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Agenda 07-17-07 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA JULY 17, 2007 Jerry Taylor Mayor - At Large o v DISTRI T I Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Mack McCray Commissioner - District II Carl McKoy Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the 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 - Time Limit - Three (3) Minutes . 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, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . 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 who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled 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). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA July 17, 2007 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations a. Honoring Officer Charles Turco - Boynton Beach Police Department 2. Florida House of Representative Maria Sachs to address the Boynton Beach City Commission concerning the new Property Tax reform. Agenda Regular City Commission Boynton Beach, FL July 17, 2007 3. Presentation of $10,092 to Laura Lassman, President of Play for P.I.N.K. from The Links' Annual Play for P.I.N.K. charity golf tournament benefiting The Breast Cancer Research Foundation. 4. Presentation by the Veterans Advisory Commission regarding a veterans memorial. 5. The Friends of the Boynton Beach City Library will officially donate $100,000 to the Boynton Beach City Library for the purchase of library furnishings for the new library. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Appoint an advisory committee of five (5) persons to review the proposed naming of Southeast Neighborhood Park in honor of Betty Thomas. B. Appointments Appointment Length of Term To Be Made Board EXDiration Date IV McKoy Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 III Rodriguez Cemetery Board Alt 9 mo term to 12/07 Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 I Weiland Code Compliance Board Alt 9 mo term to 12/07 Mayor Taylor Community Relations Board Alt 9 mo term to 12/07 Tabled (2) IV McKoy Community Relations Board Alt 9 mo term to 12/07 Tabled (3) I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 II McCray Education & Youth Advisory Board Alt 9 mo term to 12/07 III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 II McCray Recreation & Parks Board Alt 9 mo term to 12/07 Mayor Taylor Veterans Advisory Commission Alt 9 mo term to 12/07 I Weiland Veterans Advisory Commission Reg 33 mo term to 12/09 II McCray Veterans Advisory Commission Alt 9 mo term to 12/07 2 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 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 - June 29, 2007 2. Regular City Commission - July 3, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve the purchase of furniture for the Intracoastal Clubhouse from Krueger International, of Green Bay, WI utilizing State Contracts #425-001- 06-1 and #420-420-07-1 in the amount of $81,206. The prices received were best prices from State Contracts with the deepest discounts for municipalities and of the best quality. 2. Award Bid #058-2710-07jOD, "HOLIDAY LIGHTS AND DECORATIONS PROJECT" to Holiday Illuminations of Palm Beach Gardens, FL, in the amount of $72,030 sharing this cost with the CRA. The CRA's portion of the expenditure will be $16,980. 3. Multi-award Bid #051-1412-07/0D "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBRODIERY jSILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $65,000. C. Resolutions 1. Proposed Resolution No. R07-075 RE: Approving and authorizing the renewal of employee benefits and premiums for FY 2007/2008, Lincoln/Jefferson-Pilot life and disability plans, CompBenefits Corporation vision care plan, MetLife dental plan and the Blue Cross/Blue Shield of Florida (BCBS FL) current three (3) medical plans with the addition of a fourth cost effective medical plan, Blue Options PPO Plan 1362 for employees with dependent coverage. 2. Proposed Resolution No. R07-076 RE: Approving and authorizing execution of 2-year agreement with Sound Investments by J.W. Inc. d/b/a PRODVD Makers to provide virtual tours of city facilities, at a rate of $120 per site (51 sites) totaling $6,120 plus $1,313.25 annual maintenance fee due at the beginning of year two. 3 Agenda Regular City Commission Boynton Beachl FL July 17, 2007 3. Proposed Resolution No. R07-077 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Rambler Financial Group Inc. for the property at 1069 Highland Rd., Lantana, FL (Ridge Grove Lt 64). 4. Proposed Resolution No. R07-078 RE: Approving and authorizing execution of a contract with Thomas W. Ruff South Florida for the purchase of office furnishings, quote #102931 for the Boynton Beach City Library in the amount of $85,364.73 5. Proposed Resolution No. R07-079 RE: Amending Rule #17 and Rule #3-M of the Cemetery Rules & Regulations. 6. Proposed Resolution No. R07-080 RE: Approving the adoption of a policy regarding the use of fee-in-lieu Constrained Roadway at Lower Level of Service (CRALLS) facilities funding. D. Authorize the use of $400 for the Heart of Boynton Neighborhood Association Intergenerational Gathering from Commissioner McCray's Community Investment Funds. E. Authorize the use of $1,800 to The Children's Fund/Hispanic Human Resources Council from Vice Mayor Rodriguez's Community Investment Fund. VII. CODE COMPLIANCE & 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: B. Project: Agent: Owner: HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to July 17, 2007)(Applicant requests postponement to August 21, 2007 due to medical condition) LAKE WORTH CHRISTIAN SCHOOL (HTEX 07-004) Arianne Neilsen, Land Design South Lake Worth Christian School Societyl Inc. 4 Agenda Regular City Commission Boynton Beach, FL Location: July 17, 2007 Description: c. Project: Agent: Owner: Location: 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet - 10 inches, an exception of one foot - ten inches (1'-10") above the 30 foot height limit in the R1-AA zoning district. LAKE WORTH CHRISTIAN SCHOOL (COUS/MSPM 07-003) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Description: Request for conditional use/major site plan modification approval to add a two-story, 19,555 square foot Early Childhood Development Center, a 15,000 square foot General Use Building and a 6,000 square foot Athletic/Locker Room Building on a 16.23 acre site of the existing high school campus. D. Project: Agent: Description: LAND DEVELOPMENT REGULATIONS (LOR) Rewrite - Group 2 (CDRV 07-004) City-initiate Group 2 deliverable (in its entirety), pursuant to the LDR Rewrite Work Schedule, Including: Article 1. Overview; Article 2. General Provisions; Article 3. Zoning Districts & Overlay Zones; and Article 4. Use Regulations. These proposed sections will ultimately replace and enhance portions of the current LDR Part, III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. E. Approve recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 2007/2008, as part of the Five Year Consolidated Plan. The anticipated 2007/2008 Community Development Block Grant allocation is $543,483. IX. CITY MANAGER'S REPORT: A. Discussion on utility rate structures B. Discussion of potential temporary conversion of the Pence Park softball field or Little League Park in the area between Woolbright Road and the outfield of Field #2 into a paintball field. X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School -- August 21, 2007 5 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-015 RE: Authorizing abandonment of a 50 feet wide by 300 feet long utility easement, located on the northwest corner of Federal Highway and Woolbright Road, south of the Southeast 12th Avenue, subject to staff comments. (Las Ventanas ABAN 07-001) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-017 RE: Amending the City of Boynton Beach Code of Ordinances, Chapter 16, "Parks and Recreation", Article II, "City Parks and Beaches". 2. Proposed Ordinance No. 07-018 RE: Amending Chapter 26, Water, Sewers and City Utilities, amending Section 26-42 deleting paragraph (8) relating to the surcharge for potable water during the declaration of a water shortage or water shortage emergency. D. Resolutions: 1. Proposed Resolution No. R07-081 RE: Designating either Mayor Taylor or Commissioner McKoy as voting delegate to the Florida League of Cities 81st Annual Conference in Orlando, FL. 2. Proposed Resolution No. R07-082 RE: Approving a Preliminary Rate Resolution for the Fire Assessment. 3. Proposed Resolution No. R07-083 RE: Adopting a proposed municipal millage rate of 6.4553 for General Operating Budget purposes for Fiscal Year 2007-08. stating a rolled-back rate of 6.9412 and setting forth the date, time and place of the first public hearing. E. Other: None 6 Agenda Regular City Commission Boynton Beach, FL July 17, 2007 XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE 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. Agenda 7/17/07 7/16/2007 10:30 a.m. S: \CC\ WP\CCAGENDA \AGENDAS\year 2007\071707.doc 7 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.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 April 17,2007 April 2, 2007 (Noon.) 0 0 May 1,2007 April 16, 2007 (Noon) 0 0 May 15,2007 April 30, 2007 (Noon) [gJ 0 June 5, 2007 May 14,2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 3, 2007 June 18,2007 (Noon) July 17,2007 July 2, 2007 (Noon) "~I August 7, 2007 July 16,2007 (Noon): r~.~) NATURE OF AGENDA ITEM [gJ Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report- o New Business o Legal o Unfinished Business o RECOMMENDATION: Turco. That the Commission issue a proclamation honoring Officer Charles EXPLANATION: Officer Turco was selected as the Boynton Beach P.D. Officer of the Year (see attached nomination) and his nomination was submitted to the Palm Beach County Police Chief s Association, the State of Florida Fraternal Order of Police and the Florida Police Chiefs Association for consideration as their officer of the year. Officer Turco was selected by each of these organizations to receive their Officer of the Y ear Award which marks the first time that a police officer from Palm Beach County received all three officer of the year awards in the same year. Officer Turco has brought great credit to the City of Boynton Beach and is deserving of recognition by the commission. PROGRAM IMPACT: Positive morale for the department. FISCAL IMPACT: None. ,V~ ment Head's Signature City Manager's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC PROCLAMA TION Each and every day, the threat of personal injury is real for public safety officers who are sworn to provide emergency assistance for life threatening situations. The responding officers have fe\\ or no details of the circumstances they are soon to encounter. Public expectations are great. Officers are expected to bring order where there is chaos, securit) where there is danger. and advice where there is inquiry. All must be delivered in strict compliance with Statute. It is nearly impossible to satisfy all these demands and remain the recognized friend. Officer Charles Turco exceeds these demands on daily basis. When an 86-year-old woman was overcome by smoke in her flame-filled apartment, Officer Charles Turco rescued the handicapped woman, carrying her down a flight of stairs to safety. When sheriffs deputies chased a murder suspect from West Palm Beach to Boynton Beach, Officer Charles Turco joined the pursuit and arrested the man. And when a man armed with a handgun was about to shoot at officers on Interstate 95, Officer Charles Turco shot him, saving his fellow officers' lives. II Officer Charles Turco sets the standard by which many of his fellow officers seek to emulate. It is the courageous and honorable manner in which he does his job that sets him apart frolll others in the law enforcement profession. Officer Charles Turco has been recognized by the Boynton Beach Police Department, Florida Police Chiefs Association, Palm Beach County Association of Police Chiefs and the Florida State Fraternal Order of Police as Officer of the Yeilr for 2006 Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim Officer Charles Turco Police Officer of the Year for the City of Boynton Beach and urge all citizens to reflect on the positive ways in which law enforcement officers make a difference in their lives and appropriately acknowledge that officers like Charles Turco contribute to the security and freedom that we enjoy in America. 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 on this 17th day of July. Two Thousand and Seven, Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) The City of Boynton Beach Police Department "A CFA Accredited Law Enforcement Agency" 100 E. Boynton Beach Boulevard P.o. Boit.31O Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Immler, Chief of Police December 28, 2006 Glenn F. Goss Chief ofPQli~._ Highland Beach Police Department 3614 S. Ocean Blvd. Highland Beach, FL 33487 Dear Chief Goss, It is with pleasure and a distinct honor that I nominate Officer Charles Turco as the Officer of the Year for the Boynton Beach Police Department. Officer Turco is a five year officer of the Boynton Beach Police Department and is currently assigned to the Uniform Services Division as a Dm Task Force Officer. Rescue of Handicapped Person from a Structure Fire February 6th 2006 Officers were dispatched to a residential fire at 631 East Woolbright Road #402 (Gulfstream Apartments). Officer Turco was the first Officer to arrive. Officer Turco reported smoke and fire visible from the 4th floor apartment. Officer Turco without hesitation and at grave personal risk to his own life entered the smoke and flame filled building. Officer Turco found the elderly resident Sophie Slutski 86 yoa had been overcome by the smoke and flames in her apartment. Slutski was prone on the living room floor not moving. Officer Turco was able to rescue the handicapped elderly female from the apartment and carry her to the landing of the stairs. This effort was complicated by the thick black smoke that had engulfed the entire 4th Floor reducing visibility and breathable air. The victim was turned over to Boynton Beach Paramedics who provided advanced medical care. Officer Turco then directed the responding Firefighters to the correct building and apartment. Officer Turco's courageous, selfless actions in the face of grave personal risk resulted in the preservation of Slutski' slife. America's Gateway to the Gulfstream Sexual Offense Arrest Februarv 11 th 2006 Officer Turco was conducting a proactive patrol in the area of 1 st Street and 1 st Avenue when he observed a subject who was exposing his sex organs. Officer Turco took immediate action and was able tQ. apprehend the subject before he could harm any children. The above location is directly adjacent to "Kids Kingdom" which is a City Playground which at the time of day is usually full of children and parents. Due to Officer Turco's quick action he prevented any of the children on the playground from being victimized. Armed Robberv to a Business Februarv 25th 2006 Officer Turco responded to the area of Boynton Lakes in reference to an Armed Robbery that had occurred at 99 cent Store. An Officer in an unmarked vehicle had located a suspect vehicle. Officer Turco arrived and assisted in this case by locating two loaded firearms in the vehicle during the traffic stop. Due to Officer Turco's diligence and tactical poise two violent felons were apprehended, identified and their firearms seized. Armed Robb'~rv to a Business Mav 20th 2006 Officer Turco responded to the area of 500 West Boynton Beach Blvd where suspects in an Armed Robbery to Panera Bread Company were being pursued. The suspect vehicle crashed. Officer Turco was able to apprehend one of the two suspects and assist a second Officer in the apprehension of the second suspect. Officer Turco also handled the crash investigation. Officer Turco's efforts resulted in the apprehension of two violent felons who had committed a Armed Robbery. Assault on Police Officer. Resistinl! Arrest June 2nd 2006 Officer Turco responded to 1919 North Seacrest Blvd "Ezell Hester Community Center" where a large fight had been reported. Upon his arrival Officer Turco observed an Officer about to be violently attacked by one of subjects involved in the fight. Officer Turco immediately took action and brought the subject under control just as he was about to deliver an elbow strike to the Officers head. Officer Turco's action not only resulted in the apprehension of the suspect and the avoidance of injury to another, his action took away the will of the crowd to continue its affray. Attempted Murder of a Police Officer with a Firearm AUl!ust 15th 2006 Officer Turco was responding to the report of a Homicide when other Officers reported a vehicle crash with serious injuries (torn aorta) where one of the drivers had fled the scene north on 195. It was initially suspected that the fleeing suspect was connected to the Homicide that had just occurred. The suspect abandoned his crippled vehicle and began to run on 195 during rush hour. Officers pursued the suspect who then jumped the median and ran into south bound traffic attempting to carjack a south-bound motorist. Officer Turco was able to engage the suspect who had became armed with a handgun during the struggle with Officers. The armed suspect was now attempting to shoot the Officers on scene and by doing so placed all of the motorists on 195 in grave danger. The entire southbound lanes had come to a stop behind the Officers who were in a fight for their lives and the lives of the exposed motorists. The suspect who was about to fire was then engaged in a gurI fight by Officer Turco. Despite extraordinary medical efforts the suspect did not survive. It was later determined that the suspect was not involved in the referenced homicide but, was liste€l as wanted, armed and dangerous. The suspect had been recently released from prison. The bolo further stated that the suspect stated he would not go back to prison. Officer Turco's valiant efforts at grave personal risk saved his fellow Officers' lives and countless motorists. Armed CariackiB!! Apprehension November 19.2006 Officers Turco and Arco attempted to stop a vehicle that was the subject of an Armed Carjacking out of the City of Lake Worth. The vehicle failed to yield. A vehicular pursuit was initiated. The pursuit progressed north on 195 traffic conditions and the unacceptable danger to the public required that Officers Turco and Arco discontinue the pursuit at Forest Hill Blvd. Officers Turco and Arco continued to monitor the vehicle until PBSO Eagle One was on station and acquired the vehicle. The Officers again engaged the carjacking vehicle in pursuit with the support ofPBSO and FHP. The driver and OCClJ.p~!lttof the vehicle attempted to bailout at the Belvedere Airport flyover exit. Officers Turcoand Arco quickly apprehended all suspects. Officer Turco and Arco's professional management of the dangerous pursuit of Armed Carjacking suspects ended with no injuries or property damage and all suspects arrested. Murder Suspect Apprehension December 14. 2006 Palm Beach County Sheriffs Deputies were engaged in a vehicle pursuit that originated in West Palm Beach. The subject of the pursuit was Alvin Ceasar who was wlli'1ted for MURDER with an active arrest warrant for that crime in addition to Aggravated Battery and Fleeing and Eluding. Ceasar refused to yield. Deputies requested emergency assistance as the pursuit entered the City of Boynton Beach. Officers Turco and Murphy were able to locate the pursuit and assist. Upon their arrival they were able to integrate themselves into the other agencies high risk arrest (at PBSO request). Officer Turco then physically apprehended Alvin Ceasar and turned him over to Detectives. The above illustrates the Officers high level of training in their ability to seamlessly integrate into another agencies high risk arrest. Due to their exemplary skills and tactical ability a subject wanted for MURDER was apprehended. Overall Officer Turco made 38 DUI arrests, 16 felony arrests, 27 misdemeanor arrests, issued 850 traffic citations, worked 61 vehicle crashes, conducted 1 DUI saturation patrol, 1 multi-agency DUI check point, served 2 arrest warrants and various Dill education seminars for community groups. Officer Turco has been Awarded the Distinction of being selected as "Officer of the Month" by his peers three times this year, Awarded Boynton Beach Police Department Combat Cross for Heroism and the Life Saving Medal. Officer Turco has been recognized by M.A.D.D. and the State Attorney for the 15th Judicial Circuit. Officer Turco is by far one of the most respected members of our agency, both by officers, supervisors and senior staff. Officer Turco sets the standard by which many of his peers seek to emulate. Officer Turco is consistently described as a true friend to many. It is the courageous and honorable manner in which he discharges his law enforcement duties that set him far above all of his peers in law enforcement. Officer Turco's exemplary qualities and 3.J;tributes make him without question an outstanding nomination for Officer of the Year. Sincerely, cJ!rr1 ..Jv---- G. Matth~mler Chief of Police .... ..;-cJ~ Page 2 of3 chiefsmithlcs@bellsouth.net; cwilliams@rivierabch.com; cwalker@manalapan.org; hartma nn@ci.delray- beach. fl. us; dale.armstrong@atf.gov; dcalexander@ci.boca-ratonJI.us; sm ithd@pbso.org; ddjones@rivierabch.com; david_h_noznesky@fpl.com; kalinich@fau.edu; simpson@palmbeach.k12Jl.us; captdebl@bellsouth.net; dbush@wpb.org; dcunning@co.palm- beachJl.us; ReeceD@pbso.org; emorley@cLboca-ratonJI.us; brewer@palmbeach.k12Jl.us; ocea nridgepd@adelphia.net; gward@gulf-stream.org; GSallen bach@TownofPalmBeach.com; gwarren@village-npb.org; ggoss@ci.highland-beach.fl.us; hclark@juno-beach.fl.us; cummings@palmbeach.k12.fl.us; blackfordj@pbso.org; chiefjfitz@aol.com; jkn ight@village-npb.org; James P Kelly, JD (kelly@palmbeach.k12Jl.us); jpickens@villageofpalmsprings.org; jtyson@lantana.org; jeff.korte@fldfs.com; Jim Acree; jsullivan@ci.boca-ratonJl.us; jicpd@bellsouth.net; joseph .catanzarite@dhs.gov; sch roeder@ci.delray-beach.fl.us; KathyMclaugh Iin@fdle.state.fl.us; wagnerk@pbso.org; ken_maida@fpl.com; mitchel@palmbeach.k12Jl.us; davism@cLdelray-beachJl.us; MASH33026@aol.com; Immler, Matt; Michael Driscoll (michaeldriscoll@fdle.stateJl.us); drmflyn@aol.com; MMason@TownofPalmBeach.com; morrism@pbso.org; Michael Reiter (mreiter@ palmbeachpolice.com); mmiuccio@ci.boca-raton.fl.us; guzman. miguel@fhp.hsmv.state.fl.us; mrieger@ci.highland-beach.fl.us; ha ight@palmbeach.k12.fl.us; LynchP@pbso.org; hampshirep@lwpolice.org; kellypm@pbcc.edu; PHILLIPS@ci.delray-beach.fl.us; jenkinsr@pbso.org; rlincoln@lantana.org; rdan iels@juno-beach.fl.us; rgmangold@adelphia.net; Bob. Neumann@fldfs.com; rreh r@psd.co.palm-beachJI.us; rweber@ci.greenacres.fl.us; robinapd@bellsouth.net; chief. thomas@mangoniaparkpd.com; chiefspbpd@aol.com; rwille@pbspolice.org; rbruce@wpb.org; sfagan@ci.boca-raton.fl.us; bradshawr@pbso.org; sstepp@pbgfl.com; Stephen. Caruso@usss.dhs.gov; tbates@lantana.org; tceccarelli@ci.boca-raton.fl.us; wenglish@co.palm-beach.fl.us; smithw@lwpolice.org; WMCCOLLOM@tequesta.org; asch ubert@ci.boca-raton.fl.us; marvina@pbso.org; wagmom@aol.com; bkrische@sa15.stateJl.us; admin. keith@mangoniaparkpd.com; captainrmo@jupiter.fl.us; cchiarola nza@juno-beach.fl.us; chughes@sa15.stateJl.us; dlilley@fau.edu; perveneckid@pbso.org; Beaver, Debbie; elisam@jupiterJI.us; Briganti, Frank; frankk@jupiter.fl.us; gparkinson@palmbeachpolice.com; pioquint@fau.edu; jburke@ci.boca-ratonJl.us; Kelly Truaniczo (turaniczok@pbso.org); howellm@pbso.org; ntoscano@palmbeachpolice.com; taylorp@ci.delray-beach.fl.us; rtrent@lantana.org; bobbreeden@fdle.state. fl. us; pricer@palmbeach.k12.fl.us; bradfords@pbso.org; barness@pbso.org; sjall04@aol.com; voccolas@pbcc.edu; susannecrews@village-npb.org; ukim@co.palm-beachJl.us; UJones-Martin@wpb.org; Unger, Wendy Cc: aschubert@cLboca-ratonJl.us Subject: Message from Chief Glenn Goss Dear Members, The following message is being forwarded on behalf of Chief Glenn Goss, Highland Beach PD. Nominations are now being accepted for the 2006 PBCAOCOP Officer of the Year Award. Nominations can be submitted on agency letterhead by the respective chief or agency head. Historically, there has not been a guideline or category per se for consideration concerning this award. Therefore, feel free to submit the person you find most deserving of the recognition. Beginning this year, the active members of the Association voted to expand our annual award to include the category of support employee of the year. Once again, there exists no guideline or category per se for consideration concerning submissions for this award, except the submission must be a non-sworn, civilian employee. For those in attendance at last month's meeting, you may recall there was some discussion concerning how we should title this new category of award; e.g., support, civilian employee, et. To that end, I would appreciate any input or suggestions (via email) on this topic in an effort to select the most appropriate title for this category. 12/28/2006 Page 301'3 The deadline for submissions is Friday, December 22, 2006 and can be mailed to me directly. Thank you. Glenn F. Goss Chief of Police Highland Beach Police Department 3614 S. Ocean Blvd. Highland Beach, FL 33487 Office: 561-266-5800 Fax: 561-274-9457 (Donna :;11. Cannon /ld~minJ~(;tnJtil'c jJ)e(iah~r:;t J J :;',i!ln v3eacli Cfa/dens Ydia ,/)llo!w: 5"61-799-../4]0 1"d{:' 5" (I J -/~()9-4..!O/'; acannon@p6E1fLmm 12/28/2006 Beaver, Debbie Page I of3 From: Briganti, Frank Sent: Thursday, December 28,2006 11 :54 AM To: Beaver, Debbie Subject: RE: Message from Chief Glenn Goss Debbie, Have the chief sign it and I will have someone drive it over to Highlands Beach PD. Thank-you, Major Frank J. Briganti Uniform Services Division Commander Boynton Beach Police Department (561) 742-6109 From: Beaver, Debbie Sent: Thursday, December 28,2006 11:14 AM To: Briganti, Frank Subject: RE: Message from Chief Glenn Goss Deb Frank I didn't know if you needed it via e-mail or if I have to print it and have him sign it. Let me know. From: Briganti, Frank Sent: Thursday, December 28, 2006 11:05 AM To: Beaver, Debbie Subject: FW: Message from Chief Glenn Goss Debbie, Please transform this nomination for Ofc Turco onto Boynton Beach Police Department letter head as a letter to Chief Goss from Chief Immler. Chief Goss' info is at the end of this email. Please send me the finished letter and I will send it to Chief Goss. Thanks Major Frank J. Briganti Uniform Services Division Commander Boynton Beach Police Department (561) 742-6109 From: Donna Cannon [mailto:dcannon@pbgfl.com] Sent: Monday, December 04, 2006 2:03 PM To: muscoa@pbso.org; arundle@lantana.org; amead@co.palm-beach,fl.us; strianes@cLdelray- beach,fl.us; art.santucci@adelphia.net; bbrown@pbso.org; bill.ferrell@fau.edu; frumoff@pbso.org; captspb@aol.com; carol.owsiany@dbpr.state.f1.us; corlando@ci.greenacres.fl.us; 12/28/2006 ~c,\ 1':...~ It' " \ ,iJ) t ):r 0:' llJ ',_ .,.,.,/-:t' ~'" 11" _"..,.>- ~V' 1'ON '0 :II.-ANNOUNCEMENTS & PRESENTATIONS Item C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon,) 0 June 19, 2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) [gJ July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) [gJ Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business r'.:' AGENDA ITEM 0 Consent Agenda 0 Legal -....: ' 0 0 Unfinished Business '" Code Compliance & Legal Settlements 0 Public Hearing 0 RECOMMENDATION: Florida House of Representatives Maria Sachs to address the Boynton Beach City Commission concerning the new Property Tax reform. EXPLANATION: PROGRAM IMPACT: N/A FISCAL IMPACT: (Include Account Number where funds will come from) N/A ALTERNATIVES: N/A ~ City Manager's Signature Department Head's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC FLORIDA HOUSE OF REPRESENTATIVES REPRESENTATIVE MARIA LORTS SACHS District 86 203 NE Is1 Avenue Delray Beach, Florida 33444 (561) 266-6645 (888) 544-9121 Fax 1401 The Capitol 402 South Monroe Street Tallahassee, Florida 32399 (850) 488-1662 June 14.2007 ~~\--:~:=.~, --,- ~ II ~ ~ ~ ,I i. 1\ ~ I \ r~r;;;5U~ ]0 CITY MANAGER'S OFFICE Honorable Jerry Taylor 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Dear Mayor Taylor: As you know. my colleagues and I have been in Tallahassee voting on Property Tax reform. Since there has been much concern on the local level. I would like to address the Boynton Beach City Commission with regard to the new tax plan. Safety and Security Council Constitution and Civil Law rRanking Memher! Health Innovations L-Mail: maria.sachs({)myfloridahouse.gm 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 April 17, 2007 April 2. 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) 0 May 1,2007 April 16, 2007 (Noon) 0 July 3. 2007 June 18,2007 (Noon) 0 May 15, 2007 Apri130, 2007 (Noon) L8J July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM L8J AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o o o o o Legal Unfinished Business Ul City Manager's Report :::::' New Business RECOMMENDATION: EXPLANATION: Check presentation ($10,092) to Laura Lassman, President of Play for P.I.N.K. from The Links' Annual Play for P.I.N.K charity golf tournament benefiting The Breast Cancer Research Foundation. PROGRAM IMP ACT: FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: l----',l~ . ~ '-. .- f J L,b-- .Cb' ,~---- Departmen)Head's Signature iLc'M ' S' lty anager sIgnature :"~~ -~-! -.- -i. ~ ..... <...- ~ .....,.0+0' __>!io> ,') w en , ~-':.-1 --I-',-! ;:./;~ Assistant to City Manager Golf Course Department Name City Attorney / Finance S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC /t( III.-ANNOUNCEMENTS ,. PRESENTAnONS Item C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) ~ July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D City Manager's Report . D New Business D Legal D Unfinished Business '.-' D Public Hearing D ._.' '~J . ;~l RECOMMENDATION: To accept presentation regarding a veterans' memorial by the Bh:Ynton6 Beach Veterans' Advisory Commission. NATURE OF AGENDA ITEM ~ Announcements/Presentations D D D Administrative " 1\,-) Consent Agenda Code Compliance & Legal Settlements EXPLANATION: Boynton Beach Veterans' Advisory Commission wishes to make a presentation to the City Commission related to a veterans' memorial which the Advisory Commission wants to have placed at Bicentennial Park, or other mutually agreeable City location. PROGRAM IMPACT: Advisory Commission wishes to augment planned City-sponsored veterans' memorial with their own memorial, either as additional or instead of the Eternal Flame Memorial approved by City Commission on June 19,2007. FISCAL IMPACT: (Include Account Number where funds will come from) Veterans' organizations within the City are offering to provide a veterans' memorial at no initial cost to the City. Maintenance costs would be City responsibility. AL TERNA TIVES: To incorporate certain aspects of the Advisory Commission's proposed memorial into the City-sponsored memorial; or, to not accept the Veterans' organizations offer for an additional . al. ent Head's Signature ~ City Manager's Signature Assistant to City Manager -ML- RISK MANAGEMENT (Staff Liaison to Veterans Advisory Commission) Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC OFFICIAL PUBLICATION OF THE ELBERTON GRANITE ASSOCIATION, INC. ~~!l~i~~~' ~~:4~ t)bl:J~l:l"'OI:lO ~""'-~ In; "IUI"lU"'11:.t'l I r,...,...;u;.;. U,41 tJ...J &rving SQU/.h P~a F~II ~ J947 ~FlorJda UcritlmeDt ulders , .,EMBfR !l'ONUIoDt lu...~ l1li flit "'Aft/( 0' DItl;L1.EHCf Lake Worth Monument Co., Inc. Proposal The following quote is for a Veteran Monument cODstructed of Robin Blue Granite. Overall length of base is 27'4", overall height (excluding flag pole) is 12'2", and 4 Robin Blue Granite benches. This price includes fabrication, lettering and installation of the monument and benches. This quote does not include foundations, brick/paver work, electricatt flag pole or permits. Flag poles cost anywhere from $500 to $1600. I would recommend a 20' pole, satiu finish (to compliment the monument) with an internal halyard system estimated at $1300.00 or a. 25' ,Pole with the aforementioned recommendations for $1400.00. The pole will be mounted inside the central stone and therefore must be preordered and will be set at t.,e time oftbe monument installation. i bave 31so shown a site plan with a 30' concrete riD.g, 10" wide with pavers set up to the base. Sketches and drawings for the foundalion and monumetlt plus a basic site plan will be .furnished upon ordering. $32200.00 120-180 days '. \, ____.__._______,___,.__ i --"-1" I ...- I' -----.-. / / L-... " r-------~.. .I / L_ I I I I I I r1 i "- ! ! I \ II I , f I I .-1 I ...~._-~ ii' \ ,___..1 I' I, ._ 1\ I ---j ~ . I '. L-~ \ \ ro-.-" \ \ \ \ '-------- I "1 i i ! LJ I I i I :..,.-! I I 11 \ i i I I ! i , I /: . ~q.,J(l, .)t.. \/\ \ \ \ '. \ , :'~ I · J r--" !"-'-J I I ~--_. ' \ \ \ \ \ ~l-l \ i ' ! - t i" II , Ii ~ I , - : i td I I I i \ \ I i I, "__ ...J r I L ,__..__.,. I ~---""'_k_ ---.-.....- . ! , / ( I / I ! I / / / / "......... Ii / /~ ;;/,1/ " .A /// ' /; ,.... /' / / .< / / ..., /~~/ ,/ 'v'~ // /" / .// /// // ./ ----/ ,/ .-"~ /./' --------- ,,' .------ ------.-------------- i I j ! \ \ \ \ \. .~ ~' ~ (' ~ ) 111.- ANNOUNCEMENTS & PRESENTATIONS Item C.5 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 April 17,2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4,2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) IZI July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon)....: IZI AnnouncementslPresentations 0 City Manager's Report r<' ,~._J NATURE OF 0 Administrati ve 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal -~ . 0 0 Unfinished Business ..' Code Compliance & Legal Settlements ...;>. 0 Public Hearing 0 ......~.... RECOMMENDATION: The Friends' of the Boynton Beach City Library will officially donate $100,000 to the Boynton Beach City Library for the purchase of library furnishings for the new library. EXPLANA TION: Jean Birdsall, President of the Friends' of the Boynton Beach City Library and other Board Members will present a check for $100,000 to Mayor Jerry Taylor, City Manager Kurt Bressner and Library Director Craig Clark. PROGRAM IMPACT: This donation will supplement the purchase of library furnishings for the Boynton Beach City Library. FISCAL IMPACT: None. AL TERNA TIVES: Do not make the presentation. e,~ Luih , D artment Head's SIgnature ~ City Manager's Signature Assistant to City Manager CM-/ .;7' J ~/'1LU~ Depa n Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 0r'1"Y 0"", 1 .. \ 1 \ tP \ . J :r: 0\ !v \ ;-~~'.,. .-~ '\?' ....ON '" V. ADMINISTRATIVE ITEM 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 D April 17,2007 April 2, 2007 (Noon.) D D May I, 2007 April 16, 2007 (Noon) D D May 15,2007 April 30, 2007 (Noon) ~ D June 5, 2007 May 14,2007 (Noon) D Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4, 2007 (Noon) July 17,2007 June 18,2007 (Noon) July 2, 2007 (Noon) ...-.;' July 16,2007 (Noon) L C~ , CFi D City Manager's Report D New Business D c- Legal D Unfinished Business ' '", D July 3, 2007 August 7, 2007 NATURE OF AGENDA ITEM D AnnouncementslPresentations ~ Administrative D Consent Agenda D Code Compliance & Legal Settlements D Public Hearing RECOMMENDA nON: To appoint an advisory committee of five (5) persons to review the proposed naming of Southeast Neighborhood Park in honor of Betty Thomas. EXPLANATION: At the June 19,2007 City Commission meeting, the City Commission approved the initiation of the process to name Southeast Neighborhood park in honor of Betty Thomas. Pursuant to City Ordinance # 06-078, the next step in the process is for the City Commission to appoint a five (5) person review committee to consider the criteria used to determine the appropriateness of the naming designation and to offer the opportunity for public input on the proposed naming. The advisory committee shall forward their recommendation to the City Commission for the final decision. PROGRAM IMPACT: N1A FISCAL IMPACT: N1A AL TERNA TIVES: Not to appoint the advisory committee and complete the facility naming process as described in Ord. # 06-078 ~ City Manager's Signature Assistant to City Manager City Manager's Office Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC II ORDINANCE NO. 06- 078 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, EST ABLISHING A POLICY FOR NAMING 5 CITY FACILITIES; PROVIDING FOR THE APPOINTMENT 6 OF A COMMITTEE TO ACT IN AN ADVISORY ROLE TO 7 THE CITY COMMISSION ON THE NAMING OF CITY 8 FACILITIES; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 1] 12 WHEREAS, the City Commission has determined that it is advantageous to have a 13 uniform procedure for naming City facilities; and 14 WHEREAS, the City Commission finds that it would be beneficial to have committee 15 designated to evaluate suggestions and proposals for naming of City facilities. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "w~nereas" clauses are hereby ratified and confirmed as 18 19 being true and correct and are hereby made a specific part of this Ordinance upon adoption 20 hereof. Section 2. The following policy is established for naming City parks, recreation 21 22 facilities, streets, and facilities, buildings and rooms in buildings: 23 Purpose: 24 The purpose of this policy is to establish a systematic and consistent approach for the official 25 naming of streets, parks and recreational areas and other public facilities, buildings and rooms 26 in buildings. 27 Objectives: 28 · Ensure that streets parks, recreational areas and facilities, buildings and rooms In 29 buildings are easily identified and located. S:\CA \Ordinances\naming public facilities-revised(KB).doc II 1 · Ensure that given names to streets, parks, recreational areas, facilities, buildings and 2 rooms in buildings are consistent with the values and character of the area or 3 neighborhood served. 4 · Encourage public participation in the naming, renaming and dedication of streets, 5 parks, recreation areas, facilities, buildings and rooms in buildings. 6 · Encourages the dedication of lands, facilities, or donations by individuals and/or 7 groups. 8 . Encourages long term monetary sponsorship. 9 Definition: 10 Facilities means parks, recreation areas, streets, buildings, rooms in buildings and other 11 facilities, or parts thereof, which operate for the benefit of the public and includes all property 12 under the City's ownership, administration or control including buildings, structures, open 13 spaces, public parks, natural areas, wetlands, environmental habitat and land, or parts thereof. 14 Criteria: 15 The policy of the City is to name Facilities through an adopted process utilizing established 16 criteria emphasizing community values and character, local history, geography, 17 environmental, civics, monetary support and service to the Boynton Beach community. 18 The following criteria shall be used in determining the appropriateness of the naming 19 designation: 20 1. Geographic location (neighborhood, significant areas, etc.) 21 2. Natural features 22 3.A person or place of historical or cultural significance. 23 4. A person, group, or feature particularly identified with the land or facility 24 5. Commitment for monetary sponsorship 25 The process to name Facilities commences with a recommendation of the City Manager, 26 Mayor or a City Commissioner that a City Facility be named or renamed. 27 Conditions of property donation as agreed upon by the donor and the City shall be honored 28 regarding the naming of the Facilities subject to these adopted policies. 29 Names that are similar to existing Facilities in the City should not be considered in order to 30 minimize confusion. 31 The City reserves the right to change the name to maintain consistency with these policies. 32 Procedure: S :\CA \Ordinances\naming public facilities-revised(KB).doc II 1. Naming or Renaming of Facilities 2 3 4 a. A request for naming of a facility shall be initiated by a request by the City Manager to the City Commission or by request of any member of the City Commission through the City Manager. 5 6 7 8 b. City staff as designated by the City Manager will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to an advisory committee offive (5) person appointed by the City Commission. 9 10 c. The advisory committee review the proposed naming or renaming and will offer the opportunity for public input on the proposed naming. 11 d. The advisory committee shall forward their recommendation to City 12 Commission for final decision. 13 2. Renaming of Parks, Recreation Areas, Facilities, Buildings and Rooms in Buildings 14 Renaming of facilities carries with it a much greater burden of process compared to initial 15 naming. Tradition and continuity of name and community identification are important 16 community values. Each suggestion or request for renaming must meet the criteria in this 17 policy, but meeting all criteria does not ensure renaming. 18 Section 3. Each and every other provision of the Code of Ordinances not herein 19 specifically amended, shall remain in full force and effect as originally adopted. 20 Section 4. All laws and ordinances applying to the City of Boynton Beach III 21 conflict with any provisions of this ordinance are hereby repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion 23 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 24 affect the remainder of this Ordinance. 25 Section 6. Authority is hereby given to codify this Ordinance. 26 Section 7. This Ordinance shall become effective immediately. 27 28 29 30 31 32 FIRST READING this _ day of ,2006. S:\CA \Ordinances\naming public facilities-revised(KB ).doc II SECOND, FINAL READING AND PASSAGE this ~ day of ~ ,2006. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: ~.~ CITY OF BOYNTON BEACH, FLORIDA s: \CA \Ordinances\naming public facilities-revised(KB) .doc ..... ~- '::~-.:')-... "... ., I / ((7 ,I i '~O," '\\ <"i,'Y < ON \-- v" .... :,J VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM G. AGENDA ITEM REQUEST FORi", 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 Meetin\( Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon) ~ June 19.2007 June 4,2007 (Noon) D May 1,2007 April 16,2007 (Noon) D July 3. 2007 June 18, 2007 (Noon i D May 15,2007 April 30, 2007 (Noon) D July] 7,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NA TURE OF AGENDA ITEM D D l8" D D Administrative Announcements/Presentations D o o D o City Manager's Report New Business o -...J ::c: :::- -< :J C)-l :::::j-< -<c c:, .,., ,- OJ '""0 -...J::J -< ::..:::-.. d~lo~~Southeast .:::>- ~; :::!f'T1 EXPLANATION: As per ordinance no, 06-078, the procedure to name a City facility shall be initi~ b~equest by the City Manager to the City Commission. The Recreation & Parks Department received a recommendation,~hich wr .orwarded to the City Manager, to narne the new park in honor of Mrs. Thomas. The City Manager supports t. recommendation. Consent Agenda Legal Unfinished Business Code Compliance & Legal Settlements Public Hearing RECOMMENDATION: To approve the initiation of the process to name the newly Neighborhood in honor of Betty Thomas. PROGRAM IMPACT: Betty Thomas was a member of the Recreation & Parks Advisory Board for more than 30 years. Some additional points of interest about Mrs. Thomas include: . Moved to Boynton Beach from Wyoming in 1953 . Teacher at Boynton Beach Elementary School from 1957-1976 . Principal at Galaxy Elementary School from 1976-1987 . Principal at Caloosa Elementary School (Boca Raton) 1987-1993 . Member of the Boynton Beach Woman's Club since 1968 · Member of the Boynton Beach Historical Society · Committee member of the Children's Museum According to Ordinance No. 06-078, the criteria used to determine the appopriatemenss of the naming designation includes: A person or place of historical or cultural significance. Staff believes Mrs, Thomas's accomplishments are consistent with the stated criteria. FISCAL IMP ACT: $5,000 to purchase the sign for the park (Acct. # 302-4298-580-63-05) AL TERNA TIVES: Do not approve the initiation of the process to name the park in honor of Mrs. Thomas / ---------- Department Head's Signature City Manager's Signature~ Assistant to City Manager Recreation & Parks Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC RECREATION DEPARTMENT MEMORANDUM NO. 07-44 TO: Kurt Bressner, City Manager FROM: Wally Majors, Recreation & Parks Director DATE: April 4, 2007 SUBJECT: Naming of Southeast Neighborhood Park in honor of Betty Thomas Attached is a copy of an email I received on March 23 from Bill Orlove, a member of the Recreation & Parks Advisory Board, asking that we consider naming our new park in honor of Betty Thomas. Construction of SE Neighborhood Park will be completed before the end of this month. According to Ordinance No. 06-078, a request for naming of a facility shall be initiated by a request by the City Manager to the City Commission. As you may recall, Betty Thomas was a member of the Recreation & Parks Advisory Board for more than 30 years. Some additional points of interest about Mrs. Thomas include: . Moved to Boynton Beach from Wyoming in 1953 . Teacher at Boynton Beach Elementary School from 1957-1976 . Principal at Galaxy Elementary School from 1976-1987 . Principal at Caloosa Elementary School (Boca Raton) 1987-1993 . Member of the Boynton Beach Woman's Club since 1968 . Member of the Boynton Beach Historical Society . Committee member of the Children's Museum According to Ordinance No. 06-078, the criteria used to determine the appopriatemenss of the naming designation includes: A person or place of historical or cultural significance. We believe Mrs. Thomas's accomplishments are consistent with the stated criteria. /wm ( attachment) C: Wilfred Hawkins Majors. Wally _..lbject: wholko@adelphia.net Friday, March 23, 2007 10:46 AM Majors, Wally Southeast Neighborhood Park From: Sent: At our last meeting, you and lody mentioned the progress on Southeast Neighborhood Park. Sin,-..: it is near "JJnpletion, do you think this would be a good naming opportunity? If so, I think we should consider the park nam(.:d In Betty Thomas's honor. I don't know if she would favor it, but I think she is certainly worthy of the honor for all she has done for the city, particularly as a member of the advisory board. I don't recall what happened to the new committee that the commission planned to organize to handle nominations for municipal buildings and parks. ] think it would be good to pursue the naming of the park in Betty's honor around the time the park is opened. Keep me informed on this request and let me know if you want me to do anything to make this happen. See you in April as I will be out of town next week and unable to make Monday's meeting. ----8 i II RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 07-74 TO: Kurt Bressner, City Manager FROM: Wally Majors, Recreation & Parks Director ~ DATE: July 10, 2007 SUBJECT: Advisory Committee - Recommended Persons As part of the process to consider the naming of Southeast Neighborhood Park in honor of Betty Thomas, an advisory committee of five persons needs to be created. The advisory committee, which must be appointed by the City Commission, will review the proposed naming and will offer the opportunity for public input. The following names are submitted as suggestions of persons that may be appointed to the advisory committee: Steve Waldman Brian Miller Stan Sorgman Eddie Mitchell Elizabeth Jenkins Denise Chamberlain Bill Orlove John (Jay) Allard Iwm Education and Youth Advisory Board Community Relations Board Community Relations Board Community Relations Board Senior Advisory Board Senior Advisory Board Recreation & Parks Advisory Board Recreation & Parks Advisory Board ,) <_JL G 2JJ7 V. ADMINISTRATIVE ITEM B. APPLICANT ELIGIBLE FOR APPOINTMENT 7/17/07 NAME FIRST NAME 1 st CHOICE 2nd CHOICE 3rd CHOICE APPLICATION SUBMITTED Aikens Willie L. Community Redev. 6/20/06 Agency Board Ba rnes Matthew Planning & Community Arts Commission 03/05/07 Development Board Redevelopment Agency Buchanan James (Buck) Community Redev. 7/10/06 Aqencv Board Cwynar William Planning & 02/28/07 Development Board * * * Leuchter Kurt Veterans Advisory 5/9/07 Commission ***Kurt Leuchter lives outside the City limits. The Veterans Advisory Commission does allow one regular member and one alternate member to reside outside the City limits. Those two positions are currently filled. 1 VI.-CONSENT AGENDA ITEM B.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 April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 ONoon) D May 15,2007 April 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 ONoon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: A motion to approve the purchase of furniture for the Intracoastal Clubhouse from Krueger International, of Green Bay, WI utilizing State Contract #'s 425-001-06-01 (office equipment - desk chairs) and 420- 420-01-1 (educational and institutional furnishings - class room furniture) in the amount of: $81,206.00. The prices received were best prices from State Contracts with the deepest discounts for municipalities and of the best quality. EXPLANATION: The purchase ofthe furniture is for the use on the first floor for Activity tables and stackable chairs to furnish both classrooms. Furniture for the second floor includes folding tables and stackable chairs along with Chair Dollies and Table Trucks for commemorative events, rentals and training sessions to include banquet style as well as classroom style seating. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase of furniture for the Intracoastal Clubhouse. The furniture being purchased is multi-purpose for varied uses, including commemorative events, rentals and classroom style set ups. FISCAL IMPACT: The following funds have been budgeted in the CIP Fund for Intracoastal Park Clubhouse: Original Estimated Budget Expenditure $ 3,097,000 $ 3,097,000 $ 309,700 $ 43,000 $ 200,000 $ 175,000 $ 3,606,700 $ 3,315,000 07117/07 Agenda $ 81,206 Prior to 09/30/07 $ 23,012 Prior to 09/30/07 $ 20,200 Prior to 09/30/07 $ 10,630 After 10/0 1/07 $ 39,952 $ 175,000 Construction Costs Contingency (l 0%) Furniture & Equipment Furniture (Krueger Int.) Additional Furniture Computer Equipment (estimated) (computers, projector, routers, phones) General Equipment (estimated) Final Purchases (Evaluate upon opening) S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to order furniture. ~~:0~, ~~-- City Manager's Signature Procurement Services Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 6/19/2007 Requesting Department: Recreation & Parks Contact Person: Virginia Shea Explanation for Purchase: Furniture for Intracoastal Clubhouse I Recommended Vendor Krueger I nternational (vendor #4553) I Dollar Amount of Purchase 81,206 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract EJ PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: 425-001-06-1 & 420-420-07-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 304-4223-580-~ -- Project # CP0608 sz..to ~ Approvals. Department Head Purchasing Agent Asst City Manager City Manager b{ l~ P7 / ....-----1 _____-I)afe ~ Date Date Date G -j:J-.O] Form Revised 02/01/02 G:\City Hall in the Mall\lntracoastal Clubhouse PO KI - Home Page I of] 'v'vcrklr ~c "'"l;j 'Nel CCHllU fU ::1(;':101 Tnsl1l Ed,''!lstltlltIDrwi Contract PrGClUC:S & DiscountS o rderill[1 iinforrnatlc);l QUick Ship Need HDlp N()V,I KI 'Nebsite Ki r:r.f(l Hki.!:nw 1 BOO -424. 2432 Florida State Contract 420-420-07-1 Educational/Institutional Furniture Effective 2/21/2007 - 2/20/2011 Welcome, and thank you for visiting the Florida State Contract website from KL We sincerely appreciate this opportunity to develop product and service solution~ that satisfy your particular requirements. While we have made this web site very useful and helpful, we welcome the opportunity of meeting with you personally. We have KI Florida TearTtMembers strategically located across the state. They are trained and ready to explore ways of saving you money and making your life easier. Select a contract at left to learn more. http://www.toplevelservice.com/sites/ki florida/specs _ main. asp 6/15/2007 Kl - Home Page 1 of 1 V~lcrkl ng For 'fn~u Welcome Why K;? Environmental Program K I Florida Team BId Submission Office & Files Contract Products & Discounts Ordering information r~eed htllp Now K I VJehsite Kl s&lesad\ltlf\te~.i.com 1.Il'OO424.2432 Florida State Contract Bid 425-001-06-1: Effective 3/2/06 - 3/1/10 Welcome, and thank you for visiting the Florida State Contract Bid website from KI. We sincerely appreciate this opportunity to develop product and service solutiom that satisfy your particular requirements. While we have made this website very useful and helpful, we welcome the opportunity of meeting with you personally. We have Florida team members strategically located across the state. 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(]) <D<D N.<::. ~?S5o~~ ,,",l[)~cx:>E ~~W:;~(DUi ~ .~ en ~ ;;: ~ ~ (fJ()~<D'-'?~"O ~~~'::;;~~ .<::.D:<::(])l[)CL= ~v~ax=ro :;Z~~C51t~~J] o I- a CL "0 <:: (]) (fJ E ro ~ 5......Nc.D ~ :;::; Q.) 0 0> ~. co (]),,","--:t E(fJ~;1;~~ Q) vN_ E~~~LOB- Ci3[;>.8~:C ~~~coga; 2coc:Qjco~ ~g81gxil :;z~C51t~~ c ~ (]) :; (]) ro E <:: co OJ 0 Z U5 I- a; a; a E E CL 0 0 (]) U) U) ::J ::J ::J Vi U U .'!! CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM 8.2. 