR); and to rezone the
property from (C-3) Community Commercial to (IPUD) Intill Planned Unit
Development.
PROJECT DESCRIPTION
Property Owner: Yachtsman Properties, LLC
Applicant: Yachtsman Properties, LLC
Agent: Atlantis Environmental Engineering, Inc.
Location: On the east side of Federal Highway, approximately 375 feet north of the
Boynton (C-16) Canal (Exhibit "A'1
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 dujac)
Proposed Zoning:
Infill Planned Unit Development (IPUD)
Proposed Use:
61 fee-simple townhouse units
Acreage:
3.35 acres
Page 2
File Number: LUAR 06-023
Name: Yachtsman's Cove
Adjacent Uses:
North:
South:
East:
West:
An existing mobile home park recently approved for condominiums and
townhouse units (Seaview Park Club) with a Special High Density
Residential (SHDR) land use classification and zoned Infill Planned Unit
Development (IPUD);
Right-of-way for Ocean Inlet Drive, then farther south is developed
property (Murano Bay) with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD);
Developed single-family residential lots with a Low Density Residential
(LOR) land use classification and zoned Single-family Residential (R-1-
AA); and
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEe) railroad.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The proposed redevelopment is located in the Federal Highway Corridor Community
Redevelopment Plan Study Area I, is consistent with the intent of the redevelopment
plan, and therefore meets the criteria for consideration of the land use amendment as
described in Policy 1.16.1 of the Future Land Use Element of the Comprehensive Plan;
2. The project would not create additional impacts on infrastructure that have not been
anticipated in the Comprehensive Plan;
3. The proposed site plan is consistent with the intent and requirements of the IPUD
regulations (provided that all conditions are met) and meets the requirements for
compatibility with the adjacent properties based on the proposed uses, landscaping
buffers, and setbacks; and
4. The proposed project will have a positive impact on values of adjacent property and will
contribute to the overall economic development of the City.
PROJECT ANALYSIS
Chapter 163.3187, Florida Statutes states the requirements for small-scale Comprehensive Plan
map amendments. The proposed amendment must involve a use of fewer than ten (10) acres
and a residential use must have a density of ten (10) units or less in density, unless the subject
property is located in an area designated for urban inti", urban redevelopment, or downtown
revitalization. The parcel, which is the subject of this land use amendment, totals 3.35 acres.
Even though the requested density Is greater than 10 du I ac, It Is located within a recognized
Page 3
File Number: LUAR 06-023
Name: Yachtsman's Cove
redevelopment area. Because of this and the size of the property under consideration, the
amendment qualifies as a "small scale" amendment. A "small-scale" amendment is adopted
prior to fOlwarding to the Florida Department of Community Affairs (DCA) and is not reviewed
for compliance with the state, regional, and local comprehensive plans prior to adoption.
Master Plan I Site Plan Overview
The IPUD regulations are intended to be used in situations where new development or
redevelopment is proposed within an already developed area or neighborhood located in the
Federal Highway Corridor Community Redevelopment Plan Study Areas I and V. A mixture of
uses, including residential, retail commercial and office, may be allowed to the extent that no
land use conflicts would result and the basic intent of the Zoning Code and the Comprehensive
Plan would be followed. When the IPUD is to be developed in a single phase, the Site Plan for
that development may also represent the Master Plan. A request for Site Plan Approval is being
processed concurrent with this request for future land use map amendment and rezoning.
It is a basic public expectation that landowners requesting the use of the IPUD district would
develop design standards that exceed the basic development standards in terms of site design,
building architecture and construction materials, amenities and landscape design. The extent of
variance or exception to basic design standards, including but not limited to requirements for
parking spaces, parking lot and circulation design, and setbacks, would be dependent on how
well the above stated design expectations are met in the proposed development plan.
The IPUD shall minimize adverse impacts on surrounding property. The City is not obligated to
automatically approve the level of development intensity requested for the IPUD. Instead, it is
expected to approve only such level of intensity that is appropriate for a particular location in
terms of land use compatibilities. The City may require, as a condition of approval, any
limitation condition, or design factor that will provide a reasonable transition to adjacent
development. In order to be approved, an IPUD project must be compatible with and preserve
the character of adjacent residential neighborhoods. Furthermore, it must be an enhancement
to the overall local area and the city in general. Presentation of projects that fail to do so would
be denied. Each IPUD project is independent and is evaluated solely upon its own merits. The
inclusion of certain features in a previously approved IPUD project may not be entertained as a
valid argument for the inclusion of that same feature in any other IPUD project if the City
decides to reject those features. While the details of the proposed site plan are a companion
agenda item, a brief overview of the site plan is included below.
Site Plan Analysis
The Special High Density Residential land use category allows a maximum of 20 dwelling units
per acre. In this instance, the applicant is proposing a development containing 61 units for an
overall density of 18.2 dwelling units per acre. The 61 units are proposed within 12 separate
buildings on the 3.35-acre site. Each building would contain a varying number of dwelling
units, ranging from three (3) units to six (6) units. The floor plans propose four (4) models,
ranging from 1,887 square feet to 2,511 square feet of "under roof area". The site plan
proposes 36 two (2)-bedroom units and 25 three (3)-bedroom units and a recreation facility.
Page 4
File Number: lUAR 06-023
Name: Yachtsman's Cove
The IPUD zoning district allows buildings to reach a maximum height of 45 feet. However, a
lesser building height could be imposed if compatibility with the adjacent properties would be in
jeopardy. The elevations show the buildings would either be two (2) or three (3) stories in
height, the tallest of which would be 34 feet - two (2) inches in height measured at the mid-
point of the pitched roof. All buildings would comply with the height limitation of the IPUD
zoning district. It should be noted that the peak of the roof would be 42 feet - one (1) inch in
height. Although not dimensioned on the elevations, the peak of the decorative cupolas is
proposed at 46 feet - nine (9) inches height. The elevation pages would have to be revised to
indicate the height dimension for the decorative cupolas. It should be noted that the peak of
the cupolas cannot exceed 45 feet in height and the developer would either have to reduce the
cupolas to 45 feet in height or request and be approved for a height exception.
As previously mentioned the abutting properties to the east are zoned R-l-AA and developed
with a mix of one (1) and two (2) story, single-family detached homes. The R-l-AA zoning
district only allows a maximum building height of up to 30 feet (at mid-point of roof), a
difference of 15 feet. Initially, the developer planned to propose buildings that were all three
(3) stories in height. However, staff informed the developer that the proposed building height
on the subject property would be a critical design element to consider when requesting the
IPUD zoning district. Staff suggested that the applicant reduce the proposed building heights,
from three (3) stories to two (2) stories. In heeding staffs suggestions, the developer is now
proposing a mix of two (2) and three (3)-story buildings. As proposed, the three (3)-story
buildings would be located near the center and western portions of the site (along Federal
Highway) while the two (2)-story structures are proposed along the eastern fringe (adjacent to
the single-family detached homes). As designed, the pool/recreation area (of the subject
project) and the two (2)-story building (depicted as Building 4 on the site plan) is comparable in
height and compatible to any structure built within the R-l-AA zoning district. The site plan
shows that Building 4 and the pool area are proposed between the three (3)-story buildings and
the existing homes located within the R-l-AA zoning district. Staff feels that this proposed
configuration represents an excellent compromise to improve compatibility between the subject
property and the abutting properties to the east, in order to mitigate the height discrepancy. It
is important to note that the homes in the Yachtman's Cove subdivision to the east may be
developed as two (2) story structures with a maximum building height of 30 feet. However,
Building 1, proposed as a three (3)-story structure at the northeast corner of the subject site,
would be located only 12 feet away from the east property line that abuts property with a
single-family detached home in the R-l-AA zoning district. As proposed, Building 1 is comprised
of six (6) units with varying model types. Staff feels that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot. Therefore, staff is
recommending the following two (2) solutions: Either eliminate the easternmost unit of
Building 1 (depicted as Model "A" of Building 1 on the site plan) or reduce the height of Model
"A" from three (3)-stories to two (2)-stories. Staff feels that decreasing the height of the east
fa!;ade of Model "A" of Building 1 would provide for an equitable transition between the
maximum height (of 30 feet) allowed in the adjacent R-l-AA zoning district (to the east) and
the 45-foot height allowed in the proposed project. After considering the ultimate height of the
proposed structure (34 feet - two (2) inches), evaluating the effects of comparable situations
elsewhere, considering that the majority of adjacent Single-family homes are one-story or two-
story and less than 30 feet in height, and after reconsidering the intent of the IPUD district to
Page 5
File Number: LUAR 06-023
Name: Yachtsman's Cove
maximize compatibility, staff has determined that compatibility would be best achieved by
limiting structure height to a maximum of two (2) stories in that portion of the project.
Review Based on Reauired 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 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 subject property is located in the hurricane evacuation zone; however, the proposed 61-
unit development would be replacing a failing strip commercial plaza. The current land use
category (Local Retail Commercial) would allow up to 10.8 dwelling units per acre (a total of 36
dwelling units). The proposed rezoning would be consistent with current comprehensive plan
policies to encourage infill development and redevelopment projects. The developer is
requesting the Special High Density Residential land use category, which allows a maximum
project density of 20 dwelling units per acre (a total of 67 dwelling units). However, the project
proposes a total of 61 dwelling units, which equals a density of 18.2 dwelling units per acre.
Still, the comprehensive plan specifically addresses projects proposing higher densities. Policy
1.12.1 of the future Land Use Element states the following:
"The City shall adopt and enforce regulations to require 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'~
Therefore, approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association (see Exhibit "6" - Conditions of Approval).
The criteria for assigning the Special High Density Residential land use category are found in
Policy 1.16.1 of the Future Land Use Element:
"This land use category shall consist of redevelopment and infi/! 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
Page 6
File Number: LUAR 06-023
Name: Yachtsman's Cove
''Federal Highway Corridor Community Redevelopment Plan'; adopted on May
1~ 2001. "
The proposed redevelopment is located in Planning Area I, as defined in the above-cited
redevelopment plan, and therefore is consistent with this portion of Policy 1.16.1.
The Infill Planned Unit Development (IPUD) Zoning District as set forth by the City of Boynton
Beach ("City'') was created for the purpose of allowing flexibility to accommodate infill and
redevelopment on parcels less than five (5) acres in size specifically within the "Federal
Highway Corridor Community Redevelopment Plan" Study Areas I and V. The intent of the
IPUD zoning district is to allow for a mixture of uses, including residential, retail commercial and
office uses. Additionally, the IPUD zoning district was created to ensure compatibility of infill
redevelopment with adjacent existing single-family development, to clarify setback
requirements and to provide standards for building design elements. The IPUD zoning
regulations state that "it is a basic public expectation that landowners requesting the use of the
IPUD district will develop design standards that exceed the basic development standards in
terms of site design, building architecture and construction materials, amenities and landscape
design". Additional expectations of the IPUD are to minimize adverse impacts on surrounding
property; to be compatible with and preserve the character of adjacent residential
neighborhoods; to be an enhancement to the local area and the City in general; and, that it is
independent and will be evaluated solely on its own merits.
Other policies contained in the Comprehensive Plan that are applicable to this request include
the following:
Policy 1.19.1- The City shall continue efforts to encourage a full range of
housing choices, by allowing densities which can accommodate the approximate
number and type of dwellings for which the demand has been projected in the
Housing and Future Land Use Elements, including the provision of adequate sites
for housing very-IoHl, low-, and moderate income households and for mobile
homes;
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; and,
The requested land use amendment and rezoning are consistent with both policies since it
would remove the possibility that commercial-only types of development could be built on the
subject property. In addition, the requested changes are consistent with the following
strategies for Planning Area I, as stated in the Federal Highway Corridor Community
Redevelopment Plan:
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; and
Page 7
File Number: LUAR 06-023
Name: Yachtsman's Cove
Require a transition to the adjacent gatewav 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.
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 requested land use amendment and rezoning would promote efficient use of the subject
property. The property's location within both the Community Redevelopment Area and
Planning Area I of the Federal Highway Corridor suggests that the requested increase in density
is appropriate for the area. The abutting property to the south (Murano Bay) was approved
with the SHDR land use classification to allow for the construction of 20 fee-simple townhouse
units at a project density of 11.46 dwelling units per acre. The abutting property to the north
(Seaview Park Club) was approved with the SHDR land use classification to allow the
construction of 69 townhouse-style condominium units at a density of 18.37 dwelling units per
acre. Therefore, the requested density of this application (18.2 dwelling units per acre) is
comparable to that of the abutting development to the north and south and is consistent with
the transition of uses recommended in the Federal Highway Corridor Community
Redevelopment Plan. The requested density is also typical of the development pattern in the
coastal area, where there coexists a combination of both single family neighborhoods and multi-
family developments. Each development's heights may vary greatly based on the type of
development they are, often without consideration for abutting development. The project's
proposed building heights, with the incorporation of all staff's conditions in accompanying site
plan (NWSP 06-003), meets the intent of what staff envisioned when creating the SHDR land
use and IPUD zoning district. These types of land use and zoning changes, including the
subject request, are consistent with the City's redevelopment plans and would not grant special
privilege to an individual property owner as contrasted with the protection of the public welfare.
The requested amendment would not create an isolated or unrelated district and would help to
create a better transition to the residential neighborhood to the east.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The property is currently developed with a failing strip commercial plaza. The redevelopment of
the property is desirable for beautification, economic benefit, as well as for the purpose of
removing older structures from the coastal high hazard area. The changing conditions make
the proposed land use amendment and rezoning desirable. The Federal Highway Corridor
Community Redevelopment Plan recommended the changes of zoning categories within
Planning Area I in order to create a desired appearance of a neighborhood which, being near to
the downtown core area is a gateway to the city. The recommendations were also aimed at
promoting urban infill by eliminating one-story strip commercial plazas and automobile-oriented
(i.e. drive-thru) types of uses. Any redevelopment activities in Planning Area I consistent with
the above objectives would support increasing developers' interest in the downtown core area.
The proposed rezoning maintains the residential character of the area, and will provide an
Page 8
File Number: lUAR 06-023
Name: Yachtsman's Cove
aesthetically pleasing living environment in proximity to the downtown. Furthermore, the
accompanying site plan proposes townhouse units that are designed with their front doors
oriented towards Federal Highway, thereby engaging the public space and thus creating a
better sense of community, neighborhood, and gateway into Boynton Beach.
d. Whether the proposed use would be compatible with utility systems, roadways,
and other public facilities.
Projected utility systems demands and traffic generation impacts were provided by the applicant
and are shown below.
Maximum Potential Water / Sewer Traffic
Development Population Demand Generation
Potential Trips / day
Existing Land Use 32,022 square 21 persons* 6,300 gpd* / 1,812*
(Actual) feet of 6,300 gpd*
commercial *
Proposed Development 61 fee-Simple 153 persons 26,300 gpd/ 427
townhouse 13,000 gpd
units
* Statistics derived from the land use / amendment application and its supporting
documents
The applicant submitted a traffic study and it was forwarded to the Palm Beach County Traffic
Division for their review and approval. The Traffic Division reported that the proposed land use /
zoning change meets the Traffic Performance Standards (TPS) of Palm Beach. The project is
expected to generate 35 peak hour a.m. trips and 40 peak hour p.m. trips. In summary, the
proposed development would result in a reduced traffic impact in comparison to the existing use
on the site and the realignment of the eastern portion of Northeast 15th Place (at Federal
Highway) would be a desirable improvement. No building permits are to be issued by the City
after the 2008 build-out date.
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 26,300 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 13,000 gallons per day, subject to the applicant making
a firm reservation of capacity, following approval of the site plan.
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. Regarding school concurrency, the proposed project lies within Concurrency
Service Area (CSA) 17 and 19. Based on the School District's adopted multipliers for a dwelling
Page 9
File Number: LUAR 06-023
Name: Yachtsman's Cove
unit, the proposed 61 units would generate five (5) elementary school students, three (3)
middle school students, and four (4) high school students. The schools currently serving the
area and their utilization are as follows:
Schools Current Caoacity Current Enrollment Utilization%
Rollina Green Elementary 842 795 94%
Conaress Middle School 1742 1100 63%
Boynton Beach High 2448 1744 71%
School
On December 2, 2005, the School District issued a Concurrency Determination for the site plan,
valid for one (1) year. The 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. The level of service for school
concurrency is 110%. Based on existing utilization, another school would not be necessary to
serve the area. Lastly, drainage would also be reviewed in more detail as part of the review of
the site plan application. The accompanying site plan would have to 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 proposed land use amendment / rezoning would be compatible with the current and future
use of properties located to the north, south, east, and west of the subject property in
accordance with the vision for the corridor as represented by the redevelopment plan. There
are no indications that the proposed amendment / rezoning would negatively impact property
values. In fact, staff notes that the proposed rezoning to IPUD would positively affect property
values due to the nuisance characteristics of the existing commercial plaza that have been
documented in the past. The applicant states that the new development is well matched to
enhance the community with the proposed townhouse project. Similar developments are being
proposed along this corridor.
f. Whether the property is physically and economically developable under the
existing zoning.
The subject parcel was previously developed with a strip commercial center. As evidenced, the
current development is not the highest and best use of the site. Under the current zoning
category, the C-3 zoning district reverts to the R-3 zoning district when developing with
residential uses. The R-3 zoning district allows for a residential density of 10.8 dwelling units
per acre. A lower density does not necessarily translate into projects with higher quality and
design. Under the existing use, the applicant states that the corridor does not allow sufficient
housing opportunities to support the economic revitalization along the Federal Highway Corridor
Page 10
File Number: LUAR 06-023
Name: Yachtsman's Cove
as recommended in the Community Redevelopment Plan. This property, which is eligible for
the IPUD zoning category, would allow a residential density of up to 20 dwelling units per acre.
The proposed zoning change would allow for greater flexibility in terms of use, density, and
setbacks, which is translated into a quality project as evidenced by the accompanying site 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 would also support the current trend toward
greater residential uses in this area, economic revitalization, and downtown redevelopment.
Anticipated impacts to traffic, and demands for water and sewer are minimal if not lessened.
The proposed project would have a positive impact on property values and visual impacts to
adjacent properties would be minimized through good project design, appropriate setbacks, and
dense landscaping and buffering. This site and its project characteristic are consistent with
Objective 1.13 that discourages urban sprawl by creating a compact urban area within the City
and City's utility service areas.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
In accordance with the definition of the Special High Density Residential land use designation in
Policy 1.16.1 of the Future Land Use Element, residential densities of 20 du / ac 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
much lower 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 Highway Corridor Community Redevelopment Plan. It is more difficult to redevelop
a site rather than develop a vacant site. Therefore, redevelopment efforts should be embraced
because to do so, would be consistent with many of the Objectives in the Comprehensive Plan
and their subordinate policies.
CONCLUSIONSIRECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan and
respective redevelopment plan; would not create additional impacts on infrastructure that
cannot be accommodated, meets the intent of the IPUD regulations, and would contribute to
the overall economic development of the City. Therefore, staff recommends that the subject
request be approved subject to the developer creating a homeowners' or residents' association
as per Policy 1.12.1 of the future Land Use Element of the Comprehensive Plan. If the
Community Redevelopment Agency Board or the Oty Commission recommends conditions, they
will be included within Exhibit "B".
S:\Plannlng\SHARED\WP\PROJECTS\Yachtsmans Cove\LUAR 06-003\Statr Report.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
N
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EXHIBIT "B"
Conditions of Approval
Project name:
Pile number:
Reference'
Yachtsman's Cove
LUAR 06-003
Staffreport Memorandum P&Z 06-023
, DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING & ZONING
Comments:
1. The City shall adopt and enforce regulations to require that all new X
residential developments of more than 50 units, which are located in the
Hurricane Evacuation Zone, will provide continuing information to
Page 2
Yachtsman's Cove
File No.: LUAR 06-003
DEP ARTMENTS INCLUDE REJECT
residents concerning hurricane evacuation and shelters through the
establishment of a homeowners' or residents' association. Therefore,
approval of this rezoning is contingent upon the subsequent creation of a
homeowners' or residents' association.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3. To be determined.
S :\PJanning\SHARED\ WP\PR OJ ECTS\ Y achtsmans Cove\LU AR 06-003\COA.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.6
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
0 December 6, 200S November 14, 200S (Noon.)
0 December 20, 200S December S, 200S (Noon)
0 January 3, 2006 December 19, 200S (Noon)
0 January 17, 2006 January 3,2006 (Noon)
Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office
o February 7, 2006 January 17,2006 (Noon)
o February 21,2006 February 6,2006 (Noon)
D February 28, 2006 February 21, 2006 (Noon)
[8J March 21,2006 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
[8J Legal
o UnfInished Business
o Presentation
. ----t
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:::~J
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda undeu .
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing aool.,egat ~=
Ordinance - First Reading on February 28,2006. For further details pertaining to the request, see attached Depafttijent;;--
Memorandum No. PZ 06-018. :=) "
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (ABAN 06-001)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request to abandon a portion of the Northeast 15th Place right-of-way.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
-J4IfatL~ . IP>
City anager's gn ~
Developm t epa
~cJ 7~:
'Planning and 0 mg Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\ABAN 06-001 \Agenda Item Request Yachtsman's Cove ABAN OS-008 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- Ot}. I
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING ABANDONMENT
5 OF A PORTION OF THE 50 FOOT WIDE RIGHT -OF-
6 WAY KNOWN AS NORTHEAST 15TH PLACE,
7 LOCATED ON THE EAST SIDE OF FEDERAL
8 HIGHWAY APPROXIMATELY 650 FEET NORTH OF
9 THE BOYNTON (C-16) CANAL, SUBJECT TO STAFF
10 COMMENTS; AUTHORIZING THE CITY MANAGER
11 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
12 RECORDED 'VITH THIS ORDINANCE IN THE
13 PUBLIC RECORDS OF PALM BEACH COUNTY,
14 FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, Atlantis Environmental Engineering, Inc., as agent, is requesting the
18 abandonment of a portion of the 50 foot wide right of way known as Northeast 15th Place,
19 located on the east side of Federal Highway. The subject right-of-way is located approximately
20 650 feet north of the Boynton (C- 16) Canal and 2,850 feet south of the intersection Gateway
21 Boulevard and Federal Highway, subject to staff comments; and
22
23 WHEREAS, comments have been solicited from the appropriate City Departments, am'
24 public hearings have been held before the City's Community Redevelopment Agency, and the
25 City Commission on the proposed abandonment; and
26
27 WHEREAS, staff has determined that although the subject right-of-way currently serves
28 a public purpose in its current configuration, the service it provides can be adequately
29 accommodated by the proposed relocation and therefore recommends approval subject to staf
30 comments.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
33 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
34
35 Section 1. The foregoing Whereas clauses are true and correct and incorporated
36 herein by this reference.
37
38 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby
39 abandon a portion of the 50-foot wide right-of-way known as Northeast 15th Place, located on
40 the east side of Federal Highway The subject right-of-way is located approximately 650 feet
41 north of the Boynton (C-16) Canal and 2,850 feet south of the intersection of Gateway
42 Boulevard and Federal Highway, subject to staff comments, and more particularly described in
43 the attached Exhibit "A." A location map is attached hereto as Exhibit "B."
S:\CA \Ordinances\Abandonments\ Y achtsmans Cove. doc
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Section 3. This abandonment shall not take effect until the proposed relocated
portion of NE 15th Place had been reviewed and accepted by the City Commission through the
re-platting of the existing Yachtman's Cove commercial area into the proposed townhome
development.
Section 4. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 5. This Ordinance shall take effect immediately upon passage subject to
delayed implementation as set forth above.