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 April 17,2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April] 6,2007 (Noon) 0 July 3, 2007 June ]8,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) [8J July 1 7,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 1ZI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to award Bid# 058-2710-07/CJD, "HOLIDAY LIGHTS AND DECORATIONS PROJECT" to Holiday Illuminations of Palm Beach Gardens, Florida, in the amount of $72,030.00 sharing this cost with the CRA. It was determined that $16,980.00 is the CR<\.'s portion of the expenditure. CONTRACT PERIOD: JULY 18, 2007 TO JULY 17, 2008 EXPLANATION: On June 20, 2007, Procurement Services opened two (2) bids for "HOLIDAY LIGHTS AND DECORATIONS PROJECT". The proposals have been reviewed and it was determined that Holiday Illuminations should be awarded the project for the decorations for the City. Holiday Illuminations was the lowest, most responsive bidder who met all specifications. Past performance with Holiday Illuminations has proven that they have performed satisfactorily. Sharon Vicki, Recreation Manager, concurs with this recommendation (see attached memo#07-67). The provisions of this bid award will allow for a one (1) year extension at the same terms, conditions, and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. PROGRAM IMPACT: The purpose of this bid is to secure a source for the purchase/rental of holiday fighting and decorations that will give prompt and convenient service for our Recreation Department.: FISCAL IMPACT: Special Events: CRA ACCOUNT# 001-1213-519-49-17 57400-219 EXPENDITURE: $55,050.00 $16,980.00 Procurement Services C: Sharon Vicki - Recreation Manager Margee Adelsperger - CRA File MEMORANDUM NO.07 - 67 FROM: Bobby Jenkins, Assistant Director of Financial Services Virginia Shea, Senior Recreation Managt:~ Wally Majors, Recreation & Parks Director ~~ Sharon E. Vicki, Recreation Manager c";;',,/. TO: VIA: DATE: June 26, 2007 SUBJECT: Recommendation to Award Vendor for the Holiday Lights & Decorations Project The City of Boynton Beach Recreation & Parks Department recommends Holiday Illuminations, 9337 B. Howell Lane, Palm Beach Gardens, Florida, as the vendor to provide the services of decorating and lighting the downtown and other locations throughout the city. Holiday Illuminations has done business for many years with the City and their quality of work has been very satisfactory. The bid submitted by Holiday Illuminations was within the budgeted amount. The Holiday Lights and Decorations project account number is: CRA #001-2710-572-49-17 $55,050.00 Other Contractual Services (Special Events) #57400-219 $16,980.00 CRA Marketing Events TOTAL $72,030.00 City of Boynton Beach ALTERNATE: If the City is not decorated it won't be in celebration of the holiday. Cc: Margee Adelsperger, CRA Marketing and Communications Director l-l OJ 00 CO J:i CO ~ J:i o 'M .j..J CO OJ l-l C) OJ ~ 'M ~ C) 'M >- J:i o l-l CO ...c: Cfl '" ai C & E 0 0 "" ~ I'J >- "0 :Q ~ c c: 0 '" "0 0) 0) '" 0 ... .5 ro '" ~ ... "0 ;S '" ~ 0) Cl ..... CD r-- rn c: s ui C\l a:: r-- .;;: w "<t ~ C\l ... c: .Qi 0) Z I-- '" r-- -~ '" '" ~ " c: S2 :3 ..;. co ... 0) ~ 0 -0) ....J ....J co ~ c. Iii C/) C/) u.. w '" OJ :.) "0 0) '" w Cl r-- CD 0 > ~ u.i I 0 0 0 ~ 0) 0 '" Cl :i ..... 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W 01-- ...J Z CO U:Z -::.::: ~ 0 ~a: <( UJ I u..o:: Z IW I-- ....J ~ f= Zu; Zo ~ ....J<( ....J W <(~ ~:; 0 <( ::> Z 0::> 8~ 0 > o...~ I- U Z <( UCO U CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM B.3. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noono) 0 June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 Apri116,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May ]5,2007 April 30,2007 (Noon) [8J July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 1ZI Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to multi-award Bid#051-1412-07/CJD "ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an annual expenditure of $ 65,000.00. CONTRACT PERIOD: JULY 18, 2007 TO JULY 17, 2008 EXPLANATION: On May 15, 2007, Procurement Services opened and tabulated nine (9) Bids. The evaluating factors used in determining the recommendation were 1) Price; 2) Availability 3) Delivery Time 4) Warehouse processing time. All recommended vendors are considered to be the lowest, most responsive, responsible bidder meeting specifications, and prices subject to vendor acceptance, satisfactory performance and determination that the award is in the best interest ofthe City. PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for the purchase .()f apparel/embroidery/silk screening from various manufacturers. The apparel is ordered on an "AS NEEDEP BASIS'? See attached memo for awarded vendors. . .~ FISCAL IMPACT: ACCOUNT# ESTIMATED WAREHOUSE STOCK ANNUAL EXPENDITURE 502-000-141-000-00 $65,000.00 ALTERNATIVES: Not order uniforms with embroidery and silk screeni~g fJr the various departments. L.,t Yea< expenditu" 560,000.00 cf'uJ~ CitY. Manager's Signature ".... Ii ........ Procurement Services S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORMoDOC The City of Boynton Beach . ere....'.......'. ,(( \ :r ~ ;) . . .. . Finance Department WAREHOUSE DIVISION RECEIVED JUN i (:! V7 <; _.. TO: Bobby Jenkins, Assistant Director of Finance FROM: Michael Dauta, Warehouse Manager M:2... DA TE: June 19,2007 SUBJECT: Embroidery Bid # 051-1412-07/CJD I reviewed the tabulation sheet sent from your office, The evaluating factors used were A) Pricing; B) Delivery Time C) Warehouse processing time, My recommendation is a multi-award to overall low vendor. Last year's expenditures were $60,000. This year's expenditures will be an estimated $65,000. Matteo International. Inc. Item(s) # 2,3,5,7,8,9, I 0, 11,14,15,16,17,1820,21,22,23,24,25,26,28 Plexus Marketine: Inc. 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Q) g 5: a. -< ~ 0 o' 3' ~ .'" ~ Cil )> z z c )> r- s: en C') m r- r- .)> z m o c en c z - ." o AJ s: en -I o Z C') r- c c m m s: OJ AJ o - c m AJ -< - en - r- ::-:; en () AJ m m z - z G) ~ tI ... ~ CI P'l c: :; CI ~ c to ... ~ H C':l ~ t""' t; ~ H > .. g Co '" C ~ Co to ~ t t ~ ~ t t e . t t ~ ~ ~ ( ~ ~ t<l ::c o c:: U) t<l ~ ~ t<l :::0 " , ) '\ , ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: MAY 15, 2007 BID OPENING TIME: 5:00 P.M. BID # 051-1412-07/CJD "Offers from the ven~ors listed herein are the' only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CITRUS SPORTS & APPAREL KLUCH CLqTHING CO. MARTIN SCREEN PRINTS & EMBROIDERY 560 N. CITRUS AVE. SUITE B 210 SE 8TH AVENUE 3490 E. VIRGINIA BEACH BLVD. CRYSTAL RIVER, FL 34428 BOYNTON BEACH, FL 33435 NORFOLK, VA 23502 ATTN: A TTN: MICHAEL RISELEY ATTN: KIMBERLY J. BLACK TELEPHONE: 352-564-9402 TELEPHONE: 561-734-9665 TELEPHONE: 1-800-899-5416 FAX: 352-564-9404 FAX: 561-736-0807 FAX: 757-853-2800 ITEM # 7 POLICE - CODE ENFORCEMENT $35.50 $16.89 $14.00 GOLF SHIRT ITEM # 8 COMMUNITY PATROL GOLF SHIRTS $45.00 $18.79 $15.00 WHITE POLO $20.79 ITEM # 9 CAT. GOLF SHIRTS $45.00 $22.89 $17.00 $24.69 ITEM #10 SUPERVISOR POLO SHIRTS - 5011 P $30.50 S-XL $16.29 - XXL- $18.29 $16.00 BIMINI BLUE 2100 $26.75 S - XL $14.39 - XXL $16.39 $14.00 WHITE 2400 $26.50 S-XL $14.39 - $16.39 XXL $14.00 BIMINI BLUE 2400 $26.50 S-XL $14.39 - XXL $16.39 $14.00 ITEM #11 FOREST GREEN SWEATSHIRT $27.00 S - XL $13.89 $14.00 XXL $15.89 3XL $17.89 4 XL $18.99 5 XL $21.99 : ~ ! . Unifonn Embroidery '04 Sheet1 "-1 ~m ,3: gg'lt: ~~ I l> --l 1:R ~ --J o o C :J ~ 3 JT' <... a: (!) ~ c5 .t>- CJr :::T CD ~ -0-1 Om C3: ~'lt: .. -- ()--J en o () l> -0 1:R co o o 1:R ~ W Co co z o IlJ o l>-I 'm '3: Q'l:l: ~~ IlJ l> , , () l> -0 en 1:R co Co co z o IlJ o -0-1 Om C3: ()'It: m.... 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O~$: 0)> 0-< :-0....>. ~!.11 N o o -...J ;- ;g ::> 0 ~ :T III !ll CD 0 i a CD '" 0" '" '< c: CD 3" ~. ;:: a; III 0. 0. 0,) :5" '" CD or '" ~ g '" III o 5' iii' '" Q. Q: ~ 0" ? CD d g '" <" CD III Cil 0. _ a 3' 3 ~ 5' OJ III '" ~ sa. :::J :T g- III Cil ~ in" o a; OJ 0. @ S @ CD O;t :5" :i' Q) co oa g. ~ a; III '" g 5. ~ o 3' ~ ~ '" )> z z c )> r- 3: en C') m r- r- )> z m o c en c z - "TI o :::c 3: en -I o - z C') r- c c m m 3: 0] :::c Q c m :::c -< - en - r- ~ en C') :::c m m z z Q ""\ , J '\ \ , ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: MAY 15, 2007 BID OPENING TIME: 5:00 P.M. BID # 051-1412-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation. if any, are hereby rejected as late" VENDORS CITRUS SPORTS & APPAREL 560 N. CITRUS AVE. SUITE B CRYSTAL RIVER, FL 34428 ATTN: TELEPHONE: 352-564-9402 FAX: 352-564-9404 KLUCH CLOTHING CO. 210 SE 8TH AVENUE BOYNTON BEACH, FL 33435 ATTN: MICHAEL RISELEY TELEPHONE: 561-734-9665 FAX: 561-736-0807 MARTIN SCREEN PRINTS & EMBROIDERY 3490 E. VIRGINIA BEACH BLVD. NORFOLK, VA 23502 ATTN: KIMBERLY J. BLACK TELEPHONE: 1-800-899-5416 FAX: 757-853-2800 ITEM # 19 FULL BRIM AUSSIE HAT WITIE STRINGS, SNAPS $20.75 $14.69 NOBID Uniform Embroidery '04 Sheet1 () ::!]-I ::!]-I ()-I 01 < OJ OJ OJ )> l> ;um ;um enm ;0 m - -- , m3: fl)3: 03: m z 000 Z m 0 Z Z O'lt: -i'lt: -o'lt: 0 0 =l=t:OO 0 mN 'N ON m ;U O-U-U c: l> -0(11) ~~ Cm -0 en Olmm )> ;Uz l> () l> TZZ ~~ ;U ;U m ;U ~ZZ r- -i -i 0 -i s: s:: s:: -<m m ~ m m ....>.(j)(j) enm z 0 -0 z r:-'-i0 en l> 013: -i ;U -i 0-)> (") 00l -0 -...J$:-i 0 -i -i m ;U;tl Gl () s:: en O[1:lm r- OO -< m I '- .. m- s:: ^ z O~$: r- rC m ;U )> -m en -i -I -i 0)> <;tI I -i ~ 0-< Z m-< 0 0 ;U ;U en =u :-0....>. m -(")t.n(") Z $<~ -l::OO>- -n -l-<o-l .. m ZUlZ::O 0 w -0 .. -I' C t.n I :l>(")Ul ;c N 0, 0 ,:::jUl s: 0> Z ::0::0-0 .;. f1:1 -CO en ~W <Ul::O 1:R 1:R ~~ ~:l>-I -f 1:R ~ ~ 1:R 1:R 1:R . < Ul 0 N?1 ~ 0 CO en CO t.n "ml1O OC11 a, N ~ ~ a, 0> " :l> - 0 01 01 0 .;. wUl-o Z 0 01 ~ C .;.C-o .;.:::j:l> (") ::l 0 Nm::o ~ N CO m r- ..., 1lJ, c: 3 r C m 0 m 0.: " -I:l>IlJN^ - ~ iil d s: (!) ~ ~ PJ=1~o:= III g ~ OJ ::> 0 c5 t.n~;<;:z~2 ~ 5' <' Ul ;c Ol ~ (l) .t>- ~6S::bco(") iil a. a 0 0 ~zoz:i' ::l" ~ 3' 3 C (l) (l) ~mIIlJ 0 iil Ul -< 5' ~C{> ~C{> I .. :l> m :l> -l ~ '" Ol (l) m ~~ ~C{> ot.nm:l>,(")mZ ~. 0" So (l) 1:R,X ,~ ,~ <::IT::OIEG) 3 ::> -< 01 ' " (l) =: 5' a. !!. 0 ~01:R1:R 1:R1:R --J -. ~ Ul - 1:R1:R 1:R1:R IW Ul " m (") (l) (l) en aNN ~~ ?l~ ~CO .;.m, 0 a. :r III (ii' w~ N~ ~ hi w . 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All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS CITRUS SPORTS & APPAREL KLUCH CLOTHING CO. MARTIN SCREEN PRINTS & EMBROIDERY 560 N. CITRUS AVE. SUITE B 210 SE 8TH AVENUE 3490 E. VIRGINIA BEACH BLVD. CRYSTAL RIVER. FL 34428 BOYNTON BEACH, FL 33435 NORFOLK, VA 23502 ATTN: ATTN: MICHAEL RISELEY ATTN: KIMBERLY J. BLACK TELEPHONE: 352-564-9402 TELEPHONE: 561-734-9665 TELEPHONE: 1-800-899-5416 FPU<:352-564-9404 F PU<: 561-736-0807 FAX: 757-853-2800 COST PLUS Ulo rUt-{ ITEMS NOT LISTED 35% 20% NOT SUBMITTED NUMBER OF PROPOSALS SUBMITTED 1 1 1 ANTI-KICKBACK AFFIDAVIT SUBMITTED NOT SUBMITTED YES SUBMITTED NOT SUBMITTED CONFIRMATION OF MINORITY OWNED NOT SUBMITTED YES/NOT A MINORITY OWNED YES/NOT A MINORITY OWNED BUSINESS SUBMITTED BUSINESS BUSINESS CONFIRMATION OF A DRUG FREE NOT SUBMITTED YES SUBMITTED YES SUBMITTED WORKPLACE SUBMITTED COMMENTS SAMPLES ENCLOSED .SEE NOTATIONS Uniform Embroidery '04 , , - Sheet1 (j)-o- C::!]-I ~(j)-o-l -0- ;U-o-l < OJ OJ OJ )> ~o-l orYl ,m en;um ,OOm mOm m - -- -<(')3: zm3: rC3: C3: QC3: Z 000 Z ~~'lt: O1() ()'It: OJ()'lt: 0 =l:t:OO Z m'lt: enm'lt: 0 ()U1 -<0';" ~l>W mN ~m->o ;U o-u"u C ::0 [p;U () ()-I en Olmm )> ~ ;UO l> ^~ TZZ ,^ -is:: ;U r- m cen en- S2 Z ~zz Ul mI s::~ :s: (") (j) Z -"G)G) m ;U l>en l> (j) ~-l0 en z -i ,-i Z ,;U (') m Ti ol> en c 0-)> Z -...J~-l G) , X-i ~ --m m 0 m ' - :::j 0 ~ O..m r- , m c.... .. 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III co 0 01 0 01 W III S' g- o;" en . . m 9'r-w-<~ ;;; - 0 '" m < ~ --J-iNOz or '" CD a. r- w ~l>--J;UGl ~ "0 m ::l" " W 0 '" ~ o-iN^ ::> () m ~-i0l>- '" CD S' en ~~ <~ CD ,,' 0 S' III (') .;.. m [TI. co m 5' a. ;;0 0;' III 5' '" ;;; '" m Q. III 0 m C'r ::> '" ~ a. -< Z g, -il>en~ o' 3' m Z m::j-iN ? ~ (jl . .;.. G') , -0"'-0 01 qJ;<!;m01;U Nen Nen ~ Ic....-iN6 XO o~gj~m ,~ XO 1:R Z ,~ ~ Z -.j zzenIm N ~ 1:R 0 co 0 --J m-OJenZ ~..... [p 1:R1:R a, OJ I .' O1C-i-i -.j.t>- ~~ 0 01 --Jgj;u;um No, 0 ?'w 0 --J N (j)m;U W' 0 00 0101 W ';'1,- m-O . 0 01' 01 -i ;U .l'- ;:j~rzCi5 .l'- co ~mwOm comw;u co,-.j-i --Jm~I (" :::T C1l ~ '" ) .) ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: MAY 15, 2007 BID OPENING TIME: 5:00 P.M. BID # 051-1412-07/CJD VENDORS ITEM # 6 POLICE DIRECTED PATROL GOLF SHIRT ITEM # 7 POLICE - CODE ENFORCEMENT GOLF SHIRT ITEM # 8 COMMUNITY PATROL GOLF SHIRTS WHITE POLO ITEM # 9 CAT. GOLF SHIRTS ITEM #10 SUPERVISOR POLO SHIRTS ITEM # 11 FOREST GREEN SWEATSHIRT ITEM # 12 POLICE MOCK TURTLE NECK US S/S ITEM# 13 CITY JACKETS 5011P 2100 2400 2400 MATTEO INTERNATIONAl,INC. 2309 HANCOCK BRIDGE PARKWAY CAPE CORAL, FL 33990 ATTN: ANGELA TRUNKETT TELEPHONE: 239-652-1002 $13.50 2X $14.50 -'~& ~.., .,~~ '* ."~ "V", .;,- ."", ~ l!_4..;~-~~ .,.." I ,-, ,.. "/~ .'" _._2:;;,Pi<1J>< 'f9' ,.t.,,>~~ '" ~=l .,.,. ,~$j1i3~:8~!1 2X $14.48 2X '~f,y;;, C;~, /.r.v " ' "! ~il;:';~~ ~^', ~. ~. 'j; . ~~1$@ ~~. ~}~,f@ , ;, '~~.1r~ t4~ ~~WI ~ :" " - 'F~"l.:r." JiiW . . fii^ "~l~~ ' ,~: .,."~ $16.75 2X $17.75 NOBID "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any. are hereby rejected as late" PLEXUS MARKETING INC. 118 WEST NEW YORK AVE. DELAND, FL 32720 ATTN: CAROLE L. TATTRIE TELEPHONE: 386-736-1244 $21.00 $17.50 $19.50 $19.50 $17.56 $15.50 $15.50 $15.50 $19.50* $22.50 3X - 4X * $10.25 * *$115.00 S - 2X 10% 3 X , 20% 4X & 5X Uniform Embroidery '07.xls ) PRIDE ENTERPRISES 12425 28TH STREET NORTH ST. PETERSBURG, FL 33716 ATTN: JENNIFER L. STEELE TELEPHONE: 727-572-1987 S-XL 13.85* 2XL 16.55* M-XL $13.65* S-XL $15.50* 2XL $17.35* S-XL $15.50* 2XL $17.35* M-XL $13.50* 2XL $15.95* (6030) S-XL $12.50* 2XL $14.95* (6020) S-XL $12.50* 2XL $14.95* (8602) S-XL $12.50* 2XL $14.95* (8602) NOBID NOBID NOBID Sheet 2 O-ltn :::jmm -<3:~ -i 'It:'- en N'O I Oi~ ;0 = -i en ~ enc r- en " tn: (") ;U m m jZ 'z '(1) ! C :l. 0' 3 m ::::! iiji 'fl "<1\1' ~;~f -ill'. .CO}~c.o ~I~::~ ~~ 01 Co (0 I~<O c... (!) ~ 6 --J X fii ..... . 01:R{f} ......0 co ....:a. 0...... (..) '" . wcow X en'" Qo 0 en N' :e:X~ (f)en I . XX r, {f}1:R (J1'" o~ 9 . 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I\.l w -il> g~ ~ :::g~ I:::j mz-o:l>m -0.' mZo Il>o8- OZo(")Z zGl ^-l f1:1~~llJgj ~l>r;:2~ co-i01g-l &;urmO ~~~~~ ~^co::o' g~~~~ N-l ~0 -< -il> ~-o ~~ co, ~~~~~ IO,mc Ol>l>~en Z;U5z~ f1:1~. m;u ~m~~^ 'fl! -<~ --J-ifdoz: g;l>--J;U(j) o-lN;;>;: ~-f0l>- ~;:!! <~ ~m fTl~1 -il>en..... m~-iN . ~ , -oN-o ~~m01;U I c...;-iN 0 o~~~m zzenIm m-llJenz "01C-i-i --J[!:1;u;um N,v(j)m;U -;-Jr- m-O 01' 01 -l ;U ;:j~'zCi5 ":"'m~orn com--J;u CO,~-i --Jm",I < m z o o ;U en OJ OJ OJ 000 :;tOO o-u"U Olmm TZZ ~zz ....>.G)G) r:-'-l0 0-)> -...J:S:::----, --m-' O..m '-Ol o..:s::: 0)> 0-< :-0....>. :S:::0l '" o o -...J ;- ~ ~ d :3 0 CD ::::: ~ g. <' (t) OJ ~ ~ en CD 0 a 16 ~ ~. ~ CD U; -< (t) 0" '" III '<Ccn< iil0"3Q.~ m' -~ a. n ~ st 0 CD a. <1> (jl ~ :5" ~ Vi" en m ~ m tU ~ CD ~ ~ 0 CD CD ~ ~ a co :C" S' 5 5" OJ :T tC m (;5' g. St CJ) CD CD Q. III g Q: ~ ~ ~ 0 o' ~r ~ -~ ~ 00 )> Z Z C )> I s: en (") m I I )> Z m o c en c z "T1 o ::tJ s: en -i o Z (") I C C m m s: to ::tJ o C m ~ - en I " en (") ::tJ m m z - z G> """ , ) ) ANNUAL MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY/SILK SCREENING BID OPENING DATE: MAY 15, 2007 BID OPENING TIME: 5:00 P.M. BID # 051-1412-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS MATTEO INTERNATIONAl,INC. 2309 HANCOCK BRIDGE PARKWAY CAPE CORAL, FL 33990 ATTN: ANGELA TRUNKETT TELEPHONE: 239-652-1002 PLEXUS MARKETING INC. 118 WEST NEW YORK AVE. DELAND, FL 32720 ATTN: CAROLE L. TATTRIE TELEPHONE: 386-736-1244 PRIDE ENTERPRISES 12425 28TH STREET NORTH ST. PETERSBURG, FL 33716 ATTN: JENNIFER L. STEELE TELEPHONE: 727-572-1987 ITEM # 21 POLICE: T-SHIRT S/S $8.25 S-XL $4.95* 2XL $6.45* ITEM # 22 POLICE T-SHIRT US S5,2'4'2)(; $612 $13.65 M-XL $8.10* 2XL $9.85* ITEM # 23 POLICE SWAT T-SHIRT US ,.. ,.w:J$.5i^24'jf2X'l$6:24~-' $13.50 BLACK ONLY S-XL $8.10* 2XL $9.85* ITEM # 24 POLICE SWAT T-SHIRT S/S -'-w-~~~T9UI"2&1.$5.90~t $9.50 S-XL $4.95* 2XL $6.45* ITEM # 25 FIRE DEPT: T-SHIRT W/POCKET S/S ~~';;$5:57~2Xt'$-.fi:7..4~_., $9.50 S-XL $6.50* 2XL $8.35* ITEM # 26 CSO POLICE DEPT. T-SHIRT S/S ._-$~Tlf~2&i$57[O~_~llll~li $10.30 S-XL $5.65* 2XL $7.40* ITEM # 27 FIRE T-SHIRT W/O POCKET LIGHT STEEL - US $5.24 2X $6.24 $9.50 "BIIfS~~l!Im85~2X~$5f8"5*~yr~::': ITEM # 28 FIRE DEPT: GYM SHORTS ~$_5t9.:0::.i2X1$B'[90.~os $14.50 NO BID ITEM # 29 FIRE DEPARTMENT: POLO SHIRTS NOBID NOBID r~.n-f,:\,%,!" ~""'~':_"'~ "l> ~ "":C"~'#50/0""~ , ~ ~ _~~~il~::, ~ ,,"'1' ,';" .~. ,',,, ,,~ p' .=."j f' ~ _~. :- !~... !.1 ,~ . . ~ .. .. ~ "., ~,"lI . 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BID # 051-1412-07/CJD "Offers from the vendors listed herein are the only offers received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS SEACOAST EMBROIDERY 1628 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 ATTN: MARC MASON TELEPHONE: 561-737-6505 FAX: 561-737-6507 THE INCENTIVE MALL 5625 GLENN RD. INDIANAPOLIS, IN 46216 ATTN: KEVIN BRACHY TELEPHONE: 317-541-0569 FAX: 317-541-0699 TSG SPORTSWEAR 3125 FORTUNE WAY #7 WELLINGTON, FL 33414 A TTN: BRIAN JOROS TELEPHONE: 561-596-3117 FAX: 561-965-7993 ITEM # 1 POLICE TRAINING UNIT GOLF SHIRT RED/BLACK $19.98* $16.50 ~~"'''z..;!~' "^ -;~ ~ ~(~~~:ie,~:;:$. ;,'~)..t:'-<:. 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All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS ~Ej:iU.I~L dli t ~1iS ITEM # 11 FOREST GREEN SWEATSHIRT <'"-"."",'~""'*'a -., -~=~~(:',~,,,,:,~~~~~ ~:~~ J't*":~- "':'-;-~"" <7~'~~~~~_J4::~~1L~Li,~~_~:",mii.t>~J;.~~~~ SEACOAST EMBROIDERY 1628 S. FEDERAL HIGHWAY BOYNTON BEACH, FL 33435 A TIN: MARC MASON TELEPHONE: 561-737-6505 THE INCENTIVE MALL 5625 GLENN RD. INDIANAPOLIS, IN 46216 ATIN: KEVIN BRACHY TELEPHONE: 317-541-0569 TSG SPORTSWEAR 3125 FORTUNE WAY #7 WELLINGTON, FL 33414 A TIN: BRIAN JOROS TELEPHONE: 561-596-3117 $17.30* $14.50* $17.95 ITEM # 12 POLICE MOCK TURTLE NECK US S/S $13.98* .~~:;: ?_H~-r~.~0. -::..... ..,. :::.:: ~~~~':,.~ #:qi?[:.~~..j{ .\.-.:t "'~ ~~.j:'j ~,,-M'~ ~ $18.00 ITEM # 13 CITY JACKETS $49.95 $18.50* S-XL $39.50 XXL $41.50 & XXXL $43.50 ~~~wE-::--'~"-"~lIT::-~ __ *. 'l; !t't ~ "". 1'l ~ '!'":::..~ ,t ~ t'::. 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All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS SEACOAST EMBROIDERY THE INCENTIVE MALL TSG SPORTSWEAR 1628 S. FEDERAL HIGHWAY 5625 GLENN RD. 3125 FORTUNE WAY #7 BOYNTON BEACH, FL 33435 INDIANAPOLIS, IN 46216 WELLINGTON, FL 33414 ATTN: MARC MASON ATTN: KEVIN BRACHY ATTN: BRIAN JOROS TELEPHONE: 561-737-6505 TELEPHONE: 317-541-0569 TELEPHONE: 561-596-3117 ITEM # 24 POLICE SWAT T-SHIRT S/S $10.98 $12.00 $5.25 2X $6.25 ITEM # 25 FIRE DEPT: T-SHIRT W/POCKET S/S $12.98 $10.00 NOBID ITEM # 26 CSO POLICE DEPT. T-SHIRT S/S $11.98* $8.50 $5.95 2X $6.95 ITEM # 27 FIRE T-SHIRT W/O POCKET $11.98 $11.00 NOBID LIGHT STEEL - US ITEM # 28 FIRE DEPT: GYM SHORTS $14.98* $10.00* NO BID LIGHT STEEL W/POCKETS Uniform Embroidery '07.xls Sheet 3 0 :;EO COO )> Z 0 0 z :!! -ICB .;~ < OJ OJ OJ :x> 0 00 CO Z e 0 )> )> :;u m \;;0110 m 0 0 0 Z ~ :;uZ ~z -I ~ C/) r :!: m :!:"l-l Z .. -I m ,en,.- 0 Z ~ ;;>;::!! 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Z ~ 0 3' ar - -i o' Z m :;Ec..v ? !1l iil G') O~ ')>m"">'-i m~rl\JC/) :;EC/) \J rCJ1 z=< IZ-IlG) 0'. zOC/) mm Z Z-E09 zco~:;U\J -< 0C/) -< 0 O~ m:;U -10 m co)> m ....>. ..-Oe:;u C/) e~ C/) 22 ~ COio ~~_ZZ-1 C/)- 0 6(]1 ......c.....llmC/) -Z Zo u,O':;E:;E m:;u to:;Uc..v)>m C/)- 9'0c..v-<~ C/)::;! ~C/)~~ ~ --J --J \.. ;;r CD !! c..v VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.l. AGENDA ITEM REQUEST FORi"l 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 D April 17, 2007 April 2,2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30,2007 (Noon) [8J July 17, 2007 July 2,2007 (Noon) D June 5, 2007 May 14, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Approve resolution No. 07-_ authorizing the renewal of employee benefIts and premiums for FY 2007/2008, Lincoln/Jefferson-Pilot life and disability plans, CompBenefIts Corporation vision care plan, MetLife dental plan and the Blue CrosslBlue Shield of Florida (BCBS FL) current three (3) medical plans with the addition of a fourth (4th) cost effective medical plan, Blue Options PPO Plan 1362 for employees with dependent coverage. EXPLANATION: This is the annual renewal of the employee health and life insurance programs. The renewal consists of an increase in cost to the City of 9.5% for medical insurance benefIts and 4.5% for dental insurance benefIts. This recommendation was reached after extensive negotiations with the insurance carriers and discussions with the City's Insurance Committee. The Lincoln/Jefferson-Pilot life and disability insurance and the Vision Care Incorporated Plan coverage have no change in benefIts or rates. There is an increase to the cost of medical dependent insurance rates of 9.5%, which is paid 100% by the employee. In order to minimize the cost of health insurance coverage for dependents, the City is also offering a new, fourth (4th) plan, Blue Option PPO Plan 1362, which is a less expensive plan for employees with dependent coverage. The new fourth (4th) plan offers a 16%-22% savings for dependent coverage as compared to the present least expensive option for an existing plan. This is to give employees another option to help them with the sky rocking cost of medical insurance, so that rates don't become so expensive that City employees cannot afford to cover their families. . The Insurance Committee recommendations are attached as Exhibit A. . Exhibit B is a comparison of the four (4) medical plans offered to employees by BCBS FL. . Exhibit C lists the rates and total premium for all medical coverage, including the City's cost and the employee's cost for dependent coverage. . Exhibit D lists the City of Boynton Beach (employer) cost per employee for health insurance coverage. . Exhibit E lists the employee dependent cost (payroll deduction - 26 weeks) comparisons for dependent health insurance with non-blended rates for dependent coverage. PROGRAM IMPACT: The City pays the full premium for the employee's medical, dental, vision, life insurance and long term disability; the employee pays the premium for any dependent coverage. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: · The City's cost for BCBS FL medical coverage for FY 200712008 is $5,122,003/yr for employees ($5,748.60 per employee per year). · The City's cost for Pooling Charges is $353,031 ($125,000 stop loss point). · The City's cost for Dental Coverage for FY 2007/2008 is $3l.311month for employees ($375.72 per employee per year). Additionally the City pays $7.00 per month for employees who have dependent dental coverage or $25,704 per year. The City's cost for Vision Care Coverage is $43,643/yr for employees ($52.08 per employee per year). The City's cost for Life Insurance and Accidental Death and Dismemberment (AD&D and L TD) is $234,507!yr for employees. The cost per employee per year varies based on the amount of coverage they have. Group Insurance Consultants, Inc. the consultants who provide support to City staff, are paid through the provider, not from City line items. Their services include negotiating the contracts, conducting detailed review, analysis and projects at key points throughout the year, resolving enrollment and billing problems for employees, conducting informational meetings for employees including attending new hire orientation and assisting with annual open enrollment processes. ALTERNATIVES: · Decrease the benefIts in the current plans resulting in lower premiums · Require participants to pay a portion of their individual premium · Consider a voucher plan and eliminate a City sponsored plan · Go out to bid (\;; \ /y <lIla/I. /)1] 11/ .! I ( y~ City Manager's Signature I HUMAN RESOURCts Department Name +':nt to City M,nag" City Attorney 1 Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R07- 3 4 5 A RESOLUTION OF THE CITY COMMISSION OF 6 BOYNTON BEACH, FLORIDA, AUTHORIZING THE 7 RENEWAL OF EMPLOYEE BENEFITS AND 8 PREMIUMS FOR FISCAL YEAR 2007-06 WITH BLUE 9 CROSS/BLUE SHIELD OF FLORIDA, METLIFE, 10 JEFFERSON-PILOT, AND VISIONCARE 11 INCORPORATED; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, the City Commission of the City of Boynton Beach, upon 16 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 17 City of Boynton Beach to approve the renewal benefits and premiums for 2007-2008 health 18 insurance and life insurance coverage with Blue Cross/Blue Shield of Florida medical plan, 19 MetLife dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan and the 20 Vision Care Incorporated plan, for all city employees. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. Upon recommendation of staff, the City Commission of the City of 27 Boynton Beach, Florida does hereby approve the renewal benefits and premiums for 2007- 28 2008 Health and Life Insurance coverage with Blue Cross/Blue Shield of Florida medical 29 plan, MetLife dental plan, Jefferson-Pilot (Lincoln Financial Group) life and disability plan S:\CA\RESO\Agreements\renewal health benefits 2007-08.doc - 1 - and the Vision Care Incorporated plan. 2 Section 3. That this Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this _ day of July, 2007. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 , 21 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 (Corporate Seal) 31 CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\renewal health benefits 2007-08.doc 2 EXHIBIT A City of Boynton Beach Insurance Committee Recommendation To the City Commission for the 2007-2008 Group Insurance Renewal The recommendation from the insurance committee is based on the City's negotiated renewal offers from, Lincoln/Jefferson-Pilot life and disability plans, the CompBenefits Corporation vision care plan, the Metlife dental plan and the Blue Cross/ Blue Shield of Florida medical plan. Life/Accidental Death & Dismemberment (AD&D) and Loni:! Term Disability Insurance The recommendation is to renew the current Lincoln/Jefferson-Pilot life and disability insurance with no change in benefits or rates. Vision Care Plan The recommendation is to renew the current CompBenefits Corporation vision care plan with no change in benefits or rates. Dental Plan The recommendation is to renew the current Metlife dental plan with an increase in premium of 4.5% effective October 1,2007. Medical Plan Employees: The recommendation is to renew the current three (3) Blue Cross/Blue Shield of Florida health insurance plans for employees. The committee also recommends adding a fourth (4th) plan which is a less expensive medical plan (Blue Options PPO Plan 1362) with higher co-pays and deductibles. The rates for employee only coverage are "blended" for all four (4) plans and there is a 9.5% percent increase in premium to the City regardless of the employees plan choice. Dependents: The committee is very sensitive to minimizing the cost of health insurance coverage for dependents so rates don't become so expensive that city employees cannot afford to cover their families. Thus, the committee recommends adding a fourth (4th) plan Blue Options PPO Plan 1362 with higher co-pays and deductibles. This plan is much more affordable for those employees with dependent coverage. Dependent coverage rates for the existing three (3) plans will increase by 9.5%. The new, fourth (4th) Blue Options PPO plan 1362, offers a 16%- 22% savings for dependent coverage as compared to the present least expensive option for an existing plan. This savings is based on which coverage level an employees selects (e.g. Employee/Spouse, Employee/Child (ren), Employee/Spouse/Child (ren). S:\HR\Insurance Committee\Insurance Committee\FY200nOO8 Insurance Cornrnittee Recommendations.doc EXHIBIT B City of Bovnton Beach 2007-2008 BLUE CROSS BENEFIT HIGHLIGHTS COMPARISON Blue Care Blue Choice BlueOptions Blue Options HMO Plan 1 PPO Plan 101 PPO Plan 1748 PPO Plan 136~ Provider Network BlueCare BlueChoice Network Blue Network Blue Lifetime Maximum Benefit Unlimited $5,000,000 $5,000,000 $5,000,000 BASIC, Preventive and Diaanostic Care Open Access to Primary Carel Specialist? No Yes Yes Yes Diagnostic Test Approval Required? Yes No Yes Yes Internal Medicine, General Practice, Family $5 ded/coins $5 $20 Practice, Pediatrician Office Visit Co pay Specialist Office Visit Co pay $5 ded/coins $5 ded/coins Mammogram Copay $0 coinsurance $0 $0 Adult Wellnessl Physical Exam Calendar Year Maximum Benefit unlimited not covered $250 $150 Independent Clinical Lab Copay $0 ded/coins $0 $0 Independent Diagnostic Testing Fac Co pay $0 ded/coins $0 $100 Prescription Copays $5/15/30 dedI 30% coins $5/15/30 $10/25/40 PHYSICIAN SERVICES RECEIVED OUTSIDE OF THE OFFICE (surQeons. IP visit, ER. anesthesia, radioloQY. patholoQY) Calendar Year Deductible (individual) $0 $300 $0 in net!$500 out $500 Calendar Year Deductible (family) $0 $600 $0 in net!$1500 out $1500 Coinsurance % you pay (in network) 0% 10% of neg fee 0% of negotiated fee 20% Coinsurance % you pay (out of network) 100% 30% + 40% + 50% + balance billing balance billing balance billing Physician Services at a Hospital as above as above as above $0 ded, 0% coins in or out of network Ambl DMEI HHC/lnjectable Drug $0 ded/coins ded/coins ded/coins Therapy $0.60 days dedI coins dedI coins ded/coins HOSPITAL SERVICES option1 hospitalloption2 Option 11 Option 2 Inpatient Copay I admit $0 ded/coins $01500 $600/1000 Outpatient Surgery I Test Copay $50 ded/coins $01200 $100/200 Emergency Room Services Copay $50 ded/coins $50 $100 MAXIMUM OUT-OF-POCKET EXPENSE ON COVERED CHARGES/CALENDAR YEAR Ded I Coins I Non-Rx Copays- Single $1500 $1500 + ded In net! out In net! out $15001$3000 $25001$5000 Ded ! Coins I Non-Rx Co pays- Family $4500 $3000 + ded $3000/$6000 $50001 $10,000 EXHIBIT C CITY OF BOYNTON BEACH RATES AND TOTAL PREMIUM Current Rates & Current Plans Renewal FY 2006/2007 FY 2007/2008 TYPE COVERAGE PPO / HMO / BlueOpt ADD FOURTH PLAN 1362 PPO / HMO / BluOpt / BluOpt Employee Only (696) $ 437.42 $ 437.42 $437.42 $ 479.05 $ 479.05 $ 479.05 $ 479.05 Employee/Spouse ( 82) $1037.09 $ 895.72 $847.98 $1135.79 $ 980.97 $ 928.68 $ 807.40 Employee/Children ( 74) $ 945.63 $ 825.77 $785.36 $1035.63 $ 904.36 $ 860.11 $ 747.78 Emp/Spouse/Children (151) $1223.31 $1038.16 $975.48 $1339.73 $1136.96 $1068.31 $ 928.79 BILLED PREMIUM POOLING CHARGE TOTAL PREMIUM $ CHANGE % CHANGE $7,082,076 $ 324,011 $7,406,027 $7,756,081* $ 353,031* $8,109,112* $ 703,085* 9.5%* EXHIBIT 0 CITY OF BOYNTON BEACH: EMPLOYER COST (EMPLOYER CONTRIBUTIONl Current Rates Current Plans FY 2006/2007 Renewal FY 2007/2008 Emplover Contribution PPO / HMO / BlueOpt 1362 PPO / HMO / BluOpt / BluOpt Employer Contribution $437.42 $437.42 $437.42 $479.05 $479.05 $479.05 $479.05 % CHANGE 9.5% 9.5% 9.5% 9.5% EMPLOYER CONTRIBUTION POOLING CHARGE TOTAL EMPLOYER COST $ CHANGE % CHANGE $4,676,895 $ 324,011 $5,000,906 $5,122,003 $ 353,031 $5,475,034 $ 474,128 9.5% .,.,.,._.-,-~-,I.._-,_~._~,-""""..,..... , EXHIBIT E CITY OF BOYNTON BEACH: EMPLOYEE COST (PAYROLL DEDUCTIONS - 26 Per Year), Current Rates Current Plans Renewal FY 2006/2007 FY 2007/2008 1362 TYPE COVERAGE PPO 1 HMO 1 BlueOpt PPO 1 HMO 1 BluOpt 1 BluOpt Employee Only (696) $ 0 $ 0 $ 0 $ o $ 0 $ 0 $ 0 Employee/Spouse ( 82) $276.77 $211.52 $189.49 $303.11 $231.66 $207.52 $151.55 Employee/Children ( 74) $234.56 $179.24 $160.59 $256.88 $196.30 $175.87 $124.12 Emp/Spouse/Children (151) $362.72 $277 .26 $248.34 $397.24 $303.65 $271.97 $207.57 % CHANGE +9.5% +9.5% +9.5% % varies. ~ ,-n OI<- I . '\ ( \ , 1 Ul\ ):r 0\ IV J-;",' ....-./~ <r "'ON 0 VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to Citv Clerk's Office D April 17,2007 April 2, 2007 (Noon.) D May 1,2007 April 16, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office D June 19,2007 June 4, 2007 (Noon) July 3,2007 June 18,2007 (Noon) X July 17, 2007 July 2, 2007 (Noon) D August 7, 2007 July 16,2007 (Noon) NATURE OF AGENDA ITEM D AnnouncementslPresentations D Administrative X Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D UnfInished Business D r",) ~., (j, RECOMMENDATION: Motion to enter into a 2-year agreement with Sound Investments by J.W. Inc. dlbla PRODVD Makers to provide virtual tours of city facilities, at a rate of $120 per site (51 sites) totaling $6,120 plus $1,313.25 annual maintenance fee due at the beginning of year two. EXPLANATION: This marketing and revenue generating program utilizes the Internet to provide online interactive 3600 panoramic virtual tours of city locations while promoting city services and programs. PROGRAM IMPACT: Provides cost-effective means for marketing city services, programs, and special events to a world- wide audience via the Internet. Program includes revenue potential to the city through sale of banner advertisements. Program increases enrollment, attendance, and participation in city programs and events. Program promotes public awareness for services offered by the City of Boynton Beach. FISCAL IMPACT: (Include Account Number where funds will come from) The software provides 15-banner space for advertisement. Each site has the capability to spin 52 times giving the city the opportunity to sell advertisements for 780 sessions. For as little as $100 per banner spin, the city can sell valuable web presence generating at least $78,000 in revenue yearly. By working with the CRA and other jurisdiction such as the Chamber of Commerce, these banner spaces are a valuable commodity. Other municipalities in the state of Florida are already benefiting from the banner advisement. The following departments will participate in the project and have identified funding from their respective accounts: Police Department 001-2110-521-48-01 Fire Department 001-2210-522-52-65 Development 001-2411-524-48-01 Golf 411-2910-572-48-05 Public Works Admin. 001-2510-539-48-21 Engineering 001-2413-524-54-10 Forestry & Grounds 001-2730-572-49-17 Solid Waste 431-2515-534-47-10 Utilities 401-2821-536-49-17 Recreation 172-2712-572-48-05 Parks 001-2713-572-49-17 City Hall 001-1211-512-48-01 ALTERN A TIVES: By not proceeding with this program, citizens and other stakeholders will be deprived of an effective, convenient and efficient means of obtaining information about city programs and services. Departments will need to rely more heavily on word-of-mouth and other less pervasive, less reliable and more expensive marketing methods. Revenue generating opportunity from this program will be lost. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC !'" ;.~~,"'" / '\ , ' '\Jl \ \ i X 0,\ l'\ /0 ,.. ',~. .-./". ~ '::;- /'v ~'"'. ---,,-~\ Y ION '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM //\ , I/A<" ~' t.eC' :::/<'i~ Peter allace, Director ofI.T.S. InfOl: ation Technology Services --"" ~ --- < City Manager's Signature _.i/< . ..\- _.--~_.-- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R07- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT WITH 8 I SOUND INVESTMENTS BY J.W. INC., D/B/A PRO DVD 9 MAKERS TO PROVIDE VIRTUAL TOURS OF CITY 10 FACILITIES; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, this marketing and revenue generating program utilizes the Internet to 14 provide online interactive panoramic virtual tours of city locations while promoting city 15 services and programs; and 16 WHEREAS, the program will provide revenue potential to the city through the sale 17 of banner advertisements. It will also increase enrollment, attendance and participation in 18, city program and events; and 191 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF I 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. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby authorize and direct the City Manager and City Clerk to execute an Agreement with 26 Sound Investments by J.W. Inc., d/b/a PRO DVD Makers to provide virtual tours of city 27 facilities which totals $6,120.00 plus $1,313.25 annual maintenance fee due at the beginning 28 of year two, a copy of which is attached hereto as Exhibit "A", and incorporated herein by 29 reference. S:\CA\RESO\Agreements\Pro DVD Makers.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 3. That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of July, 2007. CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, City Clerk (Corporate Seal) S:\CA\RESO\Agreements\Pro DVD Makers.doc AGREEMENT THIS AGREEMENT is made this day of ,2007, by and between the CITY OF BOYNTON BEACH, FLORIDA (the "City") and SOUND INVESTMENTS BY J.W. INC. d/b/a PRO DVD MAKERS ("Contractor"). WIT N E SSE T H: WHEREAS, the City desires to engage Contractor's services to provide a virtual tour of the City's departments online and on DVD; and WHEREAS, the City has determined that it is in the public's interest to enter into an agreement with Contractor to provide a virtual tour and DVD of the City's Departments online and on DVD. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. Term. This Agreement shall be effective for a period of two (2) years from until 2. Services to be Performed. Contractor's duties shall include, but not be limited to the following: a. One (1) photographer (all raw digital photos on disk) b. Virtual Tours of all facilities mentioned (ultimate exposure package) c. Custom video/personalized DVD package d. Custom branding (logos, pictures, banners, flyers) e. Marketing partner banner ad spot 15 f. Information buttons (map button, city button, satellite view button, email button.downloadbutton.schoolsbutton.slideshow button, video button) g. Important text info section (located under each spin for important information or descriptions) h. Facility section (this will contain the address, phone number, email, website, contact person, and hours) I. Custom flyer button (this pulls up a printable information flyer) j. Link tour to City's website k. One (1) copy of each tour on CD I. Five (5) copies of each facility on custom designed DVD m. One (1) month of unlimited updates. n. Tour is good for one (1) year o. Provide all necessary materials and supplies. p. Provide all necessary labor. q. Provide all ancillary services necessary to accomplish the services outlined herein. 3. Parks and Facilities to be Filmed: 1. Barton Memorial Park 2. Boat Club Park 3. Civic Center Park 4. Boynton Beach Memorial Park 5. Boynton Lakes Park 6. Hester Park & Hester Center 7. Kids Kingdom Playground 8. Forest Hills Park 9. Galaxy Park 10. Hibiscus Park 11. Intracoastal Park and Intracoastal Clubhouse 12. Jaycee Park 2 13. Knollwood Park 14. Laurel Hills Park 15. Little League Park 16. Mangrove Nature Park 17. Meadows Park 18. Oceanfront Park 19. Palmetto Greens Linear Park 20. Pence Park 21. Pioneer Canal Park 22. Sara Sims Park and Cemetery 23. Southeast Neighborhood Park 24. Wilson Center Park & Wilson Center Pool 25. Fire Station 1 26. Fire Station 2 27. Fire Station 3 28. Fire Station 4 29. Golf Course 30. Library 31. Library Museum 32. Professional Dev. Madsen Center 33.Art Center 34. City Hall in the Mall 35. Senior Center 36. Sims Center 37. Tennis Center 38.Administration Building-City Hall 39. West Wing-City Hall 40. Police Department-City Hall 41. Utilities Administration-Woolbright 42. Utilities City Hall-Customer Service 43, EWTP 44.WWTP 45. Downtown Storm water Pond 46. Lift Station #317 47.911 Dispatch 48. Public Works & Solid Waste 49. Engineering 50. Forestry and Grounds 51. CIP Project *Addition of Facilities to this contract will cost the City $120 per Facility. *Subtraction of Facilities from the above list will save the City $120.00 per Facility. Subtractions must be done before the contract is signed off on. 3 4. Fees. The City shall pay the Contractor a total of Six Thousand One Hundred and Twenty Dollars ($6,120.00) for the services outlined in Section 2 above. Three Thousand 0 Hundred and 60 Dollars($3060.00) will be paid to Contractor within fifteen (15) days of execution of this Agreement and the remaining Three Thousand 0 Hundred and Sixty Dollars ($3060.00) will be paid within fifteen (15) days of completion of the Fourth Step of the Virtual Tour Process and services. Maintenance cost of One Thousand Three Hundred-Thirteen and 25 cents ($1,313.25) will be applied at the beginning of the second year for Service and Maintenance as well as re-uploading and hosting of the Virtual tours and DVD's. 5. Indemnity: Sovereian Immunity. Contractor shall indemnify and hold harmless and defend the City, its officers, employees and agents from any and all claims or causes of action that may arise out of the services to be performed by Contractor, including but not limited to attorney's fees and costs the City incurs at the trial or appellate levels. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. ~ 768.28. 6. Independent Contractor. Contractor IS an independent contractor. Contractor or its employees are not employees of the City and shall be responsible for all terms and conditions of employment including the payment of taxes as required by law. 7. Transportation/Travel/Accommodations. Contractor shall provide all transportation, travel, and accommodations. 4 8. Notices. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: Peter R. Wallace, Director of Information Technology Services City of Boynton Beach 100 E Boynton Beach BLVD PO Box 310 Boynton Beach, Florida 33425-0310 Contractor: James Arena, President Pro DVD Makers 552 S.E. 2ih Way Boynton Beach, FL 33435 9. Venue; Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Palm Beach County, Florida. 10. Modification. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein 5 shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 11. Entire Aareement. The forgoing instrument and the "Virtual Tour Project Price Proposal" is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. By: CITY OF BOYNTON BEACH, FLORIDA By: ATTEST: City Clerk City Manager Approved as to legal sufficiency and form: By: City Attorney WITNESSES: PRO DVD MAKERS By: Print Name: James Arena, President Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this , 2007, by He/She is personally known to me or has produced of identification) as identification. day of (type Notary Public - State of Florida 7 April 2, 2007 City of Boynton Beach Mr. Wallace P.O. Box 310 Boynton Beach, Florida, 33425-0310 Ref: City of Boynton Beach - Virtual Tour Project Price Proposal Dear Mr. Wallace Please review the proposal and keep in mind the magnitude of this project when comparing other companies' proposals. Other providers cannot ensure the credentials, equipment, or personal to complete and manage such a large project in a professional and timely manner. Summary Pro DVD Makers remains interested in providing our services to the City of Boynton Beach. After consulting, demonstrating, and presenting this technology and project to all of your departments, we feel that this proposal will address all of your needs and continue to show our commitment to accomplishing this task. Pro DVD Makers is uniquely qualified to address each section of the City of Boynton Beach's Request for Quote (RFQ) received on March 30, 2007. Pro DVD Makers is an experienced company that offers a full line of web-based tours and marketing. Pro DVD Makers is the first company to highlight a municipality's services and amenities. We understand the needs of local government and offer a way to increase their revenues while marketing assets like parks, recreation centers and public facilities. Section A. Tour Locations Parks and Facilities to be photographed: 1. Barton Memorial Park: 1110 N.W. 5th Street 2. Boat Club Park Clubhouse & Boat Club Park: 2010 North Federal Highway 3. Civic Center & Civic Center Park: 128 East Ocean Avenue 4. Boynton Beach Memorial Park: 1110 N.W. 5th Street 5. Boynton Lakes Park: 300 Boynton Lakes Boulevard 6. Hester Center & Hester Park: 1901 North Seacrest Boulevard 7. Kids Kingdom Playground: 129 East Ocean Avenue 8. Forest Hills Park: 2500 SW 8th St. 9. Galaxy Park: 301 Galaxy Way 10. Hibiscus Park: N.W. 7th Street and Ocean Drive 11. Intracoastal Park Clubhouse & Intracoastal Park: 2240 North Federal Highway 12. Jaycee Park: 2600 South Federal Highway 13. Knollwood Park: Lawrence Rd. and Nautica 14. Laurel Hills Park: NW 7th Street between NW 4th and 5th Avenues 15. Little League Park: 300 West Woolbright Road 16. Mangrove Nature Park: 700 N.E. 4th Avenue 17. Meadows Park: 4305 Meadows Boulevard 18. Oceanfront Park: 6415 North Ocean Boulevard, Ocean Ridge 19. Palmetto Greens Linear Park: 421 N.E. 13th Avenue 20. Pence Park: 600 S.E. 4th Street 21. Pioneer Canal Park: 848 N.W. 13th Avenue 22. Sara Sims Park and Cemetery: 209 N.W. 9th Court 23. Southeast Neighborhood Park: 2882 S.E. 2nd Street 24. Wilson Center Pool & Wilson Center Park: 311 NW 12th Avenue 25. Fire Station 1: 100 E. Boynton Beach Blvd. 26. Fire Station 2: 2615 West Woolbright Road 27. Fire Station 3: 3501 North Congress Avenue 28. Fire Station 4: 1919 South Federal Highway 29. Golf Course: 8020 Jog Road 30. Library: 208 S. Seacrest Boulevard 31. Library Museum: 129 East Ocean Avenue 32. Professional Dev. Madsen Center: 145 SE 2nd Avenue 33. Art Center: 125 SE 2nd Avenue 34. City Hall in the Mall: 801 N. Congress Avenue 35. Senior Center: 1021 S. Federal Highway 36. Sims Center: 311 NW 12th Avenue 37. Tennis Center: 3111 S. Congress Avenue 38. Administration Building: 100 E. Boynton Beach Blvd: City Hall complex (100 E. Boynton Beach Blvd) consisting of the City Manager's office, Finance, City Clerk, Risk Management, Human Resources, and ITS - West Wing at City Hall Complex (100 E. Boynton Beach Blvd.) consisting of the front Reception desk of Development, the admittance area of Permitting and Licensing, and the front reception desk of Planning and Zoning 39. West Wing at City hall 40. City Hall-Police Department: 100 E. Boynton Beach Blvd 41. Utilities Administration Building-reception area and building: 124 E. Woolbright Rd 42. Utilities City Hall-customer service: 100 E. Boynton Beach Blvd 43. EWTP: 1620 S. Seacrest Blvd. 44. WWTP: 5469 W. Boynton Beach Blvd. 45. Downtown Storm water Pond: E. Boynton Beach Blvd & Federal Hwy 46. Lift Station #317: Golf Rd and Military Trail 47. 911 Dispatch: 100 E. Boynton Beach Blvd 48. Public Works & Solid Waste: 222 NE 9th Ave. 49. Engineering: 100 E. Boynton Beach Blvd 50. Forestry and Grounds: 222 NE 9th Ave. 51. CIP Project: (refers to an additional city site to be photographed once determined.) Section B. Product Features n "'-, ." r" = !l~ n. !~;; ,J,~ (I' ^. ~ '.j ,~"" ~olI~li-kt.,.;;;Cl.U!.1~U Included with Virtual Tour Media Player: 30 Scenes (Maximum allowed per tour credit) (Stills, Panoramas, Jpegs.): 1. Custom banner in the top left hand corner. 2. Contact information as well as links to their E-mail and Web site. 3. A photo or image can be added to further customize and market each tour. 4. Instantly view more virtual tours by visiting the tour gallery. 5. A 60 second "Audio Biography" may be added to the tours 6. Professionally voiced premium audio can be added, with or without music. 7. Video - The Video button allows you to add a video clip to your virtual tour. 8. Slide Show - This wonderful slides how feature will highlight all of our snapshots. 9. E-mail button allows viewers to E-mail a link of the tour to family and friends. 10. The Download button allows viewers to download the tour as a program file. 11. The favorites button allows viewers to add this tour to the favorites section 12. Custom printable flyers and floor plans can be included with every tour. 13. Additional information about the City can be accessed on every tour. 14. Detailed information on public libraries as well as local and private schools is included. 15. Pro DVD Makers automatically maps the location of each tour. 16. An overhead aerial and satellite view is placed on every tour. 17. Mortgage Info - The mortgage info button allows you to calculate estimated mortgage. 18. The "Back/Next" button takes viewers from scene to scene. 19. The tour title is displayed in the upper left hand corner. 20. Pro DVD Makers makes navigating through tours very easy. Help is just a click away. 21. Each scene within the tour is accessible with our drop down shortcut menu. 22. Right of the tour window is reserved for the agency logo. 23. Detailed MLS information is included with every tour if needed. 24. The tour window is larger than other companies, without compromising download speed. 25. Tours have Hot Spots that can be customized. They give the viewer information and direction 26. Navigation buttons give viewers control over turning left, right, up, down, and zoom in or out. 27. The text box shows what room or scene the viewer is in. 28. Spinfo - This allows you to enter a text-based description of each scene. 29. The system allows the tour builder to add marketing partner banners in the top right. 30. Skin colors are customizable on every tour allowing you to fully personalize tours. 31. Hit Counter - allows you to check tour hit traffic at any time! Section C. - Scope of Services: 1. Year 1, acquisition price: $120.00 per tour x 51 total tours = $6,120.00 2. Year 1, Web hosting price: Included 3. Year 2, maintenance cost: $25.75 per facility x 51 facilities = $1,313.25 4. Trip/travel fee for tour re-shoot: $20.00 per facility (only charged per occurrence) 5. Price (per spin) for tour re-shoot: $5.00 per spin (only charged per occurrence) 6. Price per image for tour re-shoot:$5.00 per still (only charged per occurrence) 7. Price for uploading/placement per banner ad: $5.00 per incident involving the addition or removable of Banner ads ( Billed Monthly) 8. Maximum number of banner ads per tour: 15 9. Price per tour for CD; 30-pack: $30.00 10. Price for voice over audio clip per tour if City provides digital audio: Included 11. Price for voice over audio clip if vendor provides digital audio: Included 12. Price for continuous music per tour: Included 13. Tours will expire one year from the date they are uploaded; charges for maintenance fees and services rendered will commence upon the completion of the initial scope of services and the one-month of unlimited updates. Section D. Benefits of using Pro DVD Makers as your Full Service Dealer 1. Pro DVD Makers has the experience to get the project completed fast and maintain it efficiently as well as the credentials to continue to support the project. 2. Pro DVD Makers Photography uses a 9.1 mega pixel high quality cannon camera with a wide- angle lens ensuring excellent photograph quality. 3. Pro DVD Makers will provide you with all of the raw photography on a CD, and will print on the CD in full color, the City seal, the Title of CD, and content information for an easy point of reference. 4. Pro DVD Makers will provide you with one copy of each tour with the city seal printed on the CD in full color, Name of the Tour, date of Upload, username, and password making storage and filing easy. 5. Pro DVD Makers does not charge per scene, we give you the maximum allowed scenes available with one tour credit, 30 scenes (spins, stills or, Jpegs). 6. Pro DVD Makers will design and layout a custom banner and CD cover for the City of Boynton Beach. 7. Pro DVD Makers will provide the talent andlor recording studio for all vocal reads for this project. 8. Pro DVD Makers will provide the City of Boynton Beach with a monthly breakdown of all there tours activity and a button on every tour that will give the City access to this information at any time. 9. Pro DVD Makers will provide the City of Boynton Beach with access to a back end editing system for there tours where they will be able to change and adjust the contact info, logo, and banner. Section E. - Commitments 1. City of Boynton Beach retains the exclusive right to determine the usage, content and appearance of all banner ads appearing within the Real Tour Vision. 2. City of Boynton Beach retains the exclusive right to the application window for all tours specified by this proposal/agreement, except for the Realtor-vision button as the tour host, located at the bottom, and one position for Pro DVD Makers as the tour creator. 3. City of Boynton Beach retains the exclusive marketing and revenue rights for all banner ads appearing within the Real Tour Vision application window for all tours specified by this proposallagreement. 4. The City of Boynton Beach must provide all text descriptions and vocal scripts to be included with the tours to Pro DVD Makers. 5. The City of Boynton Beach must supply all graphics and logos for the custom banners and CD covers to Pro DVD Makers. 6. Pro DVD Makers will provide all original digital images to the City of Boynton Beach at no extra cost. 7. The Real Tour Vision application window will contain a link to a page providing online usage statistics of each tour. 8. All res hoots and updates must be booked and scheduled with Pro DVD Makers in advance. 9. Pro DVD Makers guarantees the quality of their product and will ensure the tours quality and photo sessions cover everything expected. Thank you for the opportunity to provide you with the highlights of Pro DVD Makers. We appreciate your continued interest in our services and guarantee your satisfaction. We look forward to hearing from you in the near future. VI.-CONSENT AGENDA ITEM C.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office D April 17,2007 April 2, 2007 (Noon.) June 19, 2007 June 4, 2007 (Noon) D May], 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) May 15, 2007 April 30,2007 (Noon) X July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) ...1 D AnnouncementslPresentations D City Manager's Report - NATURE OF D Administrative D New Business 1'..") - AGENDA ITEM D C.i'\ X Consent Agenda Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outsiae the city Limits with Rambler Financial Group Inc for the property at 1069 Highland Rd, Lantana, FL (Ridge Grove Lt 64). 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 improvements constructed by Palm Beach County as part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None AL T~'r',A ~I"':fN. Ny ne.~ -,,~ml ~')f"'"" the UtiliH., ,ervioo area. I ) /J li..tr ~vu---z/ 1- ~ Department Head's Signature City Manager's Signature Assistant to City Manager Department Name =~- UTILITIES City Attorney! Finance Attachments XC: "peter Mazzella File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R07- 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 8 CITY OF BOYNTON BEACH AND RAMBLER 9 FINANCIAL GROUP, INC; PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 1069 Highland Road, Lantana, Florida (Ridge Grove 15 Lot 64); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the San Castle/Ridge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 'vicinity, allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 to execute a Water Service Agreement between the City of Boynton Beach, Florida and 29 Rambler Financial Group, Inc., which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. S:\C A \RESO\Agreements\Water Service\Ramb1er Water Service Agreement.doc , I I I 1 2 3 PASSED AND ADOPTED this _ day of July, 2007. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Mack McCray 20 21 22 Commissioner - Carl McKoy 23 Attest: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) S:\CA \RESO\Agreements\Water Service\Rambler Water Service Agreement.doc T!-IIS INSTRUMENT PREPARED BY: Jamc~; .'\. Cherof, Esquire (Joreaherof, Doody & Ezrol, P A. 3099 bast Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION TillS AGREh:;NT made on this ~ of S une- ,2002 by and between ~PrM (!J_J?1l ,hJGlkL Gf!.o (Name of Corporation), hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I . The City agrees to provide Customer with water service from its Municipal Water System to service the real property descnbed as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are / t D Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf 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 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 ofthis property ofthis covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferee, 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 prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event 2 there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boy;.:otts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnifY, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation lll1der 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) 3 p;;; 3 \\!it~ss ~~ture '- l'i/(4./G &fIfN~ Printed Witness Name Print Name and Title ~)~~ftJ-~-~ Witnes~ Signatute __ IJlI(lelfif1cfZT S-WT I'tN IE LL--O {CORPORATE SEAL} I Printed Witness Name ~~-tn Secretary ~~ .~~ -KIC\o\/MlD 't-\. L,,\~~ I Print Name FOR CORPORATE NOTARIZATION: STATEOF f\~LVr1 ) )ss' COUNTY OF {PrlrYl ~8tt-u-- ) . \\,,,11 \ \1111/ I II Illll ~,,\\\\ ~NC/4 IIIIII/. ~~,~ ..........1.. Q~z ~ ~'... POR -. 'l ~ "f"\.o. '4;:. ~~. 'rt-".. v~ '7/ .-~ ~ %i" Cj ~...o~ ~-J[ SEAL \C~ _ ,-n . .~-o _ - '"'"' . 200 .- ~~... 0.:, g %~....~I.OR\~~ .~<$ ~_~ 9_.. .v.... ."J'f:::'::::;' ~ ......... -~ ~//, * \\\\~' '111111/111I 1\1\1\\\\\\ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Comty aforesaid to take acknowled~s, personally appeared ~ id/\'lt:~(\ ~\. li\lc~~h\~ Pt!/f,IOI;Y1" of K.4u.J4ell hNlW'-fk ~named in the foregoing agreement and he/she acknowledged executing the same in the presence of two subscribing witnesses freely and volmtarily mder authority duly vested in him/her by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. t WItness my hand and official seal in the ~and Stat ~ afi)oresaid this 1--- day of _NE , 200}. ---l/ ~ NOT MY J}UBLIf N/{~L{. 5H~~ . Printed Name My Commission Expires: 0 -..5 c .-0 ~ 4 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation By: Kurt Bressner, City Manager ATTEST: STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH) r:~~ \\\\,,"1111111///1/// ! #"" p..N C l..q //////// ~~~,~ ........ f.. 'l ~ ~'... po.... t':'\.~ $f(l:- ....r'\~ R/'";:.~;.:...~ ~ . r~ '7/ . Y- ...... ~/,. · 'V ..,<.' 0::" ~::J[ SEAL\'\\C~ :ID. ':-0== % ~~\ 2000 r;.. ff ~ .. ~." .:::: ~ ". <0 R\\)~""^~ ~':: ~ .... ... "".J ~ . ~ ... ...... ~. ~ * -,;;; . '/;II/. \\\,\ -,',- '1111/11/1 111\\1\\\\\\ City Clerk (SEAL) Approved as to Form: City Attorney 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 Connnission Expires: S:\CA\AGMTS\Water Service\Water Service Agreement (Corp) - Rev 090205.doc/rev. 1-6-06 H:\1990\900182.BB\AGM1\Water Service Agreement (Corp) - Rev 090205-rev 1~-06.doc 5 Palm Beach County Property Appraiser Property Search System Page I of 1 location Address: HIGHLAND RD 1...IIIIIIMlilJdl Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0640 Subdivision: RIDGE GROVE IN Official Records Book: 14387 Page: 1924 leaal Description: RIDGE GROVE LT 64 Sale Date: Nov-2002 Owner Information Name: RAMBLER FINANCIAL GROUP INC 188~.1 Mailing Address: 1365 SW 7TH ST BOCA RATON FL 33486 8464 Sales Information Sales Date Book/Page Dec-2001 14387/1924 13317/0313 Price Sale Type $37,500 WA RRANTY DEED Owner Nov-2002 RAMBLER FINANCIAL GROUP INC $1 QUIT CLAIM MARCINKOSKI RAY A 8r. [Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: land Value: Total Market Value: 2006 2005 2004 $32,342 22,897 $20,585 $35,917 23,323 $12,815 $68,259 46,220 $33,400 Tax Year 2006 Number of Units: 1 *Total Square Feet: 400 Acres: 0.0843 !J~JL~de: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. A d dT bl V I ssesse an axa e a ues Tax Year: 2006 2005 2004 Assessed Value: $68,259 $46,220 $33,400 IWJ~~I Exemption Amount: SO SO $0 Taxable Value: S68,259 S46,220 S33,400 Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 2004 $651 191 842 1~1 liliiliNl_:&fltaII',l\i\kWiiiii.1 Tax Collector WebSite ~~l ~~~ 1.4illjji._~~".ib",,~J NOTE: lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. Record Search I Exemption E-File I Information I Exemptions I Community I Employment I New Home Buyer I Office Locations Value Adiustment Board I Save Our Homes I Senior Corner I Disclaimer Home I Links I Giossary I E6Q I Forms I Contact Us I PAPA @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.f1.us/papa/aspx/web/detail_info.aspx?p _ entitr004345090800~ ~8d; THIS !NST!" it.''l'n PREPARED BY' JaO'i' Esquire Beach i (,\ .,,01> Beach Blvd. Boynton. Beach, Florida 33425 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA COUNTY OF PALM BEACH I, KICk flQl> N" L\ if ,~^,-" as Corporate Representative of ~kr ); i1J1 f\{)k ~eremafter "Grantee", hereby make, constItute, and appomt 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 descnbed 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.: DO ~Lf3~~ ~ - D7/02-t/DO /'O/oIjD The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, j::A, shWl ,::~ili:~:rs::::th~~:;s:udhee:~o::Je:G= day of IN WITNESS WHEREOF, we have hereunto set our hands and seals the 1 day of 110- , in the year 20~. Sealed and delivered in the presence of ~" W -"., '!\~ ., '//,'/~ ~"A5.; . ....~. i'~% # ~M~P01i'..".:~. Corporate Seal: ~~"t;I ~ ~ ~ ~ ~[ ~EAL \ -:: STATEOF r(~f-- J)ft) ~~ \ ~OOO :1 $ ) SS --,./ ..^ rn' ~ G' :;::> : ~ ,,?'" l 0 ~'" ~ COUNTY OF fA \ ~f) DCI\ '-I---). 1 ~ ........~,~,....~.. ~ /"~~ ~ ~ "I 'fII!11111~ ~\\\\\\'\ I HEREBY CERTIFY that on this day, before ,--an officer' autho~ the State aforesaid and in the County aforesaid to take acknowle<!gments, personally appeared !.,ClI1M6 &ltllNlUrOlJe as PilbfIJL.wJ" of ~ h;lJfNlitk. (~&"L I' named in the foregoing agreement and that he/she acknowledged executing the same in the presence of two subscnbing witnesses freely and voluntarily under authority duly vested in himlher by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. ~~~~~ /1,1 tflC {d r( fl'T S'klJi MJ iiiL?::tJ Print Name /' i Witness Signa e (\ "- JiiC'ej L'I, LJ Print Name K rF>i-7t/G "'AJ.JG\~ ~ Print Name and Title: (2ICtrf~ D N Gv'j ~ s 71H'l'-<.. ( r,...:; , c:l ~ ......"'t- . ATTEST Secretary J.. , ~itness my hand and official seal in the C. Qunty and State last aforesaid this L day of 'v\)v~ ,2oC1V /'/ ( (\ 'f, . l / \. 'J i, / vt ~t/ ( i"l'.A'[ ..J NOttY PUBIAC ( C0 (L ~ t/l!'--, ~ Printed Name My Commission Expires: 1):7 - "..., I) I' -~ -..) '-u~ S:\CA\AGMTS\ Water Service\Power of Attomey-Corp. 1-6-06.doc H:\1990\900182.BB\AGMfIPowa of Attomey-Corp )-<Hl6.doc Department of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 (561) 233.5000 Planning Division 233.5300 Zoning Division 233.5200 Building Division 233.5100 Code Enforcement 233.5500 Contractor's Certification 233.5525 Administration Office 233.5005 Executive Office 233.5003 www.pbcgov.com/pzb . Palm Beach County Board of County Commissioners Tony Masi1otti, Chairman Addie L. Greene, Vice Chairperson Karen T. Marcus Jeff Koons Warren H. ]\;ewell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" ADDRESS VERIFICATION The address 1 069 Hiqhland Rd has been verified as being CORRECT by the Planning, Zoning & Building Dept., Addressing Section for the property described as follows: peN: 00-43-45-09-08-000-0640 Ridqe Grove Lot 64 Please call the Addressing Dept. with any questions at (561) 233-5316. Verified/E-mailed by: Sean MacDonald Addressing Technician October 18, 2005 Date A-..r.tTiCLES OF INCORPORATION In compliance with Chapter 607 and/or Chapter 621, t'.S. (Profit) ARTICLE I NAME TIle name of the corPoration shall be: Rambler Financial Group Inc. ARTICLE iI PRINCIPAL OFFICE The principal place ofbusinesslmailing address is: 511 SE 1 Avenue Boynton Beach, FL /' cf>. '6 Y'.: 0":' ~ c:. 0. 8 --0-\ \ /J "/ -1\ -v (0 r_ .~...--' ~ ~-.J" ~ .--' .~ (~ ~:.:=~ --- --- ':1\ , ..--: ;J;. "....' .> 33435 ---- . cP .' c.) U'"' ARTICLE m PuRPOSE The purpose for which the corporation is organized is: Real Estate Investment. ARTICLE IV sHARES The tnui1ber of shar~ of stock is: 50 A.itnC1.E V INITIAL OFFICERS/DIRECTORS (optional) The natne(s) and address(es): Richard Noel Livingstone / president 1365 SW 7 street Boca Raton, FL 33486 AltTICLE VI REGISTERED AGENT TIle Dame alid Florida street address of the registered agent is: Richard Noel Livingstone 511 SE 1 Avenue Boynton Beach, FL 33435 ARTiCLE VIi INCORPORATOR The Dame and address of the Incorporator is: President Richard Noel Livingstone 1365 Sw 7 street Boca Raton, FL 33486 ...............***......**................................***..*.*.*...**.*..* . red tigeriJ 10 accept service of process for the llhove Stlzted cOf1X?raIion III the place designated in this witli 'ccep' e tippointment lIS registered IIgeni 11M IIgree to 1Ie1 in this Cllp4CUy 11/15/00 Date 11/15/00 Dale ... 1 in. = 91.1 feet 02280227az26 250. 2230. 2220. 220.0. 2180. 0.30. 20.40. 20.60. 20.70. 20.90. 211 al12o. 2130. 2141 2160. "- HIGIDllEWRD ~, 1690. 168016701660165 1622 1610. 160.015901580. 1560. o.OO69Q)68oo67oo66006500688383ttJ620061 0060.00590.0.571 0.560. . 'I I , - - --- - - - I I I 10. 0.420. o.44oo45Q)46o.o.47o. 0.481 0.491 0.51 Q)5Q.83a>54~55o. I , 00390. 0.370. 0.360 I I I I P32 ('VAlID o.28Q)27Q}26o. 0.330. i 0. 0.170. 0.190. 0.20.0. I I I I 0.220. o.24Q)25o. 1561 Mi7i \ \~ /. :. ~', . ,,/ ' -~......... ----~.,"\ . I Location - 1069 Highland Rd I' Railroads Tax Parcels 2005 LOT Labels o Tax Parcels 2003 LOT Labels o Tax Parcels 2002 LOT Labels . Water Points (Manatee Bay) . Water Valves (Manatee Bay) Sewer Unes Sewer Unes (Manatee Bay) I' Water Mains I' Water Mains (Manatee Bay) I' Street Centerlines STREET Labels , Streets (Manatee Bay) . hydranLequipmentprjSP _Proje TRSgrid Water o utility Service Area VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City COlmnission Date Final Form Must be Turned Requested City Conunission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May I, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30, 2007 (Noon) [8j July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July 16,2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrati ve 0 New Business AGENDA ITEM [8j Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve Resolution No. R07-_ approving and authorizing entering into contract with Thomas W. Ruff South Florida for the purchase of office furnishings, quote #102931 [Exhibit A] for the Boynton Beach City Library in the amount of$85,364.73. EXPLANA TION: The stated office furnishings will be purchased for several Administrative Offices, Reception, Customer Services, Technical Services, Processing, Cataloging, Reference, four Conference Rooms and Staff Lounge. SteeIcase furniture is a good quality, mid-level type furniture that should stand the test of20-30 years time. The discount pricing used is directly taken using Florida State Contract Pricing, Contract #425-001-06-1 [Exhibit B]. The actual discount for each item is listed on the quote. The individual unit pricing of each desk, table, chair, credenza, etc., includes administrative costs that includes design & planning services and CAD shop drawings. Handling, delivery and installation is listed separately at the end of the quote. Lockers and locker installation is listed separately at the end of the quote. PROGRAM IMPACT: These furnishings will provide for a safe, ergonomically efficient work environment for Library Staff in the new library. FISCAL IMPACT: Funds will be expended from the Library Donations. AL TERNA TIVES: Do not purchase office furnishings. i4~J City Manager's Signature "";'''''''t9. 'l,;ty ~"'i!'ge,- ~. . ( dJ!JjtW-kU{4i~ City Attorney / Finance L/~ Depa nt Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 28 1 2 3 RESOLUTION NO. R07- 4 5 A RESOLUTION OF THE CITY OF BOYNTON 6 BEACH, FLORIDA, APPROVING AND 7 AUTHORIZING THE CITY MANAGER TO 8 EXECUTE A CONTRACT WITH THOMAS W. RUFF 9 SOUTH FLORIDA IN THE AMOUNT OF $85,364.73 10 FOR THE PURCHASE OF OFFICE FURNISHINGS 11 FOR THE BOYNTON BEACH CITY LIBRARY; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the construction of the new City Library will require new furnishings 16 for several Administrative offices, Reception area, customer service area, processing, 17 cataloging, conference rooms, etc; and 18 WHEREAS, the discount pricing used IS directly taken usmg Florida State 19 Contract Pricing, Contract #425-001-06-1; and 20 WHEREAS, the furnishings will provide for a safe, ergonomically efficient work 21 environment for Library staff in the new Library; and 22 WHEREAS, City staff recommends to the City Commission that it approve and 23 authorize the City Manager to execute a contract with Thomas W. Ruff South Florida in 24 the amount of $85,364.73 for the purchase of office furnishings for the Boynton Beach 25 City Library. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon S:\CA\RESO\Agreements\Thomas Ruff Office Furniture.doc adoption hereof. 2 Section 2. The City Commission of the City of Boynton Beach, Florida, 3 hereby approves and authorizes the City Manager to execute a contract with Thomas W. 4 Ruff South Florida in the amount of $85,364.73 for the purchase of office furnishings for 5 the Boynton Beach City Library, a copy of which is attached hereto as Exhibit "A". 6 Section 3. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED this __ day of July, 2007. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ATTEST: 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner -- Mack McCray Commissioner - Carl McKoy S:\CA\RESO\Agreements\Thomas Ruff Office Furniture.doc BOYNTON BEACH CITY LIBRARY 208 South Seacrest Blvd Boynton Beach, Florida 33435 Craig B. Clark, Library Director Phone (561) 742-6380 FAX (561) 742-6381 www.boyntonlibrary.org TO: Bobby Jenkins, Asst. Finance Director r r)V' FROM: Craig Clark, Library Director~ 01 DATE: July 9, 2007 J RE: Library Office Furnishings The office furnishings will be purchased for several Administrative Offices, reception area, Customer Services, Technical Services, Processing, Cataloging, Reference, four Conference Rooms and Staff Lounge. Steelcase furniture is a good quality, mid-level type furniture that should stand the test of 20-30 years time. These furnishings will provide for a safe, ergonomically efficient work environment for Library Staff in the new library. In comparison, Delray Public Library paid more than $200,000 for office furnishings for their 48,000 sq. ft. library. Delray staff chose Herman Miller, a high-level office furnishings manufacturer. The Boynton Beach City Library cost will be just over $85,000 for 63,000 sq. ft. Staff went with a trimmed down version of the original quote of $91,000. There was also a small price increase of about 4% since the original quote. Ail of the current furniture is from the 1960s, 70s and 80s. The furniture is extremely worn and is not ergonomically sound or safe for staff use. An evaluation of furnishings was completed by Chuck Magazine, Risk Manager recommending the replacement of all office furnishings. Thomas W. Ruff Company was used by our City Utilities Department a few yearsago using State Contract Pricing and recommended by our Procurement Department. If you have any additional questions, please contact me at 6392. The Boynton Beach City Library provides our customers with the highest quality informational resources and personal service EXHIBIT A . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 1 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD QUOTE TO: PURCHASING DEPARTMENT CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD PO BOX 310 Boynton Beach, FL 33425-0310 SHIP TO: CRAIG CLARK BOYNTON BEACH CITY LIBRARY 208 S. SEACREST BLVD. Boynton Beach, FL 33435 P: 1.561.742.6320 P: 1.561.436.0621 Terms: NET 10 DAYS Sales Loc.: WEST PALM BEACH Unit Extended Line Quantity Catalog No. I Description Price Amount BEG Subsection DIRECTOR - OFFICE 146 1 1. 00 TS5AEW4272L STEEL CAS 403.75 403.75 DESK-SINGLE PEDESTAL,LH,BOW 1,025.00 FRONT,42X72 60.61% BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM PED OPTS *OPT:SINGLE PED OPTIONS B/B/F PD BOX BOX FILE PED EDGE *OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE Tag For: 42/71 2 1. 00 TS5AEBR2442 STEELCAS 98.47 98.47 BRIDGE-EXECUTIVE,24X42 250.00 60.61% BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * EDGE *OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE Tag For: 42/24 3 1. 00 TS5AECL472R STEELCAS 413.99 413.99 CREDENZA-EXECUTIVE,SINGLE 1,051.00 LATERAL FILE,RH,24X72 60.61% BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS I ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 2 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B :::I':'D1<: TATIANA MOWREY/NAD RIBBED Catalog No. I Description STD:RIBBED EDGE PROFILE Unit Price Extended Amount Line Quantity Tag For: 72/2<: 4 1.00 TS5AECCL472 STSELCAS CREDENZA-EXECUTIVE,LATERAL FILE RH,DBL DOOR LH,24X72 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE 'OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE 95.92 1,259.0[: ErJ.61 Tag For: 72/24 5 1.00 TS5ARKMW STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT 1D8.32 108.32 275.00 60.6H 6 1.00 TS5AEOH72 STEEL CAS 309.2_ 9.;' ] CABINET-EXEC, OVERHEAD STORAGE, 4 DOORS,72 BASIC : 265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LFL OPTIONS * * OPTIONS * * EDGE 'OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE Tag For: OS/72 785.00 60.61 1.00 TS5AEL436F2 S':'EELCJ.l~S ~ 3 S . ~. / ([-::> LATERAL FILE-EXECUTIVE, FREESTANDING,2 DRAWER,24X36 BASIC : 265L JV'iliRBLED CHERRY LPL TOP-SURF:265L JV'iliRBLED CHERRY LPL OPTIONS . * OPTIONS * * PULL OPT 'OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE 'OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE 848. 60. tll 1. 00 TS5AWM STEELCA2 ~ . t::' 1: .82 WIRE MANAGER-PAYBACK,FIELD INSTALLED 9 2.00 98768 STEEL CAS 8. c.<: 28. 60. :0 }7.Ci8 TRl'.Y-CABLE STORAGE, 2X24X2-1 /2 10 1.00 TS5ATB72 STESLCAS TACKBOARD-STRAIGHT,72X17 ~~4 . :.4 ~4 . :,4 24C.OC' 6G.El TKBD :P122 ENTASIS ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida' 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 3 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Tag For: TB/72 Catalog No. I Description Unit Price Extended Amount 11 1.00 LSM48K STEELCAS LIGHT-SHELF,ELEK BALLAST,32 WATT,LAMP,9' CORD/49W 104.24 342.00 69.52% 104.24 Tag For: TL/49 12 1.00 TS5AESW2465 STEELCAS CABINET-STORAGE,EXEC,WRDB RH, 4 ADJ SHELVES LH,24X36X65 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM DOOR OPT *OPT:DOOR OPTIONS LOCK DOOR WITH LOCK EDGE *OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE Tag For: SC/36 628.27 1,595.00 60.61% 628.27 13 1.00 46216179 STEELCAS CHAIR-LEAP/ADJ SEAT,UPH 491.98 1,249.00 60.61% 491.98 PLASTIC :6249 PLATINUM SOLID UPHLSTRY:5FI0 GRAPE OPTIONS * * OPTIONS * * ARMS *OPT:ARM OPTIONS LEAP H/W/P/D STD:H/W/P/D ARMS LUMB OPT *OPT:LUMBAR OPTION LUMBAR STD:LUMBAR Tag For: C3A 14 2.00 TS30807 STEELCAS CHAIR-CREW, GUEST,ARMS, GLIDES 160.65 361.00 55.50% 321.30 FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED Tag For: C16B Subs ction Sub Total FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT 3,832.92 0.00 3,832.92 (Included In Grand Total) ubsection Total END Subsection DIRECTOR - OFFICE 146 BEG 15 Subsection OFFICES WITH "P" TOP - OFFICES 130,138/140,143,144,145,168,173 6.00 TS5APM4272L STEELCAS 241. 07 1,446.42 I ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t 561 840.8600 f: 561840.1873 Page 4 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 10293~ 07/02/07 PLAN 3 CI,014 TATIANA NOWREY /NI\D Line Quantity Catalog No. I Description WORKSURFACE-P SHAPE,FRSTD, CONF SURF LH,NODESTY PNL,42X72 BASIC : 265L MARBLED CHERRY LPL LEGS :4799 PLATINUN NETALLIC TOP-SURF: 265L MARBLED CHERRY !oPL OPTIONS .. OPTIONS . . EDGE 'OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE Tag For: 72/42 Unit Price 612.00 EO . 6~ Extended Amount 16 2.00 TS5APN4272R STEELCI'.S 241. 'J :2.14 WORKSURFACE-P SHAPE,FRSTD, CONF SURF RH,NODESTY PNL,42X72 BASIC : 2 65L MARBLED CHERRY LPL LEGS :4799 PLATINUN NETALLIC TOP-SURF:265L MARBLED CHERRY LPL OPTIONS . * OPTIONS * * EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE 612.00 f,,J.615t Tag For: 72/42 17 8.00 TS5ABR2442 BRIDGE-24X4:2 STEELCAS , .~ 3.84 217.0C 60.6~ BASIC :265L NARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * EDGE 'OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE Tag For: 42/24 18 6.00 TS5ACS247:2L STEELCAS 312. t ,f;i6.5E CREDENZA-SINGLE PEDESTAL, LH,24X72 BASIC :265L NARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS . * OPTIONS * . PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUN PED OPTS 'OPT:SINGLE PED OPTIONS B/B/F PO BOX BOX FILE PED EDGE *OPT:EDGE PROFILE OPTIONS MED PLY NEDIUN PLYWOOD EDGE PROF Tag For: 72/24 ;9'-:;. .61 19 2.00 TS5ACS2472R STEELCAS CREDENZA-SINGLE PEDESTAL, RH,24X72 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L ~illRBLED CHERRY LPL OPTIONS .. OPTIONS . . PULL OPT 'OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUN -' -"- L. . -7 E 625. S:2 794.0C 6D.61f ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida' 33404 t: 561 840.8600 t: 561 840.1873 Quotation Page 5 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD PED OPTS B/B/F PD EDGE MED PLY Tag For: 72/24 Catalog No. I Description *OPT:SINGLE PED OPTIONS BOX BOX FILE PED *OPT:EDGE PROFILE OPTIONS MEDIUM PLYWOOD EDGE PROF Unit Price Extended Amount Line Quantity 20 7.00 TS5AL436F2 STEELCAS LATERAL FILE-FREESTANDING, TWO DRAWERS,24X36X29 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE 290.30 737.00 60.61% 2,032.10 21 8.00 TS5ARKMW STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT 108.32 275.00 60.61% 866.56 22 7.00 TS5ASMD72 STEELCAS CABINET-STORAGE, OVERHEAD, CREDENZA,4 DOORS,16X72X36 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * EDGE *OPT:EDGE PROFILE OPTIONS MED PLY MEDIUM PLYWOOD EDGE PROF Tag For: OS/72 281. 24 714.00 60.61% 1,968.68 23 7.00 TS5AWM STEELCAS WIRE MANAGER-PAYBACK, FIELD INSTALLED 11.82 30.00 60.60% 82.74 24 8.00 98768 STEELCAS TRAY-CABLE STORAGE,2X24X2-1/2 8.54 28.00 69.50% 68.32 25 7.00 TS5ATB72 STEELCAS TACKBOARD-STRAIGHT,72X17 94.54 240.00 60.61% 661.78 TKBD : P122 ENTASIS Tag For: TB/72 26 7.00 LSM48K STEELCAS LIGHT-SHELF,ELEK BALLAST, 32 WATT, LAMP, 9' CORD,49W 104.24 342.00 69.52% 72 9.68 Tag For: TL/49 27 6.00 TS30822U STEELCAS 348.44 2,090.64 I ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t 561 840.8600 f: 561 840.1873 Page 6 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B :::r;C:L4 TA'TIANF" "10WREY /NAC Unit Extended Line Quantity Catalog No. I Description Price Amount CHAIR-CREW,TASK,SEAT DEPTH, 783.00 HGT/WD ADJ T-ARMS, UPH OUT BK 55. 50s, FRAME :4799 PLATINUM METALLIC UPHLSTRY: 5FlO GRAPE Tag For: U/OUTER Qty Descrip-:ion - ROOM 140 1 ROOM 143 1 ROOM 144 1 ROOM 145 1 ?,001~ 168 1 ROOM :L 73 28 1. OC TS308220 STEELCP"S 348.43 3"8.43 CHAIR-CREW,TASK,SEAT DEPTH, 783.8C: HGT/WD ADJ T-ARMS, UPH OUT BK S5. ~ FRAME : 4799 PLATINUM METALLIC UPHLSTRY: 5 F02 ORANGE Tag For: U/OUTER Qt:y Description 1 ROOM ; 30 29 1. 00 TS30822U STEEL CAS 348.4:; 348.43 CHAIR-CREW,TASK,SEAT DEPTH, 783.0 HGT/WD ADJ T-ARMS, UPH OUT BK =,:'.50 FRAME :4799 PLATINUM METALLIC UPHLSTRY: 5 F04 RED Tag For: U/OUTER Qt:y uescript:ion 1 ROOM ~38 30 2.00 TS30807 STEELCAS " . 6~ :L .30 CHAIR-CREW, GUEST,ARMS, GLIDES 6:' . CJG 5='.50 FRAME :4799 PLAT:::NUM METALLIC UPHLSTRY: 5FI0 GRAPE Tag For: el6B Qty Description 2 ROOM 130 31 6.00 TS30807 STEELCAS ~ E3.90 CHAIR-CREW, GUEST,ARMS, GLIDES 361. iO 5 . ~ FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F02 ORP"NGE Tag For: el6B Qty Description 2 ROOM 138 2 ROOM 144 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DAlE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Quotation Page 7 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Unit Price Extended Amount 2 ROOM 145 32 8.00 TS30807 STEELCAS 160.65 361.00 55.50% 1,285.20 CHAIR-CREW, GUEST,ARMS, GLIDES Tag For: FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED C16B Qty 2 2 2 2 Description ROOM 143 ROOM 168 ROOM 173 ROOM 140 33 1.00 TS218365 STEELCAS LATERAL FILE-LIFT UP DOOR, SHELF,4 DWRS,18X36X65 1/2 BASIC :4799 PLATINUM METALLIC LOCK :9201 POLISHED CHROME KEYS :SK PLUG OPTIONS * * OPTIONS * * WGHT PKG *OPT:COUNTERWEIGHT PKG WEIGHT COUNTER WEIGHT PKG Tag For: Qty Description 1 ROOM 143 452.12 1,178.00 61 . 62 % 452.12 Subs ction Sub Total FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT 17,334.36 0.00 (Included In Grand Total) ubsection Total 17,334.36 END Subsection OFFICES WITH "P" TOP - OFFICES 130,138,140,143,144,145,168,173 34 Subsection SMALL OFFICES - OFFICES 137,142, 152,171, 182,183,184, 189 1.00 TS5ADP3072 STEELCAS DESK-DOUBLE PEDESTAL,30X72 300.94 764.00 60.61% 300.94 BEG Tag For: BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM PED OPTS *OPT:DOUBLE PED OPTIONS B/F PEDS STD:2 BOX FILE PEDS 72/30 Qty 1 Description ROOM 142 35 1.00 TS5APM4266R STEELCAS 232.79 232.79 I ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 t: 561840.1873 Page 8 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Unit Extended Line Quantity Catalog No. I Description Price Amount WORKSURFACE-P SHAPE,FRSTD, 591.00 CONF SURF RH,MODESTY PNL,42X66 60.61 BASIC :265L MARBLED CHERRY LPL LEGS :4799 PLATINUM METALLIC TOP-SURF:265L MARBLED CHERRY LPL Tag For: 66/42 Qty Description 1 ROOM 171 36 1. 00 TS5ARS2436 STEELCAS 107.93 7.93 SHELL-DESK,RECTANGULAR,24X36 2;4.00 60.61'0; BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL Tag For: Qty Description 1 ROOM 137 37 4.00 TS5ASP3066L STEELCAS 237.92 ::;:)1.6E; DESK-SINGLE PEDESTAL,LH,30X66 604.00 .61": BASIC : 2 65L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PL;~T HJI.NDLE PULL PLJI.TINml Tag For: 66/30 Qty Description 2 ROOM 184 ~ ROOM 182 " ROON 189 38 2.00 TS5ASP3066R STEELCAS 237.92 ~"75.B4 DESK-SINGLE PEDESTAL,RH,30X66 604.00 60.61~ BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HJI.NDLE PULL PLJI.TINUN Tag For: 66/30 Qty Description 1 ROOM 183 1 ROOM 189 39 1. 00 TS5ABR2442 STEELCAS 85.48 .4 B BRIDGE-24X42 217.00 60.61% BASIC : 265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL Tag For: 42/24 Qty Description ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 9 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Unit Price Extended Amount 1 ROOM 171 40 Tag For: 1.00 TS5APM4272L STEELCAS WORKSURFACE-P SHAPE,FRSTD, CONF SURF LH,MODESTY PNL,42X72 BASIC :265L MARBLED CHERRY LPL LEGS :4799 PLATINUM METALLIC TOP-SURF:265L MARBLED CHERRY LPL 72/42 Qty 1 241.07 612.00 60.61% 241.07 Description ROOM 171 41 1.00 TS5AR2060L STEELCAS RETURN-DESK HEIGHT,LH,20X60 220.19 559.00 60.61% 220.19 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM Tag For: 60/20 Qty Description 1 ROOM 189 42 1.00 TS5AR2060R STEELCAS RETURN-DESK HEIGHT,RH,20X60 220.19 559.00 60.61% 220.19 Tag For: BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM 60/20 Qty 1 Description ROOM 189 43 2.00 TS5AR2448R STEELCAS RETURN-DESK HEIGHT,RH,24X48 200.10 508.00 60.61% 400.20 Tag For: BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM 48/24 Qty 1 1 Description ROOM 152 ROOM 228 44 2.00 TS5AL436F2 STEEL CAS 290.31 580.62 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Page 10 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Unit Extended Line Quantity Catalog No. I Description Price Amount LATERAL FILE-FREESTANDING, 737.00 TWO DRAWERS, 24X36X29 6C. . 61 BASIC : 2 65L MARBLED CHERRY LP1, TOP-SURF:265L MARBLED CHERRY LPL OPTIONS + , OPTIONS + + PULL OPT +OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUI~ EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE Tag For: Qty Description 1 ROOM 100 J"- 1 ROOM 228 45 2.00 TS5ACS2472L STEELCAS 312.76 5.52 CREDENZF.-SINGLE PEDESTAL, -794.00 LH,24X72 60.61 BASIC :265L JV'JlRBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS + , OPTIONS , + PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUl~ PED OPTS *OPT:SINGLE PED OPTI01\~ B/B/F PD BOX BOX FILE PED EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE Tag For: 72/24 Qty Description - ROOM 173 ~ ROOM 228 46 1.00 TS5ARS2472 STEEL CAS 13t!.2E ..2 t SHELL-DESK,RECTANGULAR,24X72 35_.00 .6~" BASIC : 2 65L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS + , OPTIONS + , EDGE +OPT:EDGE PROFI LE OPTIONS FLAT STD:FLAT EDGE PROFILE Tag For: 72/24 Qty Description - ROOM 189 47 7.00 98768 STEELCAS t: . :'.) r: G ~ . . .' ~ TRliY-CABLE STORAGE,2X24X2-1/2 28. 69.54 Tag For: Qty Description 1 ROOM 189 1 ROOM :83 1 ROOM 182 1 ROOM 152 1 ROOM 171 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TI1 LE DATE- . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561 840.1873 Quotation Page 11 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Num ber 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Unit Price Extended Amount 1 ROOM 173 1 ROOM 228 48 9.00 TS5ARKMW STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT Tag For: Qty Description 1 ROOM 142 1 ROOM 152 1 ROOM 171 1 ROOM 182 1 ROOM 183 2 ROOM 184 1 ROOM 189 1 ROOM 228 108.32 275.00 60.61% 974.88 49 3.00 TS30822U STEELCAS CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F10 GRAPE OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS DUAL HRD STD:DUAL WHEEL CASTER HA Tag For: U/OUTER Qty Description 1 ROOM 142 1 ROOM 152 1 ROOM 171 348.43 783.00 55.50% 1,045.29 50 4.00 TS30822U STEEL CAS 348.44 783.00 55.50% 1,393.76 Tag For: CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F02 ORANGE OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS DUAL HRD STD:DUAL WHEEL CASTER HA U/OUTER Qty Description 1 ROOM 182 1 ROOM 183 2 ROOM 189 51 1. 00 TS30822U STEELCAS 348.43 783.00 55.50% 348.43 CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED OPTIONS * * OPTIONS * * . ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 12 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B C:=TOH TATII'.KA !~OWREY /NI'.;:' CASTER DUAL HRD Catalog No. I Description *OPT:CASTERS STD:DUAL WHEEL CASTER HA Unit Price Extended Amount Line Quantity Tag Fo~: U/OUTER Qty Descripcion 1 ROOM 228 52 2.00 TS30822U STEELC:AS ]::;7.:8 E.56 CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5267 (TRANS) BLACK OPTIONS *, OPTIONS * * CASTER 'OPT:CASTERS DUAL SFT DUAL WHEEL CASTER SOFT Tag For: U/OUTER Qty Description 2 ROOM 184 804.CO ::5. 53 5.00 TS30807 STEEL CAS 160.64 3.20 CHAIR-CREW, GUEST,ARMS, GLIDES 3El.OC ::':" SOl FRAME :4799 PLATINUM METALLIC UPHLSTRY:5FC2 ORANGE Tag Fer: C6 Qty Description = ROOM 228 1 ROOMS l71 1 ROOM 182 1 ROO~! 183 ::4 1.00 TS30807 STEEL::::I'.S loC.64 .64 CHAIR-CREW,GUEST,A~~S,GLIDES 361.0C 55.50~ FRN1E :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED Tag For: C6 Qty Description ROOMS 152 Subs ction Sub Total 1D,082.18 FLORIDI'. NON-TAXP.BLE SALE loJPB TAX EXEMPT .oc (Included In Grand Total) ubsection To~al 10."82.18 END Subsection SMALL OFFICES - OFFICES 137,142, 152, 171, 182, 183, 184, l8 9 BEG 55 Subsection LARGE CONFERENCE ROOM 149 1.00 TS5AETP.144 STEELCAS 245.:9 "-- i~ 5 . 7 ': ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE D"fE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 13 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description TABLE TOP-EXECUTIVE, RACETRACK,48X144 TOP-SURF:265L MARBLED CHERRY LPL Tag For: 144/48 Qty Description 1 ROOM 149 Unit Price 624.00 60.61% Extended Amount 56 6.00 TS5ATBLS STEELCAS LEG-POST,STEEL,6X6X28 69.72 177.00 60.61% 418.32 BASIC :4799 PLATINUM METALLIC Tag For: LP Qty Description 6 ROOM 149 57 Tag For: 1.00 TS5AECC472 STEELCAS CREDENZA-EXECUTIVE,DOUBLE STORAGE,24X72 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE 24/72 Qty 1 402.57 1,022.00 60.61% 402.57 Description ROOM 149 58 1. 00 TS5AEl~RSC32 STEELCAS SERVICE CART-DOUBLE,32W,EXEC 365.15 365.15 927.00 60.61% Tag For: BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS RIBBED STD:RIBBED EDGE PROFILE MRSC Qty 1 Description ROOM 149 59 1.00 TS5AEWMB STEELCAS WALL MARKERBOARD CABINET-EXEC 237.92 604.00 60.61% 237.92 , BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 I: 561 840.8600 I: 561 840.1873 Page 14 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number ~02931 07/02/07 PLAN B :':1'1014 TATIANA MOWREY/NA') RIBBED Catalog No. I Description STD:RIBBED EDGE PROF:LE Unit Price Extended Amount Line Quantity Tag For: MKBD/WC Qty Description 1 ROOM 149 60 10.00 4331223 STEELCAS CHAIR-PROTEGE,PNEU HGT,ARM CAP d2. jO 1.0C 634.00 69.70\0 PLASTIC :6249 PLATINUM SOLID UPHLSTRY:5F02 ORANGE OPTIONS + + OPTIONS + + CASTER *OPT:CASTERS/GLIDE CST4585E STD:HARD WHL WIDE BODY Tag For: THINK Qty 10 Description ROO~l 149 Subs ction Sub Total 3,590.75 C). DC FLORIDA l.lON-TAXABLE SALE WPB TfC,X EXEMPT Included In Grand Total) ubsectlon Total 3,590.75 END Subsection LARGE CONFERENCE ROOM 149 BEG Subsection SMALL CONFERENCE ROOMS - ROOMS 150,.86,187,188 '1 o~ 1.00 TS5AETR96 STEE~CAS TABLE TOP-EXECUTIVE, RACETRACK,48X96 TOP-SURF:265L MARBLED CHERRY LP~ Tag For: 96/48 Qty Descrip~ion 1 ROOM 186 91 . ~ 4 .44 4 c. U',j 60.6~'i 62 2.00 TS5AETRE96 STEELCfC.S TABLE TOP-EXECUTIVE, RECTANGULAR,48X96 TOP-SURF:265L MARBLED C:JERRY LPL Tag For: 96/48 Qty Descript:eon 1 ROOM 187 1 ROOM 188 63 1. 00 TS5ATRND54 STEELCAS TABLE TOP-ROUND,54DIA 1~2.=3 4:,. Q E 438.CC 6C: . 61 125.2 ~25.26 318.00 60.61 TOP-SURF:26SL MARBLED CHERRY LPL OPTIONS * * OPTIONS * + EDGE *OPT:EDGE PROFILE OPT=ONS MED pTV MEDIUM PLYWOOD EDGE PROF Tag For: 54 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 8yron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Page 15 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Qty Description 1 ROOM 150 Unit Price Extended Amount 64 12.00 TS5ATBLS STEELCAS LEG-POST,STEEL,6X6X28 836.64 Tag For: 65 69.72 177.00 60.61% BASIC LP Qty 4 4 4 :4799 PLATINUM METALLIC Description ROOM 186 ROOM 187 ROOM 188 1.00 TS5ATBXS STEEL CAS TABLE BASE-X,STEEL,35X35X28 119.35 119.35 303.00 60.61% BASIC :4799 PLATINUM METALLIC Tag For: Qty Description 1 ROOOM 150 66 4.00 4331223 STEELCAS CHAIR-PROTEGE,PNEU HGT,ARM CAP 768.40 8.00 TS31101 STEELCAS CHAIR-UNO,TASK,HMK, MID BACK,PNEU HGT ADJ UPHLSTRY:5F02 ORANGE UNO Qty 8 8.00 TS31101 STEELCAS CHAIR-UNO,TASK,HMK, MID BACK,PNEU HGT ADJ UPHLSTRY:5F10 GRAPE UNO Qty 8 Tag For: 67 Tag For: 68 Tag For: 69 8.00 TS31101 ACCEPTED BY 192.10 634.00 69.70% PLASTIC :6249 PLATINUM SOLID UPHLSTRY:5F02 ORANGE OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS/GLIDE CST4585H STD:HARD WHL WIDE BODY THINK Qty 4 Description ROOM 150 198.47 446.00 55.50% 1,587.76 Description ROOM 186 198.47 446.00 55.50% 1,587.76 Description ROOM 187 STEELCAS 198.47 1,587.76 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 I: 561 840.1873 Page 16 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NA2 Unit Extended Line Quantity Catalog No. I Description Price Amount CHAIR-UNO,TASK,HMK, 446.00 MID BACK,PNEU HGT i'\.OJ 5:.5D~!: UPHLSTRY: 5 FO 4 RED Tag For: UNO Qty Description 8 ROOM 188 Subs ction Sub Tota': -; 49.43 FLOR=DA NON-':'AXABLE SALE WPB TAX EXEMPT 0.00 ( Included =n Grand Total ) ubsection Total -,149.43 END Subsection SJV'JALL CONFERENCE ROOMS - ROOMS 150,186,187,188 BEG Subsection STAFF ROOM 160 70 1. 00 TS31401 STEELCAS 461.46 461.46 CHAIR-JENNY, ARMLESS 1,037.00 :,5. UPHLSTRY:5999 MISC FABRIC MAHARAM/NY Purchaser: VENDOR Pattern: CHANCE -464010 Color: BAMBOO -002 Appl Direction: HORIZONTAL OPTIONS , , OPTIONS , , LEG OPT 'OPT:LEG OPTIONS ALUMINUM .l\.LUMINUM LEGS Tag For: JENNY 71 1. 00 TS31403 STEELCAS 48'::. c ., 5.U: " CHAIR-JENNY, AR.1'1 RIGHT 1, : :::: . 50', UPHLSTRY:5999 MISC FABRIC MAHARAM/NY Purchaser: VENDOR Pattern: CHANCE -46401 Color: BAMBOO -002 Appl Direction: HORIZONTAL OPTIONS . , OPTIONS , , LEG OPT 'OPT:LEG OPTIONS ALUMINUM ALUMINUM LEGS Tag For: JENNY 72 1.00 TS31404 STEELC.l\.S 485.0':: 485.05 CHAIR-JENNY,ARJVI LEFT " , 90.00 55.50', UPHLSTRY:5999 MISC FABRIC MP.HARAM/NY Purchaser: VENDOR Pattern: CHANCE -464010 Color: BAl'1BOO -002 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 17 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Appl OPTIONS LEG OPT ALUMINUM Tag For: JENNY Catalog No. I Description Direction: HORIZONTAL * * OPTIONS * * *OPT:LEG OPTIONS ALUMINUM LEGS Unit Price Extended Amount Line Quantity 73 17.00 464010-002 MAHARAM/ CHANCE COLOR: BAMBOO 54.86 0.00 0.00% 932.62 74 4.00 TS31402 STEELCAS CHAIR-JENNY,TWO ARMS 509.53 1,145.00 55.50% 2,038.12 UPHLSTRY:5999 MISC FABRIC ARC-COM FABRIC Purchaser: VENDOR Pattern: BOUNCE -AC-67756 Color: CORNFLOWER -007 Appl Direction: HORIZONTAL OPTIONS * * OPTIONS * * LEG OPT *OPT:LEG OPTIONS ALUMINUM ALUMINUM LEGS Tag For: JENNY 75 30.00 AC-67756 ARC-COMF BOUNCE COLOR: CORNFLOWER 007 61.04 0.00 0.00% 1,831.20 76 2.00 472410 STEELCAS CHAIR-MAX STACKER, CHROME FRAME 38.48 127 . 00 69.70% 76.96 BASE PLASTIC OPTIONS GLIDES SOFT GLD Tag For: DOMINO :9201 POLISHED CHROME : 6302 BALTIC * * OPTIONS * * *OPT:GLIDES SOFT GLIDES 77 2.00 TS4TBASE22 BASE-22" DIA STEELCAS 126.38 284.00 55.50% 252.76 BASE :4799 PLATINUM METALLIC Tag For: 22 DISC BASE 78 1. 00 TS5ASQL164 STEELCAS 104.38 265.00 60.61% 104.38 LEG-POST,METAL,2" SQUARE, 16"H, 4 PER PACKAGE BASIC :4799 PLATINUM METALLIC 79 3.00 BFR36 STEELCAS 110.34 331. 02 l ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 18 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Num ber Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Unit Extended Line Quantity Catalog No. I Description Price Amount WORKSURFACE-ROUND, 36 362.00 69.52 EDGE :6654 SAND TOP-SURF:2870 BLONDE BRONZE PAT I Ni". Tag For: 36 Subs ctlon Sub Total 6,998.62 FLORI Di". NON-TAXABLE Si".LE WPB TAX EXEMPT 0.00 (Incl uded In Grand Total) ,ubsection Total 6,998.62 END Subsection STAFF ROOM 160 BEG Subsection RECEPTION 141 80 1. 00 TS5ARECD66R STEEL CAS 391.93 391.93 DESK-RECEPTION,RH SINGLE 995.00 PEDESTAL,30X66 6C.61 BASIC : 2 65L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * , PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM PED OPTS *OPT:SINGLE PED OPTIONS B/B/F PO BOX BOX FILE PED Tag For: 66/30 Qty Description 1 ROOM l41 81 1. 00 TS 5AR2 4 4 2L STEELCAS 230.04 30.04 RETURN-DESK HEIGHT,LH,74X47 584.00 6C.61 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LP:L OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLi"'.T HANDLE PULL PLATINUI~ PED OPTS *OPT:SINGLE PED OPTIONS F/F PED FILE FILE PED Tag For: 42/24 Qty Description 1 ROOM 141 82 1. 00 TS5AL436F2 STEELCAS 29C.3C' -90.30 LATERAL FILE-FREESTANDING, 737.00 TWO DRAWERS,24X36X29 60.6n BASIC : 2 65L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TilLE DAlE . Thomas W. Ruff South Florida West Palm Beach 7B30 Byron Drive. West Palm Beach. Florida. 33404 I: 561 840.8600 t: 561 840.1873 Quotation Page 19 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Tag For: Catalog No. I Description Qty Description 1 ROOM 141 Unit Price Extended Amount 83 1.00 98768 STEELCAS TRAY-CABLE STORAGE,2X24X2-1/2 8.53 28.00 69.54% 8.53 Tag For: Qty Description 1 ROOM 141 84 1.00 TS5ARKMW STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT Tag For: Qty Description 1 ROOM 141 138.84 312.00 55.50% 138.84 85 1.00 TS30822U STEELCAS CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5FI0 GRAPE Tag For: U/OUTER Qty Description 1 ROOM 141 348.43 783.00 55.50% 348.43 86 1.00 TS30807 STEELCAS CHAIR-CREW, GUEST,ARMS, GLIDES 160.64 361.00 55.50% 160.64 Tag For: FRAME :4799 PLATINUM METALLIC UPHLSTRY:5FI0 GRAPE C6 Qty 1 Description ROOM 141 87 2.00 TS30807 STEELCAS CHAIR-CREW, GUEST,ARMS, GLIDES 160.65 361.00 55.50% 321. 30 Tag For: FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED C6 Qty 2 Description ROOM 141 88 1.00 TS5ATETL STEELCAS TABLE-END,SQUARE LEGS,24X24 153.62 390.00 60.61% 153.62 Tag For: LEGS :4799 PLATINUM METALLIC TOP-SURF:265L MARBLED CHERRY LPL 24/24 Qty 1 Description ROOM 141 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Page 20 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN E 14 TATIANA MOWREY/NAG Unit Extended Line Quantity Catalog No. I Description Price Amount Subs ction Sub To':al ~,O~3.63 FLORIDA ],ON -T AX.2\BL2 S1'.LE lIiPB TAX EX2MPT .00 (I:1c1uded :=n Grand Total) ubsec-:::ion Total 2,043.63 2ND Subsection RECEPTION 141 B2G Subsection FILING ROOM l?O 89 5.00 TS218364 STEELCJI.S 394.1E" 0.80 LATERAL FIL2- 4 DWR,18X36X52 1,027.00 61.62 BASIC :4799 PLATINUM METALLIC LOCK :9201 POLISHED CHROME KEYS :SK PLUG OPTIONS * * OPTIONS * * WGHT PKG *OPT:COUNTERWEIGHT PKG WEIGHT COUNTER WEIGHT PKG Tag For: LF/364 Qt'/ Descripticll 5 ROOM 139 Subs ction Sub Tota~ 1,970.80 FLORIDA NON-TAXABLE SALE W1?B TAX EXEM1?1 .00 ( I ncl uded In Grand Total) ubsection Total 1,970.80 END Subsection FILING ROOM 139 BEG Subsection NETWORK- ROOM 167 90 2.00 TS.2I.WS2 ~ 72 STEELCl\S ~ . I': . 7.4 E WORKSURFACE-STRP.IGHT,24X72 237.00 68. 9'~ T01?-SURF: 273T SAND Tag For: 72/24 Qty Description 2 ROOM 167 91 1. 00 TS.2I.TH2720 STEELC.2I.S ~':: . E9 :='S.69 LEG-H,2C"WX27"H - 0 66.89 BASIC :4799 PLATINUM METALLIC Tag For: SH Q':y Description 1 ROOM 167 92 1. 00 TS2PBBF221J STEELCAS 160.43 " .43 PEDESTAL-BOX/BOX/FILE, 418.0 UNDER WORKSURFACE,22"D 61.62~ B.2I.SIC :4799 PLATINUM MET.2'.LLIC KEYS :SK 1?LUG ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561 840.1873 Quotation Page 21 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Tag For: OPTIONS PULLS HDL PULL PULL NICKEL 9211 TSPED PEN TRAY BBF Qty 1 Catalog No. I Description * * OPTIONS * * *OPT:PULL OPTIONS HANDLE PULL PULL *PULL:NICKEL NICKEL *OPT:TS PED OPTION PENCIL TRAY Unit Price Extended Amount Line Quantity Description ROOM 167 93 Tag For: 1.00 TS2PFF22U STEELCAS PEDESTAL-FILE/FILE, UNDER WORKSURFACE,22"D BASIC :4799 PLATINUM METALLIC KEYS :SK PLUG OPTIONS * * OPTIONS * * PULLS *OPT:PULL OPTIONS HDL PULL HANDLE PULL PULL PULL NICKEL *PULL:NICKEL 9211 NICKEL TSPED *OPT:TS PED OPTION PEN TRAY PENCIL TRAY FF Qty 1 152.75 398.00 61.62% 152.75 Description ROOM 167 94 4.00 TSASUL36 SHELF-UNIVERSAL,36" STEELCAS 55.07 177 . 00 68.89% 220.28 Tag For: BASIC SH/36 Qty 4 Description ROOM 167 :4799 PLATINUM METALLIC 95 2.00 TSAMWV STEELCAS WALL CHANNEL-VERTICAL,PAIR 15.25 49.00 68.88% 30.50 BASIC :4799 PLATINUM METALLIC Tag For: Qty Description 2 ROOM 167 96 2.00 98768 STEELCAS TRAY-CABLE STORAGE,2X24X2-1/2 8.54 28.00 69.50% 17.08 Tag For: Qty Description 2 ROOM 167 97 1.00 TS5ARKMW STEELCAS 138.84 138.84 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 22 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CI'='::114 TATIANA MOWREY/NAC Line Quantity Catalog No. I Description KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT Qty Description Unit Price 312.00 55.5D~ Extended Amount Tag For: ROOM :67 98 1.00 TS30822U STEELCAS CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F10 GRAPE Tag For: U/OUTER Qty Description ~ ROOM 167 348.43 723.CC 34 43 55.5 Subs ction Sub Totel : , 2 I: .46 FLORIDA NON-TAXABLE SALE WPB Tl'.X EXEMPT .CC (Included In Grand Totel) ubsectlon Total :,271.46 END SUDsecL:ion NETWORK- POOl'-} 1 BEG Subsection MAIL/RECEIVING - ROOM 170 99 6.00 TSAPF6642 PANEL-TACKABLE,66X42 STEEL CAS 125. ~ 1 4.38 597.0 68.29\ BASIC SURF-l SURF-2 OPTIONS POWER FACT INS POWER SHRD PWY :4799 PLATINUM METALLIC :P323 PEWTER :P323 PEWTER * -;c OPTIONS ..... ..... .OPT:POWER AT BASE OPTIONS STD:FACTORY INSTALLED OP POWERWAY OPTIONS 3-CIRCT PWWAY W/SHRL Tag For: 4266P 100 4.00 TSAPF6642 PANEL-TACKABLE,66X42 STEELC,",S 15~.51 .04 487. C 68.8 9 ~ BASIC SURF-l SURF-:2 :4799 PLATINUM METAL~IC :P323 PEWTER :P323 PEWTER Tag For: 42/66 101 :2.00 TSAPF6660 PANEL-TACKABLE,66X60 STEi':LCAS 2It:. ~.~ 702.00 68 . 89~ 'I 6."72 BASIC SURF-1 SURF-2 OPTIONS POWER FACT INS :4799 PLATINUM ME~ALLIC :P323 PEWTER :P323 PEWTER + * OPTIONS * * *OPT:POWER AT BASE OPTIONS STD:FACTORY INSTALLED OP ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 I: 561 840.8600 f: 561 840.1873 Quotation Page 23 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD POWER SHRD PWY Tag For: 60/66 Catalog No. I Description POWERWAY OPTIONS 3-CIRCT PWWAY W/SHRD Unit Price Extended Amount Line Quantity 102 2.00 TSAPTC66 STEELCAS TRIM-VERTICAL,CORNER,66" 22.09 71.00 68.89% 44.18 BASIC Tag For: 66 :4799 PLATINUM METALLIC 103 4.00 TSAPTE66 STEELCAS TRIM-VERTICAL,EOR,66" 15.87 51.00 68.88% 63.48 BASIC Tag For: 66 :4799 PLATINUM METALLIC 104 1. 00 TSAE31DA15S STEELCAS RECEPTACLE-4 CIRCUIT 3+D, LINE 1,15 AMP,PKG 6 51.33 165.00 68.89% 51.33 105 1. 00 TSAE32DA15S STEELCAS 51.33 165.00 68.89% 51.33 RECEPTACLE-4-CIRCUIT 3+D, LINE 2,15 AMP,PKG 6 106 1. 00 TSAE34DA15S STEELCAS RECEPTACLE-4-CIRCUIT 3+D, LINE 4,15 AMP,PKG 6 66.89 215.00 68.89% 66.89 107 1. 00 TSAE98669 STEELCAS BASE POWER IN-3 CIRCUIT 62.84 202.00 68.89% 62.84 Tag For: 6 108 4.00 TSAWCS2442 STEELCAS WORKSURFACE-CORNER,STRAIGHT, 24X42 TOP-SURF:273T SAND Tag For: 24/42/42/2 88.04 283.00 68.89% 352.16 109 4.00 TSAWS2442 STEELCAS WORKSURFACE-STRAIGHT,24X42 45.42 146.00 68.89% 181.68 TOP-SURF:273T SAND Tag For: 42/24 110 4.00 TSAWS2460 STEELCAS WORKSURFACE-STRAIGHT,24X60 65.33 210.00 68.89% 261.32 TOP-SURF:273T SAND ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t 561 840.8600 I: 561 840.1873 Page 24 of 32 Quote Quote Customer Account Project Num ber Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN 3 C11C:4 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Tag For: 60/24 111 8.00 TSATCANT STEELCP.S CANTILEVER BASIC :4799 PLATINUM METALLIC Tag For: CANT 112 2.00 TSP.TH2720 STEEL CAS LEG-H,20"WX27"H BASIC :4799 PLATINUM METALLIC: Tag For: SH 113 2.00 TS2PBBF22U STEELCAS Unit Price Extended Amount 8 E . 64 ~: 5.00 68.29\ c .69 179. 0 68.89\ c11.38 1 .3:: 4.70 PEDESTAL-BOX/BOX/FILE, UNDER WORKSURFACE,22"D BASIC :4799 PLATINUM METALLIC KEYS :MK PLUG OPTIONS *' OPTIONS * * PULLS *OPT:PULL OPTIONS HDL PULL HANDLE PULL PULL PULL STD PNT *PULL:STANDARD PAINT 0835 BLACK (TRANS 423.0C 61.62 Tag For: BBF 114 2.00 TS2PFF22U PEDESTAL-FILE/FILE, UNDEP T/JORKSURFACE,22"D STEELCAS ;~: S~. n 3 3.00 .62 t BASIC KEYS OPTIONS PULLS HDL PULL PULL NICKEL 9')1 i :4799 PLATINUM METALLIC :SK PLUG * * OPTIONS * * *OPT:PULL OPTIONS HANDLE PULL PULL *PULL:NICKEL NICEEL Tag For: FF 115 4.00 TSASUBU42L STEELCAS 14 E . i:' c 94 .84 BIN-UNIV,OTC,FLAT FRONT, LOCK,42" BASIC :4799 PLATINUM METALLIC LOCK :9201 POLISHED CHROME KEYS : SK PLUG Tag For: SB/42 472.00 68.2 < 116 4.00 TSASUL42 SHELF-UNIVERSAL,42" STEELCAS 58.12 187. 0 68. 9 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEP1ED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 25 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD BASIC Tag For: SH/42 Catalog No. I Description :4799 PLATINUM METALLIC Unit Price Extended Amount Line Quantity 117 8.00 LSM36K STEELCAS LIGHT-SHELF,ELEK BALLAST, 25 WATT, LAMP, 9' CORD,37W 96.62 317.00 69.52% 772.96 Tag For: TL/37 118 2.00 TS5ARKMW STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,MOUSE SUPPORT 138.84 312.00 55.50% 277.68 119 2.00 TSAEVWM48 STEELCAS WIRE MANAGER-VERTICAL,48" 5.91 19.00 68.89% 11.82 PLASTIC :6000 BLACK 120 2.00 TS30822U STEELCAS 348.44 783.00 55.50% 696.88 CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F04 RED OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS DUAL HRD STD:DUAL WHEEL CASTER HA Tag For: U/OUTER Qty Description 2 ROOM 170 Subs ction Sub Total 6,796.03 0.00 6,796.03 FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT (Included In Grand Total) ubsection Total END Subsection MAIL/RECEIVING - ROOM 170 BEG 121 Subsection TECH WORKROOM 174 4.00 TSAPF4230 STEELCAS PANEL-TACKABLE,42X30 BASIC :4799 PLATINUM METALLIC SURF-l :P323 PEWTER SURF-2 :P323 PEWTER Tag For: 30/42 4.00 TSAPF4242 STEELCAS PANEL-TACKABLE,42X42 112.62 362.00 68.89% 450.48 122 133.77 430.00 68.89% 535.08 BASIC SURF-l SURF-2 :4799 PLATINUM METALLIC :P323 PEWTER :P323 PEWTER ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 t: 561 840.1873 Page 26 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number l02931 07/02/07 PLAN 3 :::IT014 TATIANA MOWREY/NA: Unit Extended Line Quantity Catalog No. I Description Price Amount Tag For: 42/42 l23 2.00 TSAPF4242 STEELCl'.S 1 6.00 3E.OO PANEL-TACKABLE,42X42 540.00 68.8 BASIC :4799 PLATINUM ME Tl'.LLI C SURF-1 :P323 PEWTER SURF-2 :P323 PEI'ITER OPTIONS ? ~ OPTIONS + ~ POWER *OPT:POWER AT BASE OPTI ONS FACT INS ST::J:FACTORY INSTALLED OP POWER POWERWl'.Y OPTIONS SHRD PWY 3-CIRCT PWWAY W/SHRc. Tag For: 4242P 124 2.00 TSAPF5460 STEE~CAS 2C2.22 404.44 PANEL-TACKA3LE,54X60 65~:.OC' 68.69' BASIC :4799 PLATINUM METALLIC SURF-l :P323 PEWTER SURF-2 :P323 PEWTER OPTIONS * . OPTIONS * , POWER 'OPT:POWER AT BASE OP~IONS FACT INS STD:FACTORY INSTALLED OP POWER POWERWAY OPTIONS SHRD PWY 3-CIRCT PWWAY W/SHRD Tag For: 60/54P 125 2.00 TSAPTC42 STEEL:::AS ,~ ~ 4. l8 "- "- . ',- TRIM-VERTICAL,CORNER,42" 1.De c, BASIC :4799 PLATINUM METALL=C Tag For: 42 126 4.00 TSAPTE42 STEELCl'.S l5.8~ .48 TRIM-VERTICAL,EOR,42" 51.C!(: 68.88 BASIC :4799 PLATINUM METl'.LLIC Tag For: 4~ L 1'}, 2.00 TSAPTXS12 STEEL CAS ~. .8-;' ~ . ,'0 ~~, TRIM-VERTICAL,COH,INLINE, 51.00 SLIM,12" 68.88 BASIC :4799 PLATINUM METiULIC Tag For: 12 128 1. 00 TSAE31DAl5S STEEL CAS :=J 1. "';-5 _ . 3 3 RECEPTACLE-4 CIRCUIT 3+0, 165. e L=NE 1,15 AMP,PKG 6 66.89 129 1. 00 TSAE32DA15S STEELCl'.S 51.3 1.33 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Quotation Page 27 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description RECEPTACLE-4-CIRCUIT 3+D, LINE 2,15 AMP,PKG 6 Unit Price 165.00 68.89% Extended Amount 130 1.00 TSAE34DA15S STEELCAS RECEPTACLE-4-CIRCUIT 3+D, LINE 4,15 AMP,PKG 6 66.89 215.00 68.89% 66.89 131 1.00 TSAE98669 STEELCAS BASE POWER IN-3 CIRCUIT 62.84 202.00 68.89% 62.84 Tag For: 6 132 4.00 TSAWCS2442 STEELCAS WORKSURFACE-CORNER,STRAIGHT, 24X42 TOP-SURF:273T SAND Tag For: 24/42/42/2 88.04 283.00 68.89% 352.16 133 4.00 TSAWS2430 STEELCAS WORKSURFACE-STRAIGHT,24X30 37.02 119.00 68.89% 148.08 TOP-SURF:273T SAND Tag For: 30/24 134 4.00 TSAWS2460 STEELCAS WORKSURFACE-STRAIGHT,24X60 65.33 210.00 68.89% 261.32 TOP-SURF:273T SAND Tag For: 60/24 135 4.00 TSAWT1642 STEELCAS WORKSURFACE-TRANSACTION,16X42 61. 91 199.00 68.89% 247.64 TOP-SURF:273T SAND Tag For: 42/16 136 8.00 TSATCANT CANTI LEVER STEEL CAS 23.33 75.00 68.89% 186.64 BASIC :4799 PLATINUM METALLIC Tag For: CANT 137 4.00 TS2PBBF22U STEEL CAS PEDESTAL-BOX/BOX/FILE, UNDER WORKSURFACE,22"D BASIC :4799 PLATINUM METALLIC KEYS :SK PLUG OPTIONS * * OPTIONS * * PULLS *OPT:PULL OPTIONS HDL PULL HANDLE PULL 154.67 403.00 61.62% 618.68 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 28 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CITn14 TATIANA NO\~REY /NP.D PULL NICKEL 9211 Tag For: BBF Catalog No. I Description PULL *PULL:NICKEL NICKEL Unit Price Extended Amount Line Quantity 138 4.00 TS2PFF22U STEELCAS 1,j^'"' ~'I 588.00 ..L":i: /. PEDESTAL-FILE/FILE, 383. UNDER WORKSURFACE,22"D 61.62~( BASIC :4799 PLATINUN NETALLIC KEYS :SK PLUG OPTIONS y * OPTI ONS * * PULLS *OPT:PULL OPTIONS HDL PULL HANDLE PULL PULL PULL NICKEL *PULL:NICKEL 9211 NICKEL Tag For: FF 139 4.00 TSASUL60 STEELCAS 69.38 ,-,~, 'I .J.:..... .- SHELF-UNIVERSAL,60" 223.00 68.89'1 BASIC :4799 PLATINUH NETALLIC Tag For: SH/60 140 4.00 TS5ARK!'1W STEELCAS KEYBOARD SHELF-ADJ HGT,RETRCT, WRIST REST,NOUSE SUPPORT 138.84 312.00 55.50 ': 5 ':.36 141 4.00 TS30822U STEELCAS CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :4799 PLATINUH NETALLIC UPHLSTRY:5F04 RED OPTIONS Y * OPTIONS * * CASTER *OPT:CASTERS DUAL HRD STD:DUAL WHEEL CASTER HA Tag For: U/OUTER Qtv Description 4 ROON 174 348.44 783.00 93.76 55.5Jt Subs ction Sub Total 6,:26.95 FLORIDA NON-TAXABLE SALE WPB TAX EXENPT 0.00 (Included In Grand Total) ubsection Tctal 0,726.95 END Subsection TECH WORKROON 174 BEG Subsection ROOM 159 142 1.00 TSATPL14 STEELCAS SUPPORT-WORKSURFACE,INLINE, 14,PLATE 16. <; 9 16.49 53.00 68.89" ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TIT LE DATE . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561840.8600 f: 561840.1873 Quotation Page 29 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Tag For: Qty 1 Catalog No. I Description Description ROOM 159 Unit Price Extended Amount 143 1. 00 TS5ACS2460L STEELCAS CREDENZA-SINGLE PEDESTAL, LH,24X60 BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * * PULL OPT *OPT:PULL OPTIONS HAN PLAT HANDLE PULL PLATINUM PED OPTS *OPT:SINGLE PED OPTIONS B/B/F PD BOX BOX FILE PED EDGE *OPT:EDGE PROFILE OPTIONS FLAT STD:FLAT EDGE PROFILE Qty Description 1 ROOM 159 273.37 694.00 60.61% 273.37 Tag For: 144 1. 00 TS30822U STEELCAS 325.29 731.00 55.50% 325.29 CHAIR-CREW,TASK,SEAT DEPTH, HGT/WD ADJ T-ARMS, UPH OUT BK FRAME :0835 BLACK (TRANS) UPHLSTRY:5F04 RED OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS DUAL HRD STD:DUAL WHEEL CASTER HA Tag For: U/OUTER Qty Description 1 ROOM 159 Subs ction Sub Total 615.15 FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT 0.00 615.15 (Included In Grand Total) ubsection Total END Subsection ROOM 159 BEG 145 Subsection ROOMS 12 9 , 1 69 , 17 4 4.00 4877110 STEELCAS STOOL-CACHET,PNEU HGT,ARM,NO UPH OPTIONS * * OPTIONS * * CASTER *OPT:CASTERS HARD CST STD:HARD CASTERS Tag For: Qty Description 2 ROOM 169 2 ROOM 174 296.53 725.00 59.10% 1,186.12 146 2.00 4877110 STEELCAS STOOL-CACHET,PNEU HGT,ARM,NO UPH OPTIONS * * OPTIONS * * 303.89 743.00 59.10% 607.78 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 30 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAK ~ CIT014 TATljJ.~N;'~ MOWREY/NAG Unit Extended Line Quantity Catalog No. I Description Price Amount CASTER *OPT:CASTERS SOFT CST SOFT Ci'I.STERS Tag For: Qty Description 2 ROOM l~q Subs ctiorl Sub TOea1 1,793.90 FLORIDA NON-TAXABLE SALE WPB TAX EXEMPi' )D (Included .n Grand Total) ubsection i'otal 1,793.90 END Subsection ROOMS 129, 169, 174 BEG Subsection ROOMS 195, 196 147 2.00 4871110 STEELCAS 204.5C :"9.00 CHAIR-CACHET,PNEU HGT,ARM,NO .OC UPH =,9. } PLASTIC :6205 BLACK OPTIONS * * OPTIONS * , Ci'I.STER *OPT:CASTERS HARD CST STD:HARD CASTERS Tag For: Qty Description 1 ROOM 195 ~ ROOM 196 148 2.00 TS5ARS2448 STEELCAS 12C. =,.:; 41.08 SHELL-DESK,RECTANGULAR,24X48 306.00 60.61 " BASIC :265L MARBLED CHERRY LPL TOP-SURF:265L MARBLED CHERRY LPL OPTIONS * * OPTIONS * , EDGE *OPT:EDGE PROFILE r-.nr'T'1, "T.~" ur.L ..L'.Jl\O FLi'I.T STD: FLJI.T EDGE PROFILE Tag For: Qty Description 1 ROOM 195 , ROOM 196 . Subs ction Sub Total 650.08 FLORI Di'. lWN-TAXABLE SALE, WPB TAX EXEMPT .00 (=ncl uded III Grand Total) ubsect:ion Total 650.G8 END Subsection ROOMS 195, 196 BEG Subsection ROOM 181 149 2.00 1'S30822U STEELCAS 348.4L ; 6.88 CHAIR-CREW,1'ASK,SEA1' DEPTH, 7 3.00 HGT/WD ADJ T-ARMS, UPH OUT BK 55. =-, FRAME :4799 PLATINUM METALLIC UPHLSTRY:5F02 ORANGE Tag For: U/OUTER Qty Description 2 ROOM 181 ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE _~__~ . Thomas W. Ruff South Florida West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Quotation Page 31 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN B CIT014 TATIANA MOWREY/NAD Line Quantity Catalog No. I Description Unit Price Extended Amount Subs ction Sub Total 696.88 0.00 696.88 FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT (Included In Grand Total) :ubsection Total END Subsection ROOM 181 150 1.00 LOCKERS THOMASWR HALLOWELL BRAND LOCKERS DOUBLE TIER 12"W X 12"D X 36"H 76"HIGH OVERALL HEIGHT TO INCLUDE SLOPE TOPS, CLOSED BASES, FINISHED END PANELS, # PLATES AND LOCKS. INTERIOR COLOR IS PARCHMENT CHOICE OF FACTORY COLORS FOR EXTERIOR (l)GROUP OF ELEVEN WIDE BY TWO HIGH AND (l)GROUP OF NINE WIDE BY TWO HIGH. TOTAL OF (20) FRAMES AND (40)LOCKERS. 