2006.
FlRST READING this ~ day of Febcu.o..c1' 2006.
SECOND, FINAL READING AND PASSAGE THIS _day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:ICA IOrdinanceslAbandonmentsl Yachlsmans Cove.doc
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 the 50-foot wide right-of-way known as Northeast 15th Place, located on the east
side of Federal Highway The subject right-of-way is located approximately 650 feet north of
the Boynton (C-l6) Canal and 2,850 feet south of the intersection of Gateway Boulevard and
Federal Highway, 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 , 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
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
ofntc;JJ 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
, 2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S'(' h'<;rJinances\Abandonments\Yachtsmans Cove.doc
Legal Description:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book
3 I, Page 225, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
BEGINNING at the Southwest Comer of Lot 19, Y ACHTMAN'S COVE, said
point being further described as being on the Northerly Right-of-Way Line of said
N. E. 15th Place and the Easterly Right-of-Way Line of Federal Highway U. S. I;
thence South 07042'00" West, along said Easterly Right-of-Way Line, a distance
of 3.27 feet to the Point of Curvature of a circular curve to the left; thence
Southerly and Westerly, along the arc of said curve, and said Easterly Right-of-
Way Line, having a radius of 7589.49 feet, through a central angle of 00021 '22",
an arc distance of 47.18 feet to a point on the South Right-of-Way Line of said N.
E. 15th Place; thence South 89055 '00" East, along said South Right-of-Way Line, a
distance of 304.05 feet to the Southwest Comer of said Lot 1 of said
Y ACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot
1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51
feet to the Point of Curvature of a circular curve to the right; thence Northerly and
Easterly, along the arc of said curve, having a radius of 50.00 feet, and a central
angle of 82023'00", an arc distance of 71.89 feet to the Point of Tangency, said
point being further described as being on South Right-of-Way Line of said N. E.
15th Place; thence North 89055'00" West, along the Westerly projection of said
Right-of-Way line, a distance of 43.76 feet to a point; thence North 41006'30"
West, a distance of 66.44 feet to a point on the East Line of said Lot 19, said point
being further described as being on the West Right-of-Way Line of said N. E. 15th
Place; thence South 07042'00" West, along said East Line of Lot 19 and said
Right-of-Way Line, a distance 88.50 feet to the Point of Curvature of a circular
curve to the right; thence Southerly and Westerly, along the arc of said curve, and
the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of
said N. E. 15th Place, through a central angle of 82023'00", an arc distance of71.89
feet to the Point of Tangency; thence North 89055'00" West, along the South Line
of said Lot 19, and the North Right-of-Way Line of said N. E. 15th Place, a
distance of 208.84 feet to a point on the East Right-of Way Line of Federal
Highway U. S. I, said point being further described as being the Southwest Comer
of said Lot 19 and the POINT OF BEGINNING of this description.
Said lands situate, lying and being in the City of Boynton Beach, Palm Beach
County, Florida.
I l,/1 1/
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LOCATION MAP
Yachtsman's Cove
Exhibit ''13''
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230
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920
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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 the 50-foot wide right-of-way known as Northeast I 5th Place, located on the east
side of Federal Highway The subject right-of-way is located approximately 650 feet north of
the Boynton (C- I 6) Canal and 2,850 feet south of the intersection of Gateway Boulevard and
Federal Highway, 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 , 2006.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Janet Prainito Kurt Bressner, City Manager
City Clerk
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
, 2006.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S:\CA \OrdinanceslAbandonmenIS\Yachtsmans Cove .doc
Legal Description:
A portion of the Right -of-Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book
31, Page 225, of the Public Records of Palm Beach County, Florida, being
more particularly described as follows:
BEGINNING at the Southwest Comer of Lot 19, Y ACHTMAN'S COVE, said
point being further described as being on the Northerly Right -of- W ay Line of said
N. E. 15th Place and the Easterly Right-of-Way Line of Federal Highway U. S. 1;
thence South 07042'00" West, along said Easterly Right-of-Way Line, a distance
of 3.27 feet to the Point of Curvature of a circular curve to the left; thence
Southerly and Westerly, along the arc of said curve, and said Easterly Right-of-
Way Line, having a radius of 7589.49 feet, through a central angle of 00021 '22",
an arc distance of 47.18 feet to a point on the South Right-of-Way Line of said N.
E. 15th Place; thence South 89055'00" East, along said South Right-of-Way Line, a
distance of 304.05 feet to the Southwest Comer of said Lot 1 of said
Y ACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot
1, and the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of88.51
feet to the Point of Curvature of a circular curve to the right; thence Northerly and
Easterly, along the arc of said curve, having a radius of 50.00 feet, and a central
angle of 82023 '00", an arc distance of 71.89 feet to the Point of Tangency, said
point being further described as being on South Right-of-Way Line of said N. E.
15th Place; thence North 89055 '00" West, along the Westerly projection of said
Right-of-Way line, a distance of 43.76 feet to a point; thence North 41006'30"
West, a distance of 66.44 feet to a point on the East Line of said Lot 19, said point
being further described as being on the West Right-of-Way Line of said N. E. 15th
Place; thence South 07042'00" West, along said East Line of Lot 19 and said
Right-of-Way Line, a distance 88.50 feet to the Point of Curvature of a circular
curve to the right; thence Southerly and Westerly, along the arc of said curve, and
the Southeasterly Line of said Lot 19, and the Northwesterly Right-of-Way Line of
said N. E. 15th Place, through a central angle of 82023'00", an arc distance of71.89
feet to the Point of Tangency; thence North 89055'00" West, along the South Line
of said Lot 19, and the North Right-of-Way Line of said N. E. 15th Place, a
distance of 208.84 feet to a point on the East Right-of Way Line of Federal
Highway U. S. 1, said point being further described as being the Southwest Comer
of said Lot 19 and the POINT OF BEGINNING of this description.
Said lands situate, lying and being in the City of Boynton Beach, Palm Beach
County, Florida.
r l l,/1 /1
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-018
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael W. Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP t
Planner
February 8,2006
Abandonment of a portion of the Northeast 15th Place right-of-way
ABAN 06-001
FROM:
DATE:
SUBJECT:
NATURE OF REOUEST
Atlantis Environmental Engineering, Incorporated is requesting to abandon a portion of the 50-foot wide right-of-
way known as Northeast 15th Place, located on the east side of Federal Highway. The subject right-of-way is
located approximately 650 feet north of the Boynton (C-16) Canal and 2,850 feet south of the intersection Gateway
Boulevard and Federal Highway. The abandonment request was submitted on November 23, 2005. The portion of
the platted right-of-way to be abandoned is 50 feet in width and approximately 370 feet in length. The land area to
I .., abandoned would amount to 0.4518 acres (19,681.43 square feet) and is described as follows:
A portion of the Right-of-Way for N. E. 15th Place, as shown on the plat of YACHT MAN'S COVE, according to
the plat thereof, as recorded in Plat Book 31, Page 225, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows:
BEGINNING at the Southwest Corner of Lot 19, YACHTMAN'S COVE, said point being further described as
being on the Northerly Right-of-Way Line of said N. E. 15th Place and the Easterly Right-Of-Way Une of
Federal Highway U. S. 1; thence South 07042'OO"West, along said Easterly Right-Of-Way Line, a distance of
3.27 feet to the Point of Curvature of a circular curve to the left; thence Southerly and Westerly, along the
arc of said curve, and said Easterly Right-Of-Way Line, having a radius of 7589.49 feet, through a central
angle of 00021'22", an arc distance of 47.18 feet to a point on the South Right-Of-Way Line of said N. E. 15th
Place; thence South 89055'00" East, along said South Right-of-Way Line, a distance of 304.05 feet to the
Southwest Corner of said Lot 1 of said Y ACHTMAN'S COVE; thence North 07042'00" East, the West Une of
said Lot 1, and the Easterly Right-Of-Way Line of said N. E. 15th Place, a distance of 88.51 feet to the Point
of Curvature of a circular curve to the right; thence Northerly and Easterly, along the arc of said curve,
having a radius of 50.00 feet, and a central angle of 82023'00", an arc distance of 71.89 feet to the Point of
Tangency, said point being further described as being on South Right-Of-Way line of said N. E. 15th Place;
thence North 89055'00" West, along the Westerly projection of said Right-of-Way line, a distance of 43.76
feet to a point; thence North 41006'30" West, a distance of 66.44 feet to a point on the East line of said Lot
19, said point being further described as being on the West Right-of-Way Line of said N. E. 15th Place;
thence South 07042'00" West, along said East line of Lot 19 and said Right-Of-Way line, a distance 88.50
feet to the Point of Curvature of a circular curve to the right; thence Southerly and Westerly, along the arc
of said curve, and the Southeasterly Line of said Lot 19, and the Northwesterly Right-Of-Way Line of saId N.
E. 15th Place, through a. central angle of 82023'00", an arc distance of 71.89 feet to the Point of Tangency;
thence North 89055'00" West, along the South LIne of said Lot 19, and the North Right-Of-Way LIne of said
N. E. 15th Place, a distance of 208.84 feet to a point on the East Right-of Way line of Federal Highway U. S.
Page 2
Memorandum No. PZ 06-018
ABAN 06-018
1, said point being further described as being the Southwest Corner of said Lot 19 and the POINT OF
BEGINNING of this description.
The following is a description of the land uses and zoning districts of all properties that surround the subject right-
of-way.
Adjacent Uses:
North:
Developed commercial plaza, classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
South:
Developed commercial plaza/ classified Local Retail Commercial (LRC) and
zoned Community Commercial (C-3);
East:
Developed single-family residential lots with a Low Density Residential
(LDR) land use classification and zoned Single-family Residential (R-1-AA);
and
West:
Right-of-way for Federal Highway, then farther west is right-of-way for
the Florida East Coast (FEC) railroad.
BACKGROUND
Exhibit A - "Location Map" shows the general vicinity of the roadway to be abandoned. The right-of-way for
Northeast 15th Place, east of Federal Highway is approximately 975 feet in length. The applicant is requesting to
abandon the western one-third of the right-of-way where the roadway curves and connects with Federal Highway.
The remaining portion would remain intact to serve the existing 18 single-family homes via the proposed re-aligned
right-of-way connection to Federal Highway within the design of the townhouse project. Exhibit "B"- "Sketch of
Descprition" shows the exact location and dimensions of the subject site in conjunction with its legal description.
The subject right-of-way lies within the boundaries of the Plat of Yachtman's Cove. The plat/ originally approved on
March 25, 1975/ included 19 individual lots and submerged lands of the Intracoastal Waterway. 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 06-003) and reconfigure the right-of-way so that it connects with Federal Highway without any
curvature. Therefore/ approval of this abandonment request is subject to the approval of the accompanying
request for land use amendment I rezoning (LUAR 06-003) and the aforementioned site plan (see Exhibit "C"-
Conditions of Approval). The applicant's title company representative certifies that no record title to the subject
property is vested in the City of Boynton Beach and there would be no encumbrances affecting the described
property.
ANALYSIS
When a right-of-way/ such as this 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 Yachtsman's Cove townhouse project. 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.
Page 3
Memorandum No. PZ 06-018
ABAN 06-018
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
Approved with conditions (see Exhibit "c" - Conditions of
Approval).
No objection
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
Approval with conditions (see Exhibit "c" - Conditions of
Approval).
N/A
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
"II city departments and public utility providers have reviewed the subject abandonment request and are
;ommending approval of it subject to satisfying the conditions of approval. Their conditions stem from the fact
that there are existing utility lines currently located within the subject right-of-way and each condition would ensure
an acceptable solution for maintaining the connection of said utilities to the existing single-family homes located
east of the subject property. Each public utility provider is requiring the dedication of utility easements, which
would provide for uninterrupted service, in conjunction with allowing legal access to the property for maintenance
or upgrade purposes. The realignment of Northeast 15th Place and the dedication of easements on the Yachtsman's
Cove site plan would be accomplished through the re-platting process, which would be overseen by the Engineering
Division. No building permits would be issued until the re-platting process is reviewed and approved by the City
Commission.
RECOMMENDATION
Staff has determined that although the portion of the subject right-Of-way to be abandoned currently serves a
public purpose in its current configuration, the service it provides can be adequately accommodated by the
proposed relocation, and therefore recommends approval of the request to abandon a portion of the 50-foot
roadway as described above, subject to the comments included in Exhibit "c" - Conditions of Approval. Any
additional conditions recommended by the Community Redevelopment Agency Board meeting or City Commission
will be placed in Exhibit "c" - Conditions of Approval accordingly.
S:\Planning\SHARED\WP\PROJECTS\Yachtsmans Cove\ABAN 06-o01\Staff Report.doc
LOCATION MAP
Yachtsman's Cove
Exhibit "A"
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SKETCH OF DESCRIPTION
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P.O.B.
. W. CORNER
LOT 19, YACHTSMAN'S COVE
I
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LOT 19
Y ACHTMAN'S COVE
(P.B. 32. PG. 225)
~-OO~l'22.
-7589.49' S.-UNE lOT 1
l"47.18' N89"55'OO.W 208.84'
N.E. 15th PLACE
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(O.R.B. 3896. PG. 1731
COQUINA COVE
---
SECTION 1
LEGEND:
P.O.C.
P.O.B.
ESr.tT.
U.E.
R/W
P.B.
O.R.B.
PG.
P.B.C.R.
S.f.
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II
.. POINT Of COItIMENCEr.tENT II
- POINr Of BEGINNING
.. EASEMENT
.. unuTY EASEMENT.
.. RIGHT-Of-WAY
.. PLAT BOOK
.. OfFICIAl RECORD BOOK
.. PAGE
.. PALM BEACH COUNTY RECORDS
.. SQUARE FEET
.. CENlERUNE
AREA NOTES:
DESCRIPllON AREA ~ 19.681.4381 S.f.jO.4518 ACRES :l:
DA VIS & PURMORT, INC.
LB 10007219
Land Surveyors . Land Development. Consultants . Planners
843 SOUTHEAST 8th AVENUE- DEERFlElD BEACH, FL 33441
Phone: (954) 421-9101 ac (954) 698-9101 fall: (954)698-9722
SubdIvisions .&: Condominiums Land &: SIte Planning
lot &lMyS. Mortgage Surwyt. AcnIGge Swwye . Topographic SuMp. Record PIab. ClInclomInIum Platt . ConslnlCIIon layout
EXHIBIT B
GATEWAY BlW.
SITE
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INLET DR.
BOYNTON Ba-t. BlW.
LOCA 11 ON MAP
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COQUINA COVE
(P.B. 24, PG. 14)
DA
SCALE:
DRA~ BY:
VA IF:
JOB NO:
F.B./pG.
FILE
SHEET NO. 3
1" = 60'
N.l.R.
01-09-06
. 05-1141RD2
N/A
OF
3
EXH".'T B
DESCRIPTION:
Legal Description:
A portion of the Right-of- Way for N. E. 15th Place, as shown on the plat of
Y ACHTMAN'S COVE, according to the plat thereof, as recorded in Plat Book 31,
Page 225, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
BEGINNING at the Southwest Corner of Lot 19, Y ACHTMAN'S COVE, said point being
further described as being on the Northerly Right-of-Way Line of said N. E. 15th Place and
the Easterly Right-of-Way Line of Federal Highway U. S. 1; thence South 07042'00"
West, along said Easterly Right-of-Way Line, a distance of3.27 feet to the Point of
Curvature of a circular curve to the left; thence Southerly and Westerly, along the arc of
said curve, and said Easterly Right-of-Way Line, having a radius of 7589.49 feet, through
a central angle of 00021 '22", an arc distance of 47.18 feet to a point on the South Right-of-
Way Line of said N. E. 15th Place; thence South 89055'00" East, along said South Right-
of- Way Line, a distance of 304.05 feet to the Southwest Corner of said Lot 1 of said
YACHTMAN'S COVE; thence North 07042'00" East, the West Line of said Lot 1, and
the Easterly Right-of-Way Line of said N. E. 15th Place, a distance of 88.51 feet to the
Point of Curvature of a circular curve to the right; thence Northerly and Easterly, along the
arc of said curve, having a radius of 50.00 feet, and a central angle of 82023 '00", an arc
distance of71.89 feet to the Point of Tangency, said point being further described as being
on South Right-of-Way Line of said N. E. 15th Place; thence North 89055'00" West, along
the Westerly projection of said Right-of-Way line, a distance of 43.76 feet to a point;
thence North 41006'30" West, a distance of 66.44 feet to a point on the East Line of said
Lot 19, said point being further described as being on the West Right-of-Way Line of said
N. E. 15th Place; thence South 07042'00" West, along said East Line of Lot 19 and said
SUR~'S NOlES:
,. Al1. BEARINGS OR ANGLES SHO~ HEREON ARE BASED ON lHE
RECORD PLAT UNlESS 01HERMSE NOTED.
2. THIS SURVEY IS. HOT VAUO MTliOUT THE SUR'.1::YOO'S SlGNAlURE
ANO ENBOSSEO SE....L
CERTlFlCA TE:
I HEREBY CERTIFY mAT mE ATTACHED SKETCH Of OESCRIPllON Of
mE DESCRIBED PROPERTY IS TRUE AND CORRECT TO mE BEST Of
MY KNOVltEOGE 0 AS SURVEYED UNDER MY DIRECTION.
01-09-06
DA
1" = 60'
N.L.R.
01-09-06
05-1141RD2
N/A
DA VIS &: PURMORT, INC.
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./pG.
FILE
SHEET NO. 1
OF 3
LB #0007219
Land Surveyors . Land Development- Consultants - Planners
843 SOUTHEAST 8th AVENUE- DEERFlELD BEACH. F\. 33441
Phone: (954) 421-9101 ac (954) 698-9101 fQ~: (954)698-9722
SubdIvIsIons &: CondomInIums Land &: SIte PlannIng
lot !l\IwyI . ll<<ttoge Sumyt. Acfeoot Sumyt . TOfI09'GllhIc Surveya - Ilec:onl Plaia. Col....... PlaIa . CcInIIrucUon layout
EXHIBIT B
DESCRIPTION:
Right-of- Way Line, a distance 88.50 feet to the Point of Curvature of a circular curve to
the right; thence Southerly and Westerly, along the arc of said curve, and the Southeasterly
Line of said Lot 19, and the Northwesterly Right-of- Way Line of said N. E. 15th Place,
through a central angle of 82023 '00", an arc distance of 71.89 feet to the Point of
Tangency; thence North 89055'00" West, along the South Line of said Lot 19, and the
North Right-of-Way Line of said N. E. 15th Place, a distance of208.84 feet to a point on
the East Right-of Way Line of Federal Highway U. S. 1, said point being further described
as being the Southwest Corner of said Lot 19 and the POINT OF BEGINNING of this
description.
Said lands situate, lying and being in the City of Boynton Beach, Palm Beach County,
Florida.
legals/BanyanBay R WOverallJan06
A
DA VIS & PURMORT, INC.
SCALE:
DRAWN BY:
DATE:
JOB NO:
F.B./pG.
F1LE
SHEET NO. 2
OF .3
1" = 60'
N.loR.
01-09-06
05-1141RD2
N/A
LB #0007219
Land Surveyors . Land Development. Consultants . Planners
843 SOUTHEAST 8th. AVENUE- OEERFlELO BEACH. fL 334~1
Phone: (954) ~21-9101 &: (954) 698-9101 fox: (954)698-9722
SubdIvisIons &: Condornlnlurne Land &: SIte Planning
lot SUIveyI · Mort9096 S\IrwyI. Acreage Surttya . TCIfI09IQPhIc SIneyt. Reconl PIotI. CondomInium PIaII. ConIIrucIIon I.II)'OUt
EXHIBIT "C"
Conditions of Approval
Project name: Yachtsman's Cove (Northeast 15th Place) Abandonment
File number: ABAN 06-001
I DEP ARTMENTS I INCLUDE I REJECT t
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
-
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
1. This abandonment shall not take effect until the proposed relocated portion of X
Northeast 15th Place had been reviewed and accepted by the City Commission
through the re-platting of the existing Y achtman' s Cove commercial area into
the proposed townhouse development.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
2. Approval of this abandonment request is subject to the approval of the X
accompanying request for land use amendment / rezoning (LUAR 06-003),
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
and site plan (NWSP 06-003).
PUBLIC UTILITY PROVIDERS
Comments:
3. Adelphia: It will be necessary to provide a utility easement in this area or if X
the proposed development will not accommodate a utility easement, Adelphia
will need to relocate our buried facilities to a mutually agreed upon location.
This relocation will be funded by the requesting party.
4. Florida Public Utilities: Florida Public Utilities Company has existing gas X
facilities within the referenced area. We must, therefore, object to your
request unless all related relocation expenses will be paid by the party
requesting the abandonment by the date specified by Florida Public Utilities
Company.
5. Bellsouth: Bellsouth has buried facilities and a cross-connect cabinet in the X
. . To facilitate the abandonment request, it will be necessary to
VICInity.
provide a utility easement in this area or Bellsouth will need to relocate our
buried plant to a mutually agreeable location. The relocation will be funded
by the requested party.
6. FP &L: FP&L will need to establish a new route to serve the eXlstmg X
customers on Northeast 15th Place, Ocean Inlet Drive, and South Shore Drive;
Easements to be obtained, secured, and recorded by the developer;
The re-routed FP&L facilities must be constructed and energized prior to the
removal of the old facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
7. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
8. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\ Y achtsmans Cove\ABAN 06-00 I \COA .doc
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XII. - LEGAL
ITEM A.6. a.-
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
0 December 6, 2005 November 14,2005 (Noon.)
0 December 20, 2005 December 5, 2005 (Noon)
0 January 3, 2006 December 19,2005 (Noon)
0 January 17, 2006 January 3, 2006 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ 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
o February 7, 2006
o February 2 I , 2006
January 17,2006 (Noon)
February 6, 2006 (Noon)
o February 28, 2006
~ March 21, 2006
February 21, 2006 (Noon)
March 6, 2006 (Noon)
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
-'-,
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RECOMMENDATION: Please place this tabled public hearing item on the March 21,2006 City Cormllissiori' ;;:-~~
Agenda under Legal to follow the corresponding land use amendment, rezoning and abandonment requests, so that [mal -'....
consideration of the amendment, rezoning and abandonment applications precede action on this new site plan request. For
further details pertaining to the request, see attached Department Memorandum No. PZ 06-015.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Yachtsman's Cove (NWSP 06-003)
Atlantis Environmental Engineering, Inc.
Yachtsman's Property, LLC
East side of Federal Highway approximately 375 feet north of the Boynton (C-16) Canal
Request new site plan approval to construct 61 fee-simple townhouse units and related
site improvements on a 3.35-acre parcel in the Infill Planned Unit Development (IPUD)
zoning district.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
DeVdOpmen~
~ ~eeto' City Attorney / Fioanoe / Human R"oon,.,
S:\Planning\SHARED\WP\PROJECTSWachtsmans Cove\NWSP 06-003\Agenda Item Request Yachtsman's Cove NWSP 06-003 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-015
STAFF REPORT
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
FROM:
Michael Rumpf
Planning and Zoning Director
Eric Lee Johnson, AICP ~
Planner ()
February 8, 2006
DATE:
PROJECT NAME/NO:
Yachtsman's Cove / NWSP 006-003
REQUEST:
New Site Plan
PROJECT DESCRIPTION
Property Owner: Yachtsman Properties, LLC
Applicant: Yachtsman Properties, LLC
Agent: Atlantis Environmental Engineering, Inc.