5,411.59 6,012.88 10.00% 5,411.59 151 1.00 LOCKER INSTALLATION LOCKER INSTALLATION THOMASWR 825.00 0.00 0.00% 825.00 152 1.00 LOCKER FREIGHT LOCKERS FREIGHT THOMASWR 375.00 0.00 0.00% 375.00 153 1.00 LABOR THOMASWR COST TO RECEIVE PRODUCT, DELIVER AND INSTALL DURING REGULAR BUSINESS HOURS. 7,200.00 0.00 0.00% 7,200.00 Sub Total FLORIDA NON-TAXABLE SALE WPB TAX EXEMPT 85,364.73 0.00 Grand Total 85,364.73 *******End of Quotation******* ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY TITLE DATE . Thomas W. Ruff South Florida Quotation West Palm Beach 7830 Byron Drive. West Palm Beach. Florida. 33404 t: 561 840.8600 f: 561 840.1873 Page 32 of 32 Quote Quote Customer Account Project Number Date Customer Order Number Number Representative Number 102931 07/02/07 PLAN 3 C:T014 ':'ATIANF. MOWREY/NJl,[ ADDITIONAL TERMS AND CONDITIONS OF SALES PROPOSAL AND CONDrrlONAL SALES AGREEMENT PRICES Prices quotecl are firm for 30 clays trom c1ate ot proposal. Pnces quotecl c10 not inclucle applicable sales. use or excise taxes Such taxes will be aclclecl to the formal quote or invoice at the time of billing ACCEPTANCE Acceptance of the proposal Is only upon receipt by Seller of a c1uplicate of this Agreement which has been c1ated ancl executecl by or on behalf of Customer. The c1ate of this Agreement IS the c1ate of Customer'S signecl acceptance. CANCELLATIONS/CHANGES Seller agrees to accept wrltte n cance lIation of any orcler without penalty to Custo m er provlcled that the can cellation is a cceptecl by th e Manufacturer without penalty to the Seller. The Seller will use the best effort to secure cancellation without penalty; however, any penalty imposecl will be paid for by the Customer. In the event that cancellation Is not acceptecl by the Manutacturer, It will be the responsibility of the Customer to accept and pay for the merchandise as ordered ORDERS PLACED UNDER ANY "QUICK SHIP" PROGRAM ARE NOT SUBJECT TO CANCELLATION. DELIVERY AND INSTALLATION The job site shall be clean, clear and tree Of debris prior to Installation. Electric current, heat, light, hoisting and/or elevator service will be furnished without charge to Seller Adequate facilities for off. loading, staging. moving and handling of merchandise shall be provided. Delivery and installation will be made c1urlng normal working hours Aclclitional labor costs resulting from overtime work performecl at the Customer's request will be passed on to the Customer. Merchandise shipped direct to Customer from the ManUfacturer Will be the responsibility of the Customer. Customer must report shortages, damages or errors with respect to such merchandise as has been damaged at the time of Customer's receipt by persons other than Customer or those uncler Customer's control. All other merchandise shall be c1eemed to have been fully accepted by the Custo mer subject only to any final Installation thereof to be performed by th e Seller. Merchanclise c1elivered and brought onto the job site by Seller or Its shipper as scheclulecl shall be inspectecl ancl tully acceptecl at time of c1ellvery by the Customer, subject only to any final Installation thereof to be performed by the Seller Failure to report any shortages, damages or errors In writing, at the time of delivery, will constitute Customer's full acceptance of tl1e merChandise DELAYS In the event that construction delays, or other causes which are not within the control of Seller, force postponement of the Installation. the furnishings will be storecl with an aclclltional Charge until Installation can be resumecl. Invoices will be sent to the Customer ancl palcl as If the merchandise hacl been c1eliverecl. GENERAL LIABILITY No liability shall accrue against the Seller as a result of any breach of these terms ancl conclltlons resulting from any ""Orl< stoppage. Acts of Gocl. unauthorlzecl c1elays by the manufacturer, or other delays beyoncl Seller's control PAYMENT TERMS A c1eposlt of 50% of the total price Is requlrecl with all orclers unless other terms have previously been established In writing Terms ot sale are payment in full of net total price ten (10) days from date of invoice. A c1ellnquency charge ot 1.50% assessed monthly against any amounts not paicl within 30 clays will be aclded to such amounts Pricing quotecl is in U.S. currencyancl must be paid In U.S. currency. Assuming there Is timely notice of shortages, damages or errors -as provlclecl uncler "Delivery ancl Installation" above- payment may be wlthhelcl tor any Individual item invoiced but not recelvecl or received in unacceptable condition until Seller remeclles the situation Payment may not be wlthhelcl for the balance of Items that are receivecl In acceptable condition on each InVOice SECURITY INTEREST custo mer hereby grants and Seller retain s a sec unty Interest In the sUbJe ct matter of thl s Agree ment to secure the payment of indebtedness remaining unpaid hereunder. Customer agrees to execute financing statements and to perform such other actions as Seller requires in connection with such security Interest MISCELLANEOUS Terms and conclitlons as set torth herein may be alterecl only upon the written approval of both the Customer and the Seller By acceptance of thiS Agreement. Customer acknowleclges receipt of a c1uly executed c1upllcate copy of thiS Agreement Company Name. Upclate 01/07 Acceptecl by Date Print Name ACCEPTANCE SUBJECT TO TERMS AND CONDITIONS ACCEPTED BY llTLE DATI;: 06/28/2007 03:28 561-840-1650 St~elcase Extranet - State of Florida EXHIBIT B PAGE 01/10 Page 1 ofl 0 . State of Florida Office Furniture &. Filing Contract Pricing #425-001-06-1 Ordering Instructions Participating Dealers Web Catalog-Products &. Finishes The Environment Case Studies Links Who to Call What's New Home Office Furniture & Filing Contract #425-001-06-1 Pricing Sheet, Section 4.0 from the Invitation to Bid - Pricing Matrix - view pdf (updat~d 6/25/2007) Effective: 3/2/06 through 3/1/2010 Brand Name: Steelcase Inc. Price List Name/Number: GSA Contract #GS-28F-0014T, Price List #158 - effective January 12, 2004 - Hold #158 til expiration date or until GSA Price List Changes. GSA Contract #GS-28F-Q014T, Price List #158 - Quick-ship Products effective June 25, 2007. Balance of Line Products, Price List #160 - effective January 17, 2005 Balance of Line Products, Price List #164 - effective July 16, 2.006 SERIES NAME PRICE LIST PURCHASE DISCOUNTOfo PRICE GSA CONTRACT PRODUCTS AT PRICE LIST #158 Steel Systems: GSA Contract $100-$100,000 69.20% Avenir, Series 9000, #GS-28F- $100,001- 72.23% Context, 0014T $400,000 74.25% Technology Walls, Price List $400,001- Internode, #158, $500,000 1/12/2004 GSA Contract Steel Systems: #GS-28F- $100-$100/000 69.52% Answer, Universal Bins & 0014T $100,001- 70.71 % Shelves, Universal Price List $400,000 72.73% Pedestals, Universal #158, $400,001- Worksurfaces (including 1/12/2004 $500,000 AirTouch) GSA Contract Steel Systems: #GS-28F- $100-$100,000 68.08% Montage 0014T $100,001- 70.21% Price List $228,750 72.23% #158, $228,751- 1/12/2004 $500,000 GSA Contract Turnstone Systems: #GS-28F- $100-$100,000 68.89% Kfck(includes 0014T $100,001- 69.80% Freestanding) Price List $400,000 72.23% #158, $400,001- 1/12/2004 $500,000 GSA Contract Turnstone Systems: #GS-28F- $100 - 61.62% Tower Too, Storage 0014T $100,000 includes peds Price List #158, 1/12/2004 http://in2.steelcase.comJstateoffioridaIPriceSheetOfficeFum.asp 6/28/2007 OS/28/2007 03:28 551-840-1550 THOtv1AS W RUFF PAGE 02/10 Steelcase Extranet - State of Florida Page 2 of 10 GSA Contract #GS-28F- $100 - 64,65% Post & Beam 0014T $100,000 Price List #158, 1/12/2004 GSA Contract Details: #GS-28F- $100 - $21,500 56.57% L T2 Light 0014T Price List #158, 1/12/2004 GSA Contract Wood Systems: #GS-28F- Relevant 0014T $100-$300,000 60.61 % Price List #158, 1/12/2004 GSA Contract Metro #GS-28F- $100-$300,000 54.55% Template, Teamwork, 0014T Detour, m/o, Price List Oct 6, 2000 w/5% inc) GSA Contract Elective Elements 6 #GS-28F- 100-$98,125 60.36% 0014T $98,126 - 62.38% Price List $186,250 #158, 1/12./2004 GSA Contract Turnstone Currency #GS-28F- $100-$100,000 58.99% 0014T Price List #158, 1/12/2004 GSA Contract Turnstone Casegoods #GS-28F- Smoke, Payback desks & 0014T $100-$100,000 60.61 % credenza, Payback Price List freestanding Storge #158, Units & Tables 1/12./2004 GSA Cbntract Details: #GS-28F- 100-$21,500 56.57% (including HeightAdjust OO14T Tables,excluding Series Price List 7) #158, 1/12/2004 GSA Contract Details: #GS-28F- 100-$20,000 59.60% Series 7 0014T Price List #158, 1/12/2004 GSA Contract Steelcase Casegoods #GS~28F- 0-$100,000 68.69% http://in2.steelcase. comJstateoffioridaJPriceShectOffi ceFurn.asp 6/28/2007 05/28/2007 03:28 551-840-1550 THJIv'IAS W RUFF PAGE 03/10 Steelcase Extranet - State of Florida Page 3 of 1 0 Ellipse OO14T $100,001- 69.70% Price List $400,000 72.23% #158, $400,001 - 1/12/2004 $500,000 GSA Contract Filing &. Storage: #GS-28F- 0-$247,000 67.88% 0014T $247,001 - 69.70% 200 Firstfile, 800/900 Price List $450,000 72.23% Lateral & Vertical Files, #158, $450,001 - 1700 Verticals, 900 1/12/2004 $500,000 Overflies, Universal Storage GSA Contract Wood Casegoods #GS-28F- $100-$300,000 61.62% Norfolk, Arbor, Walden 0014T Price List .#' 158, 1/12/2004 GSA Contract Brayton Tables: #GS-28F- $100-$300,000 54.55% Avon, Booth, Donovan, 0014T Ginger, Rocco, Price List Oct Swathmore, Wellever, 6, 2000 w/5% Sidekick inc) GSA Contract Convene #GS-28F- $100-$100,000 62.63% 0014T Price List #158, 1/12/2004 GSA Contract 8500 Series Tables #GS-28F- $0-$100,000 69.20% 0014T Price List #158, 1/12/2004 GSA Contract Brayton: #GS-28F- $100-$300,000 54.55% Malibu, Projeny, Siesta, 0014T Sine, St. Claire, Calm Price List Oct Tables (sq & oval), 6, 2000 w/5% Stilleto Tables inc) GSA Contract Brayton: #GS-28F- $100-$200/000 54.55% Herren, Rocco, 0014T Swath more, Price List Oct Swath more Grande, 6, 2000 w/5% Malibu Recliner, inc) Astor, Palermo, Club Grande, Rave Recliner, Rave Large, Sieste Lounge Hlghback, Sieste Lounge Chair, Sleste Sleepers, Sieste Recliners, Ripple GSA Contract hl:tp:/lin2.steelcase.com/stateofflori daIPriceSheetOfficeFum.asp 6/28/2007 OS/28/2007 03:28 551-840-1550 Steelcase Extranet - State of Florida THOMAS W RUFF PAGE 04/10 Page 4 of 10 #GS-28F- Metro Seating: 0014T $100-$200,000 54.55% Archipelago Price List - July 8, 2002 GSA Contract Brayton: #GS~28F- $100-$200,000 54.55% Torus Seating, Rave 0014T (sm, med), Rave Open Price List Oct Arm (sm & med), Siesta 6, 2000 w/5% Tandem, Siesta Table inc) GGSA Contract Steel Seating: #GS-28F- $100-$200,000 69.70% 421 Trilogy, 433 0014T Protege, 453 Criterion, Price List 457 Rally, 458 Sensor, #158, 461 Drive, 463 Ally, 470 1/12/2004 Parade, 472 Max- stacker, 473 Max- stacker H, 475 Player Steel Seating: GSA Contract 462 Leap Seating #GS-28F- $100-$200,000 60.61% 0014T Price List #158, 1/12/2004 Steel Seating: GSA Contract $100-$200,000 59.10% 465 Think Seating #GS-28F- 0014T , Price List #158, 1/12/2004 Steel Seating: GSA Contract $100-$200,000 59.10% Cachet Seating #GS-28F- 0014T Price List #158, 1/12./2004 GSA Contract Wood Seating: #GS-28F- Alcove, Collaboration, 0014T $100-$200,000 60, 11 % Escapade, England, Price List Gentry, Mansfield, #158, Masque,Orianna, 1/12/2004 Terrazzo, Theorum, Topaz Steel Seating: GSA Contract $100-$200/000 56.57% Move Seating #GS-28F- 0014T Price LIst #158, 1/12/2004 Steel Seating: GSA Contract $100-$22,500 54.55% 54.80% http://i112.stcelcase.com/stateo fflori daIPric eS heetO fficeFurn.asp 6/28/2007 OS/28/2007 03:28 551-840-1550 Steelcase Extranet - State of Florida THOMAS W RUFF PAGE 05/10 Page 5 oflO Siento Seating #GS-28F- $22,501 - 55.06% 0014T $90,000 Price List $90,001 - #158, $200,000 1/12/2004 GSA Contract Turnstone Seating: #GS-28F- $100-$200,000 60.61% Springboard OO14T Price List #158, 1/12/2004 GSA Contract Turnstone Seating: #GS-28F- $100-$200,000 63.64% Jersey 0014T Price List #158, 1/12/2004 GSA Contract Brayton Seating: #GS-28F- $100-$200,000 54.55% BCN, LaCosta; 0014T Sport/Couture, Price List Oct L'Attitude; Maestro, 6, 2000 w/S% Technique, Barrymore, inc) Berwick, Enea-Barstools, BarstooIs armless Metro Seating: Rover GSA Contract Brayton: #GS-28F- $100-$200,000 54.55% Migration Seating, 0014T Tables, Ottomi;lns Price List Oct 6, 2000 W/5% inc) GSA CONTRACT PRODUCTS AT PRICE LIST #160 $1 - $247,000 67.88% Universal Lateral Files Balance of Line $247,001 - 69.70% Style #'S: Products $450,000 72.23% RLF18302F,RLF18302P, Price List $450,001 - RLF18303F,RLF18303P, #160, 1/17/05 $500,000 RLF18304F,RLF18304P, RLF18305P, RLF18305F, RLF18362F, RLF18362P, RLF18363F, RLF1B363P, RLF18364F, RLF18364P, RLF18365F,RLF18365P. RLF18422F. RLF18422P, RLF18423F, RLF18423P,RLF18424F, RLF18424P, RLF18425F, RLF18425P, RLF24302F, RLF24302P, RLF24303F, RLF24303P, RLF24304F, RLF24304P, RLF24305F, RLF24305P, RLF24364F, RLF24364P, RLF24363F, RLF24363P, RLF24364F, RLF24364P, RLF24365F, lttp://in2.steelcase.comlstateofflorida/PriceSheetOfficeFum.asp 6/28/2007 135/28/213137 133:28 551-8413-15513 Stee1case Extranct . State of Florida THOMAS W RUFF PAGE 135/10 Page 6 of 10 RLF24365P I I I GSA QUICKSHXP CONTRACT PRODUCTS AT PRICE LIST #158 Steel Systems: GSA Contract 64.15% Avenlr, Series 9000, #GS-28F- $100-$125,000 67.18% Context 0014T $125,001 - Price List $250,000 #158, 1/12/2004 Steel Systems: GSA Contract 64.4 7% Answer Systems #GS-28F~ $100-$125,000 65.66% Furniture, Universal Bins 0014T $125,001 - & Shelves, Universal Price List $250,000 Pedestals, Universal #158, Worksurfaces 1/12/2004 Steel Systems: GSA Contract 63.03% Montage #G$-28F- $100-$125,000 65.16% 0014T $125,001 . Price List $250,000 .#158, 1/12/2004 Details: GSA Contract 51.52% Details - L T2 Light #GS-28F- $100-$21,500 0014T Price List #158, 1/12/2004 Wood Systems: GSA Contract 55.56% Relevant Wood #GS-28F- $100-$100,000 Casegoods: Shells, 0014T Worksurface, Borders, Price List Wiring and Cabling #158, 1/12/2004 Details: GSA Contract 51.52% Details (including Height #GS-28F- $100-$21,500 Adjustables, excluding 0014T Series 7) Price List #158, 1/12/2004 Details: GSA Contract 54.55% Details Series 7 #GS-28F- $100-$20,000 0014T Price List #158, 1/12/2004 Ellipse GSA Contract 63.64% #GS-28F- $100-$100,000 0014T Price List #158, 1/12/2004 GSA Contract 62.83% Filing &. Storage: #GS-28F- $100-$125,000 64.65% 200 Firstffle, 800/900 0014T $125,001 - Lateral &. Vertical Files, Price List $250,000 1700 Vertical, 900 #158, Overfiles lttp :!!in2. steelcase. com! stateoffloridaJPriceShcetOfficeFum. asp 6/28/2007 05/28/2007 03:28 551-840-1550 Steelcase Extranet - State of Florida THOMAS W RUFF PAGE 07/10 Page 7 of 10 Universal Storage: 1/12/2004 bookcases, combination cabinets, laterals, storage cabinets, towers, wardrobe cabinets, workstation vert. (bins, shelves, pedesta Is & worksurlaces listed on Answer category). Wood GSA Contract 55.56% Systems: Releva nt #GS-28F- $100-$100,000 Wood Casegoods: 0014T Hatchbacks and Media Price List tarts, Storage Products #158, 1/12/2004 Wood Casegoods: GSA Contract 56.57% Arbor, Walden #GS-28F~ $100-$50,000 0014T Price List #158, 1/12/2004 Convene GSA Contract 57.58% #GS-28F- $100-$50,000 0014T Price list #158, 1/12/2004 Wood Systems: GSA Contract 55.56% Relevant Wood #GS-28F- $100-$100,000 Casegoods: Table 0014T Products Price List #158, 1/12/2004 8500 Series Tables GSA Contract 64.15% #GS-28F- $100-$125,000 0014T Price List #158, 1/12/2004 Steel Seating: GSA Contract 64.65% 433 Protege, 453 #GS-28F- $100-$100,000 Criterion, 457 Rally, 458 0014T Sensor, 461 Drive, 470 Price List Parade, 472 Max #158, . Stacker, 473 Max 1/12/2004 lttp:/lin2 .steclcase. com/stateofflori daIPriceSheetO ill ceFum.asp 6/28/2007 OS/28/2007 03:28 551-840-1550 Steelcase Extranet - State of Florida THOMAS W RUFF PAGE 08/10 Page 80[10 Ittp:/lin2. steelcas e.coml stateofflorid a!Pr:iceSheetO ffi ccP urn.asp Stacker II, 474 Snodgrass, 475 Player Steel Seating: 470 Parade, 472 Max Stacker, 473 Max Stacker II, 475 Player Stacking chairs only Steel Seating: GSA Contract 55.56% Leap Seating #GS-28F- $100-$100,000 0014T Price List #158, 1/12/2004 Steel Seating: GSA Contract 54.05% Think Seating #GS-28F- $100-$100,000 0014T Price List #158/ 1/12/2004 Steel Seating: GSA Contract 54.05% Cachet Seating #GS-28F- $100-$100,000 0014T Price List #158, 1/12/2004 Wood Seating: GSA Contract 55.06% Alcove, Collaboration, #GS-28F- $100-$50,000 Gentry, Masque, 0014T Theorum, Topaz Price List #158, 1/12/2004 Turnstone Seating: GSA Contract 58.59% Jersey Seating #GS-28F- $100-$100,000 0014T Price List #158, 1/12/2004 GSA QUICKSHIP PRODUCTS AT PRICE LIST #160 GSA Contract 62.83% Filing & Storage: #GS-28F- $100-$125,000 64.65% Universal Lateral Files 0014T $125,001 - Style #'5: Price List $250,000 RLF18302F, RLF18302P, #158, RLF18303F, RLF18303P, 1/12/2004 RLF18304F,RLF18304P, RLF18305P, RLF18305F, RLF18362F, RLF18362P, RLF18363F. RLF18363P, 6/28/2007 OS/28/2007 03:28 551-840-1550 Steelcase Extranei: - State of Florida TI..{JMAS W RUFF PAGE 09/10 Page 9 of 10 Ittp://in2.steelcase.com/statcoffloridalPriceShcetOfficeFum.asp RLF18364F. RLF18364P, RLF18365F. RLF18365P, RLF18422F.RLF18422P. RLF18423F, RLF18423P,RLF18424F, RLF18424P, RLF18425F. RLF18425P,RLF24302~ RLF24302P. RLF24303F, RLF24303P, RLF24304F. RLF24304P, RLF24305F, RLF24305P. RLF24364F, RLF24364P. RLF24363F, RLF24363P, RLF24364F, RLF24364P, RLF24365F, RLF24365P SERIES NAME PRICE LIST PURCHASE OISCOUNTOJo PRICE BALANCE OF LINE PRODUCTS (NON-GSA) AT PRICE LIST #164 (effective 7/16/2006) Wood Balance of Line: Wood Systems: Unison Balance of Line $1 ~ $108,750 55.00% Wood Casegoods: Products Garland, Impact Price List Wood Seating: Alerion, #164, 7/16/06 Ascot, Brenton, Col1eguim, Community Lounge, Company, Dearborn Lounge, Decorum, Deck, Etude, Groove, Mingle, Balance of Line Wood Systems: Products $1 - $108,750 56.70% Elective Elements 5 Price List #164, 7/16/06 Balance of Line $1 - $23,000 54.00% Turnstone Products $23,001 - 55.50% Balance of Line: Price List $55,625 56.50% #164, 7/16/06 $55,626 - $108,750 Balance of Line Details: Products $1. 54.50% FYI, Confidante, Mobile Price List $999,999,999 CPU, #164, 7/16/06 Balance of line Polyvision: Products $1 - $60,000 40.00% Room Scheduling Price List $60,001 - 42.00% Products #164, 7/16/06 $116,000 44.00% $116,001 and above Balance of Line Polyvision; Products $1 - $28,000 44.00% Static Products Price List $28,001 - 46.00% #164, 7/16/06 $108,000 47.00% 6/28/2007 05/28/2007 03:28 551-840-1550 Stcclcase Extranet - State of Florida THOt'l1A5 W RUFF PAGE 10/10 Page 10 of 10 $108,001 and above Balance of Line POlyvision: Products $1 - $32,500 35.00% Electronic Whiteboards, Price List $32,501 - 37.00% Copyboards, Multimedia #164, 7/16/06 $126,000 39.00% products including IPlS, $126,001 and eLl5, FSMOl, CCE above Balance of Line Pathways Privacy Products Cpp Sell % Wall & Glass Price List $1 - $50,000 10.00% Selections #164, 7/16/06 $50,001 - 13.00% (Freight Is allowed; Inside $125,000 16.00% delivery and installation not $125,001 - 19.00% included) $250,000 Neg. $2501001 - $400,000 $400,001 and above Top of Page @ 1996-20015 5teelca~e Inc. All ri9ht.~ reserved. Privacy porley & L",gal Notice ttp:/lin2. steel case. coml statcofflori daIPriecSheetOffi ceFum. asp 6/28/2007 VI.-CONSENT AGENDA ITEM C.S CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlYI Requested City Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetinq Dates Turned in to Citv Clerk's Office Meetinq Dates Turned in to Citv Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19, 2007 June 4, 2007 (Noon) 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative ~ Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report o New Business o Legal o Unfinished Business o , '..~_i (.,.) ('0 J.~'1''3- ~G RECOMMENDATION: Amend the Cemetery Rules & Regulations. C"J EXPLANATION: In March and April of this year, the Cemetery Board unanimously passed motions to recommend to the City Commission amending the Cemetery Rules & Regulations to clarify two areas of concern. The two recommended rule changes are as follows: "Rule # 17 - In an adult grave, the following will be permitted at the discretion of the Parks Superintendent: a. One (1) casket, plus two (2) cremains. Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremains, two (2) must be immediate family members. For purposes of these Rules & Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption." And "Rule #3-M - All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at the time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." As required in the Rules & Regulations, Mr. Brady Osborne was given written notice of the proposed rule changes and he has not expressed any opposition to the recommendation. S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request - Change two Rules - 07-17-07 Meeting.doc Agenda Item Request Form City Commission Meeting July 17, 2007 PROGRAM IMPACT None FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: Do not accept the recommendation of t City Manager's Signature Assistant to City Manager ~-- Department Name City Attorney / Finance S:\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request - Change two Rules - 07-17-07 Meeting.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I 18 I' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING RULE #17 AND RULE #3-M OF THE CEMETERY RULES & REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cemetery Board has been reviewing the Cemetery Rules and Regulations and does hereby recommend an amendment to the Rules and Regulations Amended May, 2007; and WHEREAS, upon recommendation from the Cemetery Board, the City Commission has determined that it shall revise Rule #17; and WHEREAS, upon recommendation from the Cemetery Board, the City Commission has determined that it shall add a new Rule #3-M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. Each Whereas clause set forth above is hereby ratified as being true and correct and incorporated herein by this reference; Section 2. The City Commission of the City of Boynton Beach, Florida, amends the Rules and Regulations of the Cemetery Board by amending Rule #17 as follows: 17. In an adult grave, the following will be permitted: One (1) casket, plus one (1) cremains, or three (3) cremains. No more than three (3) markers will be pemlitted per adult grave. In the Replat section, 1\'10 (2) cremains '.vill be permitted in a cremains plot. No more than two markers ',',ill be pennitted on a cremains plot in the Replat section. In an adult grave, the following will be permitted, at the discretion of the Parks Superintendent: S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc 1 2 3 4 5 6 7 8 9 10 11 a. One (1) casket, plus two (2) cremains Of the two cremains, one must be an immediate family member of the individual buried in the casket; or b. Three (3) cremains. Of the three cremams, two must be immediate family members. For purposes of these Rules and Regulations, an immediate family member shall be defined as an individual who is related by blood, marriage or adoption. Section 3. The City Commission of the City of Boynton Beach, Florida, 12 amends the Rules and Regulations of the Cemetery Board by amending Rule #3-M as 13 follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3-M. In addition to the bronze letters, there will be a limit of t\\'o emblems allowed per crypt/niche. These bronze letters and emblems may be obtained from BO)11ton Beach Mausoleum, Inc., who is the City's cxclusive sales Ut;cnt, and shall be installed by the City of Boynton Beach. All identification information including letters and emblems on crypts and niches shall be inscribed by engraving. The cost of new crypt or niche inscription fees shall be paid at time of interment. Existing bronze letters shall be replaced with inscription by the City. Replacement inscription shall be done at no cost to the owner of the crypt or niche, but shall be paid from the Perpetual Care Fund. If existing bronze emblems are damaged, replacement of an existing bronze emblem with a sandblasted emblem shall be done at the owner's expense." Section 4. This Resolution shall take effect immediately upon passage. S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc 1 PASSED AND ADOPTED this _ day of July, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 7 Mayor - Jerry Taylor 8 9 10 Vice Mayor - Jose Rodriguez 11 12 13 Commissioner - Ronald Weiland 14 15 16 Commissioner - Mack McCray 17 18 19 Commissioner - Carl McKoy 20 Attest: 21 22 23 24 "I ,Janet M. Prainito, CMC 25 II City Clerk 26 27 I 28 '1 (Corporate Seal) 29 S:\CA\RESO\Administrative\Cemetery R&R - Amend Rule 17 and 3-M.doc " .:(("".'.,','.0. .r-... ._e_,.,l0 . . 'l< " -"." ,. \, . VI.-CONSENT AGENDA ITEM C.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Commission Meetinq Turned in to City Clerk's Dates Office Dates Office ..4 0 0 " April 17, 2007 April 2, 2007 (Noon.) June 19,2007 June 4, 2007 (Noon)-"; <, 0 May 1, 2007 April 16, 2007 (Noon) 0 July 3, 2007 June 18, 2007 (NOOn~,.) Lll, 0 May 15, 2007 April 30, 2007 (Noon) ~ July 17, 2007 July 2, 2007 (Noon) -I 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16, 2007 (Noon) " 0 Annou ncements/Presentations 0 City Manager's Report .::; NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal 0 Settlements Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Staff recommends the approval of Resolution R07-_ to adopt a policy regarding the use of fee-in-Iieu Constrained Roadway at Lower Level of Service (CRALLS) facilities funding. EXPLANATION: CRALLS Mitigation Measures, as endorsed by the City Of Boynton Beach and adopted by the Palm Beach County Board of Commissioners, includes the requirement that any development including more than ten (10) dwelling units that is utilizing CRALLS shall set aside various levels of affordable housing. However, as an alternative to providing workforce housing units, the Boynton Town Center and Boynton Village developments chose to contribute a fee in-lieu amounting to $750,000. Other developments with a residential component may also choose to contribute a fee in lieu of units. These fees are used by the City Of Boynton Beach's affordable housing program(s) to finance land acquisition, homeowner assistance, and other actions to further the City's affordable housing objectives as specified in the City's Comprehensive Plan. PROGRAM IMPACT: The City currently has in place its Local Housing Assistance Plan (LHAP,) which provides the outline for how State Housing Initiatives Partnership (SHIP) funding is utilized for its affordable housing initiatives. To keep consistency, staff recommends using these same guidelines in creating a policy for use of the CRALLS funding. These guidelines are as follows: 1. Providing Gap financing to assist first time homebuyers to achieve homeownership. 2. Repair/Rehabilitation of properties where maintenance has been deferred. 3. Disaster Mitigation and Recovery. 4, Land acquisition and fees associated with the development of affordable housing. City Of Boynton Beach Agenda Item Request Form City Commission Meeting July 17, 2007 Program activities would be restricted to residents of the City Of Boynton Beach or looking to purchase a home within the City limits, and would follow the income limits and purchase price requirement currently in place, Fifteen percent (15%) of the funding would go for administrative costs associated with the delivery of this program. FISCAL IMPACT: Additional funding available to further affordable housing needs. ALTERNATIVES: None. ~ Community Improvement Division Department of Development City Manager's Signature ""',,'-;>-i'~:''''''~,.;'''''':-kt__~iIi'~'~M^,''e._,~.... 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE ADOPTION OF A POLICY REGARDING THE USE OF FEE-IN-LIEU CONSTRAINED ROADWAY AT LOWER LEVEL OF SERVICE (CRALLS) FACILITIES FUNDING; PROVIDING FOR AN EFFECTIVE DATE 10 WHEREAS, CRALLS Mitigation Measures includes the requirement that any 11 development including more than ten (10) dwelling units that is utilizing CRALLS shall set aside 12 various levels of affordable housing; and 13 WHEREAS, developments with a residential component may choose to contribute a fee 14 in lieu of units which fees can be used by the City of Boynton Beach for its affordable housing 15 programs to finance land acquisitions; and 16 WHEREAS, City staff recommends to the City Commission that it approve the 17 adoption ofa policy regarding the use offee-in-lieu Constrained Roadway at Lower Level of 18 Service (CRALLS) facilities funding. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 25 approves and adopts a policy regarding the use of fee-in-lieu Constrained Roadway at Lower 26 Level of Service (CRALLS) facilities funding. 1 S:ICA IRESOICRALLS.doc Section 3, This Resolution shall become effective upon adoption. 1 2 PASSED AND ADOPTED the _ day of July, 2007, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy 21 22 23 Janet M. Prainito, CMC 24 City Clerk 25 26 27 28 (Corporate Seal) 29 30 31 2 S :\CA \RESO\CRALLS.doc _~'f'l'l''''''''''~",<,''''''''l~''-',4'.',~"" City Of Boynton Beach Agenda Item Request Form City Commission Meeting July 17, 2007 City Of Boynton Beach Affordable Housing Program Policy Guidelines 1. GAP Financing Purchase Assistance Loan Program Assist very-low, low and moderate homebuyers with the purchase of a home. This loan will provide "GAP" financing in the form of a zero percent interest (0%) deferred loan for first time mortgage assistance to insure affordable monthly payments. Eligible costs under this strategy may include but are not limited to down payment and closing costs on first mortgage and repairs needed to make the unit habitable. Eligible properties include newly constructed homes (built within 12 months of closing), or existing homes, which mayor may not need rehabilitation. Rehabilitation is defined as the repairs or improvements needed for safe and sanitary habitation, correction of substantial code violations or the creation of living space due to overcrowding. Income Category Maximum Award/with repairs* Very Low Low Moderate $75,000/$85,000 $75,000/$85,000 $50,000/$60,000 * An additional $10,000 may be available above purchase assistance for necessary code-related repairs when applicable, 2. Repair/Rehabilitation Deferred Loan This program is designed to assist very-low, low or moderate-income homeowners with needed repairs as defined by Chapter 67-37, Florida Administrative Code. Rehabilitation is defined as the repairs or improvements, which are needed for safe or sanitary habitation, correction of substantial code violations. Income Category Maximum Award Very Low...................,........................"........................ $40,000.00 Low.....,................,....,........,.,...........,.,............."....,......... ,40,000.00 Moderate.....................................,..,..,................,......... .20 ,000 ,00 3. Disaster Mitigation and Recovery The purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repair to avoid further damage, tree and debris removal required to make individual housing unit habitable, and post disaster assistance with non-insured repairs. The maximum award of funds for this strategy may not exceed $10,000 per unit. 4. Land Acquisition This strategy will provide funds to acquire properties for future development by non-profit and public agencies. Properties will be acquired through deed and tax sales, foreclosure of government liens, and through private purchases. Properties will be donated to non-profit agencies that will access the City of Boynton Beach's Affordable Housing Program for the development of the property. Strategies would be restricted to residents of the City Of Boynton Beach or looking to purchase a home within the City limits, and would follow the income limits currently in place. Fifteen percent (15%) of the funding would go for administrative costs associated with the delivery of these strategies. Funding used for GAP financing and housing rehabilitation would be secured by, zero percent (0%) second mortgages currently used by the City. Funds returned to the City through the sale or refinance of assisted properties would be returned to the CRALLS fund for continued affordable housing activities. S:\Community Improvement\Agenda Requests\2007\CC7-17 CRALLS $.doc ~SEMBLER March 21,2007 Ms. Hanna Mat:r3s Economist/ Planner 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Boynton Town Center/ Boynton Village Afforlhble Housing Contribution Dear Hanna: The CRALLS as endorsed thru City Commission and adopted by the Palm Beach County Board of Commissioners in December of 2005 prescribed certain Mitigation Measures to be implemented in conjunction with the CRAll.S. Policy 1.2-f:36. spells out rhese Mitigation Measures. Item 2) of these includes the requirement that any development including more than ten (10) dwelling units that is utilizing this CRAll.S shall set aside various levels of affordable housing. Alternatively, the CRALLS allows the Boynton Town Center! Boynton Village development to contribute a fee in-lieu amOlllltmg to $750,000. 1950 Congress Avenue, LLC as Master developer ror the Boynton Town Center/Boynton Village development has opted to contribute the fee in-lieu rather than provide for the set aside affordable housing wnts. Please see attached to this letter a check in the stated amount made payable to the City of Boynton Beach. Please send return correspondence acknowledging receipt of this check in the stated amount and statement that the CRAllS Mitigation Measure as required has been satisfied for Boynton Town Center/ Boynton Village. We appreciate all of the cooperation from the City and are glad we could assist the City's funding needs for Affordable Housing in this manner, ~ Senior Development Manager Cc: Mike Rumpf, City of Boynton Beach Joe Filippelli, Sembler Jim Comparato, Compson Associates, Inc. JIJSO SOUTH JOHI'JSOI\I F'ERRY ROAD, SUITE 100 i ATLf\NTA, GA 30319-4316 I 4011.84/.1800 , FAX: 404,847,HnS THE SEMBLER COMPANY I SEMBLER.COM ';""'"";;;""'''~""""'''.>''''';>J'''''.'~_'''''''''~'M~''!i>.'''''',,)<,,,",'''~'''''_'' . PALM BEACH COUNTY INCOME GUIDELINES 2007 MEDIAN = $61,200.00 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 7 persons 8 persons 1/ ery Low- Income $22,550 $25,750 $29,000 $32,200 $34,800 $37,350 $39,950 $42,500 50'70 Median Low-Income 80'70 Median $36,050 $41,200 $46,350 $51,500 $55,600 $59,750 $63,850 $68,000 Moderate Income $54,120 $61,800 $69,600 $77 ,280 $83,520 $89,640 $95,880 $102,000 120'70 Median As RECEIVED FROM FLORIDA HOUSING FINANCE CORPORATION MARCH, 2007. S:\~~\~T~~~.,~ VI.-CONSENT AGENDA ITEM D. 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 April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) [gJ July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal r.....J D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D (.v RECOMMENDATION: Authorize the use of$400 for the Heart of Boynton Neighborhood Association Intergenerational Gathering from Commissioner McCray's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of $400 to assist the Heart of Boynton Neighborhood Association in funding the purchase of one 4x4 sign and two banners to be used to advertise their Intergenerational Gathering on July 28, 2007 from 8:00 a.m. to 4:00 p.m. at Sara Sims Park located at 209 N.W. 9th Court. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for this type of activity. Each Commissioner has $15,000 in Community Investment Funds to allocate, subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature ~ City Manager's Signature Assistant to City Manager Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: July 11, 2007 Requested by Mayor/Commissioner: Commissioner Mack McCray Amount Requested: $400 Recipient/Payee: City of Boynton Beach/Neighborhood Services Description of project, program, or activity to be funded: Sign and two banners to advertise the Intergenerational Gathering preventing youth violence in our community Dated: ;h-;h By: ~ ,/ dJlt 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 $15,000. $10,806.25 has been used to date by the requesting Member, leaving a balance of available funds of$4,193.75. This request would bring the available amount down to $3793.75. Accordingly: X There are funds available as requested o There are insufficient funds available as 7/tr1.Jf>7 I / Dated: By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: lJ;/ The proposed expenditure of funds will not result in improvement to private "'property; Cir" The recipient/payee provides services within the City of Boynton Beach; t::i!J"'" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and if Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. By: ~ CIty Manager 7 - \ 1.- - 01 ---- S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc f Heart of Boynton Neighborhood Association Presents .11'-.;-' :,. ~- Preventing youtli 'Vio{ence in our Community \ fil-' f . ~. . " Interqenerational Gatherinq Eniov (\ y1(-y Food! Prizes! Bounce House for little kids! Games for Teens and Adults! Musicl Jlt.. ~'" Electric Slide I Walk-it Outl Information & Service Booths Food Fun Music Games .. Come out and get involved! We can all make a big difference in our community when we are united. Saturday July 28,2007 Sara Sims Park 209 N.W. 9th Court Boynton Beach FL Time: 8:00 am until 4:00 pm Purpose: Different generations uniting together! When.: Where: .... Save our Youthl Save our Neighborhoodsl Stop the drugsl Stop the Violence I Put Unity in our Communityl At the Sara Sims Park we will have Health Screenings, Employment and Housing Opportunities, Home Improvement Programs, Youth - Adult - Senior Services, Crime Prevention, Votin Ri hts and much more. For more information contact Heart of Boynton Members: Mrs. Elizabeth Jenkins 737 -3765 Mr. Willie Aiken Mrs. Gertrude Sullivan 732-1205 Ms. Myra Jones Dr. Martha Meeks Light 738-1522 Mrs. Doris Jackson Mr. Melvin Brown 737-5638 735-9647 732-0333 891-1410 This is a Heart of Boynton Neighborhood Association community outreach event sponsored in partnership with the City of Boynton Beach Youth Violence Prevention Project. Help Save our Children - Help Prevent Youth Violence ML King JR -"We must learn to live together as brothers and sisters!" JF Kennedv - "Efforts and couralle are not enoUllh without DUTDOSe and direction!" Heart of Boynton Neighborhood Associati Cadeaux f La 'Vio(ence emyecfiant de ]eunesse dans notre Communaute Rassemblement Interqenerationnel " y1(y Nourriturel Prixl Rebondir la Maison pour les petits gossesl Les jeux pour l'Adolescence et les Adultesl Musiquel ~ Chute electriquel Marche-iI Horsl L'information & Entretient des Cabines Nourriture Amusement Musiaue Jeux .. Sortir et obtenir implique ! Nous tout peut faire une grande difference dans notre communaute quand nous sommes unis. Quand.: Samedi Juillet 28,2007 Ou: Sara Sims Park 209 N.W. 9th Court Boynton Beach FL Temps: 8:00 am until 4:00 pm But: Les generations differentes s'unissant ensemble! .... Epargner notre Jeunessel Epargner nos Voisinagesl Arreter les droguesl Arreter la Violence I Mettre l'Unite dans notre Communautel Au Parc de Sims de Sara nous aurons les Ecrans de Sante, les Occasions d'Emploi et Logement, a la maison les Programmes d'Amelioration, la Jeunesse - l'Adulte - les Services d'Aine, l'Emp~chement de Crime, Votant des Droits et beaucou Ius. Pour plus amples renseignements contacter Heart of Boynton Membres: Mrs. Elizabeth Jenkins 737 -3765 Mr. Willie Aiken 737 -5638 Mrs. Gertrude Sullivan 732-1205 Ms. Myra Jones 735-9647 Dr. Martha Meeks Light 738-1522 Mrs. Doris Jackson 732-0333 Mr. Melvin Brown 891-1410 Ceci est un Heart of Boynton Neighborhood Association la communaute evenement d'assistance a subventionne dans Ie partenarlat avec Ie City of Boynton Beach Youth Violence Prevention Project. Help Save our Children - Help Prevent Youth Violence ML King JR -"We must learn to live together as brothers and sisters!" JF Kennedv - "Efforts and couralle are not enoullh without DUTDOSe and direction!" .,. Heart of Boynton Neighborhood Associati Presentes Prevenir fa 'YioCencia de fa ]uventud en nuestra Comunidad" Reunion de Intergenerational Goce (\ xYx Goce! Premiosl I Bote la Cas a para ninos pequenosl ILos juegos para Jovenes y Adultosl I Musica. I M. ~'" I Resbaladero electricol Anda-Io Fuera! La informacion & Atiende a Puestos Alimento Diversi6n Musica Jueaos ~ iSalga y metase! Todos podemos cambiar mucho las cosas en nuestra comunidad cuando somos unidos. Cuando.: EI sabado Julio 28, 2007 D6nde: Sara Sims Park 209 N.W. 9th Court Boynton Beach FL Tiempo: 8:00 am until 4:00 pm Prop6sito: I Las generaciones diferentes que unen juntos! ..,. iSalve nuestra Juventudl iSalve nuestros Vecindariosl ipare las drogasl iPare la Violencial iPonaa la Unidad en nuestra Comunidadl En el Parque de Sara Sims nosotros tendremos las Investigaciones de la Salud, el Empleo y Albergar las Oportunidades, los Programas de reformas, la Juventud - el Adulto - los Servicios de Mayor, la Prevenci6n del crimen, el Derecho al voto mucho mas. Para mas contacto de informaci6n Heart of Boynton Miembros: Mrs. Elizabeth Jenkins 737 -3765 Mr. Willie Aiken Mrs. Gertrude Sullivan 732-1205 Ms. Myra Jones Dr. Martha Meeks Light 738-1522 Mrs. Doris Jackson Mr. Melvin Brown 737 -5638 735-9647 732-0333 891-1410 Esto es un Heart of Boynton Neighborhood Association el acontecimiento de alcance de comunidad patrocln6 asoclado con el City of Boynton Beach Youth Violence Prevention Project. Help Save our Children - Help Prevent Youth Violence ML King JR -"We must learn to live together as brothers and sisters!" JF Kennedv - "Efforts and couralle are not enoullh without OurDose and direction!" VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4,2007 (Noon) D May I, 2007 April 16, 2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) I2$] July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7,2007 July 16,2007 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM I2$] Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$I,800.00 to The Children's Fund/Hispanic Human Resources Council from Vice Mayor Rodriguez's Community Investment Fund. EXPLANATION: Commission approval is requested for allocation of$I,800.00 to The Children's Fund to assist the Hispanic Human Resources Council to operate two child development centers in West Palm Beach. Both centers offer quality child care for low income, disadvantaged families and children at risk. PROGRAM IMPACT: Allocation of funds will assist the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $15,000 in Community Investment Funds to allocate subject to Commission approval. ALTERNATIVES: Decline to authorize the requested use. ia City Manager's Signature Department Head's Signature Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: July 13,2007 Requested by Mayor/Commissioner: Vice Mayor Rodriguez Amount Requested: $1,800.00 Recipient/Payee: The Children's Fund/Hispanic Human Resources Council Description of project, program, or activity to be funded: The Children's Fund assists HHRC to operate two child development centers in West Palm Beach. Both centers offer quality child care for low income, disadvantaged families and children at risk. Dated: 7 Ie) Id,) By: dh-..-- i.(.,~U 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 $15,000. $4,000 has been used to date by the requesting Member, leaving a balance of available funds of$11,000. This request would bring the available amount down to $9,200. Accordingly: 'I- There are funds available as requested o There are insufficient funds available as Dated: 111~[O 1 I I By: Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ~ The proposed expenditure of funds will not result in improvement to private property; o The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the state~ jose. ,-lb-o-' BY:~ City Manager S:\City MgMdministration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc /~, . c-l HHR \ HISPAlIC III_RESOURCES CO'-C.., lIE. '+ ~ 0:.. ~CH /' 1427 S. Con!lress Aveooe . Palm Spfi",,~ FL 33400 . Tel.: (561) 641-7400 . Fax: (561} 641-361l7 : '-- .-- C''-1 ...q- C0 C0 Tbe Children's Fund A Project of Hispan ic Human R~sources CouncU, Inc. = = July 12, 2<107 To: Jose A. Rodriguez, Vice Mayor, City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33425-0310 I am requesting your support for The Hispanic Human Resources Council, Inc. and the Children's Fund, a Project of HtiRC. DonatlOl'lB wUl benefit Hispanic Human Resources' two (2) child development centers. These Centers serve children from low-income, disadvantaged families. The Centers currently provide care to over (350) children, ranging in age from infants to five (5) years old and the First Time Home Buyer Assistance Program. During the last 31 years, HHRC has selVed the community with many programs (Senior Programs, Advocacy, Translation, Employment, Training, Infonnatlon J Referral). The mQ8t important role tllatwe have played is the one of building bridges between the Hispanic Community and all the go~rnmental agencies, as well as, the privata sector. If you have any questions, pieasedo not hesitate In call1ng'meat(561) 4340- 9007. I hope that we can count on you r support to help the residents of Palm Beach County. On behalf of the children and familiaB that We serve, "Thank Yoif' for any and all support you can provide. Please visit our web site at www.hhrcinc.com. ~ CL m ~ ~ r-- = = ~ Jorge Avellana Executive Director C0 ~CijiLDUN ~ "FAMILIES . A Resource Management & lJeveIopment Corporadon . ...'.... . . ~~dw~ NodOaJIIICICaIJ oCkly 0IIIdIIIIIId ~ = --:> Page I of 1 Welsh, Pam From: Swanson, Lynn Sent: Monday, July 16, 2007 10:04 AM To: LeJeune, Carisse Cc: Costello, Joyce; Welsh, Pam Subject: FW: Commission CIF request Please disregard my earlier response below. I stopped by the City Manager's office and Pam provided me with the correct name of the corporation to look up. Hispanic Human Resources Council, Inc., is an active non-profit corporation. Its principal address is listed as 1427 South Congress Avenue, West Palm Beach, FL. Lynn From: Swanson, Lynn Sent: Monday, July 16, 2007 9:02 AM To: LeJeune, Carisse Cc: Costello, Joyce; Welsh, Pam Subject: RE: Commission CIF request Carisse - There is no listing in corporate records for Hispanic Resource Center checking under Corporations, Limited Partnerships, Limited Liability Companies, Fictitious Names and Limited Liability and General Partnerships. Lynn From: LeJeune, Carisse Sent: Friday, July 13, 2007 11:37 AM To: Swanson, Lynn Cc: Costello, Joyce; Welsh, Pam Subject: Commission CIF request Lynn, Kurt has requested that Legal do a corporate search on the Hispanic Resource Center so that we can properly process the 121. Thanks, Carisse 7/16/2007 HHRCinc.com Page 1 of 1 Hispanic Human Resources Council The Childrens Fund The Children's Fund, established in 1988, is one of HHRC's outstanding projects. The dedicated Steering Committee strives to develop new and innovative funding alternatives to enhance present government funded programs. Currently, The Children's Fund assists HHRC to operate two child development centers in West Palm Beach. Both centers offer quality child care for low income, disadvantaged families and children at risk. Providing child care and development services to over 300 children ranging in age from infant to 5 years, HHRC also ensures each child receives a nutritious breakfast, lunch and afternoon snack on a daily basis. A large number of children have been referred by the State Department of Children and Families due to abuse, neglect or because they are considered to be 'at risk'. Government funding is diminishing while the number of children requiring help continues to grow. The need for private funding is profound. Therefore it is very important that assistance from the private seetor be obtained. Please take a moment to carefully consider this wOlihwhile projeet. http://www.hhrcinc.com/cfund.html 7/13/2007 HHRCinc.com Page 1 of 1 Hispanic Human Resources Council Our Vision and Mission Investing in Present and Future Generations... Providing World Class,Contprehensive Services to entpower Children and Fantilies in the Contntunity. HHRC has implemented a variety of intergenerational, multicultural service programs which include Quality Child Care, Senior Programs, Business and Economic Development, Affordable Housing, Advocacy, Translation & Interpreter Services, Employment & Training, and Information and Referral. HHRC operates two Child Development Centers serving over 350 children and families. Both centers are Gold Seal Schools accredited by the National Association for the Education of Young Children (NAEYC) providing quality child care for low income, disadvantaged families, and children at risk. The children range from infant to 5 years old. HHRC is a non-profit community based organization, established in 1977 to address the social service needs of the community and to improve cultural awareness and understanding among the residents of the community. HHRC is an Agency of the United Way. http://www.hhrcinc.com/ 7/13/2007 HHRCinc.com Page 1 of 1 Hispanic Hum,an Resources Council y.\)w.II ~ , ~e iHHRl ~~~~ Contact Information HHRC is a non-profit community based organization, established in 1977 to address the social service needs of the community and to improve cultural awareness and understanding among the residents ofthe community. Hispanic Human Resources Council, Inc. 1427 S. Congress Ave. West Palm Beach, FL. 33406 (561) 641-7400 or (561)641-4198 Jorge Avellana, Executive Director Judy M. Pierman, Deputy Director For more information call: 561641-7400 http://www.hhrcinc.com/contact.html 7/1312007 Sl\...:->~~ / \ '<j ., :t ,,00 .'() J->., /"" ^V > 1'0 'e' VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVl 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 April] 7,2007 April 2, 2007 (Noon.) 0 June 1 9,2007 June 4, 2007 (Noon) 0 May] , 2007 April 16, 2007 (Noon) 0 July 3, 2007 June] 8,2007 (Noon) 0 May ] 5, 2007 Apri] 30,2007 (Noon) [8J July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May ]4, 2007 (Noon) 0 August 7, 2007 July] 6, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report ""~'''', NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 0 ~~- Consent Agenda Legal ,,-- c- D Code Compliance & Legal Settlements 0 Unfinished Business , ("."1 [8J Public Hearing 0 )~ RECOMMENDATION: Please place this request on the July 17, 2007 City Commission Agenda under(!ublic Hearing indicating postponement to the August 21 st meeting. The applicant has requested further postponement in "c:,onneCtion with his recovery from throat surgery. The Community Redevelopment Agency Board recommended on May 8, wil?, tPat.. the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-031: EXPLANATION: PROJECT: AGENT: OWNERS: LOCA TlON: DESCRIPTION: Harbor Cay (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway, approximately 160 feet north of Gateway Boulevard Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. PROGRAM IMP ACT: N/ A FISCAL IMPACT: N/A ALTERNATIVES: N/A 4~TIrr' Assistant to City Manager S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Page] of] Pyle, Judith From: Coale, Sherie Sent: Thursday, July 05, 2007 9:00 AM To: Breese, Ed; Rumpf, Michael; Tucker, Patricia; Pyle, Judith; Prainito, Janet Subject: FW: Harbor Cay Importance: High This email request came to me on Tuesday. I do not yet see an original. From: Sid E. von Rospeunt [mailto:von.rospeunt@groupotango.com] Sent: Tuesday, July 03,2007 11:20 AM To: Coale, Sherie Cc: Sid von Rospeunt Subject: Harbor Cay Dear Mrs. Coale: We had originally planned to have the second reading of the Development Order extension for Harbor Cay, LLC on Tuesday July 17,2007. Unfortunately, as you knew I had a difficult throat surgery 20 days ago and my recovery is very slow. I still have enormous problems speaking and when, than it sounds like "Mickey Mouse" I need to have therapy for approximately a month to regain my full voice and without that I am unable to present the case to the City Commission. I therefore, kindly request to put us on the 2nd City Council Meeting in August 2007 and I am certain I will be able to present our case and face off the nasty neighborhoods comments. Sincerely Sid I. \un ROSp\..'UI11 (TO GROUPO T.\NCO S.A. 7/5/2007 ,;.....^.,"'>0"~""'#~~".......^f"'.'"""'~"~,.,,., TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-031 Chair and Members Community Redevelopment Agency Board Michael RumPf.~ Director of Planning and Zoning Kathleen Zeitler k2- Planner May 1, 2007 Harbor Cay (SPTE 07-006) Site Plan Time Extension Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PROJECT DESCRIPTION Harbor Cay, LLC Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard (see Location Map - Exhibit "A") Special High Density Residential (SHDR) Infill Planned Unit Development (IPUD) No change proposed No change proposed Townhouses 1.429 acre To the north is developed multi-family residential property (Inlet Harbor Club), classified Recreational (R) and High Density Residential (HDR) land use and zoned Recreation (REC) and Multi-family Residential (R-3); To the south is developed commercial property (Gateway Shell), classified Local Retail Commercial (LRC) land use and zoned Community Commercial (C-3); to the southeast is developed single-family residential, classified Low Density Residential (LOR) and zoned Single-family Residential (R-l-AA); To the east is developed single-family residential, classified Low Density Residential Page 2 Harbor Cay SPTE 07-006 (LDR) and zoned Single-family Residential (R-l-AA); and West: Right-of-way for Federal Highway, then farther west is right-of-way for the Florida East Coast (FEe) railroad. BACKGROUND Mr. Sid E. von Rospeunt, managing member of Harbor Cay, LLC is requesting a one (i)-year site plan time extension for the Harbor Cay New Site Plan Development Order (NWSP 06-011), which was approved by the City Commission on May 2, 2006. The site plan approval is valid for one (1) year from the date of approval. If this request for a one (i)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to May 2, 2008. The subject property consists of 1.429 acre zoned Infill Planned Unit Development (IPUD), located within Planning Area I of the Federal Highway Corridor Community Redevelopment Plan. According to the staff report for the approved site plan (NWSP 06-011), the proposed Harbor Cay is a redevelopment project approved for a total of 23 fee-simple town homes, recreation amenities, and related site improvements. The 23 dwelling units (at a density of 16.09 dwelling units per acre) are proposed as two (2)-bedroom units, each with a bonus room that could be used as a third bedroom. The 23 units are planned within six (6) separate buildings on the 1.429-acre site. Each three (3)-story building would contain four (4) dwelling units, with the exception of one building that proposes three (3) units. The approved site plan (see Exhibit "B'') proposes three (3) model types, ranging from 2,534 square feet to 2,599 square feet of total air-conditioned area. According to the staff report, the proposed townhouse buildings would have hints of Spanish- Mediterranean accents in the contemporary / modern design. Building accents would include cupolas, Spanish S-tile roofs, decorative banding, stone veneer, awnings, and decorative garage doors. ANALYSIS According to Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have one (1) year to secure a building permit from the Development Department". Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. City regulations authorize the Commission to approve site plan time extensions up to one (1) year, provided that the applicant files the request prior to the expiration date of the development order. In this case, the applicant has met that requirement. The Planning & Zoning Division received the application for time extension on March 12, 2007, approximately seven (7) weeks prior to the expiration date of the site plan. According to the justification submitted for the requested time extension (see Exhibit "C''), the applicant details the "good faith" efforts in moving forward with the project, explaining that the project has been delayed due to the following: (1) required reconfiguration of underground utilities and subsequent civil engineering plan revisions which required re-submittal for further review and approval; (2) delay in platting due to required civil plan revisions; and (3) construction plan revisions necessary to address conditions of site plan approval. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. On March 29, 2006 the Palm Beach County Traffic Division approved the traffic study for this project and included a restriction that no building permits are to be issued for the project after the build-out year of 2009. Page 3 Harbor Cay SPTE 07-006 The site plan time extension is still subject to the original 85 conditions of the new site plan approval. No new land development regulations are now in place against which the project should be reviewed and modified. As for application of the Art in Public Places ordinance (05-060), this project is not exempt, as the new site plan request was filed and under review after adoption of Ordinance 05-060 on October 5, 2005. Therefore, the project must comply with Ordinance 05-060 as stated in the original conditions of site plan approval. Lastly, the applicant has failed to pay the Capacity Reservation Fee as required in original Condition of Approval #19, which was due within seven (7) days of the original site plan approval. As such, staff recommends that the applicant pay the fee amount prior to final action by the City Commission on this extension request. SUMMARY I RECOMMENDATION Staff recommends approval of this request for a one (i)-year time extension of the Harbor Cay site plan (NWSP 06-011). If this request for extension were approved, the expiration of this site plan would be extended to May 2, 2008. Staff is generally in favor of the redevelopment efforts represented by the approved site plan, which serves to promote the goals of the Community Redevelopment Agency and the Federal Highway Corridor Redevelopment Plan. The proposed Harbor Cay project will provide an opportunity for redevelopment in a highly visible corridor in the City, increase the value of adjacent and nearby properties, and contribute to the overall economic development of the City. If this request for site plan time extension is approved, all outstanding conditions of approval from the new site plan approval must still be satisfactorily addressed during the building permit process. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval (see Exhibit "D"). S:\Planning\SHARED\WP\PROJECTS\Harbor Cay\SPTE 07-006\Staff Report.doc I~ I LOCATION MAP Harbor Cay Exhibit "A" PUD ;:... ~ & 53 .$ .~ 10 e; R1 CU'. .;:::;.; ....' a cu' ~, ..;j "€ o z I I -3 I Potter Road REC R-3 GATEWAY BLVD D R-3 C-2 Gg,D D D . 200 I ;:... ~ :::r:: D 53 "'-l ~; l:q Q: ~ , f:t, IPUD REC 100 N W+E S o 200 400 600 800 I Feet I!i ~U ~I >:~~;.. ~u I u *'~ -CJ ~~~ '! e 0 ~'}" ;,. ~~" pla~~, .. ,,-.; < e I"".~ , ~ ; w' - lID" .,!:~, CII ,,~.;-.:: .~ =g"il 1=~U I S' r'm' 3~ 3~3~ 1- -- --- ~ l Ir ;1 ~ .. '- .:::::~\ , -? - FLORIDA EAST . COAST - - - RAILROAD U ~ -- .S. HIGHWAY NO.1 -- -- . =-:::--- - - ~ -::--- - :::-- .. ,~-:::--~" p.....- ~ I I I I I I' I I I I I I, I: , , , , , '- .:::::::., ( ~~ ) ~ ) I I Q -gCll . ~ =4 I ~rnl . .. "G I ~ 3. T z "' I; I; f I I r If In 11111 ~Ii! ,Ii ~ ! 10m ! ... ~ ~. -~q!11 I~ IUi!UrIIWffl'H ~ l.i"~~u~.",.,;..,,~U i5 ! U" 6~ 1;~dtl;ffdhfd!!!!I! liij l~e!UlpUulhUI:;~ ~;: g ~ iII~ rd1i'iil"hU1ilPB pl. lId IdUPlhl! ~ ~ ~; ~ !:j ii iHiilUnUUi iUIUI! ill i 111111 i ; ill ! = ~ b lui1riUU,ilui 1111 i III ! j ~ I ; !i~ fill "rl ir.. Ii E = . I ~~ utumu I,li,' I i I · i ; II ; i 51 U .; ;..;; ~ ~~ U ii'I'I! If -II i ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ ~ ~ ~ : ; f i I I HUUU HU i II In.n,; Ii" .~~~~I ~ lil' lil lit lil iii Cil lit Iillil lil lit UIIU._ au HARBOR CAY TO_NHOU&E& 600 LAKESIDE HARBOUR Boynton ".eII, PIorI_ I RKB 1"'-- ..ArIIlIlIIl*................u....................... ......fIIlIlIIIDaf ,...,.6n; .."..., FAI.......... tnwtar Me"" C77~-tr& LA' I/D,' I.....i .,. I lL~) ; I WI R r i l~ D il ~'J~ PLANNING AND ZONING DEP'T March 9, 2007 Board of Commissioners The City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Re: Development Order Extension Gentlemen: Please accept our request: for an extension of twelve months for Boynton Beach Resolution 06-097, a Development Order for Harbor Cay Town Homes; an IPUD located within a few hundred feet North of Gateway Boulevard on Federal Highway going towards the Intracoastal Waterway. Due to various delays in obtaining approval for the underground utilities, only recently resubmitted after substantial prior oonsultation along with the expectation of further oomments requiring additional reconfiguration and another round of resubmission, and the sequential nature of the process whereby the plat cannot be delineated until the civil engineering is approved, and in light of the extensive Conditions of Approval that must be addressed; it is not likely that a oonstruction permit will be secured before the Development Order expires on May 2nd of 2007. Thank you, in advance, for your time and consideration. We trust that the Board of Commissioners shall look upon our petition with kindness and generousity. idRvon t Chief Executive Officer AmerCan Development Corp. The Managing Member for Harbor Cay, LLC Harbor Cay, lIe 605 lakeside Harbor Drive, Boynton Beach, Florida 33435, Tel: 561-734-3000 Fax: 561-724-3005 www.harborcay.com EXHIBIT "D" Conditions of Approval Project name: Harbor Cay File number: SPTE 07 -006 Reference: I DEPARTMENTS 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 WNING Comments: Conditions of Approval Harbor Cay SPTE 07-006 Page 2 DEPARTMENTS INCLUDE REJECT 1. The site plan time extension shall be subject to all previous Conditions of X Approval. 2. The Applicant shall pay the Capacity Reservation Fee amount due to the City X prior to final action by the City Commission on this Site Plan Extension request. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S :\Planning\SHAREDI WP\PROJECTS\Harbor Cay\SPTE\CO A. doc '-".~"~~-_,,,,,,,,,,,,-,",,,_,,,,,,,"-"'" DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Harbor Cay APPLICANT'S AGENT: Mr. Sid E. von Rospeunt, Harbor Cay, LLC APPLICANT'S ADDRESS: 605 Lakeside Harbor Drive, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 5,2007 postponed and heard on July 17, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from May 2, 2007 until May 2, 2008, for 23 proposed townhouses on a 1.429-acre parcel in the IPUD zoning district. LOCATION OF PROPERTY: East side of North Federal Highway, approximately 160 feet north of Gateway Boulevard. 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\Harbor Cay\SPTE 07-006\DO.doc ,G~\-r~"~,~ ! '. . ..\ f') J'i)\jX \0\ /0 \,):"'~"'~~. ,'" /,).'-7" 'V~-' _',v 'OH \:> CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBLIC HEARING ITEM 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 April 17,2007 April 2,2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May 1,2007 April 16,2007 (Noon) 0 July 3, 2007 June 18,2007 (Noon) 0 May 15,2007 April 30,2007 (Noon) [8] July 17, 2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7,2007 July 16,2007 (Noon) 0 Announcements/Presenta tions 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [8] Public Hearing 0 RECOMMENDA nON: Please place this request on the July 17, 2007 City Commission Agenda under Public Hearing. The Planning and Development Board on June 26,2007, recommended that the request be approved. Fdtfurtller:":,; details pertaining to this request, see attached Department Memorandum No. 07-060. c_' r0 --"--.,j! EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: Lake Worth Christian School (HTEX 07-004) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet - 10 inches, an exception of one foot - ten inches (1' -10") above the 30 foot height limit in the Rl-AA zoning district. ~ , ......,-"' DESCRIPTION: PROGRAM IMP ACT: NI A FISCAL IMPACT: N/A ALTERNATIVES, ~ 1M Development Depa ent DIrector ~ City Manager's Signature Assistant to City Manager Planning a oning Director City Attorney I Finance S:\Planning\SHARED\WP\P OJECTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\HTEX 07-004\Agenda Item Request Lake Worth Christian School HTEX 07 -004 7 -17 -07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07- 060 Chair and Members Planning & DeveIOPrlJ%!. t Board 111t::'</ Michael Rumpf - . Director of Planning and Zoning Ed Breese ~ Principal Planner June 14, 2007 Lake Worth Christian School / HTEX 07-004 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: Lake Worth Christian School, Inc Ms. Arianne Nielsen, Land Design South Ms. Arianne Nielsen, Land Design South East side of High Ridge Road, approximately one-half mile north of Miner Roac (see Location Map - Exhibit "A'') Public/Private, Government, Institution (PPGI) Single-family Residential (R-l-AA) No Change No Change 19,555 square foot Early Childhood Development Center/Elementary School addition, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building on a 16.24 acre site 16.24 acres Single-family homes, zoned AR (County); Single-family homes (Cedar Ridge Estates PUD), zoned PUD; Rights-of-way for CSX Railroad and 1-95; and High Ridge Road, and farther west, Single-family homes zoned AR (County). Page 2 Lake Worth Christian School HTEX 07-004 Memorandum No. PZ 07-060 BACKGROUND The applicant is proposing to expand the existing school, located on the east side of High Ridge Road, approximately one-half mile north of Miner Road. The project, which entails the addition of a 19,555 square foot Early Childhood Development Center/Elementary School Building, a 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building, is currently pending approval of a Conditional Use/Major Site Plan Modification (COUS/MSPM 07-003). Approval of the COUS/MSPM will be contingent upon the approval of this accompanying request for height exception for architectural building features (HTEX 07-004). The Early Childhood Development Center/Elementary School Building is proposed immediately east of the existing elementary school building (the easternmost building on the campus), and is proposed as a two (2) story building, with the child care operation on the first floor and the elementary school on the second. The maximum allowable height for the R-1-AA zoning district is 30 feet. The top of the principal parapet wall would be 26 feet - 6 inches in height. The stair/elevator tower at the southwest corner of the building has a hip roof to coordinate with the other standing seam metal roofs on the structure and provide architectural character to a rather unadorned corner of the building. Staff agrees the hip roof does provide the design characteristics desirable in a structure of this nature. The methodology utilized in measuring building height according to the Land Development Regulations, is to measure to the midpoint of the sloped roof, between the eave and the peak of the roof. In this instance that measurement equals a height of 31 feet - 10 inches, or one (1) foot - 10 inches above the maximum allowable height in the R-1-AA zoning district. The applicant therefore is requesting a height exception of one (1) foot - 10 inches above the maximum building height of 30 feet allowed in the R-1- AA zoning district. ANALYSIS The Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, limits all portions of structures in the City to a maximum height of forty-five (45) feet above the minimum finished floor, or to the maximum allowable height of the specific zoning district in which the structure is located. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and other 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, with the goal of allowing greater flexibility in building design. Building height for pitched gable or hip roofs is measured from the finished grade to the midpoint between the eaves and the ridge. The plans for the Early Childhood Development Center/Elementary School Building indicate the requested height exception is not necessary for the entire roof of the proposed structure, but only the southwest corner of the building, where the stair tower/elevator is proposed. The south building elevation (Sheet A-4) indicates the hip roof profile over the stair tower/elevator will have a height of 31 feet - 10 inches at the midpoint of the pitched roof. The applicant's request for a one (1) foot - 10 inch height exception for the hip roof Page 3 Lake Worth Christian School HTEX 07-004 Memorandum No. PZ 07-060 amounts to approximately 600 square feet of the entire 10,300 square foot second story, or approximately six (6) percent of the total roof area of the building. The stair tower/elevator portion of the building is approximately 74 feet from the nearest property line, the south property line, abutting the single-family residential homes within Cedar Ridge PUD. There appears to be an existing six (6) foot tall hedge along the property line separating the homes from the school property, as well as the existing trees depicted in the 17 foot wide landscape buffer along the south property line on the Landscape Plan (Sheet LP-3). Additionally, the applicant proposes to place Silver Buttonwood trees in the newly created parking spaces on the south side of the new building, and plant Live Oak trees and Royal and Sabal palms along the south fa<;ade of the structure. Lastly, the school property elevation is approximately five (5) feet lower than most of homes (some of which are two-story) along this area of the project, causing a retaining wall to have been installed. As such, the impact associated with the one (1) foot - 10 inches exception request has been significantly mitigated. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception. In addition, the ground elevation differences moderate any potential incompatibilities associated with the minimal request on the part of the applicant. RECOMMENDATION Staff generally supports the redevelopment and expansion efforts of schools within the City to further the provision of educational facilities and opportunities for the children. Staff is recommending approval of the application for the Conditional Use/Major Site Plan Modification and recommends for the approval of this request for a one (1) foot - 10 inch height exception based upon the mitigation of any potential impacts. Should this request be approved, approval should be contingent upon satisfying all staff comments noted in Exhibit "D" - Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "D". 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DESIGN SOUTH LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH. FLORIDA Planning I landscaDe Archileclure Envronmenlol Services! Transportation 1101 (..""''''01' W..I r-.ve. \""" 111' ow..,. ~CIO'T> ~..,,~". '. n.<<)l. I..~p"w~.. ~i""~~SO .!-"". "'''''".sc~: KIMBERL Y A. DELLASTATIOUS, P.A. Architecture and Planning.... ..AAC001716 422 North Dixie Highway Lake Worth, Florida 33460 (561) 582-5622 (561) 582-5623 FAX EXHIBIT C m~~U\n~ ,I ~ II JUN - 5 2007 Ii, :,.. I: I-'~I! ' - l__-~_--~._~~-.J P: :~,I"!!;',!r:..~ ';D 7\;~.1 :',{C; U~:PT I L i I I j June 2, 2007 Mr. Ed Breese Planning and Zoning Department City of Boynton Beach Boynton Beach, Fl. RE: LAKE WORTH CHRISTIAN SCHOOL ELEMENTARY SCHOOL AND EARLY CHILD DEVELOPMENT CENTER Dear Mr. Breese, We are requesting a height variance for the South West portion of the proposed Elementary School and Early Child Development Center. We feel that the request is a reasonable request based upon the following circumstances: 1. The request is only for the stair/elevator tower located at the SW corner ofthe building. 2. Due to the fact that this portion of the building is on a hill, the West side of this area does meet the height restrictions of 30' or less. The midpoint of the small tower sloped roof is +29' -2" above the stair/elevator finish floor. Only when you turn the corner to the South side of the tower elevation does it measure +31'- 10" due to the downward slope of the hill along the South side of the site. This only occurs for first 17' of the entire 138' South Elevation. All other portions of the building on all four sides measure below the required +30'-0" height limit. 3. Technically I could make the stair/elevator tower with a flat roofto resolve the height issue, but visually the tower looks more architecturally pleasing with the sloped roof. Please take this variance request into consideration for a increase in the height limit of the tower area. If you have any questions, please feel free to call me. Sincerely, KIMBERLY A. DELLASTATIODS, P.A. Ki!~~~~ President EXHIBIT "D" Conditions of Approval Project name: Lake Worth Christian School File number: HTEX 07-004 Reference: I DEP ARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic I Comments: None X UTILITIES COITlments: None "v' ^ FIRE Comments: None X I i POLICE I i I Comments: None X I I I ENGINEERING DIVISIOl'l i I Comments: None X i I BUILDING DIVISION I ! I Comments: None I X I PARKS AND RECREATION Comments: None ! X FORESTER/ENVIRONMENTALIST I Comments: None I X i Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: L None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: L To be determined. S:IPlanningISHARED\WPIPROJECTSlLake Worth Christian SchoollMSPM 07-003 COUS 07-0031HTEX 07-004ICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Worth Christian School APPLICANT'S AGENT: Arianne Nielsen - Land Design South APPLICANT'S ADDRESS: 2101 Centrepark West Drive, Suite 100 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2007 TYPE OF RELIEF SOUGHT: Request for a one (1) foot - 10 inch Height Exception to accommodate the stair/elevator tower to be located in the Early Childhood Development Center/Elementary School Building, LOCATION OF PROPERTY: 7592 High Ridge Road 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\Lake Worth Christian School\MSPM 07-003 COUS 07-003\HTEX 07-004\DO,doc Meeting Minutes Planning and Development Board Boynton Beach, Florida Heiaht Exception 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Motion June 26, 2007 Lake Worth Christian School (HTEX 07-004) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet - 10 inches, an exception of one foot - ten inches (1'-10'') above the 30 foot height limit in the Rl-AA zoning district. Mr. Casaine moved the request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet, 10 inches, an exception of 1 foot 10 inches above the 30 foot height limit in the Rl-AA zoning district be approved. Ms. Grcevic seconded the motion that unanimously passed. C. Land Development Regulations Rewrite Group 2 Code Review 1. PROJECT: AGENT: DESCRIPTION: Land Development Regulations (LOR) Rewrite (CDRV 07-004) Group 2 City-initiated Group 2 deliverable (remainder), pursuant to the LDR Rewrite Work Schedule, including: Article 1. Overview, Article 2. General Provisions, Article 3. Zoning Districts & Overlay Zones, and Article 4. Use Regulations, (excluding Use Matrix &Notes). These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. Mr. Casaine complimented staff on the presentation it made at the last meeting. He elaborated it was a good meeting and staff took into consideration questions they had. Mr. Rumpf thanked the members and acknowledged staff sometimes needed the outside input 5 ~\,"Y"'O.",t- /.. .."'. m ""\ [' ; "', ..;~ l!\\ .' .Ix 0\' /U fi-~ . /~\" V:r-oN'o VIII.-PUBLIC HEARING ITEM C. 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 Ci tv Clerk's Office Meeting Dates in to City Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June 19,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3, 2007 June ]8,2007 (Noon) 0 May ] 5,2007 April 30, 2007 (Noon) [8J July 17, 2007 Ju]y 2,2007 (Noon) 0 June 5, 2007 May 14,2007 (Noon) 0 August 7, 2007 July] 6,2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [8J Public Hearing 0 .."'/ - '~.".' RECOMMENDATION: Please place this request on the July 17,2007 City Commission Agenda unde.rpub1ic Hearing. The Planning and Development Board on June 26,2007, recommended that the request be approved. IRor fuithi5t details pertaining to this request, see attached Department Memorandum No. 07-059. -~i' -~ cr; EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: (,..I.~~ ----'-,.. DESCRIPTION: Lake Worth Christian School (COUS/MSPM 07-003) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for conditional use/ major site plan modification approval to add a two-story, 19,555 square foot Early Childhood Development Center, a 15,000 square foot General Use Building and a 6,000 square foot Athletic /Locker Room Building on a 16.23 acre site of the existing high school campus. PROGRAM IMPACT: FISCAL IMP ACT: ALTERNATIVES: ~O~ CIty Manager's Signature Planning and Z g Director City Attorney / Finance S:\Planning\SHARED\WP\PROJ CTS\Lake Worth Christian School\MSPM 07-003 COUS 07-003\Agenda Item Request Lake Worth Christian School COUS.MSPM 07-003 7-17-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07 - 059 FROM: Chair and Members Planning & Development Board Michael RumPf't~C/ Director of Planning and Zoning Ed Breese f/1!J1 Principal Planner TO: THRU: DATE: June 11, 2007 PROJECT: Lake Worth Christian School - COUS/MSPM 07-003 REQUEST: Conditional Use/Major Site Plan Modification approval for building expansions in conjunction with a 19,555 square foot Early Childhood Development Center/Elementary School, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building. PROJECT DESCRIPTION Property Owner: Lake Worth Christian School, Inc. Applicant/Agent: Ms. Arianne Nielsen, Land Design South Location: East side of High Ridge Road, approximately one-half mile north of Miner Road (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Public/Private, Government, Institution (PPGI)/ R-l-AA, Single family Residential Proposed Land Use/Zoning: No change proposed Proposed Use: Expansion of school facilities Acreage: 16.24 acres Adjacent Uses: North: Single-family homes, zoned AR (County); South: Single-family homes (Cedar Ridge Estates PUD), zoned PUD; East: Rights-of-way for CSX Railroad and 1-95; and West: High Ridge Road, and farther west, Single-family homes zoned AR (County). LW Christian School- COUS/MSPM 07-003 Page 2 Memorandum No. PZ 07-059 BACKGROUND Ms. Arianne Nielsen, agent, is requesting Conditional Use / Major Site Plan Modification approval for a 19,555 square foot Early Childhood Development Center/Elementary School addition, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building. The subject parcel is currently developed with a 13,952 square foot high school building, a 6,500 square foot middle school building, a 10,797 square foot elementary school building, a 15,160 square foot gymnasium, and outdoor recreation facilities. The proposed building additions will allow for 290 additional children. The Early Childhood Development Center (ECDC) requires Conditional Use review and approval in order to locate on the site. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey shows two (2) existing driveway openings to the subject prope~ both located on High Ridge Roact consisting of one-way pairs providing ingress and egress. No openings would be altered as a result of this site plan modification and no new driveways are proposed. These drives provide access completely around the existing and proposed buildings, for ease of waste removal, provision of emergency service, and student delivery and pickup. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. LW Christian School- COUS/MSPM 07-003 Page 3 Memorandum No. PZ 07-059 Parking for schools va/y based upon the type of school. The site currently consists of elementa/y middle and high school students. At the time of the addition of the gymnasium/ a shared parking analysis was conducted and it was determined that adequate parking was provided on-site/ considering the use of the gymnasium was slated for after school hours and/or weekends. The approval of the shared parking analysis indicated a peak demand of 71 parking spaces/ while 102 parking spaces were provided. Thus/ according to the analysis there was a surplus of 31 parking spaces at times of peak demand. Subsequently in 1998/ a 10/797 square foot elementary school addition was approve~ requiring an additional 22 parking spaces/ and 28 spaces were added to the east side of the project during construction increasing the total on-site parking to 130 spaces. The addition of parking spaces as part of the playfield project currently under construction will increase the parking on-site from 130 to 197 spaces. With the proposed major site plan modification/ the site plan (Sheet SP-1) indicates the parking has been increased by an additional 19 spaces/ bringing the total parking count to 216 spaces/ plus the addition of a loading zone space. The proposed Early Childhood Development Center (ECDC) will require 31 parking spaces and the expanded elementary school will require 20 spaces. The General Use building and Athletic/Locker Room building are proposed to be constructed in Phase II of the projeCC which will require formal site plan approval before they can be constructed. These two buildings are intended to be utilized for after school activities/ like the gymnasium. Any use of the General Use building for other than general assembly purposes during regular school hours/ such as additional classroom space or for accommodation of an increased student population wI'll require the parking to be recalculate~ and additional parking to be provided if required by code (see Exhibit "D// - Conditions of Approval). With the addition of the new buildings discussed above/ the total required parking for all buildings to be used during peak periods/ is 152 spaces/ and as noted earlie0 there are 216 parking spaces being provided with the major site plan modification an excess of 64 spaces. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. An additional dumpster enclosure is proposed to be located at the southeast corner of the area designated for expansion of the Elementary School and Early Childhood Development Center. The refuse and service area would be located such that it would be unobtrusive to pedestrian and vehicular traffic and in line with the other existing dumpsters in such a way to facilitate efficient removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations/ all utilities/ including potable water and sanitary sewer are available for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The landscape plan (sheet LP-3) shows the utilization of the type of landscape material already existing on the school prope~ including Live Oak trees/ Royal and Sabal Palm trees and Cocoplum shrub material, and the use of a water source other than potable water. With the proposed design the applicant has met all of the minimum landscaping requirements. In addition to the approximately LW Christian School- COUS/MSPM 07-003 Page 4 Memorandum No. PZ 07-059 17 foot wide existing landscape buffer along the south property line, the applicant proposes to place Silver Buttonwood trees in the newly created parking spaces on the south side of the new buildings, as well as plant Live Oak trees and Royal and Sabal palms along the south fa~ade of the structures. On the north side of the new ECDC building is the fenced outdoor playgrouncl, which is proposed to be screened with East Palatka Holley and Live Oak trees, along with Lady palms, and Wild Coffee and Scheff/era Arboricola shrubs. According to the Landscape Schedule on Sheet LP-4, of the 31 new trees and palms to be plantecl, 100% are native. Approximately 62% of the proposed accent plants, shrubs and groundcover plants are proposed to be native. Relative to the public art requirement, the applicant has indicated that they envision creating a bronze statue of children at play on site, to fulfill the regulations within the ordinance. According to their Public Art Information Form, the preliminary construction value is estimated at $3.5 million, which would equate to a 1% Public Art Fee of $35,000, and a budget of $24,500 for the art element itself, based upon the 70% calculation. No location on site has been chosen at this time. The Arts Commission, subsequent to approval of this development application, will conduct the review and approval of the actual art and location. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use/major site plan modification application proposes two (2) new signs, both wall signs, proposed on the south and the rear (east) sides of the ECDC building. On the elevations (Sheet A-4) the sign proposed for the south elevation utilizes approximately 14 inch blue, non- illuminated plastic letters and reads "Child Care'~ The signage proposed for the east elevation facing 1-95, also depicted on Sheet A-4, shows the use of 24 inch blue, non-illuminated plastic letters, which state "Lake Worth Christian Schoo/'~ The wall signage area would easily comply with Chapter 21, Article IV, Section J.C of the Land Development Regulations. The applicant proposes the use of 20-foot tall parking lot lighting fixtures, consisting of standard concrete poles with cutoff shoebox fixtures and flat glass lens. The photometric plan (Sheet EP-l) depicts lighting levels at the property lines at 0.0 and 0.1, which indicates no light spillage onto neighboring properties. The plan also indicates the use of 11 wall mounted light fixtures, white in color, to enhance the visibility and safety around the building and pedestrian areas. 7. Required setbacks and other open spaces. The proposed building would meet all setback requirements of the R-l-M zoning district, with the building being setback 74 feet from the south property line abutting Cedar Ridge Estates, and 158 feet from the north property line abutting a single family residence located in unincorporated Palm Beach County. A rear setback of nearly 490 feet is maintained from the CSX railroad and 1-95 right- of-way for the new ECDC building. In Phase II, setbacks for the proposed General Use Building and the Athletic/Locker Room Building will be more precisely determined. As part of this submittal, the tracts of land on which these buildings will be located are outlined to provide an approximate location for each. The proposed Athletic/Locker Room Building would be, at a minimum 25 feet from the east property line of Cedar Ridge Estates. When a site plan is submitted for Phase II at some future date, for formal approval of this building and the General Use Building, staff will scrutinize the LW Christian School - COUS/MSPM 07-003 Page 5 Memorandum No. PZ 07-059 plans to ensure that maximum separation from, and compatibility with the Cedar Ridge subdivision is achieved. According to the Site Data listed on the Site Plan (Sheet SP-1l the total proposed pervious area of the site is 11.15 acres or 68.65% of the site. This area consists mostly of the athletic fields, open areas, landscape buffers and areas around the buildings. Current/~ a softball fie/~ baseball field and soccer field are being constructed on the site, at the east and southeast end of the prope~ near the CSX Railroad and 1-95 end of the property. 8. General compatibility with adjacent property and other property in the zoning district. In genera~ the proposed use is compatible with the residential uses that surround it. Schools are a permitted use in residential zoning districts, like in this case, R-1-AA Single-family. Other than peak drop-off and pick-up hours for traffic, very few vehicular trips occur during the course of the da~ other than for special events after school hours. Palm Beach County Traffic Division has determined that the schools expansion plans meet the Traffic Performance Standards (TPS) of Palm Beach County. Palm Beach County does note that the southbound left turn movement at Gateway Boulevard and High Ridge Road remains a concern, but is not at a level to warrant improvements under TPS requirements. However, the City commissioned an intersection analysis to determine the best alternatives for the southbound geometrics at this intersection designed to fit within the existing pavement. Pinder Troutman Consulting, Inc., transportation consultants, recommended the southbound High Ridge Road approach to Gateway Boulevard be re-striped from a left turn lane, through lane, and right turn lane, to a left turn lane, shared left turn lane/southbound through lane, and right turn lane. The second left turn (eastbound) movement from High Ridge Road onto Gateway Boulevard should lessen the stacking of vehicles waiting to make a left turn. Public Works has discuss the recommendations with the Palm Beach County Traffic Division and the City has agreed to make the striping/pavement marking modifications at the intersection and the County will adjust the signal timing to improve the movement of vehicles through this intersection and hopefully decrease the intersection delays. The proposed building colors for the ECDC Building are compatible with the surrounding built environment. The body of the building is proposed to be painted a cream color: "Roycroft Vellum // (SW 2833). The trim is proposed as a white: "White Mist" (Porter 6943-1) and the building base is indicated a split face block in a buff color. Last/~ the roof is proposed as blue standing seam metal: A"restone UC3 - '~ward Blue'~ When the Phase II buildings are submitted for approva~ staff will look for the same or complimentary materials and colors in the design of those buildings. As noted earlier, the building setbacks exceed those of adjacent residential properties, with no setback less than 74 feet in width with three (3) levels of landscape; at the perimeter buffer, in the parking areas and against the bUIlding. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The maximum allowable height for the R-1-AA zoning district is 30 feet. The ECDC Building is designed as a two-story structure, with the child care operation on the first floor and the elementary school on the second. The top of the principal parapet wall would be 26 feet - 6 inches tall. The LW Christian School- COUS/MSPM 07-003 Page 6 Memorandum No. PZ 07-059 stair/elevator tower has a hip roof to coordinate with the other standing seam metal roofs on the structure and provide architectural character to a rather unadorned corner of the building. Staff agrees the hip roof does provide the design characteristics desirable in a structure of this nature. The methodology utilized in measuring building height according to the Land Development Regulations/ is to measure to the midpoint of the sloped roof, between the eave and the peak of the roof. In this instance that measurement equals a height of 31 feet -10 inches/ or one (1) foot -10 inches above the maximum allowable height in the R-1-M zoning district. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires/ domes/ cupolas and other 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. As such/ the applicant has made application to the City Commission for Height Exception approval (HTEX 07-004J and any approval of this COUS/MSPM application will be contingent upon approval of the Height Exception. The plans for the Early Childhood Development Center/Elementary School Building indicate the requested height exception is not applicable to the entire roof of the proposed structure/ only the southwest corner of the building/ where the stair tower/elevator is proposed. The south building elevation (Sheet A-4) indicates the hip roof profile over the stair tower/elevator will have a height of 31 feet - 10 inches at the midpoint of the pitched roof. The applicants request for a one (1) foot - 10 inch height exception for the hip roof amounts to approximately 600 square feet of the total of the 10/300 square foot second story of the building/ or approximately six (6) percent of the total roof area of the building. As noted earlier, the stair tower/elevator portion of the building is approximately 74 feet from the nearest property line/ the south property line/ abutting the single-family resIdential homes within Cedar Ridge PUD. There appears to be an existing six (6) foot tall hedge along the property line separating the homes from the school property, as well as the existing trees depicted in the 17 foot wide landscape buffer along the south property line on the Landscape Plan (Sheet LP-3). Additionall~ the applicant proposes to place Silver Buttonwood trees in the newly created parking spaces on the south side of the new bUilding/ and plant Live Oak trees and Royal and Sabal palms along the south fa~ade of the structure. Last/~ the school property elevation is approximately five (5) feet lower than most of homes (some of which are two-story) along this area of the project,. causing a retaining wall to have been installed. As such/ staff believes the impact associated with the one (1) foot -10 inches exception request has been significantly mitigated. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed addition to the school should have little effect on the economy of the City. 11. Conformance to the standards and requirements that apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments/ the proposed project would comply with all requirements of applicable sections of city code. LW Christian School- COUS/MSPM 07-003 Page 7 Memorandum No. PZ 07-059 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the school would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the analysis and findings contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for Conditional Use / Major Site Plan Modification be approved subject to satisfying all conditions of approval as contained in Exhibit "D" - Conditions of Approval. S:\Planning\Shared\ Wp\Projects\LW Christian School COUSfMSPM 07-003\StaffRepon.doc t L':5U Y l\JUjUU)4:\JelgnUDl1q~4 W _ UbULU).pSl S(~N , . El.....-" (c) Copyright 2006, Pictometry International LAKE WORTH CHRISTIAN SCHOOL EXHIBIT A EXHIBIT B I"~ , , I " , I- ~ ~---:. I , , I I , I :1 , , I I ., I : __ _____ ____ _.__:_J_L ____ _ ____ _ __ __ _____ _ _ ___ _ __ ___ _ _ __ _ _ _.-! MATCHLlNE- SEE SHEET SP2 1=f15 , O'f'O__'" Q I! ~I O.Oll'lWWO) ~ g ~~g I~ . ; I 'I ~,::::~ ~ . i I :--~-".~! Vlm -0.... 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DESIGN SOUTH LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH. FLORIDA Plonni"lg ! Landscape Architecture frwronmentai Services i TrOmDOrlotion ,-',~"~,",,>L'" w.." r_. l,~r~ '0'. ,,,,.,1 Pel.... 11KK't'.. f. J).O(lO ;"_''''''~~' ")8.fl~' 'h;D<:~"...Ii>.\(1'J II ! III ' II ! Ii Inli ! i I Ii I ! I I I III i I! ! I e 'Ii I I I" I. I' i I i Ji : I II' t ~ I. ! 'I! II I filii hi! if I ". I !! ' .e Ii Ii , I fz ~I;I~ ::11 ~ i : . , ~ J: '" Vl'" .".... I N.. I n ~r ~ '" b." U ;;I ~ ~ ~ ~ ~ I I ~ ~ i i c i 'i E; H gl .s I, ! Ill'" , \.; ( i MATCH L1NE- SEE SHEET SPI ...---- r--- ., JI' " , .' ~ il , , " I , il I , , I , , , ',J f---~'"'' Ii I' i, , II , I: i' I' il " il I !I " I' Ii II " i: " ;, \; II I Ii " I' , II , N Ii 0 z I il z C\ , ~ I I' il U ..:,.....:.. 1'!llile~ ~i ~..! 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DESIGN SOUTH Planning I Landscape Architecture Envfonmental Services I Transportation 2101 C"'_._'lliIMI.SuI'.lDO.~~'_-'l'I l3<<lI' T~'S<lI"71..a5ll1'FcD:.,Ul.oe..5D12 '8 1- S6 !as ,J! ~p EXHIBIT B r-------------:~ 1 1 , 1 ,~J de~ 1 ~' I ',..-.-':- 1 '"} "'11; I .~ ;;\; 1 q I 1 ~." I'.:::.".' 1 1 " 1 1 1 "'-~ I" n I' ~i ftl B. I "";:;:1, 1 '~'<-:-..'~'. ~,L~___,~:" ,J,-_ 11* .....- ',,~. ",,<', I "' ."' "U.., I W" ~ ~ ~~e~g~~ ~~~~ :><.:- ~~~'~~~~ z ~f:!~ ~ >~~~m;i! 3~Pffi ):"'0 ~~~~~~~ ~5b5~~5 ~E~~ ~~~ s8ss;~>~ Q~~ ~~~~O&;~ ~a~~~6a CJ:l:z;lo ~>:; C')oo::O-4m O....C"" m~=l ~"CI;:;;;;;;;~ffi~ X;=Z-l a~r~gQ5 Cln",,~ ~!:1J: ~~~~~~~ ~~~E ~mZ: ~m ~~~c: :S;-l ~~~~~~~ 5~ "'l!-4_Vl ~~g~ 8~~ ;~ ~gS~ ;;:;~8~ ZmC'i ~~:i:;~t5~ ~g ;~~~ ~S5~ ~~~ ~~:~~~~ ~C;;: ;iTi~~. 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DESIGN SOUTH Planning I Landscape Architecture Envronmental Services I Tromportaiion LAKE WORTH CHRISTIAN SCHOOL PREPARED FOR LAKE WORTH CHRISTIAN SCHOOL CITY OF BOYNTON BEACH, FLORIOA 7'CIC.""eD"","'..IO<tYe,SUO'..IOO''''.''l'oImh",,t.''1 ).'1.01()< 1..~,,;s.o'-'l7&./lSO"fD"~{,i~'"SO\; 'r'-m - >' ~...:: ]:q - I' ~N ~ !~ e .--h .. ~-"~-~..... ---...-..... -'-'" EXHIBIT B ",.,,_.. --::"'-~^...-~'... - ':-'::;;':' ;';,-~-.:;.;..;.:..... -- - -..- ~ o " ~ is z ~ " :I: I ~PIP ~ . ,'~ ~~.. ~ I ~ ! '" I~r-~!N~ ~ i O liiilWf !.l,~~~~ d~Wil ill ~Ul . 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DESIGN SOUTH Planning I landscape Architecture Envfonmentol Services \ Transportation 1101 c.nIr.-parli:w..1 o.w.. sue. IlID .WttSl.......teac!l.Fl UolM 1~'561....1U5D1 of1:a:Wl.71-5012 ~ I! , ig l~ I~ Ii ~ ~.... ...;~ I~II!' lilllll .~ 0 EI ~ ~~ . -~-i.-. ~ 0 1111 ~ EI '1'1 I I [ I: , I " ~ :: i~ ': i I C)CtpYfllc..<' '1;IS DOCl.I€NllS n.E I'RllPEllnor IUlolllEJtLO A I! t ~!~,~MI Q~~~~-::U~'=;~:-"'~"-"ii'-""-'" i II r' i I ~._t-~_ _ !:,.!!-_y CHLD DeY. CEtlTl!R ~~ I ,I I --- YO 1M ~ .... -.at. PI..aml ~ I~ !~ .m ~r- ~ ~ ~Iil !.~ .~II III h. :11 i EEl II 0 ~!~ HUIl'. IJlII ifi'Ii 8, "III' 'a,' ! .' !I ~ !i II III II II II ; ; 1111 'I I'l .~~ f:,;I!, ~ ~ Uli ~ ~Ifii 11 rn ~ ; ; EXHIBIT B i E ~ I, 'i I ~ o 2; c-~-F i @i) ~ 0 . =(I ~ =IMI .... ~ )I~--@ Ilii' @i) @ ,III I 0 2.9J 2:S=(I .@)--~ @ F 0 'II I'l l~ o 'ill Iii ~. ,g! i ; m~ i111 !!~J '. ~ 1EIInlll!llllll~ClI~g ~! I I I I I Iii i 5 ;i ~ ~ ~ ~ ~ ~ ~ ! ! ~ IHi!lq~g~ =~Hii~,q~ iAHiIIP~ ~ I ! i I I = ! ~ I ~ l!11~6d~ ~e~ i& ~ i ; ! I ! I 2 ~ ~ ~ !~ .~ .1 ~~ ~ , I'll I ~I ii ilium Hill D,J r.m " ~ s; ~m ~~ ; ; ~; ;; lJ~ I I ,0 '0 I '0 B3 II EI' EI' EE :-l------'c-D I II', I IIEE IS! I 'J I me I 1------ ----------- ! lEi ' I I ~i!H ~fU; ~ · (I !m ~~ ~ It____ il Ell, i ______n______n___.__...___.n_'__._ ,...... J . i EI ' El- '''1 \ I! I ffPJ P.;HII j-J I' 'III 'I I III I Ii I ,II I J / "1) 'm;lll;m ~~~ !II ~ I I 1'1 ; ; .1. . EXHIBIT B \J t ' I j - f~i! · -n:~; ~l ; ; II · o ccP"'I~T fIortS DDO..M:NT IS THe I'fl'Cf"ERTV IT ICIMIEllL.T"" OCU-ASlAf/DJS."", AU.. IttCi"~ RESUV(D MID AllY "ouaslfIf. REPIIlJDl.JCT[DN lJil DTlolE. USC) [J'" THIS ~DIlJCT ....lTIQIT He WII!TTE~ COoISOlT or 1CllllERl.Y " IltLuISUflDJS.,..... IS I'ROI4IllTEP CJl LI~~ I' :>>:- ~!I~I"I S~I CJl (II i'lll ~RLYA. ftIIIl ~TATIOU8, P.A. -r ...a_._......+~ ..... ..... -.: ..... .... ..... ~ ..... ~ --- ,.. ~ --- ..,....,. UICI!! wamt CHISIIAN 8CHOCI.. In. .....-rARY 8CHOOL &: EARLY CHI.D DEV. CENTER --- --~ ~! ~I I; i~ .! I tl LAND. DESIGN SOUTH . r--... i 0 i Planning W l ~- - __5... EXH IS T C Landscape Architecture Environmental Services PLAW!i\ Transportation ZOI~iNC :.. 561-478-8501. FAX 561-478-5012.2101 Centrepark West Drive, Suite 100. West Palm Beach, Florida 33409 r:' Justification Statement Lake Worth Christian School Approval of a Major Site Plan Modification and Conditional Use Submitted April 25, 2007 Resubmitted June 5, 2007 On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following: · Approval of a Maior Site Plan Modification to add a 10,300 SQuare foot elementary school (150 Children), 15,000 sQuare foot aeneral use buildina, and a 6,000 SQuare foot athletic complex · Conditional Use approval of a 9,255 SQuare foot Earlv Childhood Development Center that will include 140 children Property History and Site Characteristics The subject site is located on the east side of High Ridge Road, approximately one-half mile east of Hypoluxo Road. The site is currently an existing private school that includes grades Pre-kindergarten through 12. The development has previously gone through several amendments and site plan modifications. The subject property is 16.23 acres (706,979 square feet) in size. Currently, the subject site contains a Zoning designation of R1-AA Residential and a Future Land Use designation of Public and Private Governmental/Institution (PPGI). Interstate 95 bounds the site to the east, and High Ridge Road bounds the subject site to the west. To the north of the subject site is Unincorporated Palm Beach County with a Zoning Designation of Single Fami!y Residential (RS Palm Beach County) and a Future Land Use designation of Low Residential 2 units per acre (LR2 Palm Beach County). To the south of the subject property is Cedar Ridge PUD, a multifamily and single-family residential development. Nature of Proposed Proiect Site Plan Modification As mentioned, there is an existing private school currently on the subject property. The applicant is proposing a site plan modification to expand the existing school campus to include a two-story, 19,555 square foot building providing for an Early Childhood Development Center (ECDC) on the first floor and elementary school on the second floor. In addition, the applicant is proposing the addition of a 15,000 square foot general use building, and a 6,000 square foot athletic complex. The general use building and athletic complex will be accessory uses to the school complex. At this time the applicant is requesting approval of the locations and square footages of the general use and athletic complex buildings. As these two uses are proposed to be constructed during a later phase of the project, the applicant will provide the architectural footprints and elevations for these two buildings with a separate application to receive approval prior to their construction. Boynton Beach Code of Ordinances - Chapter 4 - Site Plan Review The existing school complex is requesting expansion to help better serve the ever-growing population. Lake Worth Christian School Page 1 June 5, 2007 EXHIBIT C The proposed project features an abundance of landscape, which compliments the proposed building and provides open space for the school complex. Some of the key design elements of the attached site plan are as follows: · 29 additional parking spaces have been provided to meet parking requirements; · A total of 79 extra spaces provided on site; · All other areas that are not in the proposed site plan modification area will not be maintained; · Inclusion of playground areas for the Early Childhood Development and Elementary School; · A 158' building setback is proposed from the north property line, as well as a 74' building setback from the south property line; · Existing landscape buffers will be maintained on site; · A 5' wall is proposed on the east and north of the proposed Early Childhood Development Center playground area with a lush landscape located on the exterior of the wall; · 7 drop off spaces have been provided for the Early Childhood Development Center; · A covered patio is located adjacent to the proposed elementary school/ECDC building providing a shaded area adjacent to the proposed playground; · A large open space to the north of the softball field. · Handicap parking requirements are met for the entire site; · Architectural footprints and elevations are included for the proposed elementary school and ECDC building. Footprints and elevations for the athletic complex and general use building will be provided with a later application submittal. · The landscape around the building exceeds requirements to provide a lush landscape and compliment the building and architectural features. . Chapter 4 Section 7 of the Boynton Beach Ordinance contains submission requirements for site plan applications. The site plan for the proposed development has been prepared in accordance with these requirements and satisfies the Code. Chapter 4 Section 8 contains standards for review and evaluation of all required plans. These standards and an assessment of the proposal are as follows: A. Natural Environment - The subject site is sparsely vegetated other than what has been approved by recent modifications, having partly been cleared for the development in the past. As such the proposal will not result in the removal of any significant vegetation. The proposal will incorporate a detailed landscape design that will enhance the built form on the site, create an attractive outlook from existing and proposed buildings, and enhance functional recreation spaces. B. Open Space - The proposed development provided several areas of open space including two playground areas, athletic fields including soccer, baseball, and softball as well as a track. In addition, the area to the north of the softball field is designated as open space. C. Circulation and Parking - The proposed development has been designed to comply with the City's traffic circulation and vehicular parking requirements. D. Community Services - The proposed modification does not prevent the proposed development from being serviced by Boynton Beach police and fire department. E. Buildings and Other Structures - The proposed development has been designed to incorporate with the existing neighborhood while also providing a functional school campus and amenities to future students and users. Internally, this has been achieved by providing play areas and landscaping areas to buffer the surrounding developments, separating vehicular and pedestrian Lake Worth Christian School Page 2 June 5, 2007 EXHIBIT C movement systems, and providing adequate separation between buildings. Externally, appropriate privacy relationships with surrounding properties are maintained by limiting the height of the proposed buildings to two stories, as well as through the provision of increased building setbacks. The site consists of existing landscape buffers, which will adequately screen the proposed building. In addition, the proposed signage is considered to be consistent with the requirements of the Code. The signage located on the proposed building is accented by landscaping. F. Concurrency and Level of Service Standards - The proposal is complies with the level of service standards under the Boynton Beach Comprehensive Plan. Chapter 9 - Community DesiQn Plan This Chapter applies to new construction and as such applies to the current proposal. In accordance with Section 5, elevation drawings of all buildings have been submitted. Section 10 contains design site criteria. The proposal's compliance with these criteria is summarized below: · Building Location - The proposal has been designed in an orderly manner to avoid unusable or inaccessible space on the site. In particular, the site layout separates vehicular and pedestrian movement systems on the site, thereby giving all spaces a distinctive function. · Vehicular and Pedestrian Circulation - As indicated the pedestrian and vehicular movement systems have been separated. Given the nature of existing development, cross-access to adjoining sites is not practicable. · Service Areas - Existing service areas will be utilized. All communal service facilities and utilities are appropriately screened. · Walls - All walls, fences and ancillary site elements will be designed in colors and materials to match the dominant building form within the development · Exterior Lighting - Exterior lighting will match existing lighting on site. A photometric plan has been submitted with this application. The lighting will not be of an intensity that produces any significant glare on surrounding properties. Existing lighting will be used with only a few lighting elements added for proper lighting of the site. · Landscape Features - The proposed landscape plan includes the required foundation planting per Landscape requirements and includes parking lot trees for the additional 29 parking spaces. The proposed landscape is compatible with existing and surrounding landscape on site. · Signs - Signage will be limited to a single entrance sign, as detailed on plans submitted with this application. The proposed sign has been designed to relate to the architectural character of the development and utilizes colors and materials that will complement the built form. · Exterior Building Design - The proposed development has been designed to integrate various buildings within an overall site plan that places emphasis on the communal areas of the site. The proposed buildings convey a human scale and are consistent with the traditional suburban characteristics of surrounding development. Lake Worth Christian School Page 3 June 5, 2007 Conditional Use Application EXHIBIT C As mentioned previously, the applicant is requesting approval for a 9,255 square foot Early Childhood Development, which is a conditional use under the R1-AA zoning designation. The Early Childhood Development Center will be located on the ground floor of the proposed two-story building. This would allow the site to include an additional service that would benefit and serve the surrounding communities. Bovnton Beach Code of Ordinances Chapter 2 - Zoning Chapter 2.5.C of the Boynton Beach Code of Ordinances relates to the Single Family Residential District (R1-AA). This section discusses the property development regulations for projects within the R1-AA district. These requirements are consistent with the attached Major Site Plan Modification Application and states that an early childhood development center is a conditional use. Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use application. These materials are included with the major site plan modification submittal and are to be reviewed concurrently. Chapter 2.11.2.0 of the Code outlines conditional use review standards. The proposed Early Childhood Development Center meets all the following standards for a conditional use: 1) Egress and Ingress The proposed project already has an existing entrance and existing parking areas, which create functional traffic circulation and access for fire trucks and delivery vehicles. 