Location: On the east side of Federal Highway, approximately 375 feet north of the
Boynton (C-16) Canal (Location Map - Exhibit "AU)
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Special High Density Residential (SHDR - 20 du/ac)
Proposed Zoning: Infill Planned Unit Development (IPUD)
Proposed Use: 61 fee-simple townhouse units
Acreage: :t3.35 acres
Adjacent Uses:
North:
An existing mobile home park recently approved for condominiums and
townhouse units (Seaview Park Club) with a Special High Density
Residential (SHDR) land use classification and zoned Infill Planned Unit
Development (IPUD);
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 2
South:
Right-of-way for Ocean Inlet Drive, then farther south is developed
property (Murano Bay) with a Special High Density Residential (SHDR)
land use classification and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential lots with a Low Density Residential
(LDR) land use classification and zoned Single-family Residential (R-1-AA);
and
West:
Right-of-way for Federal 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 two (2) irregular-shaped parcels separated by
the Northeast 15th Place right-of-way. The property lies within Study Area I of the
Federal Highway Corridor Redevelopment Plan. The survey shows the parcels are
currently developed with one (l)-story commercial buildings, parking areas, and
lighting fixtures. No ground elevations were shown on the survey.
BACKGROUND
Proposal:
Atlantis Environmental Engineering, Incorporated, agent for Yachtsman Properties,
LLC is proposing a new site plan for 61 fee-simple townhouse units. As previously
mentioned, the subject parcels are located within Study Area I of the Federal
Highway Corridor Redevelopment Plan. The Redevelopment Plan allows for higher
residential densities within this area, above the current density of 10.8 dwelling
units per acre allowed by the Local Retail Commercial (LRC) land use classification.
The developer is simultaneously requesting to reclassify the land use from LRC to
Special High Density Residential (SHDR) and rezone from Community Commercial
(C-3) to Infill Planned Unit Development (IPUD). Also, the developer is requesting
to abandon the curved portion of Northeast 15th Place, where it currently dissects
the sUbject property into two (2) lots. The intent is to abandon the roadway,
straighten its configuration, and re-align it approximately 100 feet to the north
(measured at the centerline) to connect to Federal Highway. In should be noted
that Northeast 15th Place would still remain as a public right-of-way. Therefore,
approval of this project is contingent upon the approval of the corresponding
requests for abandonment (ABAN 06-001) and land use change / rezoning. The
north parcel would be 0.943 acres and the south parcel would be 2.237 acres.
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 allow for 67 dwelling units. However, the project proposes a total of
61 dwelling units, which equals a density of 18.2 dwelling units per acre. The
entire project would be built in one (1) phase with the completion of the first
building anticipated in November of 2006.
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 3
Concurrency:
Traffic:
Utilities:
ANAL YSIS
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 redevelopment project meets the
Traffic Performance Standards of Palm Beach County. Furthermore, the County
would support the re-alignment of the eastern segment of Northeast 15th Place, to
align with the segment west of Federal Highway, to eliminate the 110 foot offset.
The Division suggests the developer conduct a "traffic signal warrant analysis" at
the re-aligned intersection, as suggested by the developer's traffic engineer. The
traffic concurrency approval is subject to the Project Aggregation Rules set forth in
the Traffic Performance Standards Ordinance. No building permits are to be issued
after the build-out date of 2008 (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
26,300 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 13,000 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 I Fire: Staff reviewed the site plan and determined that current staffing levels would be
sufficient to meet the expected demand for services.
Drainage:
School:
Driveways:
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).
The School District of Palm Beach County confirms that adequate capacity exists to
accommodate the proposed 61 dwelling units. The project is located within
Concurrency Service Area (CSA) #17.
The project proposes a total of five (5) driveway openings. Four (4) of the five (5)
driveway openings are proposed along the relocated Northeast 15th Place, while the
fifth opening, is proposed along Ocean Inlet Drive. Out of the four (4) driveways
proposed along Northeast 15th Place, two (2) of them are proposed on the north
side of the road while the other two (2) openings would be located on the south
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 4
side of Northeast 15th Place. Although not dimensioned on the site plan (sheet SP-
1), all the drive way openings proposed along Northeast 15th Place would be wide
enough to accommodate two (2)-way traffic movements for ingress and egress.
The fifth driveway opening, proposed along Ocean Inlet Drive would be a point of
egress only and vehicles would only be allowed to make a right (west) turn. It
should be noted that the landscape median within Ocean Inlet Drive was purposely
designed with no breaks to discourage vehicles from entering the site from a street
other than Northeast 15th Place.
The street system within the development is generally proposed in a north-south
direction. Each two (2)-way drive aisle would have 10-foot wide travel lanes, which
would conform to current engineering standards. All of the underground
infrastructure (Le. potable water lines, sanitary sewer lines) would be placed
underneath the street network, internal to the development. Also, residents would
access their garages via these drive aisles. A 24-foot back-up distance is proposed
to allow for easy vehicular access into each unit's garage. The sidewalks are
proposed separately from the street system to ensure the safety of each pedestrian.
Parking Facility: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per
unit. The project proposes 36 two (2)-bedroom units, 25 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 127 parking spaces. The site
plan shows that each unit would have a two (2)-car garage, which would thus
equate to providing 122 parking spaces. The size of each unit would vary but
generally, each garage would be dimensioned 18 feet in width by 20 feet in depth.
The plan also proposes six (6) 90-degree parking spaces and two (2) parallel
parking spaces. According to the Typical Parking Stall Detail, the 90-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. According to the site plan (sheet SP-1), the
parallel parking spaces would be 10 feet in width by 25 feet in length. Combining
the garage spaces, parallel spaces, and 90-degree spaces, the site plan would
provide for a total of 130 parking spaces or an excess of three (3) parking spaces.
Landscaping: The civil drawing (sheet C-1) tabular data indicates that 39,457 square feet (0.9
acres) or 27.4% of the site would be pervious surface. The plant list (sheet L2)
indicates the landscape plan would provide a total of 151 canopy trees, of which,
83 trees or 55% would be native. The plant list indicates that 84 or 50% of the
168 palm trees would be native. Also, the landscape plan would contain 1,462
shrubs I groundcover plants, of which 1,412 (96%) 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: Brazilian Beautyleaf, Green Buttonwood,
Savannah Holly, Purple Glory tree, Pink Trumpet tree, High Rise Oak, Silver
Buttonwood, Yellow Geiger tree, Japanese Fern tree, Red Crape Myrtle, Ugustrum
tree, Travelers palm, Soliataire palm, Medjool Date palm, Florida Royal palm,
Cabbbage palm, and Foxtail palm. Staff recommends that the lands remaining
outside the individual fee-simple area be under the control of the Homeowner's
Association to ensure proper maintenance of the buffer areas (see Exhibit "C"-
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 5
Condition of Approval). A note on the landscape plan (sheet L2) indicates that
canopy trees will be placed far enough back from the drive aisles to minimize the
potential for vertical conflicts with high-profile vehicles. A bio-barrier shall be used
with all canopy trees along streetscapes and sidewalks and where trees are
adjacent to any underground utilities. With regards to aesthetics, the applicant
agrees to install Redtip Cocoplum hedges around utility boxes and structures that
are not currently known or shown on the plan at this time. Furthermore, the at-
grade air-conditioner units behind each unit would be screened using native hedge
material. Project compatibility is judged on how well the proposed development
fits within the context of the neighborhood and abutting properties. The
Conceptual East and West elevations illustrate how the mature landscaping would
soften the appearance of the townhouse buildings.
The site plan shows that the western landscape buffer (adjacent to Federal
Highway) would be at least nine (9) feet - eight (8) inches wide at its narrowest
point. The landscape plan shows that this buffer would consist of Florida Royal
palm, Green Malayan Coconut palm, Medjool date palm, and a row of Redtip
Cocoplum hedges. It appears that most of the trees would be installed at a tip-to-
tip spacing with the Royal palm trees installed at a height of 25 feet. Each
townhouse unit proposed along Federal Highway would have a side walk that
directly links to the sidewalk on Federal Highway.
The site plan shows that the south landscape buffer (adjacent to Ocean Inlet Drive)
would be at minimum, approximately 10 feet - six (6) inches at its narrowest point.
The landscape plan proposes the following plant material: Green Buttonwood,
Foxtail palm, and Redtip Cocoplum hedges. The Merano Bay project (south of
Ocean Inlet Drive) already contains landscape material along its northern landscape
buffer. The landscape material proposed in the south buffer (for this project)
would compliment Merano Bay's north landscape buffer.
The site plan shows that the north landscape buffer (adjacent to Seaview Park
Club) would be five (5) feet in width at its narrowest point. However, a majority of
the buffer would be over 20 feet wide. The landscape plan proposes the following
plant material: High Rise Live Oak, Brazilian Beautyleaf, and Redtip Cocoplum
hedges. Although not required, a six (6)-foot high wall is proposed along the entire
perimeter of the north property line of the subject property. However, this may
cause a conflict with the six (6)-foot high pre-cast concrete wall that was already
approved along the south property line for the Seaview Park Club project. This
could conflict because it would create a situation where there would be a narrow
gap between the subject property's proposed buffer wall and the approved buffer
wall (on the abutting property to the north). Therefore, staff recommends that the
applicant works with the abutting property owner to the north to see if there may
be mutual interest in eliminating one (1) of the walls where two (2) walls are
proposed parallel to each other (see Exhibit "C" - Conditions of Approval).
The site plan shows that the east landscape buffer (adjacent to the Single-family
residential neighborhood) would be nine (9) feet-11 inches wide at its narrowest
point. It would contain the folloWing plant material: High Rise Live Oak, Savannah
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 6
Holly, Green Malayan Coconut palms, and a row of Redtip Cocoplum hedges.
Similar to the north buffer, a six (6) foot high wall is proposed along the northern
segment of the east property line. However, near the pool area, the plans propose
a wall / fence combination. Staff recommends extending the wall along the entire
perimeter of the east property line of the subject property. This will help buffer the
subject property from the residential neighborhood as well as to help screen the
intrusion of automobile headlights on neighboring properties from parking areas
and driveways (see Exhibit "C" - Conditions of Approval).
Building and Site: As previously mentioned, the applicant is requesting to rezone the property to the
IPUD zoning district at a project density of 18.2 dwelling units per acre. The
maximum density allowed by the Special High Density Residential land use
classification is 20.dwelling units per acre. The 61 dwelling units are proposed
within 12 separate buildings on the 3.35-acre site. Each building would contain a
varying number of dwelling units, ranging from three (3) units to six (6) units. The
unit plans (sheet A-801 through sheet A-804) show the proposed size and
configuration of each unit. The floor plans propose four (4) model types, ranging
from 1,887 square feet to 2,511 square feet of "under roof area". As previously
mentioned, the site plan proposes 36 two (2)-bedroom units and 25 three (3)-
bedroom units and a recreation facility. 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 (see Exhibit "c" - Conditions of Approval).
The PUD zoning district allows buildings to reach a maximum height of 45 feet.
However, a lesser building height could be imposed if compatibility with the
adjacent properties would be in jeopardy. The code defines building height as
follows: The vertical distance in feet measured from the lowest point at the
property line of an adjacent property or from the minimum base flood elevation as
established by FEMA, whichever is highest, to the highest point of the roof for flat
roofs, to the deck line for mansard roofs and parapet roofs with parapets less than
five (5) feet in height. Gable and hip roof heights shall be measured to the
midpoint between the eaves and the ridge. The elevations show the buildings
would either be two (2) or three (3) stories in height, the tallest of which would be
34 feet - two (2) inches in height measured at the mid-point of the pitched roof.
All buildings would comply with the height limitation of the IPUD zoning district. It
should be noted that the peak of the roof would be 42 feet - one (1) inch in height.
Although not dimensioned on the elevations, the peak of the decorative cupolas is
proposed at 46 feet - nine (9) inches height. At the time of permitting, the
elevation pages would have to be revised to indicate the height dimension for the
decorative cupolas. Furthermore, the peak of the cupolas cannot exceed 45 feet in
height or the developer would have to request and be approved for a height
exception (see Exhibit "CIf - Conditions of Approval). As previously mentioned the
abutting properties to the east are zoned R-l-AA and developed with a mix of one
(1) and two (2) story, single-family detached homes. The R-l-AA zoning district
only allows a maximum building height of up to 30 feet (at mid-point of roof), a
difference of 15 feet. Initially, the developer Indicated to staff a desire to propose
buildings that were all three (3) stories In height. However, staff informed the
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 7
developer that the proposed building height on the subject property would be a
critical design element to consider when requesting to rezone to the IPUD zoning
district. Staff suggested that the applicant reduce the proposed building height of
those buildings proposed closest to the single-family residential homes, from three
(3) stories to two (2) stories. In heeding staff's suggestions, the developer is now
proposing a mix of two (2) and three (3)-story buildings. As proposed, the three
(3)-story buildings would be located near the center and western portions of the
site (along Federal Highway) while two (2)-story structures are proposed along the
eastern fringe (adjacent to the single-family detached homes). The Street
Elevations (sheet A-405) illustrate how the buildings would appear from both
Federal Highway and from the adjacent properties to the east. As designed, the
pool/recreation area (of the subject project) and the two (2)-story building
(depicted as Building 4 on the site plan) is comparable in height and compatible to
any structure built within the R-1-AA zoning district. The site plan shows that
Building 4 and the pool area are proposed between the three (3)-story buildings
and the existing homes located within the R-1-AA zoning district. Staff feels that
this proposed configuration represents an excellent compromise to improve
compatibility between the subject property and the abutting properties to the east,
in order to mitigate the height discrepancy. However, Building 1, proposed as a
three (3)-story structure at the northeast corner of the subject site, would be
located only 12 feet away from the east property line that abuts property with a
single-family home. As proposed, Building 1 is comprised of six (6) units with
varying model types. Staff opines that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) is not compatible with this residential
property. Therefore, staff is recommending the applicant implement one (1) of the
following two (2) solutions: Either eliminate the easternmost unit of Building 1
(depicted as Model "A" of Building 1 on the site plan) or reduce the height of Model
"A" from three (3)-stories to two (2)-stories. Staff feels that decreasing the height
of the east fa<;ade of Model "A" of Building 1 would provide an equitable transition
between the maximum height of 30 feet allowed in the adjacent Single-family
neighborhood and the 45-foot height allowed in the IPUD district. After considering
the ultimate height of the proposed structure (34 feet - two (2) inches), evaluating
the effects of comparable situations elsewhere, considering that the majority of
adjacent single-family homes are one-story or two-story and less than 30 feet in
height, and after contemplating the intent of the IPUD district to maximize
compatibility, staff has determined that compatibility would be achieved by limiting
structure height of the easternmost unit (Model A) to a maximum of two (2) stories
(see Exhibit "C" - Conditions of Approval). As indicated in the ordinance, a
"transition" should be accomplished in this situation, which is best achieved by a
height which does not exceed the existing heights of the adjacent multi-family
development, and which transitions from the maximum height allowed in that
adjacent multi-family district, 45 feet. It is important to note that the homes in
Yachtman's Cove to the south may be developed as two (2) story structures with a
maximum building height of 30 feet.
The IPUD zoning district perimeter setbacks shall mirror setbacks of adjacent
zoning district(s) but with a minimum of the setback required for a Single-family
residence as determined by the orientation of the structures in the IPUD (Chapter
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 8
2, Section S.L.3.). The property to the north is zoned Infill Planned Unit
Development (IPUD) and was approved with a similar, multi-family residential
project. The buildings in the project to the north were approved with a 48.32-foot
setback from the north property line of the subject project. The site plan for the
subject project proposes a 10-foot north (side) setback. This is acceptable, given
the fact that both projects will have comparable-sized landscape buffers.
The area immediately to the south is right-of-way for Ocean Inlet Drive, and then
farther south is a developed, townhouse project (Murano Bay) zoned IPUD. The
townhouse buildings inside Murano Bay are setback 16 feet from its north property
line (adjacent to Ocean Inlet Drive). However, the townhouse buildings in this site
plan (Yachtsman's Cove) are proposed 10 feet from the south property line,
adjacent to Ocean Inlet Drive. The difference in the building setbacks between the
two (2) projects as they relate to Ocean Inlet Drive is six (6) feet. It should be
noted that the City and CRA endorse projects that are designed to engage the
public domain, such orienting buildings towards a roadway or park. The Murano
Bay development was designed and built with the back of their townhouse units
and privacy wall facing towards Ocean Inlet Drive whereas the front fa~ades (and
doors) of the subject project are oriented towards Ocean Inlet Drive. The latter's
design is more desirable. For this project, the proposed south side setback (of 10
feet from Ocean Inlet Drive) is appropriate. Furthermore, any additional building
setback (along Ocean Inlet Drive) could be detrimental to its design and
performance. Also, as previously mentioned, most of the plant material proposed
adjacent to Ocean Inlet Drive were chosen specifically to compliment Murano Bay's
landscaping.
The properties to the east are zoned Single-family Residential (R-1-AA). These lots
have been developed with single-family detached homes and the IPUD regulations
specifically addresses compatibility requirements with these types of developments.
The sides of these single-family detached homes abut the subject property. The
side setback of the R-l-AA zoning district is 10 feet. In addition, it should be noted
that a structure on the perimeter of an IPUD project that is adjacent to an existing
single-family neighborhood must adhere to additional setback requirements. The
IPUD regulations require an additional one (1) foot building setback for each one
(1) foot in building height that exceeds 30 feet. Building 1, proposed at the
northeast corner of the property, would be 34 feet - two (2) inches in height. This
translates to a minimum required building setback of 14 feet - two (2) inches from
the east property line. Please note that according to Chapter 2, Section S.L4.g.(2),
if vegetation, screening or other barriers and I or creative design on the perimeter
of an IPUD achieve compatibility with adjacent uses, the city may grant some relief
from the following: Structures on the perimeter of an IPUD project, in addition to
the basic setback requirements, must be setback one (1) additional foot for each
one (1) foot in height for the perimeter structures that exceed 30 feet. A
landscape barrier is defined as follows: A near solid element combining a wall and
/ or natural vegetation Intended to block all direct and reasonable views. It shall
be comprised of a berm, buffer wall and / or natural vegetation (as deemed
appropriate by the city) consisting of various trees species planted tip-to-tip in two
or more staggered rows. The site plan indicates that the proposed setback would
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 9
be at least 12 feet (for Building 1) but when scaled, it appears to be over 15 feet.
Therefore, the building setback would conform but as previously mentioned, staff
still has concerns regarding the compatibility between Building 1 of the subject
project and the existing single-family house to the east. The intent of the IPUD
code is to exceed the minimum requirements of typical multi-family developments.
Therefore, reducing the height of Model "A" (of Building 1) from three (3) to two
(2) stories would help the project achieve compatibility and conformance with the
intent of the regulations. Land to the west is right-of-way for Federal Highway.
The site plan proposes a 10-foot setback along the west property line.
The main recreation area would be located at the eastern side of the site. It would
include a swimming pool, BBQ area, cabana building, and bicycle racks. The
"open" portion of the cabana would face the townhouse development rather than
the single-family neighborhood to the east. The building would be located over 10
feet from the east property line. The area calculations (sheet A-205) indicate that
the bathrooms and covered area would be 500 square feet in area. The elevations
do not indicate the actual roof height but depicts it as a one (l)-story structure,
which staff understands would be 13 feet - one (1) inch in height. The site plan
proposes several open space areas between the rows of townhouse buildings. The
site plan indicates that "public art" would be the centerpiece of the public area.
The actual artwork is yet to be determined. A total of 12,200 square feet of usable
open space is required. According to the Usable Open Space plan (sheet SP-2), the
project would provide 14,400 square feet of usable open space. This space would
be consist of four (4) open space areas, namely, the pool and amenity area, the
garden belt, the pedestrian connections to Federal Highway, and the north
pedestrian area.
Design:
The proposed townhouse buildings and clubhouse have hints of a contemporary
Key West style with its standing seam metal roof, wood fascia, trellises, shiplap
siding, and white aluminum shutters. Other decorative design elements include
Pre Fab Sunburst Fypon, decorative medallions, aluminum window frames, Clad
Garage doors, aluminum railing, and portholes. The project proposes multi-colored
buildings consisting of the following Benjamin Moore paints:
Color code Paint Name Color Location
# CC-962 Gray Mist Off-white Main wall
# 2143-60 Moonlight White Cream Main wall
# CC-807 Soft Sky Light blue Main wall
# CC-507 Grecian Green Sage green Main wall
#721747 Charcoal Tweed Dark green Canvas AwninGS
The elevations of the cabana building show that it would have the same standing
seam metal roof, exterior finish, and paint colors as that of the townhouse
buildings. The photometric plans propose one (1) type of outdoor freestanding
lighting fixture. The Pole Detail indicates it would be 12 to 14 feet in height, made
of aluminum, and have decorative lamps. The photometric plan demonstrates that
lighting levels would be adequate and not "spill" over onto adjacent properties.
Similar to other recently approved townhouse projects, the front doors of each unit
Staff Report - Yachtsman's Cove (NWSP 06-003)
Memorandum No PZ 06-015
Page 10
are oriented towards the streets. 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:
No signage is shown or proposed.
RECOMMENDATION:
Staff has reviewed this request for new site plan approval and is recommending approval, contingent upon
the successful request land use amendment / rezoning (LUAR 06-003), Northeast 15th Place abandonment
(ABAN 06-001), 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\Yachtsmans Cove\NWSP 06-003\Staff Report.doc
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BOYNTON BEACH. FLORIDA
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EXHIBIT "C"
Conditions of Approval
Project name: Yachtsman's Cove
File number: NWSP 06-003
Reference: 2nd review plans identified as a New Site Plan with a January 10. 2006 Planning and Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering.
2. Incorporate a second handicap visitor parking space in the northwest corner X
of the proiect.
ENGINEERING DIVISION
Comments:
3. The applicant shall proceed through the abandonment process (through the X
P&Z Department) for road relocation and accompanying abandonment for
NE 15th Place.
4. 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 Development Permit.
5. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X
4, Section 7.B.4.) Please provide photometrics as part of your TART plan
submittals.
6. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article II, Section A.l.b.).
7. 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.S-feet and 8 feet
above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
8. The medians on Federal Hwy. and Ocean Inlet Dr., along the south side of X
NE 15th PI., and the pocket park on the east side of the Yachtsman Cover
plaza have existing irrigation and plant material belonging to the City of
Boynton Beach. Any damaJ:!:e to the irriJ:!:ation syStem and/or plant material as
COA
02/08/06
2
DEPARTMENTS INCLUDE REJECT
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
revise Note #7 (Sheet L2) to include all the above stated information.
9. Staff strongly recommends placing canopy trees far enough back from drive X
aisles to minimize the potential for vertical conflicts with high-profile
vehicles.
10. Ensure tree species specified along Federal Hwy will not conflict with the X
overhead power lines. Add a note to the plan requiring the landscape
architect and contractor to use FPL's "Right Tree / Right Place" publication
for plantings near power lines.
1l. Staff recommends the use of cultivars such as "High-Rise" or "Cathedral" for X
the Live Oaks to minimize the potential for vertical conflicts with high-profile
vehicles.
12. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
13. 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:
14. All utility easements and utility Jines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
15. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this prolect (CODE, Section 26-12).
COA
02/08/06
3
I
DEPARTMENTS INCLUDE REJECT
16. 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)).
17. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant. The
submitted plan does (per se) meet this requirement, however, it does not
reflect an existing fire hydrant along the east side of Federal Highway (at the
existing intersection of NE 15tl1 Place), and in addition, will require an
additional fire hydrant along Ocean Inlet Drive just southwest of the
recreational swimming pool area.
18. 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.
19. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
20. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
21. 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 proiect, in accordance with the CODE, Section 26-15.
22. Please provide engineering calculations supporting the proposed water main X
design, includinll documentation that required fire flows will be met.
23. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be reviewed
at the time of construction permit application.
FIRE
Comments: None X
COA
02/08/06
4
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: None X
BUILDING DIVISION
Comments:
24. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chapter 6.
25. 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.
26. 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 (osf) on the plans for the building design.
27. 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.
28. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
29. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
. The design professional-of-record for the project shall add the following text
to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management construction
development regulations."
. From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
. Identify the floor elevation that the design professional has established for the
building within the footprint of the building that is shown on the drawings
titled site plan, floor plan and paving/drainage (civil plans).
30. On the drawing titled site plan identify the property line. X
COA
02/08/06
5
DEPARTMENTS
INCLUDE REJECT
31. 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.
32. To properly determine the impact fees that will be assessed for the one-story X
pool building, provide the following:
· Will the pool building be restricted to the residents of the entire project
only?
· Will the residents have to cross any major roads or thoroughfares to get to
the pool building?
· Will there be any additional deliveries to the site?
· Will there be any additional employees to maintain and provide service
to the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the pool building.
33. 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.
34. 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. 373.2l6.
35. 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 n, Sections 26-34)
COA
02/08/06
6
DEP ARTMENTS INCLUDE REJECT
36. 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.
37. 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.
38. 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))
39. 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.
40. 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.
41. 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.
42. Show the proposed site lighting on the site and landscape plans (Chapter 4, X
I Section 7.BA) If possible, provide photo metrics as part of your TART plan
submittals.
COA
02/08/06
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DEPARTMENTS INCLUDE REJECT
43. Any dwelling unit that has the optional elevator installed shall comply with X
the requirements of the Federal Fair Housing Act. Additional requirements of
the Fair Housing Act may be applicable, such as parking and accessible
routes.
PARKS AND RECREATION
Comments:
44. Park Impact Fee - 61 Single-family Attached DU's @ $771.00 each = X
$47,031.00. Payment to be made prior to issuance of first permit.
FORESTERlENVIRONMENT ALIST
Comments:
45. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet L2. [Environmental Regulations, Chapter 7.5, Article I
Sec. 7.D.p. 2.J.
46. 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), 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. [Environmental Regulations,
Chapter 7.5, Article II Sec. 5.C. 2.1-
47. The landscape plan proposes four (4) Brazilian Beautyleaf trees along the X
north property line. Staff recommends substituting these trees with a native
canopy tree.
PLANNING AND ZONING
Comments:
48. Approval of this project is contingent upon the approval of the accompanying X
request for abandonment of Northeast 15th Place (ABAN 06-001) and land
use amendment I rezoninJ!: (LUAR 06-003).
49. A traffic study was sent to the Palm Beach County Traffic Division for X
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division determined that the proposed redevelopment
project meets the Traffic Performance Standards of Palm Beach County.
Furthermore, the County would support the re-alignment of the eastern
COA
02/08/06
8
DEPARTMENTS
segment of Northeast 15th Place, to align with the segment west of Federal
Highway, to eliIillnate the 110 feet offset. The Division suggests the
developer conduct a "traffic signal warrant analysis" at the re-aligned
intersection, as suggested by the developer's traffic engineer. The traffic
concurrency approval is subject to the Project Aggregation Rules set forth in
the Traffic Performance Standards Ordinance. No building permits are to be
issued after the build-out date of 2008.
INCLUDE REJECT
50. Although not dimensioned on the elevations, the peak of the decorative X
cupolas would be 46 feet - nine (9) inches height. At the time of permitting,
the elevation pages would have to be revised to indicate the height dimension
of the decorative cupolas. Furthermore, the peak of the cupolas cannot
exceed 45 feet in height or the developer would have to request and be
approved for a height exception.
51. With regards to the east property line, staff commends the developer for X
substituting the three (3)-story models with the two (2)-story townhouse
models / recreation area where it abuts the single-family neighborhood.
However, the building at the northeast comer of the project is still proposed at
three (3) stories. Staff anticipates that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot.
Therefore, staff is recommending one (1) of the following two (2) solutions:
Either eliminate the easternmost unit of Building 1 (depicted as Model "A" of
Building 1 on the site plan) or reduce the height of Model "A" from three (3)-
stories to two (2)-stories. This modification will help the project comply with
the compatibility requirement of the IPUD zoning district.
52. At the time of permitting, on the site plan tabular data, indicate the square X
footage and percentage distribution of pervious surface and also indicate the
proposed lot coverage per Chapter 4, Section 7. Note that lot coverage cannot
exceed more than 50 percent (Chapter 2, Section 5.L.).
53. At the time of permitting, provide a detail of the fountain / sculpture proposed X
on the landscape plan (sheet Ll). Include its dimensions, material, and color
(Chapter 4, Section 7.D.).
54. All building elevations, including the cabana, should indicate paint X
manufacturer's name and color codes (Chapter 4, Section 7.D.).
55. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from private property to "buffer tracts" that would be owned
and maintained by the Home Owners' Association.
56. A signature tree (such as a Yellow Elder, Tibouchina Granulso1a, 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, Section 5.N.). Alternative plant
material may be substituted if the above referenced plant material is not
available or undesired.
COA
02/08/06
9
DEPARTMENTS INCLUDE REJECT
57. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subiect proiect.
58. As proposed in the new site plan, southbound egress (onto Federal Highway) X
will occur from the re-aligned Northeast 15th Place. However, the
Community Redevelopment Agency (CRA) staff in discussions with I.N.C.A.
recommends that the developer create a new left-hand stacking lane (on the
northbound side of Federal Highway) approximately 550 feet north of the
proposed intersection of Northeast 15th Place and Federal Highway. This new
left-hand stacking lane would allow for V-turn traffic movements onto
southbound Federal Highway. This would allow for an alternative and safer
method for southbound egress onto Federal Highway from the subject project.
The developer would be responsible for the cost of said improvements
should the Florida Department of Transportation approve the concept.
59. Community Redevelopment Agency (CRA) staff is requiring a detail on site X
plan of how overhead utilities along Federal Highway will be installed
underground.
60. No individual swimming pools or screened enclosures are proposed (or X
requested by the developer) and would be noted as such within the Home
Owners Association documents. Likewise, the developer does not intend to
screen-in the balconies either.
61. A six (6)-foot high wall is proposed along the entire perimeter of the north X
property line of the subject property. This may conflict with the six (6)-foot
high pre-cast concrete wall that was already approved along the south
property line for the Seaview Park Club project. This could be a potential
conflict because it would create a situation where there would be a narrow
gap between the subject property's proposed buffer wall and the approved
buffer wall (on the abutting property to the north). Therefore, staff
recommends that the applicant works with the abutting property owner to the
north to see if there maybe mutual interest in eliminating one (I) of the walls
where two (2) are proposed. Also, staff recommends extending the wall
along the entire perimeter of the east property line of the subject property.
This will help buffer the subject property from the residential neighborhood
to the east as well as to help screen the intrusion of automobile headlights on
neighboring properties from parking areas and driveways.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
62. None X
CITY COMMISSION COMMENTS:
COA
02/08/06
10
DEP ARTMENTS INCLUDE REJECT
Comments:
63. To be determined.
MWR/elj
S :IPlann ingISHARED\ W PIPROJECTSI Yachtsmans CovelNW SP 06-003ICOA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Yachtsman's Cove
APPLICANT'S AGENT: Atlantis Environmental Engineering, Inc.
APPLICANT: Yachtsman Properties, LLC
APPLICANT'S ADDRESS: 3135 South Federal Highway, suite 315 Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21,2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 61 fee-simple townhouses
on a 3.35-acre parcel in the IPUD Infill Planned Unit Development
zoning district
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 375 feet north of
the Boynton (C-16) Canal (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" A TI ACHED HERETO.
X 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. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHARED\WPIPROJECTS\Yachtsmans CovelNWSP 06-003\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.7
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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) rg] 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 rg] Legal
0 Bids 0 UnfInished Business f ~:-:~ , ; _r-i.
0 Announcement 0 Presentation ~-; ."'-
.-...:0_ -"'-.. ~~
J::;-,ll
0 City Manager's Report -;;.'.:)
r-""-'
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda un~ -
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing a~Legat=':
Ordinance - First Reading on February 28, 2006. For further details pertaining to the request, see attached Dep~ent=; g:;
Memorandum No. PZ 06-009._,., ,\~ ')>
()
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request to amend the Comprehensive Plan Future Land Use Map from Medium Density
Residential (MeDR) to Recreational @.
Proposed use:
Recreation (expansion of the Wilson Center Park Complex)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen
1ffk/~/7~
ity Manager's Signa
'A-cJ7 ~
Planning and Zo~: Director City Attorney / Finance / Human Resources
S:\PlanningISHARED\ WP\PROJECTS\Wilson Center\LUAR\Agenda Item Request Wilson Center Complex LUAR 06-005 Amend 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- oaa
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 THE CITY OF BOYNTON BEACH AND
8 LOCATED APPROXIMATELY AT 211 NORTHWEST
9 13TH AVENUE; CHANGING THE LAND USE
1 0 DESIGNATION FROM MEDIUM DENSITY
11 RESIDENTIAL (MeDR) AT 9.68 DUlAC TO
12 RECREATIONAL (R); PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, 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 OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 9 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\Wilson Center.doc
17
18
19
20
21
22
23
24
~ !
-' "
[()lJowing:
2
That the Future Land Use of the following described land located at 204 Northwest
3
13th Avenue, 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211 Northwest 13th
4
Avenue, 216 Northwest 13th Avenue, 1401 Northwest 1st Street, 1407 Northwest 1st Street and
5
the Northeast portion of Parcel 3 in Boynton Beach, Florida shan be changed from Medium
6
Density Residential (MeDR) at 9.68 duJac and shan now be designated as Recreational (R):
7
8
9
10
11
12
See Legal Description attached hereto as Exhibit HA"
Subject to easements, restrictions, reservation and rights of way of record.
Section 3: That any maps adopted in accordance with the Future Land Use Element of the
13
Future Land Use Plan shan be amended accordingly.
14
Section 4: An ordinances or parts of ordinances in conflict herewith are hereby repealed.
15
Section 5: Should any section or provision of this Ordinance or any portion thereofbe
16
declared by a court of competent jurisdiction to be invalid, such decision shan not affect the
remainder of this Ordinance.
Section 6: This Ordinance shall take effect on adoption, subject to the review, chanenge,
or appeal provisions provided by the Florida Local Government Comprehensive Planning and
Land Development Regulation Act. No party shan be vested of any right by virtue of the
adoption ofthis Ordinance until an statutory required review is complete and an legal chaIIenges,
including appeals, are exhausted. In the event that the effective date is established by state law or
special act, the provisions of state act shall control.
FIRST READING this aB day of Fe bcua.r-y ,2006.
\CA\Ordinances\Planning\Land Use\Wilson Center.doc
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 ATTEST:
19
20
21 City Clerk
22
23 (Corporate Seal)
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\Ordinances\Planning\Land use\Wilson Center.doc
WILSON PARK REZONING
LEGAL DESCRIPTIONS OF SUBJECT PROPERTIES
1) PCN: 08-43-45-21-14-000-5191
LEGAL DESCRIPTION:
THE SOUTH 68.34 FEET OF LOTS 519 AND 520 OF CHERRY HILLS ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
2) PCN: 08-43-45-21-14-000-5192
LEGAL DESCRIPTION:
THE NORTH 50.00 FEET OF LOTS 519 AND 520 OF CHERRY HILLS
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
3) PCN: 08-43-45-21-14-000-5060
LEGAL DESCRIPTION:
LOTS 506 AND 507 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
4) PCN: 08-43-45-21-14-000-5030
LEGAL DESCRIPTION:
LOTS 503 AND 504 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
5) PCN: 08-43-45-21-14-000-4990
LEGAL DESCRIPTION:
LOTS 499 AND 500 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
6) PCN: 08_43_45-21-14-000-5210
LEGAL DESCRIPTION:
LOTS 521 AND 522 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
1) PCN: 08-43-45-21-14-000-5010
LEGAL DESCRIPTION:
LOTS 501 AND 502 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
8) A PORTION OF PCN: 08-43-45-21-00-000-3070
LEGAL DESCRIPTION:
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 6359, AT PAGE 818 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING WITHIN THE NORTHWEST ONE-QUARTER (NW 1/4) OF
SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FLORIDA, AND LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE LAKE WORTH
DRAINAGE DISTRICT CANAL C-16 (ALSO KNOWN AS THE BOYNTON
CANAL), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 519, CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89053'46" WEST ALONG THE NORTH LINE OF SAID
LOT 519 AND THE NORTH LINE OF LOTS 520, 521 AND 522 OF SAID CHERRY
HILLS SUBDIVISION FOR A DISTANCE OF 100.00 FEET; THENCE NORTH
01049'00" WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 522 FOR A DISTANCE OF 53.42 FEET TO A POINT ON THE NORTH
LINE OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
6359, AT PAGE 818, SAID NORTH LINE BEING COINCIDENT WITH THE SOUTH
RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL C-
16; THENCE NORTH 89046'40" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 99.99 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 519; THENCE
SOUTH Ol 049'00" EAST 53.63 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY, FLORIDA
CONTAINING 5,350 SQUARE FEET MORE OR LESS.
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-009
FROM:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler ~
Planner
(~
Michael W. Rum~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
February 7, 2006
The Wilson Center I LUAR 06-005
To reclaSSify the subject property from Medium Density
Residential (MeDR) to Recreational (R) on the Future Land Use
Plan, and rezone from Single- and Two-Family Dwelling District
(R-2) to Recreation (REC) District for recreational uses.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant! Agent: The City of Boynton Beachl Wally Majors, City of Boynton Beach
Recreation & Parks Department
Location: 204 NW 13th Avenue (peN: 08-43-45-21-14-000-5060)
206 NW 13th Avenue (PCN: 08-43-45-21-14-000-5030)
210 NW 13th Avenue (PCN: 08-43-45-21-14-000-5010)
211 NW 13th Avenue (PCN: 08-43-45-21-14-000-5210)
216 NW 13th Avenue (PCN: 08-43-45-21-14-000-4990)
1401 NW 1st Street (PCN: 08-43-45-21-14-000-5191)
1407 NW 1st Street (PCN: 08-43-45-21-14-000-5192)
NE portion Parcel 3 (PCN: 08-43-45-21-00-000-3070)
(see Location Map - Exhibit "A'')
Acreage: Total 1.13 acre
Existing Land Use: Medium Density Residential (MeDR) at 9.68 du/ac
Proposed Land Use: Recreational (R)
Existing Zoning: Single- and Two-Family Dwelling District (R-2)
Proposed Zoning: Recreation District (REC)
Page 2
Fife Number: LUAR 06-005
Wilson Center
Proposed Use:
Recreation - to be added to the Wilson Center Park Complex for the
proposed park expansion project (see MSPM 05-011)
Adjacent Uses:
North:
C-16 Canal, and farther north, residences zoned Single-Family
Residential (R-l) in Rolling Green Subdivision.
South:
A 2.45 acre parcel (3050) zoned Recreation (REC) in Wilson Park
consisting of a pool, pool building, parking lot, and basketball court.
NW 1st Street, and farther east, Poindana Elementary School zoned
Public Usage (PU); and,
East:
West:
Existing baseball field at Wilson Park zoned Recreation CREe).
EXEcunvE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment and rezoning are consistent with the intent of the
eomprehensive Plan;
2. This request is also consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan;
3. It will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan; and,
4. The proposed project is compatible with adjacent land uses and will contribute to the
overall economic development and redevelopment of the Oty in general.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.13 acre. Because of the
size of the property under consideration, the F10lida Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to
forwarding to the F10lida Department of Community Affairs and Is not reviewed for compliance
with the state, regional and local comprehensive plans plior to adoption.
The criteria used to review Comprehensive Plan amendments and rezonin9s 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
Page 3
File Number: LUAR 06-005
Wilson Center
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
manager. 717e 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.
According to the Comprehensive Plan Future Land Use Element, Objective 1.16 "The aty shall
continue to regulate the use, density, and intensity of land use, by requiling that all land
development orders be consistent with the Future Land Use Plan and other applicable policies of
the Comprehensive Plan".
Policy 1.16.1 of the Land Use Element reads under "Medium Density Residential' the following:
"Public, educational, and institutional uses located within these zoning districts may be
placed in the Public and Private Govemmental/Institutionalland use category, however,
and parks and recreation facilities may be placed in the Recreational land use category."
Policy 1.16.1 of the Land Use Element under "Recreational"reinforces the recommendation and
reads:
"This land use category shall include all Recreational zoning districts, but shall not be
limited to this zoning district. It shall be the policy of the City that all land acquired for
public parks, excluding those which are located in planned zoning districts or the Central
Business District, shall be placed in the Recreational land use and zoning category within
five years of acquisition."
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 does not introduce a new use; it allows an established recreational land
use (existing Wilson Center Park) to expand for greater recreational opportunities in the area.
The proposed use of the site is compatible with surrounding Single-family and duplex residential
uses, and adjacent recreational and public uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The 2001 Heart of Boynton Community Redevelopment Plan visions the expansion and
redevelopment of Wilson Center and proposes Reaeation land use for the subject properties.
The redevelopment plan outlines actions to Implement stated goals and objectives which
indude amending the Oty's Comprehensive Plan and rezoning the appropriate areas. The Plan
Page 4
Rle Number: LUAR 06-005
Wilson Center
states that "the redevelopment of Wilson Center and Its ball field and pool is a critical part of
the overall redevelopment of the Heart of Boynton." The Oty has committed to the conceptual
plannIng of this Center, and has acquired additional properties, and demolished structures on
those properties, in preparation for the proposed park expansion.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
The proposed recreation use for the park expansion Is compatible with utility systems, roadways,
and other public facilities. The potable water and sanitary sewer systems to serve the park
project will be permitted from the Palm Beach County Health Department. A preliminary
drainage report has been submitted which Indicates that currently Wilson Park does not have an
Environmental Resource Permit (ERP). As part of the proposed park Improvements, the site will
be upgraded to meet South Rolida Water Management Distrtct's (SFWMD) regulations for
stormwater. Palm Beach County has reviewed the traffic study for this project and has
determined that the increase. in daily trips by an average of 110 trips meets the Traffic
Performance Standards of the County. In addition, the proposed park expansion programs will
benefit the adjacent public school facility.
e. Whether the Proposed rezoning would be compatible with the cUlTent and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning to Recreation for the Wilson Center expansion is compatible with the
adjacent current and future uses. Current uses in the area are one- and twO-family residential
(RlA and R-2 zoning distrtcts) and public school (PU zoning distrtct). According to the Future
Land Use Plan, the future uses in the area are the same as the existing uses. The recreation
fadlity expansion will provide more amenities for the community, and will increase property
values and be a favorable selling point for nearby residential properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The subject properties consist of assembled lots which the Cty has acquired for the Proposed
park expansion. The lots include a recreation building/clubhouse, a residence slated for
demolition, and several lots that are now vacant (previous residences demolished). These
Individual lots were platted for residential development and may be developed and Utilized for
one- and two-family residential uses permitted under the existing R-2 zoning.
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 subject rezoning and subsequent use of the property would represent a positive
contribution to both the neIghborhood and the dty.
h. Whether there are adequate sites elsewhere in the city for the Proposed use, in
districts where such use is already aI/owed.
Page 5
File Number: LUAR 06-005
Wilson Center
There are other smaller area parks throughout the City, however, the Wilson Park is in the heart
of Boynton and serves the community, not just the Immediate neighborhood. Policy 5.2.1,
Recreation and Open Space Element of the Future Land Use Plan states "the City shall adopt
the Level of Service standard for District Parks of 2.5 acres per 1,000 persons." As population
increases, the amount of recreation facilities and neighborhood parks in the City also has to
increase to keep up with level of service standards for recreation facilities.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends approval of this proposed reclassification from Medium Density Residential
(MeDR) to Recreational (R) land use. Staff supports the rezoning given that the proposed use
and intensity change is consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan. This request is also consistent with the intent of the Comprehensive
Plan: it will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan. The proposed project is compatible with adjacent land uses and will
contribute to the overall economic development and redevelopment of the Oty in general.
Therefore, staff recommends that the subject request be approved. If conditions are
recommended by the Community Redevelopment Agency Board or the eity Commission, they
will be included as Exhibit "Bit.
ATTACHMENTS
S:\PIamIng\SHARfD\wp\PROJECTS\WIlson Center\WAR\STAFF REPORT WAR.doc
LOCATION MAP
Wilson Center Complex
LUAR 06-005
Exhibit A
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.8
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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21,2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) ~ 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 ~ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the March 21, 2006 City Commission Agenda un<!ej
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal~ .
Ordinance - First Reading on February 28,2006. For further details pertaining to the request, see attached Departffient
Memorandum No. PZ 06-009. J
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request to rezone from Single and Two-Family Dwelling District (R-2) to Recreation
(REC) district.
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Proposed use:
Recreation (expansion of the Wilson Center Park Complex)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen ep
~,!m,d~tOt C;ty Attorney / F_" / Homm R",ou",,,,
S:\Planning\SHARED\WP\PROJECTS\ Wilson Center\LUAR\Agenda Item Request Wilson Center Complex LUAR 06-005 Rezone 3-2 I -06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 06- 0 a3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICA TION OF THE CITY OF BOYNTON
6 BEACH, AMENDING ORDINANCE 02-013 TO
7 REZONE SEVERAL LOTS CONSISTING OF
8 APPROXIMATELY 1.13 ACRES, LOCATED
9 BETWEEN NORTHWEST FIRST STREET AND
10 NORTHWEST THIRD STREET AND BETWEEN
11 NORTHWEST 12TH AVENUE AND THE C-16
12 CANAL, AS MORE FULLY DESCRIBED HEREIN,
13 FROM SINGLE AND TWO FAMILY DWELLING
14 DISTRICT (R-2) TO RECREATION DISTRICT
15 (REC); PROVIDING FOR CONFLICTS,
16 SEVERABILITY, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
19 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
2 0 and
21 WHEREAS, The City of Boynton Beach, owner of the property located at 204
22 Northwest 13th Avenue, 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211
23 Northwest 13th Avenue, 216 Northwest 13th Avenue, 1401 Northwest 1 st Street, 1407
24 Northwest 1 st Street and the Northeast portion of Parcel 3 in Boynton Beach, Florida, has
25 filed a Petition, through its agent, Wally Majors, Director of the Recreation and Parks
26 Department of the City of Boynton Beach, pursuant to Section 9 of Appendix A-Zoning, of
27 the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel
28 of land, said land being more particularly described hereinafter, from Single nd Two Family
29 Dwelling District (R-2) to Recreation District (REC); 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 \OrdinancesIPlanning\Rezoning\Rezoning - Wilson Center.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
4 the 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 1.
The foregoing Whereas clauses are true and correct and incorporated
10 herein by this reference.
11
Section 2.
The following described land located at 204 Northwest 13th Avenue,
12 206 Northwest 13th Avenue, 210 Northwest 13th Avenue, 211 Northwest 13th Avenue, 216
13 Northwest 13 th Avenue, 1401 Northwest 1st Street, 1407 Northwest 151 Street and the
14 Northeast portion of Parcel 3 in the City of Boynton Beach, Florida, as set forth as follows:
15 See Legal Description attached hereto as Exhibit "A"
16
17
18 be and the same is hereby rezoned from Single and Two Family Dwelling District (R-2) to
19 Recreation District (REC). A location map is attached hereto as Exhibit "B" and made a part
2 0 of this Ordinance by reference.