2) Off-street Parking All parking requirements are met on site and extra parking has been provided. Overall an additional 79 parking spaces in excess of code requirement are provided on site. Per the pre-application meeting with the City of Boynton Beach it was determined that 29 parking spaces are required for the proposed site plan amendment. Per the said meeting it was also determined that the general use and athletic complex buildings did not require separate parking requirements as they are accessory uses to the school. As such the proposed site plan exceeds all parking requirements. 3) Refuse and Service Areas The proposed site plan proposed project will utilize existing refuse containers and service areas. 4) Utilities The site has been previously designed to accommodate expansion such as the proposed application. Therefore existing utilities will be utilized and are sufficient for the proposed development. 5) Setbacks and Open Spaces The proposed site plan modification maintains the existing landscape buffers and creates a large open space north of the softball field. 6) Signage and lighting The proposed project will utilize existing lighting and signage. The only additional proposed sign will be located on the east fayade of the proposed elementary school/ECDC building as shown on the architectural elevations. The existing lighting will also be utilized with the exception of the addition of one new lighting fixture added to illuminate the proposed sidewalk that runs north and Lake Worth Christian School Page 4 June 5, 2007 south to connect the parking areas. EXHIBIT C 7) Height of Buildings The height of the proposed buildings are compatible with other buildings on site and are in harmony with the surrounding community and adjacent nearby properties. 8) Compliance, Compatible, and Conformance The proposed project complies with all Boynton Beach ordinances and Land Development Regulations. The proposed project does not create any nuisances and hazards as outlined in Section4.N of Chapter 2. The proposed development is compatible with surrounding communities and will benefit and serve the community A site plan has been prepared in accordance with these requirements. Section 11 - Preliminary and Final Development Plans The proposal's compliance with these regulations is included with this submittal. . Building locations and architectural elevations . Master landscape plan . Engineering Plans . Survey not more than 6 months old . Tabulations of development data . Site Development Plan The above information has been submitted with this application for review. Conclusion The proposed site plan modification is considered to be consistent with the nature of surrounding development and is suitable to the site context, being in close proximity to service infrastructure. The proposed conditional use will be consistent with the Boynton Beach Ordinances and is compatible with surrounding developments and will provide for and better the surrounding community. Accordingly, it is considered that the proposal is in the public interest and the Petitioner respectfully requests approval of the site plan modification and conditional use. Lake Worth Christian School Page 5 June 5, 2007 EXHIBIT "D" Conditions of Approval Project name: Lake Worth Christian School File number: COUS/MSPM 07-003 Reference: 2nd review plans identified as a Maior Site Plan Modification and Conditional Use with an June 5, 1 dZ D d k' 2007 P anmmr an omnlI enartment ate stamn mar lillI. DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse per the CODE, Section lO-26 (a). PUBLIC WORKS - Forestrv Comments: NONE X PUBLIC WORKS-Traffic Comments: NONE X ENGINEERING Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all 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 permit review. 4. 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. 5. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 06/25/07 2 , II DEP ARTMENTS INCLUDE REJECT UTILITIES Comments: 6. 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. 7. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there IS one, m accordance with the CODE, Section 26-207. 8. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be m accordance with the Utilities Department's "Utilities Engineering Design I , Handbook and Construction Standards" manual (including any updates) I i I and will be reviewed at the time of construction permit application. FIRE I Comments: NONE I X I !I I POLICE . I --I Comments: NONE X BUILDING DIVISION i__~ Comments: I 9. Buildings, structures and parts thereof shall be designed to withstand the i X minimum wind loads of 140 mph. Wind forces on every building or I structure shall be determined by the provisions of ASCE 7, Chapter 6, and I the provisions of 2004 FBC, Section 1609 (Wind Loads). ~! I 10. 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. II. At time of permit review, submit signed and sealed working drawings of the I X proposed construction. ! , 12. If capital facility fees (water and sewer) are paid in advance to the City of X I , Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B The total amount paid and itemized into how much is for water and how I COA 06/25/07 3 DEP ARTMENTS INCLUDE REJECT much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 13. 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. 14. On Sheet EP-l, the light poles shall be designed and installed to comply X with the 140 MPH wind requirements of Chapter 1609 of the Florida Building Code. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: 15. The landscape improvements shown on the four (4) color elevations should X be the actual heights of the proposed trees and vegetation to scale. This will show the visual buffer proposed for these elevations at time of installation and inspection. PLANNING AND ZONING Comments: 16. Building height in R-1-AA may only reach a maximum of 30 feet to the X mid-point of any pitched roof. Approval of the COUS / MSPM is contingent upon approval of the height exception (HTEX 07-004). 17. Phase II buildings (General Use Building and Athletic Complex Building) X will require separate site plan approvals at a future date, since the necessary drawings are not part of the approval package. The footprints of the buildings and their location on the site would be approved for concurrency purposes, as part of the MSPM/COUS approval. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: I. None X ADDITIONAL CITY COMMISSION CONDITIONS COA 06/25/07 4 : DEPARTMENTS INCLUDE REJECT :1 I I ,! Comments: , I ~i I I 1. To be determined. I MWR/sc S:IPlanningISHAREDIWPIPROJECTSILake Worth Christian SchoollMSPM 07-003 COUS 07-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lake Worth Christian School APPLICANT'S AGENT: Arianne Nielsen - Land Design South APPLICANT'S ADDRESS: 2101 Centrepark West Drive, Suite 100 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2007 TYPE OF RELIEF SOUGHT: Request approval for Conditional Use/Major Site Plan Modification approval for building expansions in conjunction with a 19,555 square foot Early Childhood Development Center/Elementary School, 15,000 square foot General Use Building and 6,000 square foot Athletic/Locker Room Building. LOCATION OF PROPERTY: 7592 High Ridge Road 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\Lake Worth Christian School\MSPM 07-003 COUS 07-003\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2007 Motion Vice Chair Hay moved to approve the minutes as presented. Mr. Casaine seconded the motion that unanimously passed. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the May 22, 2007 Planning and Development Board Meeting Agenda Items. Mike Rumpf, Planning and Development Director, reported the following items previously reviewed by the board were approved by action of the City Commission: > NW 7th Court Zoning Variance (Homrich) "" Land Development Regulations (LDR) Code Rewrite, Group II deliverables Mr. Rumpf advised he would review a publication distributed to the members after the meeting. 6. Old Business None 7. New Business A. Lake Worth Christian School Conditional Use DESCRIPTION: Lake Worth Christian School (COUS/MSPM 07-003) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for conditional use/major site plan modification approval to add a two-story, 19,555 square foot Early Childhood Development Center, a 15,000 square foot General Use Building and a 6,000 square foot Athletic 1. PROJECT: AGENT: OWNER: LOCATION: 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2007 /Locker Room Building on a 16.23 acre site of the existing high school campus. Chair Wische read the request. Attorney Seaman administered the oath to all persons intending to testify. Chair Wische reviewed there were 18 staff comments attached to the request. Arianne Neilsen, Land Design South, was present and agreed with all conditions of approval. Ed Breese, Principal Planner, suggested hearing the conditional use and height exception items together and that approvals be made via separate motion. The board had no objection to the suggestion. Mr. Breese read the background information contained in the staff report and elaborated the requested addition would allow for an additional 290 children and required approval in order to be located on the site. Mr. Breese reviewed an aerial map of the property showing the property to the north, which were unincorporated single-family residential lots. The property to the south was Cedar Ridge. Ball fields were being added to the site and there would be 216 parking spaces, which was an excess of 64 spaces. There would be a 158 foot setback from the north property line abutting the single-family neighborhood in the unincorporated area. The building would be situated 74 feet from the rear yard property line and nearly 490 feet from the CSX railroad and 1-95 right-of-way. The R1-AA zoning regulations required 7.5 feet be maintained on the sides of the structure. The athletic/locker room building would be located 25 feet from the east property line. Mr. Breese explained the County approved the traffic performance standards, but had expressed some concern with the southbound left turn from High Ridge Road onto Gateway. The actual development, however, did not necessitate improvements. The City had a traffic analysis done on the intersection and agreed to stripe the intersection in accordance with the consultants recommendation. There would be a southbound left, a southbound shared left and through and a southbound right turn. The City had contacted the County Traffic Engineer and they would time the signal accordingly once the improvements were made to improve traffic flow and avoid stacking at the intersection. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2007 In reference to the height exception, Mr. Breese reported the height requirements were within the range allowed in the R1-AA zoning district. The building was 26 feet, 6 inches but the hip roof above the elevator stairwell area, had a height of 31 feet, 10 inches. The applicant was requesting an exception of 1 foot, 10 inches. Mr. Breese indicated there was a 17-foot landscape buffer and the new parking area being created in the front of the building would have trees. There would be other trees up against the building for additional buffering to the south. He advised the Cedar Ridge property sat five feet higher than the Lake Worth Christian School property with a retaining wall. Staff advised there was ample justification for the height exception and recommended approval of both the height exception and the conditional use/major site plan modification. An affidavit from the applicant advising that the surrounding property owners were notified was submitted by the applicant. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz asked about the recreational area immediately adjacent to Cedar Ridge. Mr. Breese explained it wrapped Cedar Ridge to the east, and the combination soccer/baseball field would be located there. The softball field would be more aligned towards the buildings towards 1-95. Ms. Jaskiewicz expressed concern with fly balls. Mr. Breese explained the fields would not be lit and were for day use only. Additionally there would be backstops. Mr. Casaine asked about speed bumps. Mr. Breese advised speed bumps were located on High Ridge Road near the school to slow traffic, as well as on the school campus. Ms. Jaskiewicz commented she liked the onsite, school bus drop-off area. Motion Vice Chair Hay moved the request be approved for a Conditional Use/Major Site Plan Modification to add a two-story 19,555 square foot Early Childhood Development Center, a 15,000 square foot General Use Building and a 6,000 square foot Athletic /Locker Room Building on a 16.23 acre site of the existing high school campus subject to all the conditions of approval. Ms. Jaskiewicz seconded the motion that unanimously passed. 4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VIII.-PUBlIC HEARING ITEM D. Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office 0 April 17,2007 April 2, 2007 (Noon.) 0 0 May 1, 2007 April 16,2007 (Noon) 0 0 May 15,2007 April 30,2007 (Noon) [8J 0 June 5, 2007 May 14, 2007 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 19,2007 June 4,2007 (Noon) July 3, 2007 June 18, 2007 (Noon) July 17, 2007 July 2, 2007 (Noon) August 7, 2007 July 16, 2007 (Noon) NATURE OF AGENDA ITEM o o o o [8J Announcements/Presentations Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report New Business Legal Unfinished Business N RECOMMENDATION: Please place this request on the July 17,2007 City Commission Agenda under P..ublic Hearing. The CRA Board and Planning & Development Board reviewed this item on June 12,2007 and June 26, 2007, respectively, and forward it with their recommendations for approval of Part 2 of Group 2 of the LDR Rewrite. Staff' recommends that this draft work product be approved by the Commission, and any changes directed by the Commissi9n can be incorporated into the final document. For further details pertaining to this request, see attached Department Memoran.dum No. 07-055. (".. EXPLA,,~ATION: In accordance with the approved work schedule, staffis forwarding for Commission review, the remaining portion of the work products of Group 2 identified as the Zoning Districts & Overlays. This portion of the rewrite of the City's LDRs represents the majority of Chapter 3. Zoning, excluding Article V. Supplemental Regulations which is to be included in a subsequent deliverable (Group #5). This section of the proposed rewrite includes the lot and unit standards that correspond with each zoning district in the City. You will recall that the minimum setback standards were last updated in March of2005, which therefore are not proposed for further changes as part of this project. The more substantive changes and improvements as part of this group include the following: 1) Revisions to the description of the Martin Luther King Jr. Boulevard Overlay District to recognize and transition to the applicable mixed-use district; 2) Added narratives that differentiate between suburban and urban mixed-use zoning districts; 3) Addition of the Mobile Home Park Planned District to further the affordable housing initiative; and 4) The renaming of the performance standards and application to all zoning districts. Staff is currently drafting the necessary changes to Group #3 (involving parking standards, parking lot layout, lighting, and infrastructure) for circulation for review in July or August. PROGRAM IMP ACT: This item represents continued and timely progress toward completion of the LDR rewrite. FISCAL IMPACT: N/A AL TERNA TIVES: Not accept the draft work product presented by staff, or a ' rove with revisions. Develop Z-L~)? / Planning and Zon~g11)irector City Attorney / Finance S:IPlanningISHARED\WPISPECPROJILDR Rewrite (2005-2006)\GeneralIAgenda Item Request Group 2 Use Matrix & Notes CORY 07-004 6-1 9-07.doc S:\BULLETINIFORMS\AGENDA ITEM REQUEST FORM.DOC Assistant to City Manager TO: FROM: DATE: RE: DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-055 Chairman and Members, Community Redevelopment Agency Board & Planning and D~v~14m~nt Board Michael Rump~ Planning & Zoning Director June 7, 2007 LDR Rewrite - Group 2 - Zoning Districts & Overlay Zones (CDRV 07-004) INTRODUCTION Accompanying this cover report is the next deliverable in a series of draft sections of the proposed LDR rewrite - Zoning Districts and Overlay Zones, corresponding regulations and General Provisions. This deliverable represents the remainder of Group 2, which is following the Zoning Use Matrix that was previously circulated for review. This section is to ultimately represent Chapter 3 of the new Land Development Regulations (see attachment). Proposed Chapter 3 is being organized into the following Articles: lutic1e I. Overview; Article II. General Provisions; Article III. Zoning Districts & Overlay Zones; and A.rtic1e N. Use Regulations. This new chapter represents a rewTite and replacement of those portions of the current regulations within Part 3, Chapter 2. Zoning, Sections 1 through 8.5, 11.1, 11.2, and Chapter 2.5. It should be clarified that Article V. Supplemental Regulations, of the proposed rewrite, is within Chapter 3; however, it is scheduled for analysis and reformatting as part of Group #5 (to be circulated for review this Fall). Article V will contain sections on accessory structures, swimming pools, sidewalk cafes, and non-conforming lots, to name a few. You will recall the most recent amendments made to the current zoning district regulations intended to implement current initiatives and further redevelopment planning efforts. These code amendments included: . The establishment of, and subsequent amendments to the mixed-use districts (est. June, 2002 and amended May, 2004 and December, 2006); . The reduction in, and flexibility added to setback requirements in sing1e- family zoning districts to minimize need for variances for minor home expansions or infill projects (March, 2005); and . The addition of the Urban Commercial District Overlay to require the compatibility of conventional developments with mixed-use developments (August, 2005). Land Development Regulation Rewrite-Group 2 Page 2 The above-described amendments remain generally consistent with city direction, and therefore are acknowledged by staff in the proposed rewrite. Except for the omitting of the "Agricultural" district, and addition of the new mobile home park district, the proposed changes are primarily limited to non-substantive, beneficial reformatting and editing; and the addition of tables and graphics to clearly portray lot restrictions and selected regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort continue to be monitored for attainment, and are emphasized in each cover report. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach, continue to be furthered by this deliverable. The original obj ectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. 1. PreservelUtilize work efforts initiated/accomplished by the consultant including work products, discoveries, pertinent recommendations, and input collected from the public, staff and elected officials during workshop sessions; 2. Maximize user-friendliness in the ultimate document with the appropriate and logical organization, interconnectivity, and writing style; 3. Maintain public involvement in the rewrite process, including input from local professionals "experts"; 4. Use a dynamic approach in the rewrite effort allowing the shifting of resources as needed to address current issues and Commission direction; and 5. Continue to deliver optimal customer service to the public and applicants during the proj ect. Objectives #1 & #2: The proposed rewrite continues to improve the organization of the City's regulations that have, for many years, gone through incremental and partial amendments. The subject deliverable emphasizes user-friendliness through clear and concise wording, elimination of duplicate and unnecessary text, the addition of graphics and of most value, the insertion of tables to isolate the respective lot and building restrictions. Furthermore, master tables are also proposed that concentrate all relevant lot restrictions for a group of like districts (i.e. residential vs. non-residential), with the intention of minimizing the different locations that must be identified and reviewed by someone researching zoning information. User-friendliness continues to be a primary objective, guiding both the format and graphic representation of the proposed regulations. Land Development Regulation Rewrite-Group 2 Page 3 Objective #4: Staff continues to acknowledge current priorities and issues that surface while rewriting the Land Development Regulations. For example, as accommodated in the Zoning Use Matrix, a Mobile Home Park Planned District, and the corresponding restrictions, are proposed to further the City's affordable housing initiative. Existing, and future issues that arise, will also continue to be considered in the rewrite project for review by the public, advisory boards and Commission. It should be noted that there are other potential regulatory provisions excluded from the rewrite to date, that may address current needs or initiatives in the city, and/or are being implemented in other jurisdictions. Two examples include regulations to accommodate Transit Oriented Developments (TODs) and "cottage" districts. Staff will continue to research these provisions and propose warranted additions within subsequent deliverab1es or prior to adoption. OTHER NOTEWORTHY CHANGES In addition to the attributes described above, other improvements are described as follows: . The addition of the Future Land Use classifications in the descriptions of the respective zoning districts; . Consistent and simple formatting established for each zoning district section limited to the most applicable regulations requested by the public and other users of the code; . Rewritten and updated "Intent and Purpose" sections for greater basis and legal foundation for the zoning regulations; . The reorganization and logical grouping of all original districts with the relatively new planned development and mixed-use districts; . Necessary editing that clarifies and minimizes descriptions of administrative processes, and added references to the appropriate locations in Chapter 2 where the descriptions for land development processes are to be consolidated; . Revisions to the description of the Martin Luther King Jr. Boulevard Overlay District that facilitates the proper recognition of, and transition to the applicable mixed-use district; . Added narratives that provide the necessary distinction between suburban and urban mixed-use zoning districts; . The renaming of the performance standards and other revisions needed to apply the standards to uses within all zoning districts, as well as to uses subsequently considered for incorporation into the zoning regulations; . The binding of the parallel requirements of the Comprehensive Plan and Zoning Code (i.e. through the use of appropriate wording when describing maximum density or floor-area-ratio); and . Consistent use of cross-references to provide beneficial guidance and connection to related processes and sections in the code. Land Development Regulation Rewrite-Group 2 Page 4 SUMMARY /RECOMMENDA TION Staff recommends that the Boards and Commission approve this draft of the remaining portions of Group #2. Any changes and comments proposed by the Boards and approved by the Commission will be incorporated into the document or schedule for ultimate ordinance preparation and processing. MR Attachments S:\Planning\SHARED\WPISPECPROJlLDR Rewrite (2005-2006)IGeneraIIGroup 2 report - Zoning Districts & Regulations 6-12- 07.doc CHAPTER 3. Articl e 1. Article II. Article Ill. Article IV. Article V. LOR REWRITE GROUP #2 ZONING Overview General Provisions Zoning Districts and Overlay Zones Use Regulations Supplemental Regulations (Enclosed) (Enclosed) (Enclosed) (Enclosed) * (Excluded) * * * Excludes previously reviewed portions (Use Matrix, Notes and Restrictions) Article V is included within Group #5 of the LDR rewrite project. ** CHAPTER 3. Arti cle I. Article n. Article III. Article IV. Article V. SeetioR 1. Seetion 2. SeetioR 3. SeetioR 1. SeetioR 5. Seetion 6. Seetion 7. Seetion 8. Seetion 8.5 SeetioR 9. Section 10. Seetion 11. Seetion 11.1. Seetion. 11.2. SeetioR 11.3. Section 12. Sec{ioR 13. Section. 11. Section. 15. Section 16. Seetion 17 ZONING ZONING CH.\PTER 2 ZONING Overview General Provisions Zoning Districts and Over1av Zones Use Regulations Supplemental Regulations DefiB:ition.s of terms. Seope a:nd authority of the zon.iRg regulations. Regu1atioRs a:nd map. GeHemI proT,'isioRS. ResideHtial distriet regli1ations and lise pro'lisions. Commereia1 <:listric{ regalatioRs a:nd liSt:! provisions. Plar.ned iBdustrial deve10pmcHt distriot. M I inoostriaJ. distriot regulations and lise pro';isions. OT,'erlay zon.es .\dministFatioa. a:nd eHforeemcnt. Reserved. Sl!j3plem6fttaJ. reg1:l1ations. NOReonf{)rmiRg uses 8:Fld structures. Condition.allises. ERviromneH:taJ. Fe'lie',Tl permits. InterprotatioR B:B.d purpose. Existing bulkhead line ratified and eoa.firmed. Bulkhead line; peuuit required for land filling. CORmet of ia.tcrcst. Bed B:B.d breakfast. Sidewalk Cafe. ARTICLE 1. OVERVIEW June 5, 2007 Section 1. Use of Terms. DefiRitioa.s of terms GENER..:\L DEFINITIONS. All words used in the present tense shall include the future tense; All words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless specifically indicated the RaMal construction indieates otherwise; the words "used for" shall include the meaning "designed for," the word structure shall include the word "building," the word "lot" shall include the words "plot and tract," and the word "shall" is mandatory. Section 2. Scope. A. SCOPE. The purpose of these regulations is to promote the phvsica1 and economic development of the City. and foster the use and eniovrnent of property in a 1 ZONING manner consistent with adopted plans, regulations, and policies. The intent of these regulations is to promote public health, safetv, and welfare: to provide for efficient circulation: to improve the appearance of the communitv: to assure compatible land uses: and to preserve the resources and character of the area. This zoning regulation i-s-a includes comprehensive zoning rules regulation for the City of Boynton Beach, Florida; dividing the city into districts and establishing the boundaries thereof; regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of buildings, structures or land or water; regulating and restricting the height, number of stories, and size of buildings and other structures; regulating and restricting the percentage of lots that may be occupied; regulating and restricting the size of yards, courts, and other open spaces; regulating and restricting the density of population; regulating and restricting the location or use of buildings, structures, and land and water for trade, industry, residence, agrioul-rn:re, and other purposes; specifying the use of defining certain terms herein ~; providing for the administration, enforcement and amendment of this regulation; establishing and defining the powers and duties of both the Planning and Development Board and the Community Redevelopment Agency Board pl8:11ftiFlg aFld de'lelopment ~; establishing and defining the powers and duties of the Building Board of Adiustment and Appeals board of adjustment; setting penalties for violation ofthis zoning regulation and authorizing resort to other remedies to prevent or abate violation; providing that this zoning regulation shall supersede any previous zoning ordinance or resolution; and for other purposes. Section 3. Authoritv. B. "^.UTHORITY. Pursuant to the provision of the Charter of the City of Boynton Beach, Florida, the City Commission of the City of Boynton Beam, Florida, has adopted and hereby declares the intent to utilize the "Official Zoning Regulations" (together with the official zoning map) for the betterment of the city as so entrusted to them. Section 4. Amendments to Zoninf! Code (Code Review) Any request to amend any text of the zoning code herein shall conform with Chapter 2, Article II, Section 12. Section 5. Official Zoninf! Map. Section 3. Regulations and map. This set of regulations together with the official zoning map with explanatory matter thereon, shall be known. used and may be cited as the "Official Zoning Regulations of the City of Boynton Beach, Florida, Palm Beaeh Connty." ') June 5, 2007 ZONING A. Adoption. OFFICL^...L ZONING M..^...P. 1. .^...doption. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, are ts hereby adopted. The official zoning map shall be maintained as a digital format GIS document. The most recent version of the official zoning map shall be kept on file, in printed form, in the office of the City Clerk. B. Updates 2. Updates. The City Commission may amend the official zoning map from time to time by ordinance. The official zoning map shall be notated to list all revision dates and Ordinance numbers. C. Establishment of Zonin2 Districts. 3. Establishmoot of zoRing distriets: The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R 1 ~\.A~^1>>. Single family resideatia1 distriot R-l-AAB Single-family Residential residential district R-l-AA Single-family Residential resideatial district R-I-A Single-family Residential residential district R-l Single-family Residential residential district R-2 Single-and two-family Residential resideHtial district R-3 Mu1ti-familv Residential district Multiple fmni1y resideHtial district IPUD Infill Planned Unit Development district PUD Planned Unit Development district MHPD Mobile Home Planned Development district C-l district Office and Professional Commercial prof-essiona1 C-2 Neighborhood Commercial commercial district C-3 Community Commercial oommercia1 district 3 June 5, 2007 ZONING C-4 General Commercial commercial district CBD Central Business business district PUD Planned unit development district PCD Planned Commercial Development commercial district SMU Suburban Mixed-Use district PID Planned industrial development district M 1 Industrial district PU Public usage district REC Reci'eation 11U L Mixed Use Lov; InteRsity district MU-L1 Mixed Use-Low Intensity 1 district MU-L2 Mixed Use-Low Intensity 2 district 'tvfU-L3 Mixed Use-Low Intensity 3 district MU-H Mixed Use-High Intensity district M -1 Industrial district PID Planned Industrial Development district PU Public Usage district REC Recreation district l.G .^..gricu1ture D. Zonin2 District Boundaries 1:. Chan2es 1. Changes in district boun.daries. In accordance with the provisions of these official zoning regulations, and applicable provisions of both the Charter of the City of Boynton Beach, and applicable provisions of Chapter 163 of Florida Statutes, changes may be made in 4 June 5, 2007 ZONING district boundaries or other matter portrayed on the official zoning map by action of the City Commission. The official zoning map shall be maintained in the records of both the Office of the City Clerk and the Department of Development, and made available for viewing bv the general public of Boynton Beaoh. \VithiH thirty (30) days after the passage and the receipt of a properly attested copy of a chaRgc or an affiefidment by orEliHaH.ee, the planning direetor or de'lolopmeHt director shall make the proper ehange on the official zoning map and shall keep on file the copy of the change aH.d make same available for referenec for the general public. 2. Interpretation. of district boundaries. 5. Rules for interpretation .!: Extent. a. Extent of district boundaries: The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided. b. Locations. b. BOliildary locations: District boundaries follow lot lines, centerlines of right-of-ways of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In unsubdivided property, unless dimensioned, lines shall be determined by the use of the scale on the map. ~ Waterwavs. c. Boundaries following waterway shorelines. District boundaries will follow changes in shorelines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulations of the abutting district adjacent as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts. d. Abandonments. d. Boundaries cOHceming aaaH.doBlRent. If the boundaries are not changed, the zoning of the property abutting shall June 5, 2007 5 ZONING extend into and to the centerline or to such ownership line as can be determined of the property abandoned. ~ Annexation. c. Boundaries and zoning. Boundaries and zoning of all lands annexed into the city shall be determined at the time of annexation. f. Variations in Zoninl! District Boundaries. f. Boundary yariations. Where there are variations or v/here the actua110cation on the ground differs from the mapped location, the interpretation shall be to avoid changing the zoning stat:as of any lot or parcel. Necessary interpretation shall be made bv the Director of Planning and Zoning, or the interpretation shall be made by the planning director and/or the planning and development board aRd City Commission as to the intent and purpose of these official zoning regulations. g. Division of a lot of record. If a division of a lot of record makes impractical the reasonable use of land, the extension of either portion may be pcnnitted as an eJweption beyond a district line to a determined extent or into the remaining portion of a lot upon appro'lal by the planning and deyelopment board and the City Commissior... Section 6. Relationship to Adopted Plans. Guidelines or Other Rel!ulations. 7. ;\pplication of zoning regulations and adopted plans or design gaidelines. 'A'here When the adopted comprehensive plan for the city, adopted plans for the development orredeve10pment of particular areas of the city or adopted design guidelines include policies which impose limitations or requirements on the use or development of property generally or for specific properties, which are more restrictive than those set forth in these zoning regulations, including district regulations and use provisions, including policies which limit the type or intensity of use of property, residential densities, or the height, setbacks, bulk, or design of structures, or site design, the more restrictive limitations or requirements set forth in such adopted guidelines or plans shall supersede the provisions of these zoning regulations. 8. f~pplication of zoning regulations and other regulations. Vlhere When other use or development regulations are more restrictive than those set forth in these zoning regulations, or in the case of conflict between specific provisions contained in these zoning regulations, including regulations 6 June 5. 2007 ZONING which limit the type or intensity of use of property, residential densities, the height, setbacks, bulk, or that regulate site design, the more restrictive regulations shall apply. (Ord. No. 02-013, ~ 2, 4-2-02) Section 12. Interpretation and purpose. In interpretation and application of this ordinance, the provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not the intent of iFltended by this ordinance to interfere with.. 6f abrogate.. or annul any easements, covenants.. or other agreements between parties,:.; pro'lided, hO':lever that where this However. in instances when this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements.. the provisions of this ordinance shall control; and pro'lidBd fur.her that Furthermore. this ordinance shall not be construed to supersede as superseding any special act of the legislature relative to the subject matter of this ordinance. If, because of error or omission in the zoning map, any property in the city is not shown as being in a zoning district, the classification of such property shall be R -l-A single-family, unless changed by amendment to this ordinance. S:IP1anninglZoning Code UpdatelLDR RewriteIPart III\ChapterslChapter 3 ZoningIFinallArticle I Overview. doc June 5, 2007 7 June 5, 2007 ZONING ARTICLE II. GENERAL PROVISIONS G. TOWN HOUSE. ,,\11 to'.TlD. ho:use de>/elopmen.ts shall oonform to the district zonmg and shall meot the follovling miniml:lfB. requiremoots: 1. Eae-h to'.vn house shall have its O'.VR lot area, each yard private and reasonably secluded from vie'l; of streets or neighboring property. 2. Eac-h to\.Vil house shall haole a direct automoti'le access from the off street parking space to a public streot. 3. ,,\11 outdoor, rear yard areas ased for drying of clothes shall be screened from view frem the street and from adjoinmg yams and lots. 1. pa;rking space shall be provided for as by Section 11 H. 6. App1ioation of district regulations. The regulations for set by the zoning regulations T.vithin each district shall be minimum or maximum limitations, as appropriate to the case, and shall apply uniformly to each class or kind of structure, use, or land or water except as hereinafter provided: provided otherwise in these regulations. Section 1. Use. a. Usc. No building or structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered except in conformity with the regulations herein specified for the district in which it is located. Section 2. Fronta2e. e. Public streot frontage. Ea.eh shall be ereoted on a lot ',vflieh abuts or has access to a p1::1blic or private street, road, or easement for ingress or egress. Such acoess shall be of adequate width to suit the use of the property aHd shall meet the requirements of the city. C. BUILDING FRONT"A~GE. Every principal building shall be located on a lot or a publicly dedicated, accepted.....and maintained street or private street which conforms to accepted street standards of this city. Section 7. Lots. All lots shall have frontage on a street or have permanent private access to a street which has a minimum right-of-way of fifty (50) feet. All lots shall have the area, frontage, width and depth required by the prevailing or approved use zone wherein said lots are located. When a subdivision is proposed under land with existing structures that are proposed to be retained, lots are to be designed so as not to cause existing structures to become nonconforming with respect to building area or lot size. When lots are platted abutting a collector or arterial street, access shall be limited to local streets or marginal access roads. No access 1 ZONING from individual lots shall be permitted directly to collector or arterial streets. Double frontage lots or through lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography or orientation. Where double frontage lots are developed they shall be buffered as required by this ordinance. A. Corner Lots. Corner lot lines at intersecting rights-of-way shall be the long chord of a twenty-five-foot radius or of a greater radius where deemed necessary. Comer lots shall be designed to provide a safe intersection with respect to sight distance. A restriction shall be defined on the plat prohibiting construction or p1antings over 2 foot six inches high on comer lots within a safe sight distance based on the crown elevation ofthe street. (Ord. No. 96-56, S 6, 1-21-97) B. Throu2h-Lots (Double Frontage). D. DUAL FRONT.L^~GE LOTS, .\LSO REfERRED TO AS "THROUGH LOTS". The predominant building orientation on the block where the through dual frontage lot is located shall determine front and rear setbacks. No accessory structures maybe forward of the front building line, as determined above (example: pools, sheds, swing set, etc.). Additionally, fences, walls, and hedges may be placed at the regulated height for rear yards, as determined above, provided there is a provision made for a hedge along the street-side of the wall or fence. Said wall or fence must be setback a minimum of 18 inches from the property line and planted with a continuous hedge at a minimum of one-half the height of the wall or fence. Said landscape material shall be appropriately irrigated. Co Cul-de-sac. G. CUL DE SAC. The allowed frontage of a lot when shaped by a cul-de-sac or the frontage of any other irregular shaped lot, shall be measured at the setback or building line, and shall be not less than seventy-five percent (75%) of the required lot frontage in the applicable zoning district. Section 3. Principal Buildings. A. ONE PRINCIPAL BUILDING PER LOT. Within single-family residential districts~ only one (1) principal building and its accessory buildin~ shall occupy or be constructed upon any lot or lots; ef portions oflots: or lots that have been previous1v that may be combined to meet the size required for each district. d. Limitation on number of prineipal oai1dings on lots in residential areas. Except as hereinafter pro>;ided, only one (1) principal residential building, and its oostomary accessory buildings, except for multi family buildings and cluster de'lelopment, may hffi"eafter be erected on any lot. .., June 5, 2007 ZONING Section 4. Hei2ht / Densitv. b. Height and density. No building shall hereafter be erected, constructed, reconstructed,-or altered to exceed the height or densitv limitations requirements of the defined zones. Section 5. Yards / Open Space. c. Yards and other spaoes. No part of a yard or other space or the off-street parking or loading space required for a6effi any building for the purpose of complying with the provisions of this ordinance shall be included as part of the yard or off-street parking or loading space required for a separate, off-site another building. Section 6. Accessory Buildings. B. .^~CCESSORY BUILDINGS. Accessory buildings in residential districts shall be constructed to conform with to the minimum building and site regulations that are generally applicable in the district where the building is to be located. located, pro';idea, however: All accessory buildings shall be located only in the side or rear yard.:.t-aBEl Rules re~arding detached storage structures shall be in compliance with the Supplemental Regulations pursuant to Chapter 3, Article V, Section 1. Detaehed storage strnctl:lres of any type cOBstmetioR Rot ~{eeediRg one hundred (100) square feet iR floor area W3.d eight (8) feet iR height f-or a flat roof or niRs (9) feet iR height at peak f-or a sloped roof, may be erected to a poiRt at least three (3) feet from the side property liRe and/or at least three (3) feet from the rear property liRe pro'liding RO easement rights are abridged. '''here the detaehed storage structu-re is visible from an adjaeent right of way or abutting property, it shall be eff-eetive1y screened v;ith appropriate landscaping, a \-vall and/or a fence. Section 7. Temporarv Buildings TEMPOR..^..RYBUIIDINGS. Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only, may be permitted in any district after approval of the building inspection department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed. 3 June 5, 2007 ZONING Section 8. Calculatin!! Required Livin!! Area for Residential K. REQUIRED SQU},..RE FOOTAGE. Residential square footage shall be computed as follows: Description Percentage , Screen rooms 10% Attached carports, roofed over open porches 25% Attached garages, roofed over screened porches and 50% utility rooms All other area under roof 100% Accessory bui1ding( s) 0% S:\PlanninglZoning Code UpdateILDR Rewrite\Part III\chapterslchapter 3 ZoningIFinal\Article II General Provisions.doc 4 June 5, 2007 ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAY ZONES Section 1. Overview Each lot in the Citv has two classifications: (1) a Land Use Plan classification, and (2) a Zoning District. The Land Use Plan classification is a guide to what is planned for a broad area based on studies of the area. The zoning district is more site specific, controlling how a lot can be used and developed. The current zoning district is generally consistent with the future land use category. A. Table 3-1 (Future Land Use Map Classifications and Correspond.in2 Zonin2 Districts) .... RESIDENTIAL Zoninf! District Future Land Use Classification R-l- R-l- R-I- R-l R-2 R-3 !PUD PUD MHPD AAB AA A Low Density Residential (<4.84 duJac) . . . Moderate Density Residential (<7.26 . <5.4 . <5.8 ! ! ! duJac) Medium Density Residential (<9.68 ! ! duJ ac) High Density Residential (<10.8 duJac) . . . Special High Density Residential (<20 ! ! ! du/ac) I NON..;RESIDENTIAL I Zoninf! District Future Land Use Classification C-l C-2 C-3 C-4 CBD PCD M-l pm PU REC Mixed-Use (<40 duJac) . Office Commercial . . Local Retail Commercial . . - . General Commercial . . Industrial . . Recreational . Public & Private Govt. / ! Institutional ! Zoninf! District Future Land Use Classification Mixed-Use (<40 du/ac) Mixed-Use Core (<80 du/ac) Mixed-Use Suburban (<20 duJac) SMU MU-Ll MU-L2 MU-L3 MU-H . <20 . . . ! June 7, 2007 1 ZONING B. Table 3-2 (Residential Building; / Site Reg;ulations) RESIDENTIAL lIE R-l R-l R-l R-2 R-3 IPUD PUD I MHPD AA A Duplex Density (dwelling units ner acre): 4.84 5.4 5.8 7.26 9.68 10.8 Flexible'3 Flexible" 7.26 Proiect Area. Minimum (acres) N/A N/A N/A N/A N/A N/A I to 5 5+ 10+ Lot Area ner unit. Minimum (souare feet): 9.000 8.00011 7.500 6.000 4.500 4.000'5 Flexible'o FlexiblelO 4.200 Lot Frontage. Minimum (feet): 90 75 60 60 75 100 Flexible'" F1exibleHl N/A Living Area. Minimum AlC (souare feet): 1.800 1.600 1.400 1.200 750 750 750 750 N/A Lot Coverage. Maximum: 45% 45% 45% 50% 40% 40% 50% N/A I N/A Floor-Area-Ratio (FAR) for Non- N/A N/A N/A N/A 0.106 N/A 0.20" I N/A I N/A ResidentiaL Maximum: I Structure Height. Maximum (feet): - Building Setbacks. Minimum (feet): Front: 25 25 25 25 25 40 Flexible5 Flexible 20 Interior side: 10 1011 7.5 7.5 10 20 Flexible5 Flexible 5 Corner side: 25' 25' 25' 25' 25' 40 Flexible5 Flexible i 10" Rear: 20' 20' 20' 20' 25' 40 Flexible5 Flexible 1014 Snedal rear vard setback reductions for Maximum Percentage of Reduction: I-storv building additions abutting: 1-95 or railroad tracks: 50% 50% 50% 50% N/A WA N/A N/A N/A Intracoastal WatelWav rrCWW): 50% 50% 50% 50% N/A N/A N/A N/A I N/A I Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A I N/A Public 1 orivate parle 50% 50% i 50% 50% N/A N/A N/A N/A I N/A Perimeter wall abutting non-residential: 50% 50% 50% ~ N/A N/A N/A N/A N/A Administrative Adiustment: Maximum Percent8l!e ofReduction;(to,standard vard .setback): Front vard: 20% 20% 20% 20% N/A N/A N/A N/A N/A Side vard: 20% N/A 20% 20% N/A N/A N/A I N/A N/A I Rear vard: 25% 25% 25% 25% N/A N/A N/A N/A I N/A I General Notes: U U U U ~ 3 12 I. The special rear setback reduction provisions shall not supersede anv setbacks that are recorded on a plat and shall not be used in coni unction with the setback reductions allowed Administrative Adiusnnents. 2. For lots Platted Prior to June 13. 1975. an administrative adiusnnent to reduce a setback mav be !minted if any first floor addition follows the building line of a legally non-conforming single-familv structure. or a building line previous Iv approved bv a variance. 3. Existing and / or planned single family homes shall conform to the R-l district reauirements. Duplex homes shall conform to the R-2 district reauirements 4. Where orientation of adiacent lots on both street frontages provide typical front vard setbacks. the corner lot shall oroyide for front yard setbacks along both streelS When two (2) front yard setbacks are orovided for on a corner lot no rear vard back setback shall be reauired. onlv side vard setbacks shall be imposed. 5. Buildings shall mirror setbacks of adiacent zoning district(s) but with a minimum of the setback reauired for a single-fami1v residence. as determined bv th<: orientation of structures in the IPOO. 6. A Floor Area Ratio (FAR) mav be considered for non-residential uses allowed within this zoning district (see "Use Matrix~ -Chapter 3. Anicle IV. Section 3.1. and pursuant to the applicable Future Land Use classification of the Comprehensive Plan. 7. Not to exceed two (2) stories. 8. Not to exceed four (4) stories. 9. A lesser building heil!ht mav be reauired for compatibility with adiacent development. 10. No minimum lot size internal to the Planned deyelopment shall be reauired. However. the frontage on dedicated public roads shall observe front vard reauirements in accordance with the zoning district the planned development most c10selv resembles and that the peripheral vards that abut the other zoning districts shall be the same as recuired in that abutting zone. 11. The minimum lot area shall be 7~500 square feet and the minimum side vard shall be 7 1/2 feet for those oroperties that were deyeloped and or! platted prior to Jun 13. 1975. 12. A total of 200 square feet of usable open space shall reauired for each dwelling unit (see Chapter 4. Article II. Section 2). 13. The maximum allowable density is determined bv the applicable Future Land Use classification of the Comorehensive Plan. 14. Perimeter building setbacks of the Mobile Home Park district shall mirror the building setbacks of adiacent zoning district! s). but with a minimum of the setb~c-k reauired for a single-family residence. 15. Multi-family dwellings and GrouP Homes reauire 4.000 square feet. All other uses allowed in R-3 reauire 20000 square feet. June 7, 2007 2 ZONING C. Table 3-3 (Non-Residential BuDdin!!' / Site Re2'ulations .. I I I I NON-RESIDENTIAL C-I C-2 C-3 C-4 cao PCO M-I PID REC Pl[ . Density (dwellin!! units oer acre): N/A N/A 10.8 N/A 10.8 Flexible 17 N/A Flexible15 N/A N/A Proiect Area. Minimum (acres) N/A N/A N/A N/A N/A 314 N/A 2514 N/A N/A Lot Area oer unit. Min. (sQuare feet): 9,000 5.000 15.000 5.000 15.000 Flexible 10.000 Flexible 43.560 8.000 Lot Fronta!!e. Minimum: 75 50 75 50 75 Flexible 0 Flexible 100 75 Lot Deoth. Minimum: 120 100 N/A 100 100 N/A N/A N/A N/A N/A Lot Covera!!c. Maximum: 40% 40% 40% 40% 75%18 40%13 ~ 60%16 N/A N/A F1oor-Area-Ratio (FAR). Maximum: 0.40 0.50 0.50 0.50 N/A 0.50 0.50 0.50 N/A N/A Structure Hei!!ht. Maximum (feet): 30" 259 45'0 4510 4510, 12 4510 4510 4510.19 4510 4510 HOSDital max. structure heil!ht 4526 N/A N/A N/A N/A N/A N/A N/A N/A 60 BuUdin!! Setbacks. Minimum (feet): I Front 30 30 20 25 Q 40 ~ 30 ~ 2520 Rear 20 20 202 205 206 40 203 30 25 2520 Interior side 10 15 01 155 0 30 154 20 25 1520 Comer side 10 20 20 155 ~ 30 ~ 30 25 1520 BuUdin!! Setbacks. Minimum if abuttin!! a residential district (feet): Rear 30 30 30 30 N/A N/A 30 N/A N/A 30 Interior side 30 30 30 30 N/A N/A 30 WA N/A 30 Comer side 30 30 30 30 N/A N/A N/A N/A N/A N/A Waterfront vard N/A N/A N/A N/A 88 N/A N/A N/A N/A N/A I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. Section 4.B.9.d. of these June 7, 2007 3 ZONING D. Table 3-4 (Mixed-Use Suburban Buildin2; / Site Re2;ulations) SUBURBANMIXED,;,USE SMU DISTRICT Tvpes of Uses Buildinf! / Site Ref!ulations Residential SiDlde- Familv ( Attached or Detached 20 20 SMU district -10 acresl Flexible14 10.0002 100 75015 1.08 359 Multi-Family Other Uses (includes Mixed-Use) N/A Flexiblel4 Flexiblel4 1.20015 N/A 359 o 11, 13 Usable 0 1. 2. 3. Minimum project size. A minimum often (10) acres shall be reQuired for any proiect developed under the provisions of the SMU regulations. Hotels must be part of a mixed-use project of at least three (3) acres in size. Porches may be placed fOlWard of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. Porches shall be placed outside of clear sight triangle. Minimum setback for a garage facing or accessing the street is 20 feet. Where less than 20 feet. gara!!:e access required from side or rear. Proiecting feature(s) such as awnings. balconies. porches and/or stoops mav be placed fOlWard of the build-to line and shall maintain a minimum :2J~"f setback from anY public sidewalk. Front yard build-to line along major arterial roads. a maximum of 90 feet inclusive of a 25-foot landscape buffer. The Hei!!:ht Setback Envelope in accordapce with Chapter 3. Article III. Section 5.G.3 shall aoply where adjacent to developed single fami)v residennal zonin!!: districts. One or more projectin!!: feature( s) such as awnings. balconies. colonnades. porches and/or stoops reQuired fOlWard of the build-to line and shall maintain a minimum 5-foot clearance from anv vehicle use area. Elements proiecting over a pedestrian walkwav shall allow a minimum 9-foot vertical clearance and 5- foot horizontal pedestrian clearance. Excludin!!: residential uses and parking structures. Applies to any facade with arterial roadway frontage. Multiple-story buildings are encouraged along arterial roadwavs. The intent of this provision is to create the aoo;rance. or simulate the intensity of. a minimum two (2 )-stOry building. Conditional use approval reQuired ifless than the 35 foot minimum. Buildin; hei=ts between 55 feet and 75 feet to the peak of the structure or anv architectural details mav be allowed only for interior buildings (those buildin s seoarated from the orooertv line bv another ~iect building or use). if approved as a conditional use. The building I structure height measurement shall be conducted in accordance with Chapter 3. Article Ill. Section 5.G.2. Exceptions to the maximum height shall not be allowed. Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies. streets. drives parking areas. or structures other than recreational structures. At least 50% of the reQuired usable open space for single-familv residential uses shall be contained in one or more common oooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than 75 feet. Up to 50% of the usable onen space reQuired for "Mu1ti-familv" and "Other Uses" mav be hardscaped plazas and public gathering places. To be determined on a case bv case basis. deoendin!!: on the overall proiect design. Accessory apartments must be at least 750 square feet in area (air-conditioned space). 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. June 7,2007 4 ZONING E. Table 3-5 (Mixed-Use Urban Buildin2 Site / Re2ulations) MIXED USE. URBAN MU-H Lot Area. Minimum (acres); Public Dark: All other uses: Lot Fronta!!e. Minimum (feet): Structure Hei!!ht. Minimum feet: Classification of Droiect fronta!!e on tvDe of roadway; HT 30 JQ Maxim and Floor-Area-Ratio FAR: DU FAR HTs DU3 FAR3 HTs DU FAR HTs.6 DU FAR 20 .L.Q 651 30/40 2.0/2.5 751 ~ 3.01 1501 ID) 4.0 1003 1003 3.5' 125 20 1.0 65 30/40 75 40 3.0/3.5 125 80 4.0 20 1.0 45 30/40 55 40 3.0 55 60 3.5 20 .L.Q 45 30/40 45 20 .L.Q 45 2Q .L.Q Arterial: 45 Collector: 45 Local collector: 45 Local4: 12: Buildin!! Setbacks Build-to-line feet 11: Front abuttin!! a Dublic rilZht-of-wav Buildin!! Setbacks. Minimum feet; Rear abuttinl;! 13: Residential sinl!le family: Intracoastal waterway: All other uses: Side abutting!3: Residential sinl!le family: All other uses: I. Mav be reduced if frontal!e extends from ril!ht-of-wav to ril!ht-of-way. 2. Minimum of 50 feet. if frontal!e is on a collectorl1oca1 collector roadway. 