21 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 2 accordingly.
23
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
24 repealed.
S:\CA \Ordinances\Planning\Rezoning\Rezoning _ Wilson Center. doc
1
Section 5. Should any section or provision of this Ordinance or any portion thereof
2 II be 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 FebrUA-(" 1 ' 2006.
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
27 ATTEST:
28
29
30
31 City Clerk
32
33 (Corporate Seal)
34
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
" CA\Ordinances\PJanning\Rezoning\Rezoning . Wilson Center.doc
WILSON PARK REZONING
LEGAL DESCRIPTIONS OF SUBJECT PROPERTIES
1) PCN: 08-43-45-21-14-000-5191
LEGAL DESCRIPTION:
THE SOUTH 68.34 FEET OF LOTS 519 AND 520 OF CHERRY HILLS ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
2) PCN: 08-43-45-21-14-000-5192
LEGAL DESCRIPTION:
THE NORTH 50.00 FEET OF LOTS 519 AND 520 OF CHERRY HILLS
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
58 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA
3) PCN: 08-43-45-21-14-000-5060
LEGAL DESCRIPTION:
LOTS 506 AND 507 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
4) PCN: 08-43-45-21-14-000-5030
LEGAL DESCRIPTION:
LOTS 503 AND 504 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
5) PCN: 08-43-45-21-14-000-4990
LEGAL DESCRIPTION:
LOTS 499 AND 500 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
6) PCN: 08-43-45-21-14-000-5210
LEGAL DESCRIPTION:
LOTS 521 AND 522 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
7) PCN: 08-43-45-21-14-000-5010
LEGAL DESCRIPTION:
LOTS 501 AND 502 OF CHERRY HILLS ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 4, PAGE 58 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA
8) A PORTION OF PCN: 08-43-45-21-00-000-3070
LEGAL DESCRIPTION:
A PORTION OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 6359, AT PAGE 818 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, LYING WITHIN THE NORTHWEST ONE-QUARTER (NW ~) OF
SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, FLORIDA, AND LYING
SOUTH OF THE SOUTH RIGHT OF WAY LINE OF THE LAKE WORTH
DRAINAGE DISTRICT CANAL C-16 (ALSO KNOWN AS THE BOYNTON
CANAL), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 519, CHERRY HILLS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTH 89053'46" WEST ALONG THE NORTH LINE OF SAID
LOT 519 AND THE NORTH LINE OF LOTS 520, 521 AND 522 OF SAID CHERRY
HILLS SUBDIVISION FOR A DISTANCE OF 100.00 FEET; THENCE NORTH
01049'00" WEST ALONG THE NORTHERLY EXTENSION OF THE WEST LINE OF
SAID LOT 522 FOR A DISTANCE OF 53.42 FEET TO A POINT ON THE NORTH
LINE OF THE PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
6359, AT PAGE 818, SAID NORTH LINE BEING COINCIDENT WITH THE SOUTH
RIGHT OF WAY LINE OF THE LAKE WORTH DRAINAGE DISTRICT CANAL C-
16; THENCE NORTH 89046'40" EAST ALONG SAID NORTH LINE FOR A
DISTANCE OF 99.99 FEET TO A POINT OF INTERSECTION WITH THE
NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 519; THENCE
SOUTH 01049'00" EAST 53.63 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUA TE WITHIN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY, FLORIDA
CONTAINING 5,350 SQUARE FEET MORE OR LESS.
LOCATION MAP
Wilson Center Complex
LUAR 06-005
Exhibit A
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DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-009
TO:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
FROM:
Kathleen Zeitler KZ-
Planner
Michael W. Rum~(~
Director of Planning and Zoning
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
February 7, 2006
The Wilson Center / LUAR 06-005
To reclassify the subject property from Medium Density
Residential (MeDR) to Recreational (R) on the Future Land Use
Plan, and rezone from Single- and Two-Family Dwelling Distrtct
(R-2) to Recreation (REC) Distrtct for recreational uses.
PROJECT DESCRIrnON
Property Owner: City of Boynton Beach
Applicant! Agent: The City of Boynton Beach/ Wally Majors, City of Boynton Beach
Recreation & Parks Department
Location: 204 NW 13th Avenue (PCN: 08-43-45-21-14-000-5060)
206 NW 13th Avenue (PCN: 08-43-45-21-14-000-5030)
210 NW 13th Avenue (PCN: 08-43-45-21-14-000-5010)
211 NW 13th Avenue (PeN: 08-43-45-21-14-000-5210)
216 NW 13th Avenue (PeN: 08-43-45-21-14-000-4990)
1401 NW 1st Street (PCN: 08-43-45-21-14-000-5191)
1407 NW 1st Street (PCN: 08-43-45-21-14-000-5192)
NE portion Parcel 3 (PeN: 08-43-45-21-00-000-3070)
(see Location Map - Exhibit "Aj
Acreage: Total 1.13 acre
Existing Land Use: Medium Density Residential (MeDR) at 9.68 du/ac
Proposed Land Use: Recreational (R)
Existing Zoning: Single- and Two-Family Dwelling District (R-2)
Proposed Zoning: Recreation District (REe)
Page 2
File Number: LUAR 06-005
Wilson Center
Proposed Use:
Recreation - to be added to the Wilson Center Park Complex for the
proposed park expansion project (see MSPM 05-011)
Adjacent Uses:
North:
C-16 eanal, and farther north, residences zoned Single-Family
Residential (R-l) in Rolling Green Subdivision.
South:
A 2.45 acre parcel (3050) zoned Recreation (REC) in Wilson Park
consisting of a pool, pool building, parking lot, and basketball court.
East:
NW 1st Street, and farther east, Poinciana Elementary School zoned
Public Usage (PU); and,
West:
Existing baseball field at Wilson Park zoned Recreation (REC).
EXECunvE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment and rezoning are consistent with the intent of the
Comprehensive Plan;
2. This request is also consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan;
3. It will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan; and,
4. The proposed project is compatible with adjacent land uses and will contribute to the
overall economic development and redevelopment of the City in general.
PROJECT ANALYSIS
The parcels, which are the subject of this land use amendment, total 1.13 acre. Because of the
size of the property under consideration, the Flortda Department of Community Affairs classifies
this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prtor to
forwarding to the Florida Department of Community Affairs and Is not reviewed for compliance
with the state, regional and local comprehensive plans prtor 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: Rezonlngs. These crtteria are required to be part of a staff
Page 3
Ale Number: LUAR 06-005
Wilson Center
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 Oty's risk
manager. 711e planning department shall also recommend limitations or
requiremen~ which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
According to the Comprehensive Plan Future Land Use Element, Objective 1.16 "The Oty shall
continue to regulate the use, density, and intensity of land use, by requlrtng that all land
development orders be consistent with the Future Land Use Plan and other applicable polides of
the Comprehensive Plan".
Policy 1.16.1 of the Land Use Element reads under "Medium Density Residential' the following:
"Public, educational, and institutional uses located within these zoning districts may be
placed in the Public and prtvate Govemmental/lnstitutionalland use category, however,
and parks and recreation fadlities may be placed in the Recreational land use category."
Policy 1.16.1 of the Land Use Element under "Recreational"reinforces the recommendation and
reads:
"This land use category shall include all Recreational zoning districts, but shall not be
limited to this zoning district. It shall be the policy of the City that all land acquired for
public parks, excluding those which are located In planned zoning districts or the Central
Business District, shall be placed in the Recreational land use and zoning category within
five years of acquisition."
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated distrid 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 does not introduce a new use; it allows an established recreational land
use (existing Wilson Center Park) to expand for greater recreational opportunities in the area.
The proposed use of the site is compatible with surrounding single-family and duplex residential
uses, and adjacent recreational and public uses.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The 2001 Heart of Boynton Community Redevelooment Plan visions the expansion and
redevelopment of Wilson Center and proposes Reaeatfon land use for the subject properties.
The redevelopment plan outlines actions to implement stated goals and objectives whIch
Indude amending the Oty's Comprehensive Plan and rezoning the approprtate areas. The Plan
Page 4
File Number: LUAR 06-005
Wilson Center
states that ''the redevelopment of Wilson Center and Its ball field and pool is a crttical part of
the overall redevelopment of the Heart of Boynton." The City has committed to the conceptual
planning of this Center, and has acquired additional properties, and demolished structures on
those properties, in preparation for the proposed park expansion.
d. Whether the proposed use would be compatible with utility systems, roadwaY5t and
other public facilities.
The proposed recreation use for the park expansion is compatible with utility systems, roadways,
and other public facilities. The potable water and sanitary sewer systems to serve the park
project will be permitted from the Palm Beach County Health Department. A preliminary
drainage report has been submitted which indicates that currently Wilson Park does not have an
Environmental Resource Permit (ERP). As part of the proposed park improvements, the site will
be upgraded to meet South Aortda Water Management District's (SFWMD) regulations for
stormwater. Palm Beach County has reviewed the traffic study for this project and has
determined that the increase in daily trips by an average of 110 trips meets the Traffic
Performance Standards of the County. In addition, the proposed park expansion programs will
benefit the adjacent public school facility.
e. Whether the proposed rezoning would be compatible with the cun-ent and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning to Recreation for the Wilson Center expansion is compatible with the
adjacent current and future uses. Current uses in the area are one- and two-family residential
(RIA and R-2 zoning districts) and public school (PU zoning district). According to the Future
Land Use Plan, the future uses in the area are the same as the existing uses. The recreation
facility expansion will provide more amenities for the community, and will increase property
values and be a favorable selling point for nearby residential properties.
f. Whether the property is physically and economically developable under the existing
zoning.
The subject properties consist of assembled lots which the Oty has acquired for the proposed
park expansion. The lots include a recreation building/clubhouse, a residence slated for
demolition, and several lots that are now vacant (previous residences demolished). These
individual lots were platted for residential development and may be developed and utilized for
one- and two-family residential uses permitted under the existing R-2 zoning.
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 subject rezoning and subsequent use of the property would represent a positive
contribution to both the neighborhood and the city.
h. Whether there are adequate sites elsewhere in the dty for the proposed use, in
districts where such use is already allowed.
Page 5
Ale Number: LUAR 06-005
Wilson Center
There are other smaller area parks throughout the City, however, the Wilson Park Is in the heart
of Boynton and serves the community, not just the Immediate neighborhood. Policy 5.2.1,
Recreation and Open Space Element of the Future Land Use Plan states "the City shall adopt
the Level of Service standard for District Parks of 2.5 acres per 1,000 persons." As population
Increases, the amount of recreation facilities and neighborhood parks in the City also has to
Increase to keep up with level of service standards for recreation facilities.
CONCLUSIONS/RECOMMENDATIONS
Staff recommends approval of this proposed reclassification from Medium Density Residential
(MeDR) to Recreational (R) land use. Staff supports the rezoning given that the proposed use
and Intensity change is consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan. This request is also consistent with the Intent of the Comprehensive
Plan: it will not create additional impacts on Infrastructure that have not been anticipated In
the Comprehensive Plan. The proposed project Is compatible with adjacent land uses and will
contribute to the overall economic development and redevelopment of the City in general.
Therefore, staff recommends that the subject request be approved. If conditions are
recommended by the Community Redevelopment Agency Board or the City Commission, they
wifl be included as Exhibit "B".
ATTACHMENTS
. S:\PIanrmg\SIfARED\WP\PROJECTS\WiIson Cenler\UlAR\STAff REPORT WAR.doc
LOCATION MAP
Wilson Center Complex
LUAR 06-005
Exhibit A
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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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21 , 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) t?:?J 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 t?:?J Legal
0 Bids 0 Unftnished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the March 21,2006 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission approved the subject request under Public Hearing and Legal,
Ordinance - First Reading on February 28, 2006. For further details pertaining to the request, see attached Department
Memorandum No. PZ 06-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (LUAR 06-005)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request to rezone from Single and Two-Family Dwelling District (R-2) to Recreation
(REe) district.
Proposed use:
Recreation (expansion of the Wilson Center Park Complex)
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen ep City Manager's Signature
~.Dd~"" City Attorney I Finomce I Human R"omc"
S:\Planning\SHARED\ WP\PROJECTS\ Wilson Center\LUAR\Agenda Item Request Wilson Center Complex LUAR 06-005 Rezone 3-2I-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 06-009
FROM:
Chair and Members
Community Redevelopment Agency Board and
Mayor and City Commission
Kathleen Zeitler Kk
Planner
Michael W. Rum~~
Director of Planning and Zoning
TO:
THROUGH:
DATE:
PROJECf NAME/NUMBER:
REQUEST:
February 7, 2006
The Wilson eenter / LUAR 06-005
To reclassify the subject property from Medium Density
Residential (MeDR) to Recreational (R) on the Future Land Use
Plan, and rezone from Single- and Two-Family Dwelling District
(R-2) to Recreation (REC) District for recreational uses.
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant! Agent: The City of Boynton Beach/ Wally Majors, City of Boynton Beach
. Recreation & Parks Department
Location: 204 NW 13th Avenue (PCN: 08-43-45-21-14-000-5060)
206 NW 13th Avenue (PCN: 08-43-45-21-14-000-5030)
210 NW 13th Avenue (PCN: 08-43-45-21-14-000-5010)
211 NW 13th Avenue (PCN: 08-43-45-21-14-000-5210)
216 NW 13th Avenue (PCN: 08-43-45-21-14-000-4990)
1401 NW 1st Street (PCN: 08-43-45-21-14-000-5191)
1407 NW 1st Street (PCN: 08-43-45-21-14-000-5192)
NE portion Parcel 3 (peN: 08-43-45-21-00-000-3070)
(see Location Map - Exhibit "A")
Acreage: Total 1.13 acre
Existing Land Use: Medium Density Residential (MeDR) at 9.68 du/ac
Proposed Land Use: Recreational (R)
Existing Zoning: Slngle- and Two-Family Dwelling District (R-2)
Proposed Zoning: Recreation DIstrict (REC)
Page 2
File Number: LUAR 06-005
Wilson Center
Proposed Use:
Adjacent Uses:
North:
South:
East:
West:
Recreation - to be added to the Wilson Center Park Complex for the
proposed park expansion project (see MSPM 05-011)
C-16 Canal, and farther north, residences zoned Slngle-Famfly
Residential (R-1) In Rolling Green Subdivision.
A 2.45 acre parcel (3050) zoned Recreation (REC) In Wilson Park
consisting of a pool, pool building, parking lot, and basketball court.
NW 1st street, and farther east, Poinciana Elementary School zoned
Public Usage (PU); and,
Existing baseball field at Wilson Park zoned Recreation (REe).
EXECUnYe SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The requested land use amendment and rezoning are consistent with the intent of the
Comprehensive Plan;
2. This request is also consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan;
3. It will not create additional Impacts on infrastructure that have not been anticipated In
the Comprehensive Plan; and,
4. The proposed project Is compatible with adjacent land uses and wfJI contribute to the
overall economic development and redevelopment of the Oty In general.
PROJECT ANALYSIS
The parcels, which are the subject of thIs land use amendment, total 1.13 acre. Because of the
sIze of the property under consIderation, the Florida Department of Community AffaIrs dasslfies
this amendment as a "small scale" amendment. A "small-scale" amendment Is adopted prtor to
forwardIng to the F10rtda 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 rezonlngs are listed In the
Land Development Regulations, Chapter 2, SectIon 9, AdmInIstration and Enforcement, Item C.
ComprehensIve Plan Amendments: Rezonlngs. These cr1terfa are requIred to be part of a staff
Page 3
File Number: LUAR 06-005
Wilson Center
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 aty's risk
manager. 717e 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.
According to the Comprehensive Plan Future Land Use Element, Objective 1.16 "The City shall
continue to regulate the use, density, and intensity of land use, by requlrtng that all land
development orders be consistent with the Future Land Use Plan and other applicable policies of
the Comprehensive Plan".
Policy 1.16.1 of the Land Use Element reads under" Medium Density Residential' the following:
"Public, educational, and institutional uses located within these zoning districts may be
placed in the Public and Private Govemmental/lnstltutionalland use category, however,
and parks and recreation facilities may be placed in the Recreational land use category."
Policy 1.16.1 of the Land Use Element under "Recreational"reinforces the recommendation and
reads:
"This land use category shall include all Recreational zoning districts, but shall not be
limited to this zoning district. It shall be the policy of the City that all land acquired for
public parks, excluding those which are located in planned zoning districts or the Central
Business District, shall be placed in the Recreational land use and zoning category within
five years of acquisition."
b. Whether the proposed rezoning would be contrary to the established land use
pattem, or would create an Isolated distrid 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 does not Introduce a new use; it allows an established recreational land
use (existing Wilson Center Park) to expand for greater recreational opportunities In the area.
The proposed use of the site Is compatible with surrounding single-family and duplex residential
uses, and adjacent recreational and public uses.
c. Whether changed or changing conditions make the proposed rezoning desIrable.
The 2001 Heart of Boynton Community RedevelQpment Plan visions the expansion and
redevelopment of Wilson Center and proposes Reaeatlon land use for the subject properties.
The redevelopment plan outlines actions to Implement stated goals and objectives which
Include amending the Clty's Comprehensive Plan and rezoning the appropriate areas. The Plan
Page 4
File Number: LUAR 06-005
Wilson Center
states that "the redevelopment of WIlson Center and Its ball field and pool Is a critical part of
the overall redevelopment of the Heart of Boynton." The Oty has commItted to the conceptual
planning of thIs Center, and has acquIred addItional properties, and demolished structures on
those properties, In preparation for the proposed park expansion.
d. Whether the proposed use would be compatible with utility systems, roadwa}% and
other public fadlitles.
The proposed recreation use for the park expansion Is compatible with utility systems, roadways,
and other public facilities. The potable water and sanItary sewer systems to serve the park
project will be permitted from the Palm Beach County Health Department. A prelimInary
drainage report has been submitted whIch Indicates that currently Wilson Park does not have an
envIronmental Resource Permit (ERP). As part of the proposed park Improvements, the site wfll
be upgraded to meet South Ronda Water Management District's (SFWMD) regulations for
stormwater. Palm Beach County has reviewed the traffic study for this project and has
determined that the Increase. in dally trips by an average of 110 trips meets the Traffic
Performance Standards of the County. In addition, the proposed park expansion programs will
benefit the adjacent public school fadlity.
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 proposed rezoning to Recreation for the Wilson Center expansion is compatible with the
adjacent current and future uses. Current uses in the area are one- and two-famify resIdential
(RIA and R-2 zoning districts) and public school (PU zoning district). According to the Future
Land Use Plan, the future uses In the area are the same as the existing uses. The recreation
fadllty expansion will provide more amenities for the community, and will Increase property
values and be a favorable selling point for nearby residential properties.
f. Whether the property is physically and economIcally developable under the existing
zoning.
The subject properties consist of assembled lots which the Oty has acquired for the proposed
park expansion. The lots Indude a recreation building/dubhouse, a residence slated for
demolition, and several lots that are now vacant (prevIous residences demolished). These
IndivIdual lots were platted for residential development and may be developed and utilized for
one- and twO-family resIdential uses permitted under the existing R-2 zoning.
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 subject rezoning and subsequent use of the property would represent. a positive
contribution to both the neIghborhood and the dty.
h. Whether there are adequate sites elsewhere In the city for the Proposed use, In
dIstricts where such use Is already allowed.
Page 5
File Number: LUAR 06-005
Wilson Center
There are other smaller area parks throughout the Oty, however, the Wilson Park Is in the heart
of Boynton and serves the community, not just the Immediate neighborhood. Policy 5.2.1,
Recreation and Open Space Element of the Future Land Use Plan states "the Oty shall adopt
the Level of Service standard for District Parks of 2.5 acres per 1,000 persons." As population
increases, the amount of recreation facilities and neighborhood parks in the City also has to
increase to keep up with level of service standards for recreation facilities.
CONCLUSIONS/RECOMMENDAUONS
Staff recommends approval of this proposed reclassification from Medium Density Residential
(MeDR) to Recreational (R) land use. Staff supports the rezoning given that the proposed use
and Intensity change Is consistent with the Recreational designation on the Future Land Use
Plan, and also consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan. This request is also consistent with the intent of the Comprehensive
Plan: it will not create additional impacts on infrastructure that have not been anticipated in
the Comprehensive Plan. The proposed project Is compatible with adjacent land uses and will
contrtbute to the overall economic development and redevelopment of the Oty in general.
Therefore, staff recommends that the subject request be approved. If conditions are
recommended by the Community Redevelopment Agency Board or the aty Commission, they
will be Induded as Exhibit "B".
ATTACHMENTS
S:\PlaMlng\SHAREO\Wp\PROJECTS\WiIson Center\ll.lAR\STAFf REPORT WAR.doc
LOCATION MAP
Wilson Center Complex
LUAR 06-005
Exhibit A
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.S. 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
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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) ~ March 21, 2006 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
~ Legal
o Unfinished Business
o Presentation
. .~.-
.__.t
RECOMMENDATION: Please place this tabled public hearing item on the March 21, 2006 City Co~~sion. ,~;_'
Agenda under Legal, Ordinance - Second Reading to follow the corresponding land use amendment and rezoning requests.:~
so that final consideration of the land use and zoning changes precede action on this major site plan modification r~uest~~r
further details pertaining to the request, see attached Department Memorandum No. PZ 06-009. :::: h.' c.
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EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (MSPM 05-011)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
211 NW 13th Avenue
Request Major Site Plan Modification approval for park
expansion and improvements to include a 13,816 square foot
recreation connnunity center, a lighted multi-pwpose atWetic field, playground, picnic
area, basketball courts, new swimming pool, and a refurbished pool building and
additional parking on 5.27 acres zoned REC.
.C)
-'...
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme epa
p~~ ~o, City Attorney I 'man" I Humao R"ounoe,
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\MSPM\Agenda Item Request Wilson Center Complex MSPM 05-011 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSION
MEMORANDUM NO. PZ 06-011
STAFF REPORT
THRU:
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rum~~
Planning and Zoning Director
TO:
FROM:
Kathleen Zeitler tz-
Planner
DATE:
February 7, 2006
PROJECf NAME/NO:
Wilson Center Complex / MSPM 05-011
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner: City of Boynton Beach
Applicant: City of Boynton Beach
Agent: Mr. Wally Majors, City of Boynton Beach Recreation & Parks Department
Location: 211 NW 13th Ave (see Location Map - Exhibit "A'')
Existing Land Use: Recreational (R), and Medium Density Residential (MeDR)
Proposed Land Use: Recreational (R) (see LUAR 06-005)
Existing Zoning: Recreation (REe), and Single- and Two-Family Dwelling (R-2) Districts
Proposed Zoning: Recreation (REC) District (see LUAR 06-005)
Proposed Use: Recreation / Community Park Expansion
Acreage: 5.27 acres (229,340 square feet)
Adjacent Uses:
North: C-16 Canal, and farther north, single-family residential in Rolling Green
Subdivision zoned R-l;
South: Single-family residential in Poinciana Heights SubdMslon zoned R-IAi
East: NW 1st Street, and further east, one- and two-family residential In
Poinciana Heights Subdivision zoned R-2, and Poinciana Elementary
School zoned PU; and,
West: One- and two-family residential zoned R-2 In Poinciana Heights
Subdivision.
Staff Report - Wilson Center (MSPM 05-011 )
Memorandum No PZ 06-011
Page 2
PROPERlY OWNER NOnFICAnON
All property owners within 400 feet of the subject property were mailed a notice of this request for a major
site plan modification and its respective hearing dates per the Applicant! Agent who has certified that the
required signage was posted and notices mailed in accordance with Ordinance No. 04-007.
Site Location:
Proposal:
Concurrency:
Traffic:
Generally located west of Sea crest Boulevard and south of the C-16 Canal within
the City's Community Redevelopment Area, the subject property Is situated north of
N.W. 12th Avenue, east of N.W. 3rd Street and west of N.W. 1st Street (see Location
Map - Exhibit "A''). The Wilson Center is a City-owned and operated community
park which consists of approximately 4 acres zoned Recreation (REe), and Includes
a community pool and pool building, a baseball / softball field, two (2) basketball
courts, a recreational community center of 5,365 square feet, and related parking.
BACKGROUND
The City Recreation and Parks Department is requesting approval of a major site
plan modification for the proposed Wilson Center park expansion and redevelopment
project. The City's 2001 Heart of Boynton Community Redevelopment Plan proposes
a major update and expansion of the existing Wilson Center park facilities as a key
project, including the acquisition of additional property. As planned, the City has
acquired additional property to expand the Wilson Center Complex from
approximately 4 acres to 5.27 acres. Approval of the site plan will be contingent
upon the approval of the accompanying request for land use amendment / rezoning
(LUAR 06-005) of the additional property from residential land use and zoning to
recreational land use and zoning.
The proposed Wilson Park Complex will be open from sunrise to 9:00 p.m. and will
include the fOllOWing facilities: construction of a 2-story community center of 13,816
square feet, a lighted multi-purpose athletic field, a tot lot playground, a picnic area
with pavilions, two (2) basketball courts, new pool which will replace the existing
pool, a refurbished pool building, a lighted open play area, and additional parking.
New community center facilities will include a multipurpose room, kitchen, office, and
restrooms on the first floor, and two (2) classrooms, an assembly area, a game room,
office, and restrooms on the second floor. An athletic field for baseball / softball will
be replaced by a multipurpose field and play / picnic area, and the existing basketball
courts will be relocated on site.
ANALYSIS
A traffic statement prepared by Kimley-Horn and Associates, Inc. indicates an
increase of 110 new extemal daily trips for the proposed Wilson Center Complex.
The traffic statement was sent to the Palm Beach County Traffic Division for
concurrency review to ensure an adequate level of service. Based on their review,
the Traffic Division detennlned that the Proposed redevelopment project meets the
Traffic Perfonnance Standards (TPS) of Palm Beach County, however, no building
pennJts are to be Issued by the Oty after the bUild-out date of 2007. The County
traffic concurrency approval Is subject to the Project Aggregation Rules as set forth
In the TPS Ordinance.
staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 3
Utilities:
Fire I Police:
Drainage:
Land Assemblage:
Driveways:
Parking:
Potable water and sanitary sewer / wastewater capacity is currently available to
serve this project, subject to the applicant making a firm reservation of capacity,
following approval of the site plan (see Exhibit "C" - Conditions of Approval). In
addition, fire flow calculations will be required which demonstrate compliance with
the greatest requirements (see Exhibit "c" - eonditions of Approval).
These departments have reviewed the site plan and determined that emergency
services are available to the proposed project with an appropriate response time.
Emergency service providers expect to be able to utilize their current or anticipated
resources to maintain an adequate level of service for the proposed project.
Conceptual drainage information was provided for review. The Engineering
Division has found the conceptual information to be adequate, and is
recommending that full drainage plans, including drainage calculations, be required
at the time of permitting (see Exhibit "C" - Conditions of Approval).
Additional city-owned properties consisting of several lots have been added to the
Wilson Center for the proposed park expansion. A recorded Unity of TItle is
required to combine all the parcels for the Wilson Center Complex into one (1) lot
(see Exhibit "c" - Conditions of Approval). The platted rights-of-way located in the
interior of the subject property (NW 2nd Street and a portion of NW 13th Avenue)
were previously abandoned by the City to accommodate park uses.
The Wilson Center Complex will have two (2) points of ingress / egress: one from
N.W. 12th Avenue, and another from N.W. 1st Street. Both access points will lead
into and out of a newly expanded and reconfigured parking lot for the recreation
facilities.
Per the Land Development Regulations, required parking is based on the proposed
uses. A government operated community center use requires one (1) parking
space per 100 square feet of gross floor area (13,816 sf = 138 spaces). In
addition, the community pool use requires one (1) space per thirty (30) square feet
of water area (3,480/30 = 116 spaces). The outdoor athletic (basketball) courts
require one (1) parking space per 1,500 square feet of court area and adjoining
paved area (13,520/1,500 = 9 spaces). If calculated based on the individual uses
proposed, the total parking required is 263 spaces (including 9 spaces designated
for handicap use). The site plan proposes a reconfigured and expanded parking
area that will provide a total of 110 on-site parking spaces. However, as further
explained below, facility programming will prevent concurrent activities that would
be parking intensive, and special events or peak periods will be accommodated by
parking resources at the adjacent elementary school.
The City Recreation and Parks Department has an interlocal agreement with the
adjacent Poinciana Elementary school to utilize the school parking lot for overflow
parking when necessary. The interlocal agreement with the school will provide the
remainder of the required parking spaces (153) off-site. The adjacent school site
has 91 available parking spaces and a grassed area for overflow parking that can
accommodate the remaining 62 spaces required. This shared off-site parking may
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 4
Landscaping:
Building and Site
Design:
be used for the park complex during the evenings, weekends, and summers when
there is available parking at the school site. The City will control the SChedUling of
recreational activities at the community center and at the pool, and can therefore
avoid any parking conflicts / shortages.
The 90-degree parking stalls, excluding the handicap spaces, would be dimensioned
nine (9) feet in width and 18 feet in length and include wheelstops. All proposed
parking stalls, inclUding the size and location of the handicap spaces, were
reviewed and approved by both the Engineering Division and Building Division. In
addition, all necessary traffic control signage and pavement markings will be
provided on site to clearly delineate areas on site and direction of circulation.
Staff has reviewed the landscape plan and determined that it complies with the
landscaping requirements of the Land Development Regulations. Landscaping will
include Southern Magnolia trees along the north and west property lines, Queen
Crepe Myrtle trees around the building foundation, and Royal Poinciana trees to the
side of the building near the playground. Native Live Oak and Gumbo Limbo trees
will shade the parking lot, which will be screened with a perimeter hedge of native
Cocoplum shrubs. All trees are required to be a minimum of 12 feet in height upon
planting and shrubs are required to be a minimum of 24 inches in height. A
minimum of fifty percent (50%) of site landscape materials must be native species.
The landscape plan indicates 75% of the trees will be native species.
The City signature trees (TIbouchina GranUlosa) will be located on each side of the
access drive and near the intersection of NW 12th Avenue and NW 1st Street. All
above ground mechanical equipment will be visually screened and all planted areas
on site will be irrigated in accordance with the landscape code requirements.
The existing one-story recreation bUilding is to be removed, and a new two-story
13,816 square foot recreational community center will be constructed in a
centralized location of the park. The proposed building location on site far exceeds
the minimum setback requirements (25 feet front, side, and rear) of the REC
zoning district. The architecture of the proposed community center is "Aoribbean",
a mix of Old Florida and earibbean styles, the urban design concept approved for
the Heart of Boynton Community Redevelopment Area.
The proposed building's main entrance projects in a curvilinear design, and is
enhanced by a covered porch on the first floor, and a balcony with railings on the
second floor. The proposed building color is typical of the Floribbean style (pastel
colors such as pink, white, yellow, gray, or blue). The building will have a
standing-seam metal pitched roof (silver color of Natural Galvalum), blue siding
(Alice Springs SW5563M), and white trim (Classic White SW61260). Visual Interest
has been added to the proposed building through the use of architectural details
such as French doors, decorative Porthole windows, and Bahama shutters. A
decorative cupola ten (10) feet in height, with windows and matching Bahama
shutters, Is proposed on top of the roof for aesthetic purposes. Approval of the
building elevation with the proposed cupola Is contingent upon approval of the
accompanying request for a height exception (see HTEX 06-002).
Staff Report - Wilson Center (MSPM 05-011)
Memorandum No PZ 06-011
Page 5
Building Height:
Site lighting:
Signage:
The first floor of the community center facility will include a 2,695 square foot
multipurpose room without fixed seats, a 600 square foot catering/food service
area, office, restrooms, and a large entry lobby area with an elevator and stairway.
The second floor will include two (2) large classrooms (a general classroom and a
computer classroom), and a separate seating area above the lobby, a game room,
office, restrooms, elevator and stairway. The interior of the existing pool building
will be updated and the existing pool and deck will be replaced and updated. All
park facilities will be accessible to the handicapped.
A picnic shelter and chilled water fountain are proposed near the tot lot
playground. Two picnic shelters and barbeque grills are proposed near the open
play area located north of the tot lot. Both areas are surrounded by connected
walkways. Bike racks will be provided between the pool building and tot lot,
between the tot lot and the community center, and near the basketball courts.
Elevation drawings indicate the proposed two-story building complies with the
maximum building height of 45 feet allowed in the REC zoning district. However,
the decorative cupola proposed on top of the building will increase the building
height to 52 feet, which is seven (7) feet above the maximum height allowed. A
height exception (HTEX 06-002) is requested concurrent with this site plan
modification request.
The photometric plan indicates several types of freestanding light poles for the park
expansion. The sports lighting, ranging in height from 45 to 60 feet and supported
by concrete poles, will be placed around the pool deck, basketball courts, and the
open play area / multipurpose athletic field. Freestanding lights will also be located
throughout the parking lot. The freestanding lights will have square concrete poles
a maximum of 30 feet in height, and be shielded to direct the light downward to
avoid glare onto adjacent properties and passing motorists. In addition,
freestanding lights will be located along walkways in the park.
An externally illuminated monument sign identifying The Wilson Center and its
address is proposed near the intersection of NW lih Avenue and NW 1st Street.
The park sign will comply with the minimum set back of ten (10) feet from the
property line, and be located out of the safe sight triangle. The monument sign will
be six feet or less in height and include the City logo. The sign shall comply with
the applicable Land Development Regulations, which include landscaping around
the sign.
RECOMMENDATION:
Staff has reviewed this request for approval of a major site plan modification. Staff recommends approval,
contingent upon all comments indicated in the recommended Conditions of Approval - Exhibit "CII. The
Technical AdviSOry Review Team (TART) recommends that the deficiencies identified in this exhibit be
corrected on the set of plans submitted for building permit. Also, any additional conditions recommended
by the Board or City Commission shall be documented accordingly in the Conditions of Approval.
MR/kz
S:\Planning\Shared\Wp\Projects\Wilson Center\MSPM 05-011 \Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: MSPM 05-011
Reference: 2ndstreview lans identified as a Ma'or Site Plan Modification with a Janu 3 2006 Plannin &
Zoning date stamp marking.
I I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS -;- General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the COmmission and at permit review.
3. No site survey was provided, only a Topographic Survey (Sheet C-14.) In X
reviewing this Topographic Sheet, the Legal Description reflects (in part),
that this area includes Lots 489 thru 536 inclusive as shown on the plat of
CHERRY HILLS along with additional lands. This is not accurate. Only
Lots 489 thru 506 and Lots 519 thru 536 of the plat are a part of this
property. Lots 507 thru 518 were included in the redevelopment of the
Poinciana Elementary School parcel. Please have the applicant's surveyor
rectify the legal description for this Recreational Facility. Surveyor will be
instructed by City to revise final survey to reflect these comments, and
additional property acquisition by City. Revised final survey will be
submitted with final signed and sealed plans.
4. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Use a 25-foot sight triangle for driveways onto local roads
(NW 1st St.).
5. Sidewalks adjacent to parking lots shall be continuous through all driveways X
and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article
II, Section P).
6. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
CONDITIONS OF APPROY AL
WILSON CENTER (MSPM 05-011)
PAGE 2
I I
DEP ARTMENTS INCLUDE REJECT
7. 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.
8. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
9. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
10. Fire flow calculations wi 11 be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments)
with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
12. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
13. Add a gate valve downstream of the proposed fire hydrant on the north side X
of the building.
14. Correct discrepancy between the call-out for the existing sanitary sewer (8- X
in. vs. 9-in.)
15. Abandon entire portion of the 2-inch water main from the tee in NW 1 sl St. X
to the tee in NW 3rd 81. Portions of the 2-in. water within the road rights-of-
way may be abandoned in place.
16. Show mains and points of service, including meter locations, for the pool X
house and pool.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 3
I I
DEPARTMENTS INCLUDE REJECT
17. 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:
18. Provide a sheet that clearly shows the location of all fire hydrants and Fire X
Department Connections to the fire sprinklers.
19. Provide details for the fences around the pool. X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
20. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the cOnnnission and at permit review.
21. Buildings, Structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance door/s to the building. 2001 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
24. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible parking space/s and the accessible entrance door/s to the
CONDITIONS OF APPROY AL
WILSON CENTER (MSPM 05-011)
PAGE 4
DEP ARTMENTS
building. The installed symbol, required along the path, shall start at the
accessible parking space/s and terminate at the accessible entrance door/s to
the building. The symbol shall represent the location of the path of travel,
not the location of the detectable warning or other pavement markings. The
location of the accessible path shall not compel the user to travel in a
drivellane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an
accessible route shall be 36 inches, except at curb ramps that are part of a
required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route
and the route is designed in compliance with 2001 FBC, Section 11-4.3
(Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones).
Please note that at time of permit review, the applicant shall provide detailed
documentation on the plans that will verify that the accessible route is in
compliance with the regulations specified m the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
INCLUDE
25. If an accessible route has less than 60 inches clear width, then passing X
spaces at least 60 inches by 60 inches shall be located at reasonable
intervals not to exceed 200 feet. A "T" -intersection of two corridors or
walks is an acceptable passing place. 200 I FBC, Section 11-4.3.4.
26. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. Verify that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _' _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
. From the FIRM map, identify in the site data the title of the flood zone
that the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
. Identify the floor elevation that the design professional has established
for the building within the footprint of the building that is shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
27. On the drawing titled site plan identify the property line. X
28. As required by the CBBCO, Part III titled "Land Development
Regulations", submit a site plan that clearly depicts the setback dimensions
from each property line to the leading edge of the building. The leading
edge of the building 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.
REJECT
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 5
I I
DEPARTMENTS INCLUDE REJECT
29. 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.
30. 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.
3L 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.
· 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)
32. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at the
time of permit application.
33. 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.
34. 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.
35. Sheet C-03 - Accessible parking spaces serving a particular building shall X
be located on the shortest safety accessible route of travel from adjacent
parking to an accessible entrance. Relocate the handicap parking spaces to
the area adjacent and north of the community center. FBC Section 11-4.6.
36. Sheet LSP-I refers to Table 1004 for exiting distance, length and width. If X
you are designing on the 2004 FBC, this table is wrong. Refer to the correct
table and code sections.
37. Sheet LSP-I - The square footage per person stated for the occupant load X
determination for assembly OCcupancy is shown as seven square feet net for
the first floor and fifteen square feet for the second floor. Are these both
classified as unconcentrated? Please clarify.
CONDITIONS OF APPROY AL
WILSON CENTER (MSPM 05-011)
PAGE 6
I \ REJECT 1
DEP ARTMENTS INCLUDE
38. Sheet LSP-2 _ The elevator shall comply with Chapter 11-4.10 of the FBC. X
39. Sheet A-5 _ The guardrails at the second floor deck shall comply with X
Section 1012 of the 2004 FBC.
40. The architectural plans refer to the 2001 FBC and the title sheet refers to the X
2004 FBC. Clarify. (Check structural drawings also).
41. Sheet A-14 - Delete details that are not applicable to this project (e.g. X
shower details).
42. Clearly indicate the extent of alterations to be done to the existing pool X
building.
43. * NOTE: This review is not inclusive of all disciplines. A comprehensive X
plan review will be performed at the time of permit application.
PARKS AND RECREATION
Conunents: None X
FORESTERlENVIRONMENT ALIST
Conunents: None X
PLANNING AND ZONING
Conunents:
44. Submit a copy of a recorded Unity of Title which includes all the land X
within the Wilson Park Complex as indicated on the site plan.
45. Revise site plan application to include all the following property control X
numbers for the subject property: (8. PCN): 08_43-45-21-00-000-3050, 08-
43-45-21-14-000-4890, 08-43-45-21-14-000-5230, 08-43-45-21-14-000-
5230, 08_43-45-21-14-000-5210, 08-43-45-21-14-000-5192, 08-43-45-21-
14-000-5191, 08-43-45-21-14-000-4990, 08_43_45-21-14-000-5010, 08-43-
45-21-14-000-5030, 08_43-45-21-14-000-5060, and a portion of 08-43-45-
21-00-000-3070.
46. Revise site plan to include the following information as tabular site data: X
existing and proposed uses and corresponding square footage, minimum
setbacks for REC zoning district (25' front, side, rear), and parking
calculations including number of spaces required and number of spaces
provided including number of handicapped spaces (community center is 1
space per 100 square feet of gross floor area, pools is 1 space per 30 square
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-01 I)
PAGE 7
I I
DEPARTMENTS INCLUDE REJECT
feet of water area, outdoor athletic courts is I space per 1500 square feet of
court area and adioinin~ paved area).
47. The vehicular back-up distance, parking stall dimensions, and drive aisles X
are subject to the Engineering Division of Public Works' review and
approval.
48. Indicate diagonal striping for the sanitation truck turnaround area as a "no X
parking/ loading zone", and include "do not enter" sign! "service vehicles
only" in the area near the crosswalk to prevent parking of vehicles on
pavement that is not designated! striped for vehicle parking.
49. Provide water fountains and benches in needed areas of the park per X
recommendations for park improvements listed in the Heart of Boynton
Redevelopment Plan.
50. Indicate any outdoor mechanical equipment and type of required screening X
of equipment.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWR/kz
S:\Planning\Shared\WP\PROJECTS\Wilson Center\MSPM 05-01 I\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wilson Center Complex
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21, 2006
TYPE OF RELIEF SOUGHT: Request a major site plan modification for expansion and
improvements, including a 13,816 square foot recreation community center on 5.27 acres
zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Wilson Center\MSPM 05-011\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM A.S. b.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
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)
0 January 3, 2006 December 19,2005 (Noon) 0 February 28, 2006 February 21,2006 (Noon)
0 January 17, 2006 January 3, 2006 (Noon) [8J 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 ~_.h... -.
- -
0 City Manager's Report :=--::J
-.J..J
RECOMMENDATION: Please place this tabled public hearing item on the March 21, 2006 City Corm:ujssioIl. :~:c
Agenda under Legal, Ordinance - Second Reading to follow the corresponding land use amendment and rezoning:reques~;::
so that tmal consideration of the land use and zoning changes precede action on this height exception request. FodUrth~ _~_
details pertaining to the request, see attached Department Memorandum No. PZ 06-008. c~; ~~ S~
'c>
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Wilson Center Complex (HTEX 06-002)
Wally Majors, Recreation and Parks Director
City of Boynton Beach
2]] NW 13th A venue
Request for Height Exception approval to allow a decorative
cupola on the roof of the proposed two (2)-story Wilson Park
community center building at a height of 52 feet, seven (7) feet
above the maximum building height limit of 45 feet in the REC
zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme
N/A
N/A
N/A
fr-.~ l- ~
Planning and irrung Director City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\HTEX\Agenda Item Request Wilson Center Complex HTEX 06-002 3-21-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-008
Chair and Members
Community Redevelopment Agency Board and City eommisslon
Michael Rum~
Director of Planning and Zoning
Kathleen Zeitler k l-
Planner
February 7, 2006
Wilson Center Complex / HTEX 06-002
Height Exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
East:
West:
City of Boynton Beach
City of Boynton Beach
Mr. Wally Majors, City of Boynton Beach Recreation & Parks Department
Wilson Center Complex, 211 NW 13th Avenue (see Location Map - Exhibit "A'')
Recreational (R), and Medium Density Residential (MeDR)
Recreation District (REC), and, Single- and Two-Family Dwelling District (R-2)
Recreational (R) (see LUAR 06-005)
Recreation (REC) (see LUAR 06-005)
Recreation / Community Park
5.27 acres (229,340 square feet)
C-16 eanal, and farther north, single-family residential in Rolling Green
Subdivision zoned R-l;
Single-family residential in Poinciana Heights Subdivision zoned R-IA;
NW 1st Street, and farther east, one- and two-family residential in Poinciana
Heights Subdivision zoned R-2, and Poinciana Elementary School zoned P-U;
and,
One- and two-family residential In Poinciana Heights Subdivision zoned R-2.
Page 2
Wilson Center HTEX 06-002
Memorandum No. PZ 06-008
BACKGROUND
The City of Boynton Beach has acquired several residential lots along NW 1st Street adjacent to the existing
Wilson Center Park in order to expand and redevelop the community park complex. The subject property
Is located within the Community Redevelopment Area (CRA), and the proposed park expansion and
redevelopment is noted as a key project of the Heart of Boynton Community Redevelopment Plan. The
acquired residential portion of the project is currently pending approval of a land use amendment request
(LUAR 06-005) from Medium Density Residential (MeDR) land use classification to Recreational (R) land
use classification, and a rezoning request (LUAR 06-005) from the Single- and TWo-Family Dwelling District
(R-2) to the Recreation District (REe). In addition, the subject property is also pending approval of a major
site plan modification (MSPM 05-011) for the proposed park expansion and redevelopment. Approval of
the site plan will be contingent upon the approval of the accompanying request for land use amendment /
rezoning (LUAR 06-005).
The Wilson Park site plan modifications indicate a two-story 13,816 square foot community center to be
constructed. Although the new building will comply with the maximum height as permitted under the REC
zoning district, there is a certain element of the building that exceeds the 45-foot threshold. That element
is the subject of this request for height exception. The exterior bUilding elevations reveal that a proposed
decorative cupola, approximately ten (10) feet in height, will be located on top of the community center
and will exceed the maximum height of 45 feet for structures located in the REC zoning district. The
height exception would only be required for the two-story community center building (see Exhibit "B'').
The exterior building elevations indicate that the elevation from finished floor to the highest point of the
cupola is 52 feet. The applicant requests a height exception of seven (7) feet above the maximum height
Df 45 feet allowed in the REC zoning district.
ANALYSIS
The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that a viable community center will offer a mix of recreational uses to various age groups
and will greatly benefit the public. The architecture for the proposed community center is a Floribbean
theme with a standing-seam metal roof and a cupola or dome on the highest pOint of the roof. The
architectural enhancement of the cupola is decorative in nature and considered non-habitable space. The
cupola raises the building height slightly above the maximum height allowed, but is necessary to provide
articulation and give the building a more desirable aesthetic appearance.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations and Exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height Include noncommercial towers, church spires,
domes, cupolas, flagpoles, electrtcal and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
In considering an application for exception to the district height regulation, the City Commission shall
make findings indicating the proposed exception has been studied and considered in relation to minimum
standards, where applicable.
The City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
nth current standards and to allow more flexibility In building design. Plans Indicate the proposed
community center will have a gable or hip roof. Building height for gable or hip roofs Is measured from
the finished grade to the midpoint between the eaves and the rtdge. The two-story community center
building will comply with the REC zoning district height limitation of 45 feet (roof is approximately 36 feet
Page 3
Wilson Center HTEX 06-002
Memorandum No. PZ 06-008
and the midpoint between eaves and ridge, and 42 feet at highest point), but with the decorative cupola
the maximum building height is exceeded by seven (7) feet.