3. For abuttin the MU-H district located west of US I the area of increases in hei density and FAR shall extend a distance ofl00 feet from the MU-H zonin district line and shall re uire conditional use a oval. For erties abuttin the MU-H district located east of US I the area of increase for hei ht shall extend a distance of I 00 feet from the MU.H zonin district line and shall uire conditional use a val' however no increases in densi and FAR are allowed. Must also have nrinciDal frontal!e on Arterial roadway. 4. Must also have frontal!e on local collector or hilZher roadwav classification. 5. Maximumhei hton an streetfronta eis40 feet. Maximum hei ton Intracoastal Waterwa is 35 feet. Hei. hts mav uirereduction where ad'acentto a sinl!le-familv zoninl! district where necessary to achieve the comDatibility reouirements of these rel!Ulations. 6. Maximum hei ht reduced to 125 feet for the entire roO ect where ro abuts an MU-L or residential zonin district not s arated b a ri ht-of-wa . 7. Plus one additional foot for each foot of heil!ht over 35 feet. 8. Where there is an interveninl! rilZht-of-wav of at least 40 feet. 9. Subiect to Dermitting al!encv aDDrovaL 10. Sidewalk of at least 10 feet reouired. Setback may be greater if DubIic Dlaza/l!athering SDace is Drovided. II. Listed eIilrible Historic structures are not reeuired to meet these standards. 12. Reduction in setback ma be allowed if void ofne ative im acts on ad'acent use or on develo ment otentialofad'acent ro 13. The ultimate setback is also a factor ofheil!ht and aonIication oftbe Sky EXDosure Plane in accordance with Chanter 3. Article m. Section 6.H.2. June 7, 2007 5 ZONING Section 2. Residential Districts Section 5. regulations an.d use provisions. Residential district l,.. R 1 A"\/\. SINGLE F:\MIL Y RESIDENTL^,.L DISTRICT. These district regulations will create the 10'1/6st population density of not more than 3.1 g dV/elling units per acre. 1. Uses permitted. V/ithin an)' R 1 l~^..f,. single family residential distriet, no building, structure, laRd or water shall be used 6xeept for one of the follov.'ing uses: a. Single family dV/ellings including the garages and other customary accessory buildings. Carports are not alloy/ed. Disaster shelters are permitted. The shelters are to be used only for the designated purpose in times of danger. b. Churches* an.d other p1aees ofworship* with their attoodant aecessory uses, including daycare an.d pre school facilities * , conforming \vith Seotion l1.C hereinafter. c. City owned an.d operated facilities. d. Private golf eourses and associated clubhouse facilities including pri'.rate bath, swim, tennis or country clubs and commrmity or city owned and operated reoreation clubs and associations, specifically excluding driving ranges or tees, miniature courses and similar uses oporated as separate ventures from the primary use or uses. e. Primary and secondary schools, seminaries, colleges and uni'.'ersities, conforming '.vith Section 11.C hereinafter. * f. Home occupations conforming with Section 11.D horeinafter. g. Community residential homes with six or fe'.ver residents as defined in Florida Sta-tutes Chapter 119. h. Nursery schools, day care centers and other preschool facilities. * L^". Conditional uses allowed. Those uses specified abo','e which are followed by an asterislc (*) shall be deemed to be conditional uses, which may be considered and granted in accordance with the procedures set forth in Section 11.2 hereinafter. 2. Building and site regulations: a. The follo'.ving lot and building setbad" requirements shall be observed: June 7,2007 6 ZONING Minimum lot m-ea 12,500 squm-e feet MiRimum lot frontage 100 feet Minima-m front ym-D 30 [-oet Minim urn rem- ym-d 35 feet Minimum side yard 30 feet eac-h side Minimu-m living area 2,200 square feet Maximum lot cO'lerage 35 percent Maximum structure height 25 feet b. On comer lots adjacent to the street, the side yard setbaok shall be not less taan one half (1/2) the front )'a:FEl requirement, except where the comer lot f-aoes a differoo.t street than the reHlaining lots in the bloek, theH thc front setbaclc shall be maintained on both streets. c. Community residential homes shaJ1 not be located ',vithin a radias of 1,000 feet of another existing similar facility. 3. Off street pm-king. .^..s provided in Section 11 H hereinafter. COrd. No. 96 51, ~ 2, 1 21 97) A. R-l-AAB Ih SINGLE-FAMILY RESIDENTIAL DISTRICT. This conventional district consists of certain lands and structures providing sing1e-fami1v residential areas with a lot size of not less than 9,000 square feet. The R-l-AAB district allows a maximum density of 4.84 dwelling units per acre and corresponds with the Low Densitv Residential (LDR) future land use classification. 1.: Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3.C). 1. Uses permitted. ""llithiR an R 1 .i\/..B single family resideRtial district, no building, strueturc, 1ilF1.d or '.vater sha:ll be used exeept for one of the folIov:ing uses: a. ;\11y ase permitted iR the R 1 .^j....\ district. 2. Building / Site Regulations. 2. Building and site regulations: a,. The following lot and building setback requirements shall be observed: June 7, 2007 7 ZONING BUILDING / SITE REGULATIONS R-l-AAB District Minimum lot area: Minimum lot frontage: Minimum yard setbacks: Front: Rear: Special rear yard setback reduction for single-story building additions: 1 Abutting: 1-95 or railroad tracks: Abutting: Intracoastal: Abutting: Lakes: Abutting: Golf Course: Abutting: Canals wider than 150 ft Abutting: Canals narrower than 150 ft Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial Abutting: Public or private park: Interior side: Comer side: Minimum living area: I Maximum lot covera e: Maximum structure hei ht: I 9,000 s.f. 90 feet 25 feet 20 feet 50% 50% 50% I' 50% 50% 33% 50% ! 50% 1 0 feet 25 feet2 1,800 s.f. 45% 30 feet Minimlllll lot area Minimum lot frontage Minimum front yard Minimum rear yard Minimum side yards Minimum living area Maximum lot coverage Maximum structure height 9,000 square feet 90 feet ') 5 feet )0 feet 10 feet each side 1,800 square feet 15 percent 30 feet These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. f.. The setbaok reductioR provisions contained in c. and d. above shall not supersede any setbacks that are recorded on a plat. 1 B. On comer lots, the side yard setback adjacent to the street shall be not less than one-half (112) the front yard setback. However, where orientation of adjacent lots on both street frontages provide~ typical front yard setbacks, ~ June 7, 2007 8 ZONING the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. c. Fm lots platted prior to JURe 13, 1975, the f-ollEI'.ving administrative adjustmeB.ts to the minimum yard setbaeks may Be allowed, sabjeet to pro'.'ision of justifieatioR by applioant: Front and side yard Rear yar-a &0% of re€J.uired 75% ofrequi:red d. Special rear yard seltea,*- redactions for single story additioRs may be applied in the fo11El'.ving situations, provided it is Rot utilized iR eonjl:1fl.etion ':lith any other rear yard reductions provision: Rear Yaffis aeutting: I 95 or r8:ilroad tracks: Intraeoa-sta1 : Lakes: Golf Course: Canals with R 0 Vl:--. 150 feet~ Canals v;ith R 0 'N / 150 feet~ Perimeter "';8:lls of community that abut other than residential: Commereia1 / lBdustrial: Public/Private Park: 50~( redaction 50~( rcduetion 50% reduction 50~<' reduction 50% redaction 33 q( reduction 50% redaction 50% redaction 50% redaetion e. Thc sctback reooetion provisions contaiacd in e. and d. abo';e are not applicable to residenti8:11ots v;ithin P1armed Unit De';e10pments (PUD's) v:ithoat f-ormal actioR of the Home O'.vner .\ssoeiation (HO,^....) iR '.vriting, and an approved modification of the PUD Master Plan. June 7, 2007 9 ZONING R-l-AAB Minimum Lot Area 9,000 sq. ft. Max. Lot Coverage 45% Min. Living Area 1,800 sq. ft. 3. Administrative Adiustments. a. e-: For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2. Article II. Section 10 pro':ision of justification by applicant: Front and side yard 80% of roquired 20% reduction Rear yard 75% of required 25% reduction However. these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. b. g-: An administrative adiustment variance may be granted if any first floor addition follows the building line of a legally non-conforming sing1e- family structure, or a building line previously approved by a variance. June 7, 2007 10 ZONING ~ See Chapter 2, Article II, Section 10 for the administrative adiustment process. 4. Accessory Structures. Pools, sheds, screen- roof enclosures. and other structures as provided in the Supplemental Regulations, Chapter 3. Article V. 5. Parkin!!. As provided in Chapter 4, Article V. 3. Off street parkiag. As pro':ided ia Scetioa 11 H hefeiaaftcr. June 7, 2007 11 ZONING B. R-l-AA (;.; SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations '.vill create a maximum density of 5.1 dwelling units per acre. This conventional district consists of certain lands and structures providing sing1e- family residential areas with a lot size of not less than 8.000 square feet. The R-l-AA district allows a maximum densitv of 5.4 dwelling units per acre and corresponds with the Moderate Densitv Residential (MoDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). 1. Use permitted. Within any R 1 }.}.. single family residential district, no building, structU:re, land or water shall be used except for one of the follov/ing uses: a. ,,^illy use permitted in the R 1 />...L^....\ or R 1 ,^....^...B districts. June 7, 2007 12 ZONING 2. Buildine / Site Re2ulations. 2. Building aad site regu1atioRs: fr.- The following lot and building requirements shall be observed: BUILDING / SITE REGULATIONS R-l-AA District Minimum lot area: 8,000 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 2 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: 50% Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 10 feet) Corner side: 25 feet3 Minimum living area: 1,600 s.f. Maximum lot covera2e: 45% Maximum structure he!ght: 30 feet 1 In areas developed and/or platted prior to June 13, 1975, the minimum lot area shall be seven thousand five hundred (7,500) square feet and the minimum side yard shall be seven and one-half (7 1/2) feet. 2. These special rear vard setback reduction provisions shall not supersede anv setbacks that are recorded on a plat. J e. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for June 7, 2007 13 ZONING on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. Minimum lot area 8,000 square feet* Minimum lot frontage 75 feet Minimum front yard 25 feet Minimum roar yard 20 feet Minimum side yard 10 feet each side* Minimum 1iTling area 1,600 square feet Maximum lot coverage 15 percent Maximum structure height 30 feet d. Special rear yard setback reductions for single story additions may be applied in the folloT/ling situations, provided it is not utilized in conjunction with any other rear yard reductions provision: Rear Ya:rds abl:ltting: I 95 or railroad tracks: Intraoo asta1 : Lakes: Golf Course: Canals with R 0 ....1/ ---. 150 foct Canals ':.'ith R 0 \1/ ...-:: 150 feet Perimeter \'.'alls of Community that abut other than residential Commercial/lRdustria1 Public/Private Park: 50% reduction 50% reduction 50% reduction 50% reduction 50% reduction 33% reduction 50% reduction 50% reduction 50% reduction e. The setback reduction proyisions cOFltained in c. and d. above are not applicable to residentia110ts within Planned Unit De'.'elopments CPUD's) without formal action of the H G ^ ., EHG ^ ~. . . El orne Vlner" ~SSOClatlOn " ~ III wntmg, an an approT.'ed modification of the PUD Master Plan. f. The setback reduction provisions contained in c. and d. above shall not supersede any setbacks that are recorded on ~ June 7, 2007 14 ZONING R-l-M Minimum Lot Area 8,000 sq. ft. Max. Lot Coverage 45% Min. Uving Area 1,600 sq. ft. 3. Administrative Adiustments. !.: e-: For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by applicant: Front and side yard 80%,ofrequired 20% reduction Rear yard 75% ofreqaired 25% reduction However, these setback reduction provisions shall not supersede any setbacks that are recorded on a plat. -g,. An administrative adiustment 'larianoe may be granted if any first floor addition follows the building line of a legally non-conforming sing1e- family structure, or a building line previously approved by a variance. ~ See Chapter 2, Article II, Section 10 for the administrative adiustment process. June 7, 2007 15 ZONING 4. Accessorv Structures. Pools. sheds. screen- roof enclosures. and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin!!. As provided in Chapter 4. Article V. 3. Off street parlciRg. As pro','ided in Section 11 H hereiBafter . June 7. 2007 16 ZONING C. R-I-A r>-: SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations will Ci"eate a maximum density of 5.8 d':lelling units per aci"c. This conventional district consits of certain lands and structures providing sing1e- fami1v residential areas with a lot size of not less than 7.500 square feet. The R-1-A district allows a maximum densitv of 5.8 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article N, Section 3). 1. Use permitted. V,Tithin aRY R 1 J.\ single farn.i1y residential district, no building, structure, land or water shall be used exeept for one of the follo':.ing uses: n. J.^.ny use peI1l1itted in the R 1 } j..A, R 1 l\AB, and R 1 J.^"'^" districts. June 7, 2007 17 ZONING 2. Buildin2 / Site Re2ulations. 2. Building and site regulations: a-: The following lot and building requirements shall be observed: BUILDING / SITE REGULATIONS II Fl-I-A I>istrict Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet I Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 1 I Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal : 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feee Minimum living area: 11,400 s.f. Maximum lot covera2e: 45% I Maximum structure hei2ht: I : 30 feet 1 These special rear yard setback reduction provisions shall not superseded any setbacks that are recorded on a plat. f :e. On comer lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide~ typical front yard setbacks, the comer lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. June 7, 2007 18 ZONING Minimum lot area 7,500 square feet Mi:nimum lot frontage 60 feet MiFJ.:i.mlID1 frorrt yarn 25 feet Miniml:1m. rear yard 20 foet Minimum side yard 7 ~-s. feet each side* Miniml:1m. li';i:ng area 1,100 square feet Maximum lot eovefage 15 percent Maximum struetlH'e height 30 feet d. Speeial rear yam setbaek reduetions f-ar single story additions may be appliec:l in the f{)llov:ing situations, pro'.'ided it is not atilized in eonjunetion '.vith any other rear yard r-eduetioRs pro'lision: Rear Yaros abutting: I 95 or railroad tra.eks: Intraeo asta1: Lakes: Golf COlH'se: Canals with R 0 'tV:--- 150 feet Canals ',vith R 0 Vi --:: 150 foet Perimeter wa-lls of Community that abut other than residential Commercial/Industrial Publie/Private Park: 50% rec:l'l:ietion 50% redue-tion 50% reduetion 50% reduction 50% reduction 33% reduction 50% red'l:ietion 50% reduction 50% reduction e. The setback reduction pro';isions eontained in c. and d. abo';e arc not app1ieab1e to residentia110ts within Planned Unit Developments (PUD's) v:ithol:lt f-anna1 action of the Home Ovmer ..\ssoeiation (HO..^..) in v:riting, and an appro'/ed modification of the PUD Master Plan. f. The setbaek reduetion pro';isions contained in e. and d. above shall not supersede any setbacks that are reoorded on a-plah June 7, 2007 19 ZONING R-l-A Minimum Lot Area 7,500 sq. ft. Max. Lot Coverage 45% Min. Uving Area 1,400 sq. ft. 3. Administrative Adiustments. a. ~ For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2, Article II. Section 10 pro'.'ision of justification by applicant: Front and side yard 80% of required 20% reduction Rear yard 75% of required 25% reduction However, these setback reduction provisions shall not supersede anv setbacks that are recorded on a plat. b. g: An administrative adiustment variance may be granted if any first floor addition follows the building line of a legally non-conforming sing1e- family structure, or a building line previously approved by a variance. June 7, 2007 20 ZONING ~ See Chapter 2, Article II. Section 10 for the administrative adiustment process. 4. Accessory Structures. Pools, sheds, screen- roof enclosures, and other structures as provided in the Supplemental Regulations, Chapter 3, Article V. 5. Parkin!!:. As provided in Chapter 4, Article V.. 3. Off street parking. /..5 provided in Seotion 11 H hereinafter. June 7, 2007 21 ZONING D. R-l B-: SINGLE-FAMILY RESIDENTIAL DISTRICT. These district regulations \vill creatc a maximum density of 7.26 dwelling units per acre. This conventional district consists of certain lands and structures providing sing1e-fami1v residential areas with a lot size of not less than 6,000 square feet. The R-l district allows a maximum density of7.26 dwelling units per acre and corresponds with the Moderate Densitv Residential (MoDR) future land use classification. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Use perm.itted. Within any R 1 single family residential district, no building, structure, land or water shall bc used exoept for one of the follo\ving uses: a. /I.ny use permitted in the R 1 A}j~, R 1 .^~AB, R 1 .^...,,^~, and R 1 .^.. districts. June 7, 2007 22 ZONING 2. Buildin2 / Site Re2ulations. 2. Building and site regulations: fu The following lot and setback requirements shall be observed: BUILDING / SITE REGULATIONS R-l District Minimum lot area: 6,000 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions: 1 Abutting: 1-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other than residential: Abutting: Commercial or Industrial: 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot covera2e: 50% Maximum structure hei2ht: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. f. :e. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. Minimum lot area Minimum lot frontage Minimum front yard 6,000 square f-cet 60 feet 25 feet June 7, 2007 23 ZONING Minimum rear yard 20 feet Minimum side yard 7 \'i foet each side* Minimum living area 1,200 square feet Maximum lot coverage 50 percent Maximum structure height 30 feet d. Special rear yard setback reductions for single story additions may be applied in the follov/ing situations, provided it is not utilized in conjunction '.vith any other rear yard reductions provision: Rear Yards abutting: r 95 or railroad tracks: Intraooasta1 : Lakes: Golf Course: Canals 'Nith R 0 \1/:--- 150 feet Canals ',vith R 0 Vl ---: 150 feet Perimeter walls of Community that abut other than residential Commercial/Industrial Public/Private Park: 50% reduction 50% reduction 50% reduction 50% reduction 50% reduction 33% reduction 50% roduction 50% reduction 50% reduction e. The setback reduction proyisions contained in c. and d. abo'/e Me Bot applicable to residentia110ts within Planned Unit Developments (PUD's) 'lIithout formal action of the H G ^ .. EHG ^ l' . . e ome 'liner" ~SSOClatlOn "~In \vntmg, an an appro'/ed modification of the PUD Master Plan. f.. The setback reduction provisions contained in c. and d. abo'/e shall not supersede any setbaoks that are recorded on a--plak June 7, 2007 24 ZONING R-l Minimum Lot Area 6,000 sq. ft. Max. Lot Coverage 50% Min. Uving Area 1,200 sq. ft. 3. Administrative Adiustments. .!: e,. For lots platted prior to June 13, 1975, the following administrative adjustments to the minimum yard setbacks may be allowed, subject to compliance with Chapter 2. Article II. Section 10 pro';isioR of justification by applicant: Front and side yard 80% of required 20% reduction Rear yard 75% of required 25% reduction However, these setback reduction provisions shall not supersede anv setbacks that are recorded on a plat. b. g; An administrative adiustment varianee may be granted if any first floor addition follows the building line of a legally non-conforming sing1e- family structure, or a building line previously approved by a variance. June 7, 2007 25 ZONING f.: See Chapter 2, Article It Section 10 for the administrative adiustment process. 4. Accessorv Structures. Pools. sheds. screen- roof enclosures, and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. Parkin!!. As provided in Chapter 4. Article V 3. Off street parking. .^~s provided in Section 11 H hereinafter. June 7,2007 26 ZONING E. R-2 SINGLE AND TWQ-FAMIL Y RESIDENTIAL DISTRICT. f<.:- SINGLE AND T'NO Pi\MIL Y DVlELLING DISTRICT. These district regulations will create a maximum density of 9.68 d'.'felling 1ll1its per acre. It is the intent to acoommodate a oompatib1e de.;elopment of higher density bui1diRgs ','lith commonly oal1ed duplexes together ':;ith single family d\vellings but at no lower standards of quality. This conventional district consists of certain lands and structures providing sing1e- family and two-family residential areas with lot sizes of not less than 6.000 square feet for single-family. and 4.500 square feet per unit for two-family dwellings. The R-2 district allows a maximum density of 9.68 dwelling units per acre and corresponds with the Medium Density Residential (MeDR) future land use classification. 1. Use(s) Allowed. B. CWSTER DEVELOPMENTS. }.. oh:lster of gr()Ups of two (2) or more single family structures may be permitted iB. all residential distrie!swith the follo':r.ng requirements: All cluster housing development plans shall be submitted the planning and de';e10pment board as a planned ur. de';e10pment. (See "Use Matrix" - Chapter 3. Article N. Section 3 1. Use permitted. 'Nithin any R 2 single or twe family residential distriot, no building, strneture, land 0: water shall be used eJceept f-or one of the f-ollov:ing uses: a. :\ny use permitted in the R 1 /L^J~, R 1 .^J\.B. R 1 .^>.J.^~, R 1.^>-, and R 1 distriots. b. T',vo family d':lellings. c. Nursery sooools, day care oenters and other preschool facilities* (see Section 11 C) L^~. Conditional uses allo':/ed. Those uses specified in subsection S.P.I. above whioh are followed by an asterisk (*) shall be deemed to be oonditional uses, '.vhich may be oonsidered and granted in accordance with proeedures set forth iB. Section 11.2 hereinafter. 2. Buildin2 / Site Re2ulations. 2. Building and site regulations: a. The following lot and building requirements shall bc observed: June 7, 2007 27 ZONING Existing and / or planned single fami1 y homes shall conform to the R-1 district requirements. However. for duplex homes, the following lot and building requirements shall be observed: BUILDING / SITE REGULATIONS R-2 District Minimum lot area (per unit): 4,500 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feetl Rear: 25 feet2 Interior side: 10 feet] Corner side: 25 feet1.2 Minimum living area: 750 s.f. Maximum lot covera2e: 40% Maximum Floor Ratio Area (FAR) 0.103 Maximum structure hei~ht: 25 feet4 ! 1 Pursuant to Chapter 3. Article III, Section 8.B., parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior. and side comer setbacks in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3. Article III, Section 6.H.). 2 e. On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a comer lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. J A Floor Area Ratio (FAR) up to 0.10 may be considered for non-residential uses allowed within the R-2 district (see "Use Matrix" - Chapter 3. Article IV. Section 3.), pursuant to the Medium Densitv Residential land use category of the Comprehensive Plan. ~ Not to exceed two (2) stories. Minimum lot area 1,500 square foet per June 7, 2007 28 ZONING d':;elling unit Minimum lot frontage 75 feet Mini-mum front yard 25 f-eet Mimmum rear yard 20 feet Minimtlm side yard 10 feet eaeh side Minimum.1i';ing area 750 square feet Maximum lot eoverage 10 peroent Maximum. struoture height 25 feet, not to exceed 2 stories b. For single family, use R 1 regulations. R-2 Minimum Lot Area 4,500 sq. ft. per unit Max. Lot Coverage 40% Min. Uving Area 750 sq. ft. per unit 4. Accessorv Structures. Pools, sheds, screen- roof enclosures, and other structures as provided in the Supplemental Regulations, Chapter 3, Article V. 5. Parkin!!. As provided in Chapter 4, Article V.. 3. Off street parking. ,,^..s provided in S Eletion 11 H hereinafter. June 7, 2007 29 ZONING F. R-3 ~ MULTI-FAMILY RESIDENTIAL DISTRICT. ~1ULTIPLE FAMILY D'.VELLING DISTRICT. These district regulations ',vill create a maximum density of 10.8 dVlelling units per acre. This conventional district consists of certain lands and structures providing multiple-family residential areas with a lot size of not less 4,000 square feet per unit. The R-3 district allows a maximum density of 10.8 dwelling units per acre and corresponds with the High Density Residential (HDR) future land use classification. 1. Intent. It is the intent of this district to provide a higher residential density that wffieh encourages vertical structures and flexibility in multiple-family living and that a oertain amount of multiple family dv;elling is neoessary and desirable and can complement certain areas if located appropriately and if properly designed. Therefore, factors to be considered are: .!:. The location and nature of the area. b. An area of substantial size to provide a buffering or graduation of uses to be considerate or to complement adjacent uses or districts. ~ The proximity to large concentrations of activities such as business, employment, and other facilities and services. Sufficient and definitive traffic arteries to adequately service the area. d. Designs that provide light, are passage, water drainage, ingress and egress, parking and traffic circulation, open space and on-site recreation, maintenance areas and community meeting provisions for the inhabitants. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. Vlithin any R 3 multiple family dwelling district, no building, structui'c, land or '::ater shall be used except for one of the follO\ving ~ u. l~ny use permitted in the R 1 /L.^j~, R 1 /,.AB, R 1 A.,,^~, R 1 l~, R 1 or R 2 districts. b. Multiple family residential structures, including apartments, oooperatives, condominiums, tOVlll houses, and June 7, 2007 30 ZONING their attendant reei"eationa1 facilities and ha';ing no commercial business connected therevlith but can be equipped to serve meals to their occupants. c. organizations. * Private clubs, lodges and fraternal d. Golf COlH"ses, sVlimming and tennis clubs, and simi1m- recreational facilities. * e. Rooming and bOEH'ding houses. * f. Community residential homes with ap to 11 residents as defined in Florida Statutos Chapter 119. * L^~. Conditional uses allowed. Those uses speeified above whicn '.vere follo'Ned by an asterisk (*) shall be deeHled to be conditional uses, which may be considered and granted in accordance with the proceduros set f-orin in Seetion 11.2 hereinafter. June 7, 2007 31 ZONING 3. Buildin2 / Site Re2ulations: 2. Building and site regulations: a. Formultiple family dwellings, rooming and boarding houses; and community residential homes: Existing and / or planned sin!!le family homes shall conform to the R-1 district requirements. Duplex homes shall conform to the R-2 district requirements. Multip1e- family and Group Homes shall conform to the following lot and building requirements: BUILDING / SITE REGULATIONS R-3 District (Residential Uses) Minimum lot area (per unit): 4,000 s.f. Minimum lot frontage: I 1 00 feet Minimum yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 20 feet Corner side: 40 feet Minimum living area: 750 s.f. Maximum lot coveraee: 40% Maximum structure heieht: 45 feet1 Minimum separation: 1.000 (for Group Community Residential Homes) ~ feet (radius) 1 Not to exceed four (4) stories. Minimum lot area Minimum lot frontage Minimum front yard ~1inimum rear yard Minimum side yards Minimum living area Maximum lot co';ocage Maximum structure height 1,000 square feet 1 00 feet 1 0 feet 10 feet 20 f-cet each side 750 square feet per unit 10 percent 15 feet, not to exceed 1 stories Minimum spacing bet\veen 1,200 feet (radius) community residential homes b. Single family d'l/ellings shall conform v;ith R 1 requirements (see Section 5, paragraph E 2). Duplc:m d'.vellings shall conform to R 2 requirements (see Section 5, paragraph F 2). c. ,,-\11 other permitted uses: June 7. 2007 ...." j~ ZONING Minimum lot area Minimum lot frontage MinimUffi. front yard Minimum reM )'Md Minimum side yards Minimum living Mea applicable regulatory agency Maximum lot coverage 10 percent MaximlHR structure height 1 stories, not to exceed 15 feet in height 20,000 square feet 100 feet '10 feet 1 0 feet 20 feet each. side As go':erned hy R-3 Minimum Lot Area 4,000 sq. ft. per unit Max. Lot Coverage 40% Min. Uving Area 750 sq. ft. per unit June 7, 2007 33 ZONING All uses, other than single-family, duplex, multi-family. or Group Homes, shall observe the following lot and building requirements: BUILDING / SITE REGULATIONS R-3 District (Non-Residential Uses) Minimum lot area: 20.000 s.f. Minimum lot frontage: 1 00 feet Minimum yard setbacks: I 40 feet Front: Rear: I 40 feet Interior side: 20 feet Corner side: 20 feet Minimum living area: N/A1 Maximum lot coveraS!:e: 40% Maximum Floor Area Ratio (FAR) 0.102 Maximum structure hei2ht: 45 feet3 1 As governed by the applicable regulatory agencv. ~ A Floor Area Ratio (FAR) UP to 0.10 may be considered for non-residential uses allowed within the R-3 district (see "Use Matrix" - Chapter 3, Article IV, Section 3.), pursuant to the High Density Residential land use category of the Comprehensive Plan. J Not to exceed four (4) stories. 4. Accessory Structures. Pools. sheds. screen- roof enclosures, and other structures as provided in the Supplemental Regulations. Chapter 3. Article V. 5. ParkinS!:. As provided in Chapter 4, Article V. 3. Off stroot parking. "^~s proTlided in Section 11 H hereinafter. June 7, 2007 34 ZONING G. IPUD PLANNED UNIT DEVELOPMENT DISTRICT. L. INFILL PLANNED UNIT DEVELOP MENT (IPUD). The Infill Planned Unit Development (IPUD) District standards and regulations are created for the purpose of allowing flexibility to accommodate infill and redevelopment on parcels less than five (5) acres in size. Parcels five or more acres in size shall comply with normal Planned Unit Development regulations found in Chapter 3. Article III. Section 4.B Chapter 2.5 of the Land Development Regulations. 1. Intent. Inteflt and eKpectations. a. The IPUD regulations are intended to be used in situations where new development or redevelopment is proposed within an already developed area or neighborhood located in the Federal Highway Corridor Community Redevelopment Plan, Study Areas I and V. A mixture of uses including residential, retail commercial and office, may be allowed to the extent that no land use conflicts will result and the basic- intent of the Zoning Code and the Comprehensive Plan will be followed. 17.- It is a basic public expectation that landowners requesting the use of the IPUD district will develop design standards that exceed the standards of 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, will be dependent on how well the above-stated planning 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 ofland 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. 4: In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Further, it must be an June 7, 2007 35 ZONING enhancement to the local area and the city in general. Presentation of projects that fail to do so will be denied. e; Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will 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. 2. Densitv. The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. The IPUD district allows a maximum density of 10.8 dwelling units per acre. which corresponds with the High Density Residential (HDR) future land use classification or 20 dwelling units per acre in accordance with the Special High Density Residential (SHDR) future land use classification. 3. Application to Rezone. '). .^~pplicution process. a. The procedures and requirements to rezone a parcel to IPUD shall be in accordance with Chapter 2. Article II. Section 2 for applying for rezoning to the IPUD district are the same us those for rezoning to the PUD district as stated in Chapter 2.5, Section 10, of the Land De'/e10pment Regulations. b. When the IPUD is to be developed in a single phase, the site plan for the development may also represent the master plan. c. The entire property proposed for development as an IPUD shall be under common ownership or unified control, so as to ensure unified development. 4. Use(s) Allowed. 3. Article IV. Section 3). f. (See "Use Matrix" - Chapter Mixed land uses. (1) \Vithin tho IPUD, mixed land uses maybe proposed. (2) Commercial uses shall only be allo'Nod for de';elopments fronting on streets classified as "arterial" June 7, 2007 36 ZONING on the "Functional Classification of Roadways" map in the Boynton Beaeh Compreheflsive Plan. (3) Such development must be found compatible with adjacent uses and established design characteri sti cs. (i) .\ny commercial uses shall be small scale retail and services, primarily to serve the residents of the IPUD, r:md not the poolic in general. (5) .\ny commercial uses must front on the arterial roadway or on an access wholly eontained within the projeet ".vith neither entrance nor exit on or visible from or disruptive to adja:eent properties, streets, and rights of way. 5. Buildin2 / Site Re2ulations. 3. Development standa:rds. The following building / site regulations apply to the entire IPUD development. BUILDING / SITE REGULATION I)lUD I>istrict Minimum project area: I acre Maximum project area: 5 acres Minimum lot frontage: Flexible! Minimum perimeter yard setbacks: Front: F1exib1e2 Rear: F1exib1e2 Interior side: F1exib1e2 Comer side: Flexib1e2 Maximum lot covera2e: 50% Minimum usable open space (per dwellin2 unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 Maximum structure heieht: 45 feet4 1 To be determined on a case by case basis. depending on the overall proiect design. 6 Buildings shall mirror setbacks of adiacent zoning district( s) but with a minimum of the setback required for a single-family residence. as determined by the orientation of structures in the IPUD. June 7, 2007 37 ZONING J A maximum Floor Area Ratio (FAR) 0[0.20 may be allowed for non-residential uses within the IPUD district (see "Use Matrix" - Chapter 3. Article IV. Section 3). pursuant to the Special High Density Residentia11and use category of the Comprehensive Plan. 4 A lesser building height may be required for compatibility with adiacent development. 1 acre 5 aCi"es 15 feet (lesser height may be required for compatibility ';/ith adjacent development) Maximum lot coverage (building) 50% Maximum density Determined by land use 10.8 du/uc f-or land classified High Density Residential (HDR) or Local Retail Commercial (LRC) Maximum density 20 du/ac for lands classified Special High Density Residential Minimum lot area Maximum lot area Maximum height Minimum usable open space per dwelling unit 200 square feet 6. Parkin2. As provided in Chapter 4. Article V. 7. Modifications Any modification proposed within the !PUD shall be in conformance Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. 8. Miscellaneous. The !PUD district contains additional standards unique to building desilffi. screening and buffering. compatibility. vehicular circulation. exterior features. and natural features. Refer to Chapter 4. Article II. III. and Article VIII for these additional development standards. June 7, 2007 38 ZONING H. PUD Planned Unit Development district K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by referenoe into these zoniag regulations, and all planned lHlit d6"/elopmen-ts shall be eonsidered zoaing districts on the official zoning map. Chapter 2.5, and all planned 1:lflit developments approved in acoordance v;ith Chapter 2.5, shall be subject to all app1icahle pro~,'isions of these zoning regulations, eKeept as otherwise pro~/ided for in Chapter 2.5. CH:\PTER 2.5 PL:\NNED UNIT DEVELOPMENTS Se0tion l. Section 2. Section 3. Se0tion 1. regulations Se0tion 5. Section 6. Se0tion 7. Section 8. Section 9. Section 10. SeetioR 11. Section 12. Seetion 13. June 7, 2007 Intent and purpose DefiRition Nomenolature Relation of land 1:lse intensity (LUI) ratiRgs to Mini-mum land !Weas for PUD Unified control Uses permitted Loeationa1 stand!Wds for PUD's Internal PUD stand!Wds Procedures for zoaiRg of land to PUD Preliminary and fiRal de'/elopment plans Plan modification Zoning administrator 1. Intent. SectioR 1. Intent and purpose. A Planned Unit Development District (PUD) is established. It is intended that this district be utilized to promote efficient and economica11and use, improved amenities, appropriate and harmonious variety in physical development, creative design, improved living environment, orderly and economical development in the city, and the protection of adjacent and existing and future city development. The district is suitable for development, redevelopment and conservation of land, water and other resources of the city. Regulations for planned unit developments are intended to accomplish the purposes of zoning, subdivision regulations and other applicable city regulations to the same degree that they are intended to control development on a Iot-by-10t basis. In view of the substantial public advantages of planned unit development, it is the intent of PUD regulations to promote and encourage development in this 39 ZONING form where tracts suitable in size, 10cation~ and character for the uses and structures proposed are to be planned and developed as unified and coordinated units. Section 2. Definition. /'1.. "planned unit development": /'... Is land nnder unified control, planned and developed as a 'vvhole in a single de'le10pment operation of an apprO'.'ed programmed series of de';elopment operations for d'l,'elling units and related uses and facilities; B. Includes principal and accessory uses and structures substantially related to the character of the development itself and the surrounding area of V/hich it is a part; C. Is developed according to comprehensi';o and detailed plans which include streets, utilities, lots, building sites and the like and site plans, floor plans and elevations for all buildings except for single family homes intended to be located, constructed, used and related to one another, and detailed plans for other uses and improvements on the land related to the hl:lildings; D. Includes a program for full provision, maintenance and operation of such areas, improvements, facilities and unit development, but ,..,'ill not be provided, operated or maintained at public expense. Section 3. Nomenclature. The boundaries ofland zoned to PUD classification shall be indicated on the official zoning map '.'lith the symbol "PUD" together ',!lith the land use intensity (LVI) rating assigned at the time of zoning, which shall be used for such lands. Section 1. Relation ofland use intensity (LVI) ratings to regulations. The land use intensity (WI) rating assigned at the time of zoning land to PVD correlates for the proj ect the required land area, floor area, open space, living space, recreation space, off street parking and other matters. The various ratios, based on LVI ratings, shall be as shmvn on Table 1. TABLE 1 LVI Pj~TINGS WITH ST"^..ND"'\RD Ri\.TIOS June 7. 2007 40 ZONING LUI WI LUI LUI LUI 3.00 ,tOO 5.00 6.00 7.00 Minimum lot area (in 25 20 15 10 5 acres) Residential uses only: Minimum lot area (in 100 80 60 10 20 aeres) '.l/ith oommeFoial uses: Maximum peroent of 5 5 6 8 10 tota11and area which may be used for oommeFoial pmposes: Floor area ratio 0.10 0.20 0.10 0.80 1.60 (F A D).* .L.L..I."- . Open space ratio 8.00 3.80 1.80 0.80 0.13 (OSR): Liying space ratio 6.20 2.60 1.10 0.50 0.27 (LSR): Recreation space 0.25 0.18 0.12 0.09 0.07 ratio (RSR): *.A..S indieated and referenced by HUD Publication #7. Minimum standards for multi family housing shall be those minimum standards as set forth in the Standard Building Code. Applieation of above ratios: F,\...~ x lot area - Maximum pen:nitted floor area. Actual floor area x OSR - Minimum required open spaee:- ,A.croo1 floor area x LSR - Minimum requirod living 5f*le6 June 7, 2007 41 ZONING (not for automobiles), part of required open ~ l\ctua1 floor arca x RSR - Minimum countable recreation spaoe, part of required living space. Floor area as oomputed from F.'\R, shall include the floor aroa of all permitted principal or aocessory uses exoept areas for parking, storage, elevator hoist equipment or maemnery, heating or air oonditioning equipment, and the like; and requiremoots deriving from floor areas shall include such floor area. Seotion 5. Minimum land areas for PUD. .^~ tract of land proposed for zoning to PUD at a request LUI rating shall contain minimum acreage in accordance \-vith Table 1 abo';e. Lesser areas than those set out in Table 1 may bc approved for PUD in a speoific case upon findings by the planning and de.;elopment board and the govorning body that particular circumstances justify such reduction, that the requirements for PUD and the benefits to be derived from PUD oan be met in such lesser area, and that permitting such 1eoser area for PUD is in conformity with the comprehensive plan. Section 6. Unified control. Section 7. Uses permitted. 2. Densitv. The maximum allowable density is determined by the applicable Future Land Use classification of the Comprehensive Plan. 3. LocationaI Standards. Section 8. Locationa1 standards for PUD's. In reaching recommendations and decisions as to zoning land to PUD~ the advisory board(s) and City Commission classification and the LUI rating of such classification, thc planning and de';elopment board and the governing body shall apply the following 10cational standards, in addition to the standards applicable to the rezoning ofland generally: a. Maior Transportation Facilitv. A- RELATION TO M.'\JOR TRANSPORT.^.TION F.'\CILITIES. A PUD shall be so located as to June 7. 2007 42 ZONING major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. b. Public Facilities and Services. B-: RELA nON TO UTILITIES, PUBUC FACILITIES ",^...ND SERVICES. A PUD shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations so that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms permitted under existing zoning in the area. Such PUD's shall be so located with respect to necessary public facilities (e.g., schools, parks, playgrounds) as to have access to those facilities in the same degree as under existing zoning, and shall be so located, designed and scaled so that access for public services is equivalent to, and net cost for the services under existing zoning. ~ TOPo2raphv. C. PHYSIC\L CH,^...R.,^...CTER OF THE SITE. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage~ and topography shall all be appropriate to both kind and pattern of use intended. d. Section 9. Internal PUD standards. hi addition to the standards set in Section 1, Table 1, of these zoning regulations, the follo'::ing standards app1Y'.vithin a PUD Distriot. Access. -A:; ,,^...CCESS. Every dwelling unit, or other use permitted in the PUD, shall have access to a public street eitftef directly or via an approved private road, pedestrian way, court, or other area dedicated to public or private use, or common element guaranteeing access. Permitted uses shall not be required to front on a dedicated public road. June 7, 2007 43 ZONING B. INTER..~/..L LOTS /..ND FRONTAGE. Vlithin tho boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, ho'.vever, that PUD frontage on dedicated public roads shall observe front yard requirements in accordanoe with the zoning district the PUD use most closely resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. C. OFF STREET P/..R..vJ}~G AND REQUIREM.ENTS. Off street parking shall be in accordanoe v;ith the off street parking requirements \vithin Chapter 2, Seotion II.H D. COMM.ERC1'\.L STAND.^.....WS. Commeroial uses 100ated in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area \vithin a PUD vlhioh may be devoted to neighborhood oommercia1 uses, including required off street parking requirements, is governed by Table I, Section 1 and Section 9C. l\.reas designated for commercial acti';ities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located 'llithin the project unless these criteria would be inconsistent ','lith, or contrary to, adopted redevelopment plans. In instances ',vhere a PUD in the Community Rede';e10pment "\rea includes commercial uses, it shall be developed oonsistent v,'ith adopted design guidelines or requirements contained in rede';elopment plans. e. Utilities. E. UNDERGROUND UTILITIES. Direct residential and/or consumer service should be by underground installation to the maximum extent practicable. However, primary service to a general geographic area may be overhead. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. Primary facilities providing service to the site of the PUD may be excepted. F. RIGHTS OF 'N/". Y. The minimum v,'idth ofa right of way for a principal street in a PUD is forty June 7. 2007 44 ZONING (10) feet. Privately ovmed streets pro';iding secondary vehioo1ar cirou1ation internal to the PUD may be considered for appro';a1 with rights of '.vay and pavement v/idths less than the requirements state in the city's Land De';elopment Regulations; however, in BO case sh.all health, safety, 'lIe1fare, or efficiencies of public services be jeopardized. (Ord. No. 99 17, ~ 1,6 15 99; Ord. No. 01 10, ~ 3,26 01; Ord. No. 05 031, ~ 2, 7 19 05; Ord. No. 05 059, f 1, ]() 5 05) 4. Application to Rezone. !!: The procedures and requirements to rezone a parcel to PUD shall be in accordance with Chapter 2. Article II. Section 2. b. When the PUD is to be developed in a single phase. the site plan for the development may also represent the master plan. S Section 6. Unified control. All land included for purpose of development within PUD district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PUD. The applicant shall agree to: ill A-: Proceed with the proposed development according to the provisions of those zoning regulations and conditions attached to the zoning of the land to PUD; ill B. Provide agreements, contracts, deed restrictions and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PUD and for continuing operations and maintenance of such areas, functions and facilities as are not to be provided, operated or maintained at public expense; and June 7, 2007 45 ZONING ill ~ Bind their successors in title to any commitments made under A and B above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to PUD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. Section 10. Procedures for zoning ofland to ~ The procedures for zoning of land to PUD classification with. a spoeific LUI rating shall be the same as for zoning land generally. Because of the diffcrooces between PUD de';elopments and the concept of unified control in development, hov/ever, the follov:ing procedures and requirements shall apply to applications for zoning to PUD classification, in addition to the general requirements: A. I\...DPLICATIONS; Mf~TERL^~LS TO BE SUBMITTED. In addition to information required for application f-or zoning generally, the applicant shall submit the follmving materials or data: 1. Legal documents assuring unified control of the proposed PUD and the agreements required under Section 6. 2. /~ statement as to the LUI rating sought for the PUD and such supporting evidence or dooumentation as the applicant may feel is pertinent to enable the planning and dey;e10pment board and the governing body to determine v:hether or not the LUI rating requested is reasonable and proper. 3. A site de';e10pment plan containing: June 7. 2007 46 ZONING a. The title ofthe project and the names of the professional project planner and the developer; b. Seale, date, north afrOTII and genera110oation map; c. Boundaries of the property in';ol'/ed, all ex.isting streets, buildings, 'l;ater courses, easements, section lines and other existing important physical featlH'es in and adjoining the project; d. Master plan locations of the different uses proposed by dwelling types, open spaces designations, reci'eationa1 facilities, oommercia1 uses, other permitted uses, and off street parking and off street loading locations; e. Master plan showing acoess and traffic flOTN and how T;oo.ieular traffic ...vill he separated from pedestrian and other types of traffic; f. Tabulations of tota-1 gross acreage in the development and the percentages thereof proposed to be devoted to the se';eral dv;elling types, other permitted uses, recreationw faeilities, streets, parks, schools and other reservations; g. Tabulations demonstrating the relationship of the development to proposed LVI rating as shown in Table 1, Section 1, and proposed numbers and types of dwelling units; and h. 'Nhere required by the area planning board, an environmental impaot study shall be supplied. d. 4:- A statement showing modifications of zoning or other applicable city regulations where it is intended by the applicant that such modification serves the public interest to an equivalent degree. June 7, 2007 47 ZONING B. PROCEDURES. On application for zoning of land to PUD classification, the planning and development board and gOT/erRing body shall proceed in general as for other app1ioations for zoning of land giving special consideration, hov/ever, to thc folloTvYing matters and requirements, and allov:ing changes in the zoning application prior to the required planning and development board public hearing, as follo'.\'s: 1. Pre hearing conference with applicants. On request by the applicant, the city planning consultant and representatives of such other city departmeB.-ts as may be pertinent, shall meet '.vith the applicant or his agent to re\'iev: the original application, including all plans, maps and documents submitted by the applioant. The purpose of such pre hearing oonferences shall be to assist in bringing the overall petition as nearly as possible into conformity "'lith these or other regulations applying generally to the property iIlTlo1ved and/or to define specifioally those variations from application of general regulations which appear justified in vie'"" of equivalent service of the public purposes of such regulations. In the oourse of such pre hearing conferences, any reoommendations for changes shall be reoorded in writing and shall become part of the record in the case. .^J1 such recommendations shall be supported by stated reasons f-or the proposal for change. The applicant shall state in writing his agreement to such reoommendations, or his disagreement, and if there is disagreement, shall in v,Titing indicate his reasons therefor, and such responses by applicant shall be included in the record. i\.t such time as further conferences appear unnecessary or at any time on the request of applicant, public notice shall be given and the hearing before the planning and development board held as for other app1ioations for zoning, but the notice and hearing shall be on the petition as it may have been amended following the pre hearing conferences rather than as originally submitted. June 7, 2007 48 ZONING 2. P1arming and development board findings and recommendations. .^..fter public hearing, the planning and de'/elopmffit board may recommend to the governing body that the PUD zoning be granted, subject to stated stipulations and oondition, or disapproved. In making its recommendations, the pl8.Rlling and de','elopmen-t board shall find that the plans, maps and documents submitted by the applicant and presOHted at the public hearing do or do not establish that the applicant has met the requirements of Section 1 of these regulations applicable to zoning generally, and in addition: a. The requirem.onts of unifiod cORtro1 and agreemOHt set out in Section 6; b. The locationa1 standards set out in Section 8; c. The internal PUD standards set out in Section 9; d. The tract for the proposed PUD is suitable in terms of its relationships to ilie city oomprehOHsive plan and that the area surroooding the proposed PUD can continue to be developed in ooordination and substantial compatibility with the PUD proposed, including overall d'v','elling unit density and peripheral transitions in such density; e. That the desirable modifioations of general zoning or PUD regulations as applied to the particular case, jastify such modification of regulations and meet to at least an equivaleRt degree the regulations modified, based on the design and amenities incorporated in the site development: plan; f. That inCI'eased open space is provided for the occupants of the proposed PUD and the general public, and desirable natural features indigenous to the site are preserved in the de','elopment plan presented. 5. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). B. The PUD district allows Includes principal and accessory uses and structures June 7, 2007 49 ZONING substantially related to the character of the development itself and the surrounding area of which it is a part~-;- Seetion 7. Uses permitted. In a PUD District, buildings or structures, or land, or vlater shall be used only f{)r the f{)llowing purposes: A .L.L. Single family dVlellings; B. Two family dVlellings or duplexes; C. Multiple family dwellings, tovlnhouses, garden apartments and cluster housing; D. Pri'latc, nonprofit clubs, oommunity centers, ci'lic and sooia1 organization facilities; E. Pri':ate parks, tennis courts, playgrounds, putting greens, golf courses, dri':ing ranges and other recreation faoilities; F. Public utility buildings, structures, and facilities neoessUT)' to servioe the surrounding neighborhood; G. Houses of\,yorship, schools, nursing homes, nursery schools, kindergartens and hospitals; H. "Neighborhood" commercial uses 'vvhich are determined at the time of zoning to PUD, to bc oompatib1e vlith the existing and future development of adjacent and nearby lands outside the PUD; 1. Other uses of a nature similar to those listed, after determination and recommendation by the planning and de':e10pment board, a determination by the go':erning body at the time of zoning that the use or uses are appropriate to the PUD development. J. Permitted uses for a PUD District shall bc specified in thc application for zoning of land to PUD classification. K. Prohibited use. "^illy structure more than forty five (15) feet in height and more than four (1) stories. June 7. 2007 50 ZONING L. Home occupations consistent '.'lith Chapter 2, Section Il.D. are permitted without the necessity of being speoified at the time of zoning to PUD. 6. Buildin2 / Site Re2ulations. The following building / site regulations app1v to the entire PUD development. BUILDING / SITE REGULATIONS pun District Minimum project area: 5 acres Minimum lot area: F1exib1e1 Minimum lot frontage: Flexible! Minimum perimeter yard setbacks: Front: Flexible! Rear: F1exib1e1 Interior side: Flexible! Comer side: F1exib1e1 Maximum lot covera!!e: N/A Maximum structure hei!!ht: 45 feer 1 No minimum lot size (internal to the PUD) shall be required. provided however. that PUD frontage on dedicated public roads shall observe front yard requirements in accordance with the zoning district the PUD use most closelv resembles and that peripheral yards abutting other zoning districts shall be the same as required in the abutting zone. 1 No more than four (4) stories. 