The proposed building height of 52 feet (which includes the cupola) Is mitigated by the location of the
building on the lot. The proposed building will be setback 123 feet from NW 12th Avenue and 143 feet
from NW 1st Street. In comparison, the minimum setback for the REC zoning district is 25 feet. The
proposed height would be compatible with the neighborhood presence envisioned for the Wilson Center
Complex, a key redevelopment project in the REe zoning district. As evidenced by previous approvals,
this request for height exception would not constitute a grant of special privilege.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying
requests for land use amendment and rezoning (LUAR 06-005) and for major site plan modification (MSPM
05-011) of the Wilson Center Complex. The applicant meets the crtteria as set forth in the Land
Development Regulations. Therefore, staff recommends approval of the request for a 7-foot height
exception, contingent upon satisfying all comments noted in Exhibit "CfI - Conditions of. Approval (see
MSPM 05-11). Should the Board or City Commission have any additional comments, they will be placed
accordingly within Exhibit "C".
S:\Plannlng\SHAREDlWPlPROJECTS\Wilson Center\HTEX 06-002\51811 Report.doc
LOCATION MAP OF WILSON PARK COMPLEX - EXHIBIT "A"
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\NILSON PARK
CITY OF
BOYNTON BEACH
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: HTEX 06-002
Reference: Recreation Building Exterior Elevations (A-4) and Building Sections (A-7) dated 12/15/05
. .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
CONDITIONS OF AFPROV AL
WILSON CENTER (HTEX 06-002)
PAGE 2
I
DEPARTMENTS INCLUDE REJECT
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None. X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWRIkz
S :\PlanningISharedl WP\PROJECTS\ Wilson Center\HTEX 06-0021COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Wilson Center Complex
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21,2006
TYPE OF RELIEF SOUGHT: Request for a height exception of seven (7) feet above the maximum
building height of 45 feet for a decorative cupola proposed for a recreation community center on 5.27
acres zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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\Wilson Center\HTEX 06-002\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 8.1
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 10 City Clerk's Office
o December 6, 2005
o December20,2005
o January 3, 2006
o January 17, 2006
November 14,2005 (Noon.)
o February 7, 2006
o February 21,2006
o February 28, 2006
[8J 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
o Administrative
o Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
[8J Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Approval of Ordinance amending Park and Recreation Facility Impact Fee regulations.
EXPLANATION: The City currently has a procedure that requires a park and recreation facilities impact fee. The collected fees are a
source of revenue to fund the construction or improvement of the City park system necessitated by future growth. The City regulations
allow for a dedication of land in lieu of a payment of a fee under certain circumstances. The City Commission has expressed a desire that
the Commission participate in the determination of feasibility at a point earlier in the review process. The revised Ordinance modifies all
of Chapter I, Article 5, Section 3 of the Land Development Regulations to clarify and modifY the review process, to eliminate redundant
language, and to eliminate references to utility fees that are superfluous to the park and recreation facilities impact fee regulations. More
specifically, the Ordinance:
Deletes the reference to land reservation by developer to accommodate regional or metropolitan parks
· Establishes that impact fee payment is due prior to the issuance of a building permit or approval of a plat or re-plat
Allows for either the City or a developer to propose land donation in lieu of the payment of impact fees
· Requires a proposal for land donation to be considered by the City Commission at a public hearing prior to completion of
staff review of an application
· Eliminates a cross-reference to provisions of Chapter 26 of the Code regarding utility fees
PROGRAM IMPACT: The modified procedure set forth in the proposed Ordinance will facilitate staff review and expedite the fee
versus land donation analysis. The proposed review process should represent a cost savings to the development community as it allows
earlier Commission review of the land versus fee option.
FISCAL IMPACT: None.
AL TERNA TIVES:
City Attorney / Finance / Human Resources
Departm
Development
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I
2 ORDINANCE NO. 06-
3
4 AN ORDINANCE OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AMENDING PART III, LAND DEVELOPMENT
7 REGULATIONS, CHAPTER 1, ARTICLE V, IMPACT
8 FEES AND DEDIC A TIONS, BY DELETING SECTION 3
9 IN ITS ENTIRETY AND ADOPTING A NEW SECTION
10 3, PARKS AND RECREATION FACILITIES IMPACT
11 FEE; PROVIDING FOR AND ESTABLISHING
12 PROCEDURES FOR THE CALCULATIONS AND
13 COLLECTIONS OF A PARK AND RECREATION
14 FACILITIES IMPACT FEE; PROVIDING FOR
15 CONFLICTS, SEVERABILITY, CODIFICATION AND
16 AN EFFECTIVE DATE.
17
18 WHEREAS, the Comprehensive Plan, by Policy No. 1.8.2 requires a review of the
19 Parks Impact fees every five years; and
20
21 WHEREAS, as a result of this review, staff recommends the imposition of a park
22 and recreation facilitates impact fee to provide a source of revenue to fund the construction
23 improvements of the City park system; and
24
25 WHEREAS, the implementation of this ordinance will ensure that all future
26 residential land development creating an impact on park and recreational facilities within the
27 City shall bear a proportionate share of the cost of capital expenditure necessary to provide
28 such facilities in accordance with the open space and recreation element of the
29 comprehensive plan;
30
31 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
32 COMMISSION OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
33
34
35 Section 1. The foregoing Whereas clauses are true and correct and incorporated
36 herein by this reference.
37
38 Section 2. Article Y., Section 3, is deleted in its entirety and in its place, a new
39 Section 3 is adopted as follows:
40
41 Section 3. Establishment of parks and recreation facilities
42 impact fee or land dedications in lieu thereof.
43
44 a. PURPOSE. This subsection is enacted to insure that future land development
45 within the city provides land and facilities for park or recreational purposes in
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accordance with the open space and recreation element of the comprehensive
plan adopted by the City.
b. IMPACT FEE IMPOSED. A park and recreation facilities impact fee is
hereby imposed on all the development of all real property that is hereinafter
developed or redeveloped for residential use within the city limits.
c. PURPOSE OF IMPOSITION OF FEE. The imposition of a park and
recreation facilities impact fee is to provide a source of revenue to fund the
construction or improvement of the city park system necessitated by growth.
as delineated in the capital improvement element of the proposed
comprehensive plan. The purpose of this section is to ensure that all future
residential land development creating an impact on park and recreational
facilities within the city shall bear a proportionate share of the cost of capital
expenditure necessary to provide such facilities in accordance with the open
space and recreation element of the comprehensive land adopted by the city.
d. APPLICABLITY OF FEE The provisions apply to development. including
the residential component of mixed-use developments. The provisions of this
section shall not apply to nonresidential property.
e. DEFINITIONS. When used in this section. the following terms shall have the
following meanings.
APPLICANT - The person or entity applying. or required by the city code to
apply. for a building permit for the construction of three or more dwelling units. or
for the construction of one or more dwelling units within a development of three or
more units. Applicant is synonymous with owner.
DWELLING - A living facility for one or more persons. such as a one-family
house. an apartment or a condominium.
IMPACT FEE - Park and recreation facilities impact fee.
OBLIGOR - Any person or entity who is obligated to pay a park and recreation
facilities impact fee pursuant to the city's Park and Recreation Facilities Impact Fee
Ordinance.
PARK - A public park within the city that is not owned or operated by the county.
RESIDENTIAL UNIT - An apartment. condominium. single-family detached
house. mobile home. single-family attached house or multi-family housing
established for human habitation.
f. TIME OF IMP ACT FEE PAYMENT. Payment of park and recreation impact
fees or transfer of title to land conveyed in lieu of a cash payment. shall be
made prior to the issuance of a building permit. or prior to approval finality of
an development order approving an application for plat or replat. whichever
occurs first.
C:\Documents and Settingslgreeneq.C1TYlLocal SeltingslTemporary Internet FileslOLKI EIPark Fee Ordinance version 030906.doc
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g. IMPACT FEE CALCULATION. The formula used to develop park and
recreation facilities impact fee assessment is set forth as Appendix A at the
end of this chapter.
4
5
h. IMP ACT FEE AMOUNT. The established park and recreation facilities
impact fee per residential unit is as follows:
Type of Dwelling Unit Impact Fee per Dwelling
Unit
Single-family, detached $940
Single-family, attached $771
Multi-family $656
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1. CREDIT TOWARDS IMP ACT FEE IMPOSITION. Where a building
consisting of one or more dwelling units is replaced by another building of
one or more dwelling units, there shall be a credit against the payment of the
fees originally paid or assessed.
J. LAND DONATION AS IMPACT FEE OBLIGATION SATISFACTION.
Some or all of the park and recreation facilities impact fee obligation may be
satisfied by dedication of land to the City for park and recreation facilities.
The process of donation may be initiated by the applicant or the City upon the
formal filing of a development application and prior to the completion of staff
reviews. In either case, the decision to accept land in lieu of a fee is reserved
to the City Commission.
(1 ) When either an applicant or the City proposes a land dedication in lieu of
all or part of the required cash fee, the applicant shall submit to the
Director of Parks and Recreation a proposed plan for the dedication of
land for impact fee satisfaction. The proposed plan shall include a legal
description of the land and a written appraisal of the land, along with a
proposed date for the donation of the land. Upon receipt of the prOpOsed
plan, the Director of Recreation and Parks shall schedule a hearing before
the City Commission at the next regularly scheduled meeting for the
purpose of reviewing the proposed plan, and shall provide the applicant
written notice of the time and place of the hearing. Such hearing shall be
held in accordance with the City Commission rules for conducting quasi-
iudicial hearings. The City Commission, following a written
recommendation from the Director of Parks and Recreation and the City
Manager, shall. following the public hearing determine whether it shall
require a land dedication in lieu of a fee by consideration of the following:
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a. Suitability. The land should be suitable for future park and
recreation facilities based upon the size. shape. topography. geology.
access and location of the proposed development;
b. No defects. The land must have no known physical problems such
as problems with drainage or flooding. or on-site safety hazards
associated with it:
c. Consistency. The location of the land and its potential for
development should be consistent with the city's Recreation and
Parks Strategic Plan.
(2) Nothing contained herein should be construed to prevent the City
Commission from exercising its authority to decline the donation of land
as partial or full satisfaction of the park and recreation impact fee.
(3) The fair market value of said land dedicated in lieu of a cash fee will be
credited to the applicant against the impact fee as set forth in this section.
If the fair market value exceeds the applicant's impact fee obligation. the
reimbursement will be made to the applicant by direct cash payment from
the trust fund.
(4) The value of the proposed land to be dedicated shall be based upon a
written appraisal of fair market value by a qualified and professional
appraiser. and based upOn comparable sales of similar property between
unrelated parties in a bargaining transaction. if available. The appraiser
must: be a Member of the Appraisal Institute eM.A.!.): have his or her
principal office for business in Martin. Palm Beach or Broward County:
and have been qualified to testify as an expert on land valuation in a court
proceeding in at least three (3) legal proceedings involving a
governmental entity. The fee of the appraiser shall be paid by the
applicant when a dedication in lieu of a cash fee is requested by the
applicant and by the City when the dedication in lieu of a cash fee is
initiated by the City.
k. USE OF PARK IMPACT FEE PROCEEDS.
(1) The funds collected pursuant to the Park and Recreation Facilities Impact
Fee Ordinance shall be paid to the city. and placed in a trust fund to be
known as the reserve for parks and recreational facilities.
(a) This account shall be used solely for the acquisition. improvement.
expansion or implementation of parks and recreational facilities in
the city.
(b) Funds shall be used first for the purpose of providing park or
recreational facilities reasonably related to serving the subdivision
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by purchasing land or by improving the land for park and
recreational purposes.
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(c) Ifboth adequate land and improvements exist in the area. funds may
be spent to acquire or improve park and recreational facilities
elsewhere in the city.
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(2) The amount of the park impact fee collected pursuant to this ordinance
plus any interest accrued may be returned to the person or entity that paid
the fee. upon petition for refund. only if such fees have not been
expended or encumbered by the end of the fiscal year immediately
following the sixth (6th) anniversary of the date upon which such fees
were paid.
(3) Refunds shall be made in accordance with the following procedure:
(a) The completed petition for refund must be submitted to the Director
of Parks. via certified mail return recei?t requested. and shall consist
of:
1. A notarized sworn statement that the applicant was the entity
that paid the impact fee;
II. A COPy of the dated receipt issued for payment of the impact
fee or such other record that would indicate payment/credit for
such fee;
Ill. A certified COpy of the latest recorded deed; and
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IV. A COPy of the most recent ad valorem tax bill.
(b) Within ninety (90) days from the date of a receipt of a complete
petition for refund:
1. The Director of Recreation and Parks will advise the applicant
of the status of the request for refund: and
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II. If such impact fee or portions thereof have not been spent or
encumbered within its applicable time period. then the fee or
portion thereof not spent or encumbered shall be returned to
the applicant.
(c) For the purposes of this section. fees collected shall be deemed to be
spent or encumbered on the basis of first fee in. first fee out.
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Section 3. Each and every other provision of Chapter 26, not herein specifically
35 amended shall remain in full force and effect as previously enacted.
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Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
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Section 5.
Should any section or provision of this ordinance or portion hereof,
4 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
5 invalid, such decision shall not affect the remainder of this ordinance.
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Section 6.
Authority is hereby granted to codify said ordinance.
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Section 7.
This ordinance shall become effective immediately after passage.
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FIRST READING this _ day of
, 2006.
SECOND, FINAL READING AND PASSAGE this
day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(CORPORATE SEAL)
C:\Documents and Settings\greeneq.CITY\Local Settings\Temporary Internet FiIes\OLKI E\Park Fee Ordinance version 030906.doc
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XII. - LEGAL
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Fonn Must be Turned
in to City Clerk's Office
D December 6, 2005
D December 20, 2005
D January 3, 2006
D January 17, 2006
November 14,2005 (Noon.)
December 5, 2005 (Noon)
December 19,2005 (Noon)
January 3, 2006 (Noon)
;-~
Requested City Commission
Meeting Dates
Date Final Fonn Must b~1:umea-'
_...-' r--,
in to City Clerk's O~~ '.-
D February 7, 2006
D February 21, 2006
D March 7, 2006
I:8J March 21, 2006
r--J
I
January 17,2006 (Noon):::",
February 6, 2006 (Noon)'~'...
~-'1 .
February 21, 2006 (Noon)c;-
~;-----~.:::~
.~~~-~
(--")
March 6, 2006 (Noon)
D Administrative D Development Plans
NA TURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing I:8J Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Motion to amend City Code of Ordinance, Section 18-135 to establish procedures for the
election of the three (3) elected Trustee positions of the General Employee's Pension Board.
EXPLANATION: The General Employee's Pension Board, by unanimous vote, has determined a need to provide an
election procedure for the conduct of elections of members of the Board. These procedures include:
· The composition of the Board.
· Vacancies.
· Conduct of Elections.
PROGRAM IMPACT: To ensure that elections are conducted according to a set standard as dictated by the City's
Code of Ordinance.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to establish election procedures.
~~)~ 1b:7-CPtI/m.
Department Head's Signature
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City Attorney / Finance / Human Resources
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ORDINANCE NO. 006-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH TO CODIFY THE PROVISIONS FOR
THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE
GENERAL EMPLOYEES' PENSION PLAN OF THE CITY OF
BOYNTON BEACH, FLORIDA, PREVIOUSLY PROVIDED FOR
BY RESOLUTION; PROVIDING ELECTION PROCEDURES
FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF THE
BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, S 18-55 of the Code of Ordinances of the City of Boynton Beach,
Florida ("Code of Ordinances") provides that the Board of Trustees ("Board") of the
General Employees' Pension Plan ("Plan") shall consist of the members of the City
Commission unless otherwise provided by resolution of the Commission; and
WHEREAS, Resolutions 85-77 and 00-40 made provisions for the appointment
and election of members of the Board other than members of the City Commission; and
WHEREAS, S 18-138 of the Code of Ordinances of the City of Boynton Beach,
Florida provides that the Board of Trustees may promulgate written rules regarding the
administration of the General Employees' Pension Plan ("Plan"); and
WHEREAS, the Board of Trustees of the General Employees' Pension Board
desire to adopt fonnal procedures for the conduct of elections and filling of vacancies for
the members of the Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified as true and
correct and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach hereby amends
Section 18-135 of the Code of Ordinances, entitled "General Supervision," as follows:
g18-135
Cenera) Supervision.Board of Trustees.
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The general supervision of the administration of the plan shall be by the
council, acting as the board of trustees.
( a) Composition of the Board. The composition and terms of the seven
(7) members of the Board of Trustees of the Employees' Pension Plan of the City of
Bovnton Beach are hereby established as follows:
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(1)
(2)
The Mayor
The City Manager
(3) Two (2) individual citizens who shall be appointed by the
City Commission to serve for three (3) year staggered terms.
(4) One (l) employee representative member shan be elected at-
large by the members of the Plan to serve a three (3) year term.
(5) One (1) employee representative member shall be elected to
serve a three (3) year term by all members of the Plan from the general
membership of the Plan, provided the member is a member of a bargaining
unit of the City of Boynton Beach.
(6) One (1) employee representative member shall be elected to
serve a three (3) year term by all members of the Plan from the general
membership of the Plan, provided the member is not a member of a
bargaining unit of the City ofBovnton Beach.
(7) Employee representatives on the Board must be actively
employed at the City to be elected to the Board. An employee who enters
the DROP as provided in &18-127, may continue to serve out the remainder
of their term on the Board, but an employee representative may not be
elected to the Board if they have already entered into the DROP prior to the
election.
(8) The terms of the employee representatives on the Board shall
be staggered.
(b)
Vacancies.
(1)
If an elective seat on the Board is vacated for any reason, an
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election to fill the vacated position shall be conducted. However, if an
elected Board member retires before the expiration of their term, such board
member may continue to hold such elective seat for the balance of their
elected term.
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(2) If an appointive seat on the Board is vacated for any reason,
the seat shall be filled by appointment by the appointing body.
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(3) A replacement member shall serve on the Board for the
unexpired tern1 of the person replaced.
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(c)
Conduct of Elections.
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(1) The Board of Trustees shall be elected by a per capita vote of
all employees, retirees and individuals who are on approved disability leave.
The candidate( s) receiving fifty percent (50%) plus one (1) of the votes
shall be declared elected and shall take office as soon thereafter as qualified.
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(A) Such election shall be conducted by first class mail.
Such mailing shall include:
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(i) a letter of instruction written m a
manner calculated to be understood by the average
recipient;
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(ii)
a ballot approved by the Board;
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(iii) a Board approved form which contains
a description of each candidates' profile or
description of qualifications which has been
submitted to the pension office by the candidate no
later than thirty (30) days prior to an election; and
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(iv)
a postage paid return envelope.
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(B) Mail ballots must be received in the return envelope
by the deadline provided by the Board.
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(C) All ballots shall be received and counted under the
supervision of the Pension Administrator or other designee(s) of the
Board.
(D)
Only one (I) ballot per member shall be pennitted.
(2) The Board may rely on the address maintained by the City's
Human Resource department as accurate and current with respect to persons
entitled to vote for the purposes of notice and mailing ballots.
(3) Notice of the election shall be provided to all qualified
persons entitled to vote in person, by mail and by notice posted on City
bulletin boards and included with members paychecks and pension or
disability checks ninety (90) days in advance of an election. Candidates
may register to run for a position on the Board sixty (60) days prior to the
conduct of the election. The ballots shall be mailed out thirty (30) days
prior to the election date.
(4) The results of the election shall be placed on the next Board
agenda immediately following the election for certification of the election
results.
Section 3.
Should any section or provision of this Ordinance or any portion
19 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall
20 not affect the remainder of this Ordinance.
21
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
23
Section 5.
This ordinance shall become effective immediately upon its passage.
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FIRST READING this ~ day of ___~_____~~_' 2006.
SECOND READING and FINAL PASSAGE this ~ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
Page 5 of5
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S:\CA \Ordinances\Pension\Election Procedures (2).doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM B.3
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
D December 6, 2005
D December 20, 2005
D January 3, 2006
o January 17, 2006
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) ~
January 17,2006 (Noon)
February 6, 2006 (Noon)
February 21, 2006 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
March 21, 2006 March 6, 2006 (Noon)
--,
/
.-
D :;:.J i - "i
Development Plans r
D New Business G) ;[ __n
~ Legal .,
D Unfinished Business
D Presentation :~~J ~~~'
~- . ;C)
RECOMMENDATION: Motion to approve Ordinance #06-_, amending Chapter 18, Article II, Division 4 ofthe
Code of Ordinances for the City of Boynton Beach to create Section 18-128, Entitled "Elective Benefits;" codifying the
elective benefits available to members of the General Employee's Pension Plan.
EXPLANATION: The Board of Trustees of the General Employee's Pension Plan recommends that elective benefits
be codified so as to ensure all participants have adequate notice of such elective benefits and the regulations applicable
to their application.
PROGRAM IMPACT: This will ensure that all members and future members of the General Employee's Pension
Plan will have adequate disclosure of the elective benefits available to them under the General Employee's Pension
Plan.
FISCAL IMPACT: N/A
ALTERNATIVES: Not to codify the elective benefits of the General Employee's Pension Plan and rely on currently
ineffective methods of communicating benefits to the members.
Department Name
City Attorney / Finance / Human Resources
~~~ ~cpt~
Department Head's Signature
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I ORDINANCE NO. 006-
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA AMENDING CHAPTER 18, ARTICLE II, SECTION
6 4 OF THE CODE OF ORDINANCES OF THE CITY OF
7 BOYNTON BEACH, FLORIDA TO CREATE SECTION 18-128,
8 ENTITLED "ELECTIVE BENEFITS;" CODIFYING THE
9 ELECTIVE BENEFITS AVAILABLE TO MEMBERS OF THE
10 GENERAL EMPLOYEES PENSION PLAN; PROVIDING FOR
11 CODIFICATION; PROVIDING FOR CONFLICT;
12 PROVIDING FOR SEVERABILITY; AND PROVIDING AN
13 EFFECTIVE DATE.
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16 WHEREAS, certain elective benefits have been available to the participants of the
17 General Employees' Pension Plan (the "Plan") of the City of Boynton Beach since December
18 1998; and
19 WHEREAS, the Board of Trustees of the Plan (the "Board") recommends that such
20 elective benefits be codified so as to ensure all participants have adequate notice of such
21 elective benefits and the regulations applicable to their application; and
22 WHEREAS, the City Commission has reviewed the recommendations of the Board
23 and finds the amendments to the Plan proposed by the Board as provided herein to be in the
24 best interests of the Plan, its members and the City;
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true
28 and correct and are incorporated herein by this reference.
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 1 of8
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Section 2.
The City Commission of the City of Boynton Beach hereby creates
2
Chapter 18, Article II, Section 4, 918-128 of the Code of Ordinances of the City of Boynton
3
Beach, Florida, entitled "Elective Benefits" as follows:
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&18-128
Elective Benefits.
(a) Elective benefits are benefits offered to the members of this Plan
and are voluntary elections, the costs of which are borne entirely by the member
through payroll deductions during their employment with the City. Such
deductions are taxable dollars at the time the deduction is made. A member may
voluntarily elect to participate in those elective benefits available in order to
supplement and enhance their retirement benefits provided pursuant to this Plan.
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(b) Open Enrollment. A member may elect to enroll or cancel an
elective benefit only during the open enrollment period. The open enrollment
period shall occur in September of each year. Once an elective benefit is
cancelled, any contributions made will remain in the Plan until the member is no
longer actively employed. Upon such separation from service, contributions
shall be reimbursed to the member, except as otherwise provided in this section.
No interest earnings will be applicable to the premiums contributed. The
cancellation of such elective benefit is irrevocable and the member may not re-
enroll for such elective benefit in the future.
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(c) Costs. The costs for all elective benefits are borne by the member
through payroll deductions during employment with the City. The cost for each
benefit shall be actuarially determined on an annual basis based upon the
premiums to fund the various options selected. Any change in rates associated
with the elected benefit options selected is passed on to the participant.
(d) In the event of death before retirement of any participant, all
premiums paid shall be refunded to the beneficiary. If the employee was eligible
for normal retirement and the retirement annuity option had already been selected
by the employee, the deceased member's earned pension amount will be
actuarially reduced to a ioint and survivor form and two -thirds (2/3) of this
amount will be paid to the survivor for their lifetime. For the 25 Year Retirement
at Any Age benefit option, the retirement factor used shall be the factor which
provides the most benefit to the employee.
(e) Elective Benefits. There are four (4) elective benefits options
available. A member may select as many as they desire, but will be required to
pay for each option selected through a payroll deduction. A member may select
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 2 of8
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either the Health Insurance Subsidy or the Health Insurance Subsidy with 2% per
year COLA, but not both. Once either of the Health Insurance Subsidy benefit
options is selected, the member may not change to the other foml of Health
Insurance Subsidy benefit option. The elective benefit options available are as
follows:
(1)
Option IA - Health Insurance Subsidy.
(a) The Health Insurance Subsidy will provide a
monthly benefit up to $200 per month upon normal retirement. In
the event of death prior to retirement, where the member is
eligible for normal retirement and the retirement annuity option
has been elected by the employee, the $200 per month will be
actuarially reduced to a joint and survivor form of benefit and
two-thirds (2/3) of this amount will be paid to the survivor for
their lifetime.
(b) The amount to be received for the Health Insurance
Subsidy at retirement is based on years of contributions by the
employee. The full benefit of $200 per month is based upon
twenty-five (25) years of employees contributions. A prorated
benefit will be provided for years of contributions less than
twenty-five (25) years.
Illustration for prorated Health Insurance Subsidy:
Member Age @ Hire 30
Member Age @ Retirement 55
Years of Premium Payment 5 (5yrs/25yrs =20%)
Monthly Benefit $40.00 ($200 subsidy x 20%)
Based upon this illustration, the employee contributed for five (5)
years which represents 5/25, or twenty percent (20%) of the full
benefit calculated period. Therefore, the Health Insurance
Subsidy at normal retirement would be 20% of$200, or $40.
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
S:\CA \Ordinances\Pension\General Employees Pension - elective benefits.doc
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(2)
Option IB - Health Insurance Subsidy with 2% per
year COLA
(a) The health Insurance Subsidy with 2% Cost of
Living Adjustment ("COLA") will provide an initial monthly
benefit up to $200 per month at normal retirement in 1999. In the
event of death prior to retirement, where the member is eligible
for normal retirement, and the retirement annuity option has been
selected, the $200 per month will be actuarially reduced to a ioint
an survivor form of benefit and two-thirds (2/3) of this amount
will be paid to the survivor for their lifetime. The $200 per month
will be indexed by two percent (2%) per year, compounded for all
affected members.
(b) The amount to be received for the Health Insurance
Subsidy with 2% COLA at retirement is based upon years of
contributions by the employee. The full benefit of the indexed
insurance subsidy per month is based upon twenty-five (25) years
of employee contributions. A prorated benefit will be provided
for years of employee contributions less than twenty-five (25)
years.
Illustration for prorated Health Insurance Subsidy with 2%
COLA:
Member Age em Hire
30
Member Age em Retirement
55
Years of Premium Payment
8 (8vrs/25vrs =32%) .
1 st Year Monthly Benefit
32%)
$64.00 ($200 subsidy x
2nd Year Monthly Benefit
32%)
$65.28 ($204 subsidy x
(3) Option 2 - Cost-of-Livin!! Adjustment ("COLA"). The
Cost of Living Adiustment ("COLA") provides a five percent (5%)
deferred COLA commencing five (5) years after retirement and
compounded with additional five percent (5%) increases every three (3)
years thereafter. Spouse benefits, if elected, would also be eligible for the
COLA, but the actuarial equivalent factors at retirement for conversion to
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
S:\CA \Ordinances\Pension\General Employees Pension. elective benefits.doc
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the joint and two-third survivor benefit would need to be updated. A
prorated benefit will be provided for years of employee contributions less
than twenty-five (25) years.
4
Illustration of the Cost-of-Livin2 Adjustment (COLA):
5
Member Age @ Hire
50
6
Member Age @ Retirement
62
7
Years of Premium Payment
12 (12vrs/25yrs = 48%)
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COLA Benefit
2.4% (5% COLA x 48%)
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An employee that made full contributions for this elective benefit
option would receive a 5% COLA. Since the illustrated employee
contributed 12 years toward the COLA it has been prorated to
2.40% which represents 48% of the fully contributed percentage.
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(4) Option 3 - Pre-Retirement Monthly Survivor Benefit.
The Pre-Retirement Monthly Survivor Benefit will provide a
beneficiary having an insurable interest in the employee's life
with the greater of fifty percent (50%) of the accrued benefit or
twenty (20%) of the final year's annual rate of pay. This benefit
is effectively a one-year renewable term insurance benefit. The
benefit is not prorated, but is only in effect while premiums are
being paid. The value of the member's contributions is used to
provide this coverage and is therefore non-refundable upon the
members separation from service.
23
Illustration of the Pre-Retirement Survivor Benefit:
24
Member Age @ Hire
25
25
Member Age @ Retirement
47
26
Years of Premium Payment
6
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Average Pay While
Contributing
$24,000
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Percentage Cost per year
.92%
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Aggregate Premium
$1,325
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 5 of8
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50% of Annual Accrued Benefit
$6,831 ($13,662 x 50%)
2
20% of Final Year Annual Rate of Pay
$5,280 ($26,400 x 20%)
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Monthly Survivor Benefit
$569 ($6,83]/12mos.)
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5 25 Year Service Re uirement an a e. The 25 Year
Service Requirement ( any age) would allow the employee to retire with
twenty-five (25) years of service, regardless of age. This option will
provide an increase in the early retirement factors based u~on years
contributed. The cost will be actuarially adjusted on an annual basis. A
prorated benefit will be provided for years of employee contributions less
than twenty-five (25) years. The factors used for retirement based upon
years of service are as follows:
12
13
14
15
16
17
18
25 years
26 years
27 years
28 years
29 years
30 years
72.51 % of calculated benefit
76.91 % of calculated benefit
81.81 % of calculated benefit
87.36% of calculated benefit
93.41 % of calculated benefit
100.00% of calculated benefit
19
Illustration ofthe 25 Year Service Requirement (any Al!e):
20
Member Age @ Hire
20
21
Member Age em Retirement
45 (25 yrs of service)
22
Years of Premium Payment
5 (5vrs/25vrs = 20%)
23
24
Average Pay While
Contributing
$29,700
25
Percentage Cost per year
1.89%
26
Aggregate Premium
$2,807
27
ER Factor
72.51%
28
29
Adiusted ER Factor 78.01 % (27.49 diff\a120%)
Ad'usted Factor of72.5]% + Differentia] of 100.00-72.51 x 20%
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
JFK:
S:\CA \OrdinanceslPension\General Employees Pension _ elective benefits.doc
Page 6 of8
Section 3.
It is the intention of the City Commission of the City of Boynton
2 Beach that the provisions of this Ordinance shall become and be made a part of the Code 0 f
3 Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may be
4 renumbered, re-Iettered and the word "Ordinance" may be changed to "Section", "Article" or
5 such other word or phrase in order to accomplish such intention.
6
Section 4.
All Ordinances or parts of Ordinances, Resolutions or parts of
7 Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
8 conflict.
9
Section 5.
If any clause, section, or other part or application of this Ordinance
1 0 shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
11 unconstitutional or invalid part or application shall be considered as eliminated and so not
12 effecting the validity of the remaining portions or applications remaining in full force and
13 effect.
14
Section 6.
This Ordinance shall become effective immediately upon its passage
15 and adoption.
16
FIRST READING this ~._ day of
,2006.
17
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
Page 7 of8
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S:\CA \Ordinances\Pension\General Employees Pension - elective benefits.doc
1 SECOND, FINAL READING and PASSAGE this day of
2 ,2006.
3
4 CITY OF BOYNTON BEACH, FLORIDA
5
6
7 Mayor
8
9
10 Vice Mayor
II
12
13 ATTEST: Commissioner
14
15
16 Commissioner
17
18 CITY CLERK
19 Commissioner
20 (CORPORATE SEAL)
CODING:
Words in strike through type are deletion from existing law;
Words in underscored type are additions.
JFK:
S:\CA \Ordinances\Pension\General Employees Pension - elective benefits.doc
Page 8 0[8
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 8.4
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) 0 February 21, 2006
0 January 3, 2006 December 19,2005 (Noon) 0 March 7, 2006
0 January] 7, 2006 January 3, 2006 (Noon) [gJ March 21,2006
Date Final Form Must beTtimed~,': _<
in to City Clerk's offit6 .
.J
January 17,2006 (Noon) ,_
c.,)
February 6, 2006 (Noon) ~;'~
February 21,2006 (Noon) .:.:.
March 6, 2006 (Noon)
c::...
..- -:.....
'.-)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing [gJ Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to amend Ordinance 04-050, pertaining to Section 18-81 oftbe City Code of
Ordinance, General Employee's Pension Plan, to re-open the open enrollment period during which current members
of the General Employee's Pension Plan may exercise a one-time opportunity to purchase service credits for prior
military service.
EXPLANATION: The General Employee's Pension Board of Trustees has determined the necessity to provide for a
one-time opportunity for current members of the General Employee's Pension Plan to purchase prior military service
as creditable service towards a member's calculation of pension benefits. The original open enrollment opportunity to
make tbis purchase was insufficient; thereby the Board recommended that the open enrollment period be re-opened
for one final opportunity to exercise this option. The re-opened open enrollment period for exercising this option shall
commence thirty (30) business days following the adoption of this ordinance to provide sufficient notice to plan
members. The open enrollment period shall remain open for sixty (60) days. Section 18-81 of the plan shall regulate
any future purchases of military service.
PROGRAM IMPACT: This is going to ensure that all members have the opportunity to purchase prior military
service as creditable service towards a member's calculation of pension benefits.
FISCAL IMPACT: Initial fiscal impact will be borne by the member. The member's retirement benefits will be
increased should they exercise this option.
AL TERN A TIVES: Not to re-open the enrollment period to purchase service credits for prior military service.
~"1t ~1' Ct7J'tIfrN.
Department Head's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 006-
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING ORDINANCE NO. 04-050 TO RE-
OPEN THE OPEN ENROLLMENT PERIOD DURING
WHICH CURRENT MEMBERS OF THE GENERAL
EMPLOYEES' PENSION PLAN MAY EXERCISE A ONE-
TIME OPPORTUNITY TO PURCHASE SERVICE
CREDITS FOR PRIOR MILITARY SERVICE AS
CREDITABLE SERVICE TOWARDS A MEMBER'S
PENSION; DIRECTING THE PLAN ADMINISTRATOR
FOR THE GENERAL EMPLOYEES PENSION PLAN TO
NOTIFY PARTICIPANTS OF THE PLAN OF THIS RE-
OPENING OF THE OPEN ENROLLMENT PERIOD;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the General Employees' Pension Board of Trustees ("Board") had
determined the necessity to provide for a one-time opportunity for current members of the
General Employees' Pension Plan ("Plan") to include prior military service, as defined in
S 18-81 of the Plan, as creditable service towards a member's calculation of pension benefits
under the Plan by purchasing service credits for prior military service; and
WHEREAS, pursuant to the Board's recommendation, the City Commission
adopted Ordinance No. 04-050 approving this modification to the Plan; and
WHEREAS, the open enrollment period provided in Ordinance 04-050 for a
participant to exercise their option to make this purchase was insufficient, the Board
recommended that the open enrollment period be reopened for one last opportunity to the
Plan members to exercise this option; and
Page 1 of 4
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S:\CA \Ordinances\Pension\General Employees Pension - revision to military buy back option.doc
WHEREAS, it is the desire of the City Commission to modify the Plan as
recommended by the Board to modify the open enrollment period as provided in Ordinance
No. 04-050;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are hereby certified as being true
and correct and are incorporated herein by this reference. All exhibits attached hereto are
hereby incorporated herein.
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
amends Ordinance No. 04-050 to re-open the open enrollment period to provide a one-time
opportunity for current members of the General Employees' Pension Plan ("Plan") to
include prior military service, as defined in ~ 18-81 of the Plan, as creditable service towards
their calculation of pension benefits under the Plan by purchasing service credits for prior
military service. This option shall only be available to those persons who are members of
the Plan as of the effective date of this Ordinance.
Section 3.
The re-opened open enrollment period for exercising this option shall
commence thirty (30) business days following the adoption of this Ordinance to provide
sufficient notice to Plan members. The open enrollment period shall remain open for sixty
(60) days, during which time a Member choosing to exercise this option shall submit the
required forms to the Plan Administrator demonstrating their intent to exercise such option.
Any member failing to submit the required forms prior to such expiration date forfeits the
option to purchase prior military service as creditable service in the Plan. Any future
military service shall continue to be regulated by ~ 18-81 of the Plan.
Page 2 of 4
JFJ(,
~\r'A IOrdinances\Pension\General Employees Pension - revision to military buy back option.doc
Section 4.
The Plan Administrator of the General Employees Pension Plan is
hereby directed to notify the participants of the General Employees Pension Plan of the re-
opening of the open enrollment period as provided herein.
Section 5.
All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 6.
If any clause, section, or other part or application of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not
effecting the validity of the remaining portions or applications remaining in full force and
effect.
Section 7.
This Ordinance shall become effective immediately upon adoption.
FIRST READING this _ day of
,2006.
Page 3 of 4
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S:\CA \Ordinances\Pension\General E.mployees Pension - revision to military buy back option.doc
SECOND, FINAL READING and PASSAGE this
,2006.
day of
CITY OF BOYNTON BEACH,
FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
CITY CLERK
(CORPORA TE SEAL)
Page 4 of 4
JFK:
S:\CA\Ordinances\Pension\General Employees Pension - revision to military buy back option. doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
ITEM 8.5
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 0 ,---(
December 20, 2005 December 5, 2005 (Noon) February 21, 2006 February 6, 2006 (NoOJ1j?: "'- i~ _.~;
::,::.,' -) '-1 i
0 0 "
January 3, 2006 December 19,2005 (Noon) February 28, 2006 February 21, 2006 (Noon)
--,
0 January 17, 2006 January 3, 2006 (Noon) !ZJ March 2],2006 March 6, 2006 (Noon) :'~':":l
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
!ZJ Legal
o Unfinished Business
o Presentation
':-.1
C) ~:~
. '. I c=::
RECOMMENDA TION: Approval of Ordinance de-annexing property located at 2200 Lake Drive, which is not contiguous
to the boundary of the City of Boynton Beach.
EXPLANA TlON: The City received a request from the owners of property located at 2200 Lake Drive to have the City
authorize the de-annexation of a portion of their property de-annexed from the City of Boynton Beach. One parcel is located
in the City of Boynton Beach and the adjacent parcel is located in the City of Delray Beach. The property owners would like
to be able to locate their property in only one City. Consequently, the property owners have requested that the City
Commission approve a de-annexation ordinance. The property owner will then petition the City of Delray Beach for
annexation. The City has the authority to approve de-annexation pursuant to Florida Statutes Section 171.052.
PROGRAM IMPACT:
FISCAL IMPACT: All assessments or other debt owed to the City of Boynton Beach shall be paid by the property
owner within sixty (60) days of the adoption of the Ordinance.
ALTERNATIVES:
Not approve the de-annexation and the property will remain in Boynton Beach.
"
-~c
Department Head's Signature
City Manager's Signature
City Attorney
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
ORDINANCE NO. 06
2
3 AN ORDINANCE OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 DEANNEXING FROM THE CITY OF BOYNTON
6 BEACH, A PARCEL OF LAND LOCATED ON LAKE
7 DRIVE, AS MORE PARTICULARLY DESCRIBED
8 HEREIN, REDEFINING THE BOUNDARIES OF THE
9 CITY REMOVING SAID LAND; PROVIDING FOR
10 THE RlGHTS AND OBLIGATIONS OF SAID LAND;
11 PROVIDING A GENERAL REPEALER CLAUSE,
12 PROVIDING A SAVING CLAUSE, AND AN
13 EFFECTIVE DATE.
14 WHEREAS, Gary and Lily Batista are the fee simple owners of a parcel of land
15 located on Lake Drive; and
16
17 WHEREAS, the owners have requested to have the subject property deannexed from
18 the municipal limits of the City of Boynton Beach; and
19
20 WHEREAS, the City of Boynton Beach has heretofore been authorized to deannex
21 lands in accordance with Section I 71.052 of the Florida Statutes; and
22
23 WHEREAS, the area to be deannexed is not contiguous to the boundary of the City of
24 Boynton; and
25
26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to
27 be in the best interests of the City to deannex the area from the City.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
31
32 Section I. The recitations set forth above are incorporated herein.
33
34 Section 2. The City Commission of the City of Boynton Beach, Palm Beach County,
35 Florida, hereby deannexes the following described land located in Palm Beach County,
36 Florida to-wit:
37
38 See Exhibit "A"
39
40 Section 3. The property described in Exhibit "A" is not contiguous to the municipal
41 limits of the City of Boynton Beach and does not meet the requirements set forth in Florida
42 Statute Section 171.043.
43
44 Section 4. That the boundaries of the City of Boynton Beach, Florida, are hereby
45 redefined to remove therein the above-described tract of land and said land is hereby declared
46 to no longer be within the corporate limits of the City of Boynton Beach, Florida.
1
2
3
4
5
6
7
8
9
]0
II
12
13
14
]5
]6
17
]8
]9
20
21
22
23
24
25
26
27
28
29
30
3]
32
33
34
35
36
37
38
39
40
4]
42
43
Section 5. AJl assessments or other debt owed to the City of Boynton Beach shall be
paid by the property owner within 60 days of the adoption of this ordinance.
Section 6. A public hearing shall be held regarding the deannexation of this property
on the _ day of , 2006.
Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 8. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 9. That this ordinance shaB become effective upon immediately upon
adoption on second and final reading.
FIRST READING this _ day of
, 2006.
SECOND, FINAL READING AND PASSAGE this _ day of
,2006.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
2
ORD NO.
I EXHIBIT ""A"
2
3 Beginning at the Northeast comer of LotA Plat of Lake shore Estates, as recaded in Plat
4 Book 25, Page 26, Public Records of PAlM BEACH Count,y, Florida; THENCE South a
5 cfstanced5.30
6 feet THENCE South lJ9055'15" W~ a distance 184A1 feet; THENCE South (XJ04'65" ~
7 a distance of 17.64 feet; THENCE South 89055'15" W~ a distance of 14.54 feet; THENCE
8 South 00 06'10 West a distance of 25.07 feet; THENCE South 895515 West a
9 distance of 21.11 feet; THENCE North a distance of 48.21 feet to the pointofcurvatlle of
loa curve concave to the southeast with a radius of 150.00 feet a central angle 5 40 06 an
II arc distance of 14.84 feet; THENCE North 25055 55" W~ a distance of 294 feet;
12 THENCE North CXf 51'14" West a distance of 22 05 feet; THENCE North 07 32 39 East, a
13 distance of 1274 feet; THENCE North 1(;>1144" East, a distance of24.61; THENCE
14 North 12011' 07" East, a distance of 17.11 feet; THENCE North 44045' 40" East, a
15 distance of 55.28 feet; THENCE North 56"18' 01" East, a distance of 2200 feet; THENCE
16 North 71041' 50" East, a distance of21.18 feet; THENCE North 83 08 53 East, a distance of
17 125.82 feet; THENCE South 74048' 01" East, a distance of 1.16 feet; THENCE North goooo'
18 00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the point of
19 beginning.
20
3
ORD NO.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR.lLOo.
XIII-UNFINISHED BUSINESS
ITEM A.
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 21, 2006 February 6, 2006 (Noon)
0 January 3,2006 December 19, 2005 (Noon) 0 March 7, 2006 February 21, 2006 (Noon)
0 January 17,2006 January 3, 2006 (Noon) [g] 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 [g] Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Continued discussion of adaptive re-use of Golf Course and landfill parcels
EXPLANA TION: As a follow-up to the discussion at the pre-agenda meeting of February 3, 2006 (see attached excerpts)
several things have happened with this project. First, City staff met with County staff to discuss possible attainable housing
options for the parcels. At that time, we advised the County staff of the City Commission's discussion on February 3rd. The
County staff noted that they would not be pursuing action on these parcels until or unless the City said to proceed. Second,
the City's consultant is filing the application for funding of an adaptive re-use study of the landfill with Treasure Coast
Regional Planning Council. The basic options in the study will be: passive recreationlgolfcourse, housing or status quo.
Staff wishes to verifY at the City Commission meeting the status of our work on this project as there remains strong interest in
moving ahead with some type of adaptive reuse of the properties.
PROGRAM IMPACT: None.
FISCAL IMPACT: None
AL TERNA TIVES, m,oclion i, ,eque'ted to coo,dinote ,taff ""d c~
Department Head's Signature City Manager's Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Meeting Minutes
Agenda Preview
Boynton Beach, Florida
February 3, 2006
at least through the end of this year. There was additional discussion pertaining to
opinions and problems with Charter Schools. Mayor Taylor indicated he would not
support a resolution.
~
Commissioner Ensler discussed the golf course and the landfill. His specific concern
was the time staff may be spending on the issues and indicated what happens to the
properties is up to the County. He reported the City has a piece of land that is
landlocked there. One thought he had was to let the County determine what will be
there at the golf course. Commissioner Ensler indicated the County is looking at
affordable housing and it is their property. He expressed they are in a better position to
make a decision about it. His second issue pertained to the old landfill, which is
adjacent to the golf course, separated by a canal. It didn't make any sense to him for
that to be City property. He thought perhaps they could swap land for recreational,
building or affordable housing purposes and suggested giving direction to staff on what
the City expects relative to the golf course and landfill.
Commissioner McCray indicated the golf course is a profit making entity. He suggested
the City wait until the study on the landfill has been completed.
Commissioner Ensler suggested another nine holes could be added. He clarified that
might be a better use of the land as opposed to housing.
Assistant City Manager, Wilfred Hawkins responded to Commissioner Ensler. He
explained staff is not spending any time on the matter. They are listening and there are
many different ways the scenario could play out. He elaborated national redevelopment
of brown fields has been utilized in different ways. He noted homes, golf courses and
retail have all been built on landfills. Right now staff is remaining neutral and they are
waiting to see how things develop Brown field use can be complicated. He went to
Denver and there was a development where the military had previously dumped waste.
As a result, there is a seven-acre fenced off area in the middle of the neighborhood. Mr.
Hawkins explained the law is very specific about who can conduct the studies.
III.
ANNOUNCEMENTS,
PRESENTATIONS:
COMMUNITY
&
SPECIAL
EVENTS,
&
Mayor Taylor announced the Boynton Veterans Council is holding the Four Chaplains
Day this Sunday at 3 PM at Temple Beth Kodesh. This item was not on the agenda but
was addressed at a previous meeting.
B. Community and Special Events:
1. Heritage Festival - February, 2006 -- Month-long celebration of
Black History Month that informs the public of the ties that bind the
5