7. Parkin!!. As provided in Chapter 4. Article V. 8. Modifications Anv modification proposed within the PUD shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. Section 12. Plan modification. Master plans approved du.riBg th.e process of rezoning to PUD may be considered for modification upon application to the clirector of planning and zOFling, submission of acceptable docl:l.m6Iltation, and pa)TI1ent of the master plan modification fee. The modification '.'.'ill be first reviewed by the planning and zoning department to determiFle v.'hether the modification is consistent with not only all current regulations but also the intent and purpose of the oomprehensive plan; and to determine '.vhether the change is substantial. June 7, 2007 51 ZONING Upon oomp1etion of the administrative revie\v, findings '.yill be f-or\varded to the planning and development board '::hioh '.':ill H:l':ie\v all submitted documents as ',.';ell as staff oomments with all the authority, functions, powers and duties vested in it by Chapter 1.5, .^d1:icle I, Section "1 of the Land Development Regulations. The planning and devclopmoot board shall reoommend to the City Commission that they approve the modification unoonditionally, appro';c the modification with oonditions and/or reeommendations, or deny the modification. The board shall also recommend to the City Commission that the modifioation be oonsidered either major or minor. Upon oomp1etion of the planning and de>.'olopment board re'/ie'l:, findings ,:..ill be fOr\varded to the City Commission. The City Commission v:ill first detennine whether the modifioation is major or minor. If the Commission finds the modifioation to be major, the request vlill be returned to the applioant for prooessing as a new zoning application. The determination of v/hat constitutes a substantial ohange shall be at the sole discretion of the Commission. If the Commission determines that the modification is minor, it '.vill review all submitted documents as well as staff comments and planning and de'/e10pment board reoommendations. The City Commission may then appro':e the minor modifioation unconditionally, approve the minor modifioation v:ith conditions, or deny the minor modification. Non substantial (minor) modifications will not extend time limitations for development of property as stipulated in LDR Chapter 2, Section 9, pamgraph C13. (Ord. No. 96-52, ~ 2, 1-21-97) 9. Miscellaneous. Section 3. Nomenclature. The boundaries ofland zoned to PUD classification shall be indicated on the official zoning map with the symbol "PUD", together with the land use intensity (LUI) rating assigned at the time of zoning, v:hich shall be used for such l-aft€ls . A Master Landscape plan will be required in accordance with Chapter 2, Article II, Section 3.F.23. when a property is rezoned to PUD. June 7, 2007 ~') )- ZONING I. MHPD MOBILE HOME PLANNED DEVELOPMENT DISTRICT. This district consists of certain lands and structures providing mobile-home residential development. The MHPD district allows a maximum density of 7.26 dwelling units per acre and corresponds with the Moderate Density Residential (MoDR) future land use classification. 1. Intent. The MHPD district promotes efficient and imaginative design approaches to community planning. and accommodates the housing needs of those residents who . prefer mobile-home living and I or desire an economIC alternative to conventional dwellinQ:s. 2. Application to Rezone. a. The procedures and requirements to rezone a parcel to MHPD shall be in accordance with Chapter 2. Article II. Section 2. b. When the MHPD is to be developed in a sinQ:le phase. the site plan for the development may also represent the master plan. ~ The entire property proposed for development as an MHPD shall be under common ownership or unified controL so as to ensure unified development. d. For those mobile home parks in existence prior to the adoption of this ordinance. or annexed to the City subsequent to the adoption of this ordinance. the site regulations under which the park was developed shall continue in force. General maintenance and minor modifications to existing improvements shall be allowed. if such maintenance and improvements do not worsen the extent of non- conformity. Should the park be damaQ:ed in excess of 75%. redevelopment shall require submittal of a site plan for review and processing as a maior site plan modification. to indicate how redevelopment will provide maximum compliance with development regulations. with particular emphasis on perimeter setbacks and bufferinQ:. and internal roadway design and access for service and emerQ:ency vehicles. June 7, 2007 53 ZONING 3. Use(s) Allowed. 3. Article IV. Section 3). (See "Use Matrix" - Chapter 4. Buildin2 / Site Re2ulations BUILDING / SITE REGULATIONS I MIl]>]) I>istrict Minimum project area: 1 0 acres Minimum lot size: 4.200 s.f. Minimum perimeter setbacks: 25 feet Special perimeter setback reduction for principal and accessory structures: Abutting: 1-95 or railroad tracks: 50% Abutting: In tracoasta1 : 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of 50% community that abut other I I than residential: I Abutting: Commercial or Industrial: 50% I Abutting: Public or private park: 50% Minimum yard setbacks (per lot): Front: 20 feet Rear: 1 0 feet Interior side: 5 feet Corner side: : 1 0 feet Maximum lot covera2e: ; N/A Maximum structure hei~ht: I 30 feet June 7, 2007 54 ZONING Min. Project Area 10 acres MHPD 25' Min. Perimeter setback ~'" Min. Lot Size 4,200 sq. ft. \ \ \ 5. Accessorv Structures. !: Structures of a permanent nature shall not be added or attached to a mobile home. unless such mobile home is placed upon a site conforming to the minimum requirements for a mobile home. b. The combined area of all additions or attachments shall not exceed the gross area of the mobile home itself. Carports are not included in the above limitation provided that the width of the individual lot is adequate for separation requirements. 6. Parkin2. As provided in Chapter 4. Article V. 7. Modifications Any modification proposed within the MHPD shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.r. 8. Miscellaneous. a. No part of any mobile home. or anv addition or appurtenances thereto shall be located within 10 feet of any accessory or service building or structure used in connection with a mobile home park. June 7, 2007 55 ZONING b. Additional perimeter buffering and landscape material may be required as recommended bv the Director of Planning and Zoning to ensure compatibility with adiacent properties. June 7. 2007 56 ZONING Section 3. Commercial Districts. district regulations and use pro';isions. Section 6. Commercial A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3). 1. Uses pennitted. 'Nithin any C 1 office B:Fld professional zoning district, no buildiFlg, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, eJwept for one (l) or more of the follo',ving specified uses (single family occupancy ';;hen iFleidoo.tal and Flecessary to main use is permitted). Tnose uses, howe'ler, ':,hich a:re listed in lA. below shall require conditional use approval prior to the establishment of these uses: a. Chmooes and other places of '.vorship and attoo.dant accessory uses. Day care C0il-ters, primary and seconda:ry schools, seminaries, and colleges afld uni',ersities shall not be oonstrued to be an accessory use to a place of'lIorship, nO'Never. b. Financial institutions, inc1ading drivc through facilities. C. Funeral homes. d. Faneral home with Crematorium. * e. GovcrnmeHt facilities, includiFlg public commanity centers, exoluding uses v,hich haole extensi';e storage or maintenance facilities, or storage or maimenanee as their prineipa1 use. f. Hospitals. g. .Medical and dental offices and clinics. h. Nursing and cOH';a1escent homes. i. PhanFlaoies, mediea1 and s1:H"gical supplies; orthopedic, in';a1id and convalescent supplies; eyeglasses and hearing aid&;- June 7, 2007 57 ZONING J. Professional and business offices. k. Veterinary offioes and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and exoluding on site disposal of animals. 1. Reserved. m. Nursery schools, day care canters, and other preschool faoilities* (See Seotion 11.C.). n. Instruotion or tutoring, with a gross floor area of less than 1\'.'0 thousand (2,000) square feet, limited to instruction for office oeall-rations, or acadern.ic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. o. mstruotion or tutoring, ,,"ith a gross floor area Oft';IO thousand (2,000) square feet or more, limited to instruction for offioe occupations, or aoadeHlic tutoring, and specifically excluding art, recreational, trade or industrial instruction. * p. }.oooemic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and uni'.'ersities. q. Copying service. Print shops shall be allowed subject to obtaining a hazardous material or toxic substance revie'N in acoordanoe ','lith Part II, Section 9 71 of this code. r. Restaurants, * subject to the follo';ling conditions: (1) No restaurant is to be allowed in an office building or complex onass than 1\yenty five thousand (25,000) square feet.: (2) No restaurant shall occupy more than five (5) per cent of the total square footage ofthe offioe building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or oomp1ex. (1) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (10) seats or less. June 7, 2007 58 ZONING s. Barber shops, beauty salons, manicurists, tailors and dressmakers. * 1. Denta11aboratories. * u. Reserved. \'. Photography st1:ldio serviees excluding retail sales of photography and picture accessories and de';01oping/finishing of customer film. 1./\.. Conditional uses allowed. These uses spoeified abo'/0 in s1:1bseetion 6..lA...1. '.vhieh arc f-ollmved by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in aceorda:n.oe with the prooedares set forth in Seotion 11.2. 1 B. Fire Department HllZarooas Material Disolosure reqaired. .^..ny use listed nnder 6..\.1. or 6..^... LA... above whie-h uses, handles, stores, displays, or generates hazardous materials, hazardous T.vaste, or a toxic substance as the same arc defined by 10 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth. in Rule 1.\ 62.001, Florida .A..dministrativc Code, shall require a Fire Department Hazardous Material Disclosurc in accordanee with Part II, Section 9 71 of this code. 2. Uses prohibited. .A..ny outdoor display of merchandise. a. .A..ny omdoor display ofmerehandise. b. Self scrvice storage facilities (mini T.varehouse). June 7, 2007 59 ZONING 2. Buildin2 / Site Re2ulations. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: I BUILDING / SITE REGULATIONS C-l District Minimum lot area: 9,000 s.f. I Minimum lot frontage: I 75 feet I Minimum lot depth: 120 feet Minimum yard setbacks: Front: 30 feet Rear: 20 feet Abutting: Residential district(s) 30 feet Interior side: 1 0 feet Abutting: Residential district( s) 30 feet Corner side: 1 0 feet Abutting: Residential district(s) 30 feet Maximum lot covera2e: 40% 0.41 -- Maximum Floor Area Ratio (FAR) Maximum structure height: 30 feet2 I (For hospitals only) 45 feet II 1 A Floor Area Ratio (FAR) up to 0.40 may be considered for office commercial and related uses allowed within the C-1 district (see "Use Matrix" - Chapter 3, Article IV. Section 3.), pursuant to the Office Commercial Future Land Use classification ofthe Comprehensive Plan. ~ Bui1din~s designed with under-storvpark:in~ shall be allowed a maximum building hei~ht of 35 feet but onlv with conditional use approval. MinimlHll10t frontage 75 feet Minimum lot depth 120 feet Minimum lot area 9,000 square feet Maximum lot coverage (building) 10 percent Minimum front yard 30 feet Minimum rear yard 20 feet Minimum side yards 10 feet* Maximum structure height 25 feet, not to exceed 2 stories** June 7, 2007 60 ZONING *'Nhen abutting residential distric-t, side and/or rear yards sRa:ll be thirty (30) feet. * * Ex eeptiofls : 1. Maximum height for hospita1 shall be f-orty five (15) feet not to exceed four (1) stories. 2. Building designed f-or under building parking shall be (30) feet maximum. 3. Parkin!?:. As provided in Chapter 4. Article V. 1. Off street parking. :\.s set forth in Section 11.H hereinafter. June 7, 2007 61 ZONING B. C-2 NEIGHBORHOOD COMMERCIAL DISTRICT. These district regulations will provide a limited number of small commercial facilities of a retail convenience nature, intended to service individual residential neighborhoods. Generally, the desired locations for these facilities are near and about the geocenter or other planned nucleus of the neighborhood, conforming to the general development plan. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV. Section 3). 1. Uses pennitted. Within any C 2 neighborhood commercial zoning district, no building, structure, land or water, or any part thereof, shall be ereoted altered, or used, in whole or in part, exoept for one (1) or more of the f-olloY/ing speoified uses. Those uses, hO':lever, v/hich are indioated in 1A. below shall require conditional use appro'la1 prior to the establishment ofthese 'l:tSe5-:- /..11 stores and shops in the C 2 distriot shall be limited to retail sales. a. /...ny use permitted in C 1 district. b. ,,^illy use ':/hich is a conditional use in the C 1 zoning district. * The follov/ing uses, provided that the gross floor area of such use does not eKceed fi':e thousand (5,000) square feet: c. "^..utomobi1e parts and marine hardy/are stores, excluding any installation on premises, and excluding machine shop service. d. Camera and audio visual equipment and supply stores. e. Furniture stores and home furnishings; antique stores, excluding auction houses, shall be a permitted use iflim.ited to selling only objects ofva1uc such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. f. F10v/er shops and sale of house plants. g. Bicycle shops. June 7, 2007 62 ZONING h. Luggage storcs. 1. Music stores. J. .^~rt and ceramic stores. k. J 6":.'el1")' and eosmetic stores. 1. Locksmith shops. m. Sporting goods, excluding sale of ammunition or fireanns; game, and toy stores; bait and tackle shops. n. Paint, 'Nallpaper, tile, carpet, draperies, blinds and shades, and interior deoorator shops. o. Offiee supplies, equipment, and fumitme. p. Art, oraft, trophy, hobby, and oostume shops, and se\ving supplies; art galleries and artists' studios. q. Book stores, religious goods, eard shops, tobaeeo shops, and ne'.vs stores. r. Pet shops, excluding kennels or boarding of animals or keeping animals in outdoor kennels. s. Repair or service shops, excluding rebuilding or refinishing fDr retail goods That are typieally sold in the stores which are permitted uses in the C 2 district. All outdoor display or storage in conjunction .......ita sueh uses shall be prohibited, howe'ler. 1. Televisions; radio, video, and stereo equipment and supplies. u. HOl:lSeho1d appliances and parts for same. . . Curio, sou'..enir, and gift shops, mcoluding sale of used merchandise. 'N. Beer and .:..ine sales, limited to consumption off premises. June 7, 2007 63 ZONING x. The follov;ing personal and household services: Barber shops, beauty salons, manicurists, tanning salons, pet grooming, off premises carpet and upholstery cleaning, maid servioe, tailors and dressmakers. y. Laundromats and retai11aundering services, provided that the floor area for such uses is entirely enclosed. z. Retail photographic studios and photo finishing service. aa. slipoovers. Fabrication and installation of furniture bb. Taxicab offices and parking, excluding servioe or repairs on the premises. cc. /I.utomoti'.'e service stations, without major repairs (see definitions: "major repairs"), and including car washes as an acoessory use, provided that at least one (1) frontage lies along a four lane collector or arterial road, and the site is dey.'eloped in acoordance \vith Section II.L. In the C 2 district, repair and service of '"chicles, other than refueling, shall be limited to automobiles, motorcycles, and pick up trucks v;ith a rated capacity of not more than one (1 ) ton. /J1 repair and service of'"ehicles shall be done ';;ithin an enclosed building. * dd. Print shops. ee. Dry cleaning sef'lice, limited to handling goods that are brought to the premises by retail customers. ff. Private clubs, lodges, and fraternal organizations. * gg. Drive up, drive through, or dri'"e in service for any of the retail uses or personal services listed under I.c. through I.ft'. above. * Drive up and drive through facilities for finanoia1 institutions shall be a permitted use, hO\vever. hh. /1.11: or reci"cationa1 instruction. June 7. 2007 64 ZONING The following uses, provided that the gross floor area of suoo use does not exeeed ten thousand (10,000) square feet: ii. Grocery, food, ice cream, confectionery, and health f{)od stores; delicatessens, butcher shops and seafood stores, vegetable and fruit stores, convenience food stores, and bakeries; catering servioe. JJ. General hard.....'arc stores. kk. Resta:urants, including serving of aleoho1ic beverages only in connection with the serving of meals. Sidewalk eafcs, as an aecessory use to a duly licensed restaurant \.vithin the Communit)' Redevelopment ..\rea (CR.:\.) . 11. Drive through, OO';e up, or drive in resta1'lflU1ts. * mm. Sundries, notions, and ';ariet)' stores. Bfl.. Drug stores. 00. Clothing, clothing aocessory, and shoe ~ pp. Lawn and garden supply stores. qq. Drive up, drive through or drive in service for any of the retail uses of personal sef'\'ices listed under l.ii. through 1.pp. above.* Drive up and drive through facilities for finaneia1 institutions shall be a permitted use, hmvever. IT. .^...utomotive service stations, subject to the provisions of 1.cc above. ss. Print shops. tt. Dr)'cleaning on premises, limited to handling goods that are brought to the premises by retail eustomers. au. ..^" single family residence, incidental to a perm.itted, commercial use, located OR the same lot as the commercial use. Suci3. residence shall ha';e a minimum living area ofse'/eR hundred fifty (750) square feet and shan June 7, 2007 65 ZONING be limited to occupancy by the property owner or business oV/nsr/ operator. ;\.11 uses listed under l.c. through l.qq. above shall specify the gross floor area on the application for an oeoupationa11iccnse. Each retail store and adjacent stores or bays under the same ovmership or oontro1 that are of a similar or related use shall be considered to be a single store for the purpose of computing floor area. 1 A. Conditional uses allov/cd: Those uses speeified above '.vhich are follov;ed by an asterisk (*) shall be deemed to be conditional uscs, which may be considered and granted in accordance v:ith the procedures set forth in Seetion 11.2. IE. ,^..nyuse listed under 6.B.l or 6.B.L.\, ..yhich uses, handles, stores, displays, or generates hazardous materials, haza:rdous waste, or a toxic substance, as the same are defined by 10 Code of Federal Regulations, Part 261 or the Florida Substanoe List as set forth in Rule 1f~ 62.001, Florida Administrative Code, shall require Fire Department Haza:rdous Material Disclosure in acoordance 'l.'ith Part II, Section 9 71 of this code. 2. Prohibited uses. '.lhthin any C :2 neighborhood commercial zoning district, no building, structure, land or '.vater, or any part thereof, shall be erected, altered, or used, in whole or in part, for any of the follov/ing uses: a. ,^..ny use not specifically allowed 111 acoordance '.'.,ith the list of uscs under 1., lA., and lB., abo';e. b. fillY use '.vhich is either specifically allo'.ved or prohibited in another zoning district, '.vhich is not specifically allov;ed in accordance '.vith the list of uses under 1., lA., and IE., abo';e. c. Outdoor storage or display of any type. d. Sale of firearms or ammunition. e. Sale of fire'.vorks. f. Tempora:ry employment centers, operated on a '.valle in basis. June 7. 2007 66 ZONING g. ,,\fly \Yho1esale establishments, storage as a principal use, or off premises storage, or distribution. h. Sale of alcoholic beverages, other than beer or wme:- i. Serving of alcoholic beverages, e~(Cept f-or oons:a-mption on prOOlises within a dli1y licensed restal::H'ant and in oonjunction with the serving of regular meals. J. Lumber yards or building materials stores. k. Sales bazaars, farmer's markets, flea or thieves' markets, swap shops and trading posts. 1. 'Narehouse) . Self service storage facilities (mini 2. Buildin2 / Site Re2ulations. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATIONS C-2 District Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: 30 feet1.2 Rear: 20 feet Abutting: Residential district( s) 30 feet Interior side: 15 feet1,2 Abutting: Residential district( s) 30 feet1 Corner side: 20 feet1,2 Abutting: Residential district( s) 30 feet1 Maximum lot covera2e: 40% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure hei2ht: 25 feet4 June 7, 2007 67 ZONING 1 Reduced setbacks will be applied to property located within the Urban Commercial District Overlay Zone. Chapter 3, Article III. Section 8.C. ~ Pursuant to Chapter 3, Article III. Section 8.B.. parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front, side interior. and side comer setbacks in accordance with the Mixed U se- Low Intensity 1 zoning district (see Chapter 3, Article III. Section 6.H.). .J. A Floor Area Ratio (FAR) up to 0.50 may be considered for local retail commercial uses allowed within the C-2 district (see "Use Matrix" - Chapter 3. Article IV, Section 3.), pursuant to the Local Retail Commercial Future Land Use classification of the Comprehensive Plan. 1. Not to exceed two (2) stories. Minimum lot frontage 50 feet Minimum lot depth 100 feet Minimum lot area 5,000 square feet Maximum lot coverage 10 peroent Minimum front )'rH'd 30 feet Minimum side yard (interior lots) Minimum side yard (corner lots) 15 fcet* 20 feet on side street Minimum rear YrH'd Maximum structure height 20 feet* ') 5 feet, not to exceed 2 stories *'Nhen abutting residential districts, side and/or rear yards shall be thirty (30) feet. 1. Repair and service of merchandise: The repair and service of merchandise for household customers shall be permitted as either an accessory or prinoipa1 use, for any merohandise which is typically sold in the C 2 district, excluding rebuilding or refinishing of any type. 5. Exterior storage or display: Exterior storage or display of merchandise or materials shall be prohibited, \vith the exception of grov:ing plants which are stored or displayed as an accessory use to a la\yful principal use. June 7. 2007 68 ZONING 6. Sale of used merehandise: The sale of lised merehandise shall be peImitted as an aoeessory use to the sale of new merehanaise, meaning that used merehandise shall be ofilie same type as the new merohandise sold on the premises, and shall be permitted as an aeoessory llse to a repair saop 'Naich is permitted in thc district, provided that, in all cases, the floor Mea oeeupied by used merchandise shall not exceed nventy ti'/e (25) percent of tho gross floor Mea. Stores \vhieh deal primarily in used merchandise, shall be limited to retail merehandise of the type that is permitted in the list 0fpermitted uses above. Pa'.vnshops and ffile-tion houses shall be proh:ibited, however, in the C 2 district. UseE! merehandise stores shall be located not less than twenty four hundred (2,100) foet apart, as measured by direst distanee ben'leeR property lines, and shall ha'/e a gross floor area of not more than ti'/e thousand (5,000) squar-e feet. 'Nhere these stores are eurrent1y located at less than this minimum distance, suoo. stores shall not bc expanded. .^J1 new applications for oeoopationa1lieooses to operatc sueh uses or applications f-or building permits to expand sueh uses shan be aecompanied by an affida'lit which eertifies that the provisions of this paragraph ':/ould be complied .../4.th. EJ(terior storage and display in connec-tion v;ith such uses shall be prohibited. 3. Parkin!!. As provided in Chapter 4, Article V. 7. Off street IHH'kiFlg as set forth in Section l1.H hereinafter. June 7, 2007 69 ZONING C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage the development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Densitv. The C-3 district allows a maximum density of 10.8 dwelling units per acre (for high-density residential) and corresponds with the Local Retail Commercial (LRC) Future Land Use classification. All high-density residential must adhere to the R-3 district regulations. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article N. Section 3). 1. Uses permitted. \Vithin any C 3 oommooity oommeroial distriot, no building, structure, land or ',vater shall be used exeopt f{)r one (1) or more of the follo','ling uses: a. "^JlY use permitted in C 1 or C 2 districts, ','/ithout speoific limitation on floor area. b. "^JlY oonditiona1 use in the C 2 district, exoept as provided for otherwise uFlder the C 3 district regulations, without specific limitation on floor area. * c. Antique stores and auctions houses, selling only obj ects of value such as quality antiques, art objects, jewelry and the like, but not used merchandise generally. d. Bars, cocktail lounges, subject to the proyision of Chapter 3 of the City of Boynton Beach Code of Ordinances. Such uses shall be a conditional use (*) if located within six hundred (600) feet of property lying v;ithin a residential zoning district as measured by direct distanoe bet:\veen property lines. Sidovla1k cafes, as an acoessory use to a duly 1ioensed restaurant 'vVithin the Community Redevelopment i\rea (CRf~). e. Liquor stores, subject to the prm'isions of Chapter 3 of the City of Boynton Beach Code of Ordinan oes. f. Greenhouses, nurseries, and other horticultural $e&: June 7, 2007 70 ZONING h. Hotel, motels, apartment hotels, and apartment motels, including timesharing units, pro\ided that sleeping rooms and apartment suites therein, and exterior portions of the site shall not be used for the display, lease, or sale of merchandise. i. Lumber yards and building materials stores, including sale to contractors. * j. Multifamily and duplex residential dwellings, including timesharing apartments, whieh shall eomp1Y',I',1.th the R 3 district regulations f-or such uses. k. Rooming and boarding houses. * 1. Pri':atc clubs, lodges, and fraternal organizations. m. Ree-reationa1 facilities: (1) Indoor recreational facilities, including nightelubs, * bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges and ml:1sica1 entertainment and athletic competitions* shall also be acoessory to the prineipal l:1ses dcseribed in this section. Indoor reereationa1 faeilities other than those v/hieh are listed aboye conditional uscs(*). (2) Outdoorrecf'eationa1 facilities, including, but not limited to, golf courses, miniature golf COl:lI'SCS, tennis clubs and the like. Racetracks, go cart tracks, and water slides shall be prohibited. o. Theaters and auditoriums, excluding drive in theaters. June 7,2007 p. .^~utomotive scrviee stations, '.vithout major repairs (see definitions "major repairs"), and including ear washes as an accessory 1:1se, provided that the site is developed in accordance "'lith Section 11.L. The repair and serviee of':ehiclcs in the C 3 district shall inelude all motor 71 ZONING vehicles, in addition to those types of motor vehicles f{)r which repair and service is allowed in the C 2 district, but sha:ll exclude farm tractors and implements, cement mixers, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes. "^,J1 repair and service of';ehic1es shall be done 'v'/ithin an enclosed building. q. Bus terminals. r. /..mbu1ance service. s. New boat sales, excluding repair or servioe on prenlises. * t. Marinas and yacht clubs, v/hich may ino1ude the follo',\'ing as aeoessory uses, if approved as such: /illy accessory uses to marinas \vhich are allo',ved in the CBD district, as ',vell as boat dea:1ers, service, repair, installation, rebuilding, or customizing of boats, engines, or marine of boats, engines, or marine equipment. * u. Dry storage of boats at marinas. * v. Yachte1s, boate1s, and other use of boats at marinas f{)r residences. * ....1. Small equipment and tool rentaL for homeowners use, excluding exterior display or storage. x. Governmental, utilities, and communications facilities, excluding uses ',vhich ha';e extensive storage or maintenance facilities, or storage or maintenance as their prinoipa1 use. Utilities shall be adequately screened from mctenor viev;. y. Trade and business labor pools; such uses shall be a conditional use (*) if operated on a walle in basis. z. Automobile wash establishments. aa. '.Vho1esaling of goods listed under Section 8."^..1.c.(2), 8.A.1.c.(3), L^..1.c.(1), 8./..1.c.(6), 8./..1.c.(7), 8./..1.c.(11), and 8d^..1.c.(16) of these zoning regulations, and storage of goods for households, but excluding any exterior storage or display, ''vhere all portions of the property lie v/ithin three hundred (300) feet of a railroad right of way, and direct access to the property from a collector or June 7, 2007 72 ZONING arterial road is not a'-'ai1ab1e at the effeotive date of this ordinance. * The conditional use applioation shall list the speeifie types of goods 'Nhich are to be sold, stored, or distribl:lted from the premises, and uses of the property shall be limited to those specified on this list, as appro','ed by the City Commission. bb. '^1dult entertaiIlIE.ent establishments. 00. Rep8:-ir of motor vehicles or tire sales and servioe, limited to minor reJ3airs (see definitions "minor repairs"), and including ear ..'-,ashes as an aooessory use, are as follo'.vs: (1) This use is not permitted on sites less than fi','e (5) aores in size. (2) On sites of greater than five (5) acres and less than sey,'enty five (75) aores, all such uses shall be 100ated in either a prinoipa1 building of a shopping OeRter or in a subordinate, stand alone building and/or outparee1 \-yithin a commercial Master Plan, provided that the subordinate stand alone building and/or 0l:ltparce1 within a oommeroia1 Master Plan is not 100ated betweoo the principal building and aFJ. adjoining right of \-vay or bet'.veen the prineipal building and abutting residentially zoned property. (3) On sites of greater than seventy five (75) aCi"es 8:-11 sueh uses ':(ill be allowed to be located in a separate building in a shopping eenter. * Passenger car rental is allo'.ved as an aecessory use '.vithin said building subject to the following additional oonditions: (i) The oustomer service area shall be located '.vithin said building. (ii) No more than twelve (12) automobiles shall be stored on site for the purpose of rental, and such automobiles shall be stored in marked stalls. (iii) No fueling or rc fueling of automobiles sh8:-11 be permitted on site. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passooger cars (a motor vehicle with moti','e power, except a multipurpose June 7, 2007 73 ZONING passenger ';chicle or motorcycle, designed for carrying ten (10) persons or less), or multipmpose passongcr vehicles (motor vehicle with moti';e pO'vver designed to carry ten (10) persons or less ,../hich is constructed either on a truck chassis or v/ith special features for occasional off road operation). "^,Jl repair and service of ';chicles shall be done within an enclosed building. dd. Upholstery and carpct steam cleaning businesses. ee. Marine canvas retail sales and fabrication (no on premises installation). ff. Nigh:tclub* gg. Cosmetology schools including barbering, hair styling, or thc cosmctic arts, such as makeup or skin care, ifin oonjunction "'lith the delivery of the service to the general public on a daily basis. * L^.... Conditional uses allowed. Those uses specified above which are follo'vved by an asterisk (*) shall be deemed to be conditional uses, which may be considered and granted in acoordanoe v/ith the procedures set forth in Section 11.2. lB. }..ny use listed under 6.C.1. or 6.C. L^~. 'v",hich uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substanoe, as the same are defined by 10 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 1}~ 62.001, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance ','/ith Part II, Section 9 71 of this code. 2. Prohibited uses. 'Nithin any C 3 community commercial zoning district, no building, structure, land or "vater, or any part thereof, shall be erected, altered, or used, in 'llhole or in part, for any of the following uscs: a. h1Y use not specifically allo'Ned in aooordance v:ith the list of uses under 1., L^~., and lB., abo'/e. b. Any use 'v\'hich is either specifically allov/ed or prohibited in another zoning district, which is not June 7, 2007 74 ZONING specifically allowed in accor-danee ':/ith the list of uses under 1., L\., and 1B. abo';e. e. Any ',vho1esaIe establishments, storage as a principal usc, off premises storage, or distribution, eKcept in aocor-dance v/ith 1.aB.. and LA... abo'/c. d. Single family detaehed dwellings, 6Jceopt v/here used as a gFDUP home. e. Sales bazaars, farmer's mlH'kets, flea or thieves' IRlH'kets, swap shops, and trading posts. f. Bingo halls. g. Self service storagc facilities (mini V/lH'ehouses) . 3. Buildin2 / Site Re2ulations. 3. Building and site regl:l1ations. No building or portion thereofsha11 be erected, constructed, converted, established, altered, enlarged or- used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATION C-3 District Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 20 feetl Rear: 20 feet2 Abutting: Residential district( s) 30 feet Interior side: o feetl,3 Abutting: Residential district( s) 30 feetl Comer side: 20 feet1 Abutting: Residential district( s) 30 feet1 Maximum lot covera2e: 40% Maximum Floor Area Ratio (FAR) 0.504 Maximum structure height: 45 feee 1 Reduced setbacks will be applied to propertv located within the Urban Commercial District Over1av Zone, Chapter 3. Article III. Section 8.C. June 7, 2007 75 ZONING ~ ~ Where rear yard access is available from a public street or alley, rear vard may be decreased by one-half the width of such street or alley, but in no case shall a rear yard be less than ten (10) feet. J. Where rear access is not available from a public street or alley, a side yard of not less than fifteen (15) feet shall be provided on one side. ~ A Floor Area Ratio (FAR) UP to 0.50 mav be considered for local retail commercial uses allowed within the C-3 district (see "Use Matrix" - Chapter 3, Article IV. Section 3.), pursuant to the Local Retail Commercial Future Land Use classification of the Comprehensive Plan. ~ Not to exceed four (4) stories. Minimum lot frontage Minimum lot area Maximum lot eo';erage Minimum front yard Minimum side yard (interior lots) Minimum side yard (comer lots) Minimum reM yard b and c) Maximum structure height 75 feet 15,000 feet 10 percent (building) 20 feet None (see Notes a and b) 15 feet street side (see Note b) 20 feet (see Notes 15 feet, not to exceed 1 stories a. Wnore reM access is not available from a public street or alley, a side y-ard of not less than fifteen (15) feet shall be provided on one side. b. '.l/hen abutting a residential zone, side and/or reM YMds shall be thirty (30) feet minimum. c. 'J/here rear YMd access is a':ai1ab1e from a public street or alley, rear yard may be decreased by one half the \vidth of such street or alley, but in no case shall a rear yard be less than ten (10) feet. 4. Parkin2:. As provided in Chapter 4. Article V. 1. Off street parking as set forth in Section 11.H hereinafter . June 7, 2007 76 ZONING 5. Repair and servioe ofmeronandise: The repair and service of merehandise for h0l:1soo01d customers shall be permitted as either an aooessory or prineipa1 use, for any merehandise ':lhieh is typically sold in the C 3 district, exo1l:lding rebuilding or refinishing of any type. €i. Exterior display and storage of merchandise. Exterior display of retail merehandise shall be permitted, pro'lided that sueh merehandise is o':;ned by the operator of the business oocupying the bl:1i1ding, and is the same type of merehandise that is typieally sold within the bl:1i1ding. Exterior storage ofmerehandise shall be for a length of time '.vhieh, on a daily basis, shall not ~(Oeed eighteen (18) flOurS. E),terior storage or display of motor vehioles and boats, excluding wreeked motor ';ehiolos, shall also be permitted to the extoot that same is integral to the opCf'ation of a oonf-orming use or a legal noneonforming use, and withol:1t limitation on length of time. Exterior display of merehandise shall be oompletely oontained '.vi thin property lines, and shall not oOl.'l'l-p1etely b10ek wallcy;ays or otherwise create a hazard to the p1:1l3lie. PMking Mens shall not be used for such. displays CJwept f-or a period or periods of time '.vhieh shall ROt exeeed seven (7) days 'ovithin any ORe (1) ca1endM yeM. Permission from the development director or his authorized representati';e shall be required for anYl:1se of parking areas for display of merehandise. The exterior display or storage of gi"o'oving plants shall be permitted in oonneetion ':lith a lawful priB.oipa1 use, v;ithout limitation on length of time 7. Side'Nalk sales. Sidevlalk sales in rights of v;ay shall require approval by the city manager or suoh person as may be desigaated by the city manager. 8. Sale of used merohandise: The sale of used merohandise shall be permitted as an aooessory use to the sale of nev; merchandise, meaning that used merchandise shall be of the same type as the fiev; merehandise sold on the premises, and shall be permitted as an aooessory use to a repair shop '.vhieh is permitted in the district, pro';ided that in all cases, the floor Mea oeoopied by used merohandise shall not exceed t\venty five (25) peroent of the gross floor aretr.- Stores (including pavmshops) '.vhieh dem primarily in used merchandise, other than antique shops or auotioR houses (see I.c. above), shall be limited to sale of retail June 7, 2007 77 ZONING mercbandise of the type that is allo'.ved in accordunce \vith the list of uses under 6.C.1. and 6.C. L'\.. above. Such stores shall not exceed five thousand (5,000) square feet in gross floor area and shall be located not less than t'.venty four hUFldred (2,100) feet apart, as measured by direct distance bet'.'/een property 1iFles. Where these stores are currently located at less than this minimum distoooe, such stores shall not be expooded. "^J1 ne\.\' applications for occupational licenses to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit which certifies that the provisions of this paragraph would be eomplied with. Exterior storage or display in connection with such uses shall be prohibited. June 7.2007 78 ZONING D. C-4 GENERAL COMMERCIAL DISTRICT. These district regulations will be effective in projecting desirable uses and patterns along the development corridors that will be located at points along major trafficways. The ultimate desired results are to group highway uses, keep accesses to a minimum, and combine accesses, so as to limit the drive out interruptions. In addition, these regulations can help expedite, facilitate and ease traffic on and off the major trafficways and allow sufficient frontage for safe ingress and egress and yet again, not erode the design capacities for our highways. corresponding 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article IV, Section 3). 1. Uses permitted. Within any C 1 geReral eommereial distriot, no building, stnletw"e, 1a:nd or '-Tluter, shall be used, exoept for one (1) more of the follo',T;iRg uses: a. .^.-ny use '.vhioh is a permitted usc in the C 1, C 2, or C 3 zOFling distriot. b. .\ny use ';;hich is a oonditioFl:u1 use in the C 3 zoning district, exeept as provided for othef\.vise in the C 1 district regulations. * c. /~d1::llt ootertuinment establishments, In aeeordanee with Seotion 11.M. * d. Sa:1e or roota1 of ne',\' or used automobiles, boats, reef'cation vehicles, utility trai1Cli"s, and oommereia1 trucks.* f. '.'Vho1esa1e or retail sale of goods listcd under Sections 8..^~.1.c.(2), 8..^...1.0.(3), 8..^.-.1.0.(1), 8..^~.1.e.(6), 8./...1.0.(7), 8.}~.1.0.(9), 8.l~.1.c.(1 0), 8..\.1.0.(11 ), 8.;\..1.c.(11), and 8..^~.1.0.(16) of these zoning regulations. g. E1eetrioa1, plumbing, heating, painting, roofing, a:nd upho1stcry supplies.h. F abrioation and assembly of custom cabinets a:nd furniture, sign painting and lettering shops, or furniture refinishing, within a fully enclosed building, with a gross floor area of less than two thousand (2,000) sqUaI'C feet. June 7, 2007 79 ZONING i. The '.vho1esa1e sales and distribution of prepackaged meats and poultry. Sales shall be restricted to sales to the trades and not to the general public. J. Reserved. k. Nightclub * 1.^>... Conditional uses allowed. The uses specified abo';e '.vhioh are followed by an asterisk (*) shall be doemed to be oonditiona1 uses, ':.'hioh may be oonsidered and granted in accordanoe "'lith the prooedures set forth in Section 11.2. 1 B. l\ny use listed under 6.D .1. or 6.D .1l... which uses, handles, stores, displays, or generates hazardous materials, hazardous v/aste, or a toxic substance, as the same may be defined by 10 Code of Federal Regulations, Part 261, or the Florida Substanoe List as set forth in Rule 1A 62.001, Florida Administrati';e Code, shall require Fire Department Hazardous Material Disclosure in acoordance '.'lith Part II, Section 9 71 of this code. 2. Uses prohibited. \Vithin any C 1 general commercial zoning district, no building, structure, land, or '.vater, or any part thereof, shall be ereoted, altered, or used, in "'/ho1e or in part, for any of the follo'.ving uses: a. .^..ny use not specifically allo'.ved in aooordance \vith the list of uses under 1., 1A., and lB. above. b. Any use which is either specifically allowed or prohibited in another zoning district, which is not specifically allo\ved in accordance 'l/ith the list of uses under 1., lA, and IE. abo'.'e. c. .^..ny residential use, including group homes and residential institutions. Hotels and motels, and apartment hotels and motels shall be a permitted use, however. d. Extcnor storage, unless adequately sCi"eened. e. Sales bazaars, farmer's markets, flea or thieves' markets, s':/ap shops, and trading posts. June 7, 2007 80 ZONING f. Vol arehouses or storage buildiFlgs, eJwept when utilized as an accessory to a principal use whieh is allowed in aecordance with 6.D.1., 6.D.L^~., or 6.D.IB., above, and 100ated on the same parcel as the priFlcipn1 usc. g. Contractors' storage and shops. h. Self service storage facilities (mini warehouses) . 2. Building: / Site Reg:ulations. 3. Bui1diFlg aBd sitc regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATIONS C-4 District Minimum lot area: 5,000 s.f. Minimum lot frontage: 50 feet Minimum lot depth: 1 00 feet Minimum yard setbacks: Front: 25 feet1,2 Rear: 20 feet3 Abutting: Residential district( s) 30 feet Interior side: 15 feet1,2,3 Abutting: Residential district( s) 30 feet Corner side: 15 feet1,2 Abutting: Residential district( s) 30 feet Maximum lot coverag:e: 40% Maximum Floor Area Ratio (FAR) 0.504 Maximum structure height: 45 feet5 1 Reduced setbacks will be applied to propertv located within the Urban Commercial District Overlay Zone. Chapter 3. Article III, Section 8.C. ~ Pursuant to Chapter 3. Article III, Section 8.B.. parcels that have frontage on Martin Luther King Jr. Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front. side interior. and side corner setbacks in accordance with the Mixed U se- Low Intensitv 1 zoning district (see Chapter 3. Article III. Section 6.H.). June 7, 2007 81 ZONING J Where rear property line abuts a public street or alley. rear yard setback may be reduced to 10 feet and no side yard shall be required. except on comer lots or where abutting single-family uses. '1: A Floor Area Ratio (FAR) up to 0.50 may be considered for general commercial uses allowed within the C-4 district (see "Use Matrix" - Chapter 3. Article N, Section 3.), pursuant to the General Commercial Future Land Use classification of the Comprehensive Plan. 2 Not to exceed four (4) stories. However. those parcels located within the Martin Luther King Boulevard Overlay Zone (Chapter 3. Article III. Section 8.B.) shall be limited to 30 feet in height. Minimum lot frontage 50 feet Minimum lot depth 100 feet Minimum lot area 5,000 square feet Maximum lot coverage 10 percent Minimum front Y1:H'd 25 feet Minimum side yard (interior lots) 15 feet onc side* Minimum side yard (comer lots) 15 feet on street side* Minimum rear yard 20 feet* Maximum structure height 15 feet not to exceed 1 stori es *\\'hen abutting residential districts, side and/or rear yards shall be thirty (30) feet. \-''here rear property line abuts a public street or alley, rear yard setback may be reduced to ten (10) feet and no side yard shall be required except on comer lots. 3. Parkin2:. As provided in Chapter 4. Article V. Off street parking: /\s set forth in Section 11.H hereinafter. 5. Repair and service of merchandise: The repair and service of merchandise shall be pennitted as either an accessory or principal use, for any merchandise '.vhich is typically sold in the C 1 district. 6. Exterior display or storage. Exterior display of merchandise shall comply v:ith all provisions that apply to June 7, 2007 82 ZONING the exterior display of merchandise in the C 3 district. Exterior storage of merchandise, materials, or equipment shall be allm.ved only as an accessory use to a la'.vful prineipal use willeh oecupies a building, and shall be adequately screened. EJeterior storage or display of motor vehieles and boats, shall also be permitted to the extent that S8:FR6 is integral to the operation of a conforming use or a legal FlOnconf{)rming usc, and '.vithout limitation on length of time, and 'Nithout the requirement for screening. 7. Sale of used merchandise. Sale of used merchandise shall comply \vith all provisions that apply to the sa.J.e of used merchandise in the C 3 district. Distance separatioR requirerRents as set forth in Section 6.C.8 of :\.ppendix f~ shall ha','e no application to not for profit organizations. June 7, 2007 83 ZONING E. CBD CENTRAL BUSINESS DISTRICT. The intent of this district is to provide a highly visible community focal point integrating business, retail, recreational, and residential activities. The uses allowed in the central business district are intended to serve the entire community, create a high volume of pedestrian activity, provide business, recreation, and residential opportunities, and maximize the potential of the waterfront. 1. Densitv. The CBD district allows a maximum density of 10.8 dwelling units per acre for high-density residential. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article N. Section 3). 1. Permitted and oonditional uses. '.Vithin the central business district, no building, strueture, land, or water, or portion thereof, shall be used except for ODe or more of the following uses listed belo'.Y. Uses specified belo'.v v:hieh are followed by an asterisk (*) shall be dcemed to be conditional uses, whioh may be considered and granted in acoordance \vith Section 11.2 of these zoning regulations. .^Jl conditional use applications within the CBD and the CR.:\. district shall be oonsidered and reviewed by the planning and de','olopment board in all proceedings, until the CR...^~ becomes a seven member body or a separate entity from the City Commission. Furthermore, no part of the CBD shall be developed until a complete, detailed de'lelopment proposal has been submitted to the city and approved in accordance with the standards and procedures set forth in Part III, Chapter 1, Land Development Regulations. Such proposals shall generally follo'.'.' the design guidelines established by thc city for the CBD, and shall include water, sewer, storm drainage, traffic flow, parking, landscaping, lighting, and other data as required by Part III, Chapter 1, Land Development Regulations. Eating and Drinking: a. Restaurant. al. *RestaUfants with drive in or drive through facilities when not in conflict with thc publici private pcdestrian system of the adopted redevelopment J*alr: June 7, 2007 84 ZONING b. Nightelubs*, bars and coektail lounges, ex eluding adult entertainment establishments. Entertainment and Recroation: c. Public parks and recreation faoilities. d. Theaters and auditoriums, ex eluding drive in c. Marinas, limited to thc follo...:ing uses: mooring and doekiRg of private pleasure eraft; sale of fuels and lubrieants; ocoupancy ofprivate emft as li':ing quartefG, provided that suefi eraft Me eonneeted to public sewer faeilities; operation of drift and Charter fishing boats aRd sightseeing boats; bait and taekle shops. Dry stora-ge of private pleasm6 eraft shall be pe.rmitted as a eonditional use. Service and repair of private pleasme cmft shall be permitted as an a-ccessory use to dry storage. Buildings used for dry storage of boats shall not exeeed forty five (15) f-eet in height, shall be enclosed on at least three (3) sides, and shall be designed so as to be compatible with the intemt of the CR...^~ plan, CBD zoniRg and landseapiRg regulations, and CBD design guidelines. The hours of operation of a dry storage facility shall be no earlier than sURrise and no later than sunset. In addition, other uses may be allowed at marinas, in accordanee with the list of permitted and conditi0nal uses f{)r the CBD (eentral business district). f. *Private recreatioR and amusement facilities, iReludiRg bowling alleys, gymnasiums, and hcalth centers. Hotels, Motels and Residcntial: g. Hotels and motels. h. *Multiple family residential, time shariRg apartments, motel apartments, aRd hotel apartments. Offiees and Financial Institutions: 1. Medical and dental offices and laboratories. J. Professional and business offices, excluding offiees or clinics for drug or alcohol treatment or June 7, 2007 85 ZONING counseling, psychiatric treatment or counseling, or any other type of personal rehabilitation. k. Veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on site disposal of animals. 1. Financial institutions, '.vithout drive up tellers. m. *Financial institutions, '.vith dri'.'e up tellers. Public and Quasi Public: n. Government facilities, excluding uses '.vhich ha'le eKtensive storage or maintenance facilities, or storage or maintenance as their priRcipal use. O. Churches and other places of worship, including rectories and COR'lents as an accessory use. p. *Clubs, lodges, and fraternal organizations. s. *Primary and secondary schools, eKcluding trade or industrial schools. t. *Colleges, seminaries, and universities, excluding trade or industrial schools. u. Non degree instruction or tutoring, under ~ square feet of gross floor area, excluding trade ef industrial instruction. ';. *N on degree instruction or tutoring, over 2,000 square feet of gross floor area, excluding trade or industrial iRstruction. v:. *Public assembly halls, auditoriums, and community centers. June 7,2007 86 ZONING Retail: x. z, ^ f only ob' " ..n lque sto b' jeels of"aI" F~S ...d ,oou o jO t' . e S"eft an ft . ..s, J owoI' . .... Il5 lj\laIily . o,,'os, soil' gooorally I), aruI tile like ft. rosteroo aatiq" mg . ' at Dot ...od os, lift merchand' ISe aa. Art 8:B:a oer8:t . ffilC stores. Curio and .ft gl she ps, exc1udin9" I o sa e of us cd bb merohandis~. ce. Music and camera shops. . dd. Furni apflhanoes an..J . ~re, home fum' 1..' , tt mtene a ISttmgs a r ecorator Sflon an aocessories 1""s. ' '1 ee. u a.r..J tl . fi~Un' ~, paInt a-nd '''all YO are, marine hard"'a ft"ddiBg mat ." paper ,lores h - Fe, .....pery e oIoelrieal -I enal, doalers, I....' ut ""e1"diDg I~ arpet, , y _lnD" ft . _R ana gaffi er or 0' eatmg sup r en shops 1 ff. p .OS, ana lbe like. ' g ass, exoh:t..J' Clothing.J uIng sale of anu clothi used merchandise. ng accessories stores , gg. Sap.J_' "unes fl l' , 0 IOns, and " . . arIst" t llh. ' 5-cres. "Jt, craft, hobb ' ), and se'''in ii. PI . - g "'pplie, onst sho . . ps, mcluding I j' sa e offtO\l!JO I 'j. Bu'yele s' pant,. ttOps. 11. mm. ~ June 7, 2007 87 ZONING nn. Sporting goods, game and toy stores. 00. Luggage stores. pp. J e\\'elry and cosmetics storcs. qq. Optical goods and hearing aids stores. IT. Pharmacies and drugstores. ss. Food and grocery stores, retail confectioneries and bakeries, ice cream parlors, and delicatessens, excluding drive through facilities. tt. *Outdoor display or sales of merchandise, subject to the conditions set forth in Section 6.C.6. ofthese zoning regulations. uu. Sidewalk sa.J.es, subject to approval by the community redevelopment agency. uua. New auto parts and accessories. Scrvices: vv. Personal service cstablishments. ViV.'. Printing, engraving, fine art studios, photo finishing service, photographic studios and laboratories; film and recording studios. )~x. *Funeral homes, excluding crematoriums. yy. Business machine service offices. zz. Coin operated laundromats, dry cleaning service, limitcd to handling goods that are brought to the premiseG by retail customers, tailors and drcssmakers, alteration and repair of clothing or clothing accessories. Transportation: aaa. Public parking lots Qnd garages. bbb. *Bus tenninals and taxi stands. ccc. *Railroud passenger stations. June 7. 2007 88 ZONING ddd. * Automobilc rental, limited to rental of new oars. eee. *Helistops. fff. *Private plH'lcing lots and garages, where operated as a principal usc. 1.\.. Any use listed rmder Section 6.E.1. \T:hieh use handles, stores, displays, or gellerates hazardous materials, hazardous waste, or a tOJeic substance, as the same may be defined by 10 Code ofF edera.J. Regulations, Part 261, or the FloridaSubstance List as set forth in Rule 'L^~ 62.001, Florida :\dm.inistrative Code, shall require Fire DepartmeRt Hazardous Material Disclosurc in acoordance v/ith Part II, Seotion 9 71 of this code. 2. Uses prohibited. \VithiR the central busincss district, no building, structure, land, or water, or any portion thereof, shall be used f-or any of the follo'l"ing uses: a. l\ny usc not speoifioally allowed III aooordanoe with Section 6.E.1. abo':c. b. ,^illy use specifioally prohibited in Section 6.E.l. above. c. .^~dult entertmmnent establishments. d. Massage parlors. e. Laundry or dry cleaning plants; caIpet or upholstery cleaniRg plant or serviee. f. Outdoor storage of any type, other than rental cars in acoordance '/lith Section 6.E.l. g. Sale of used merohandise, eJccept for art objects, jewelry, coins, quality restored antiqucs, and the like, which shall be subject to the pro':isions of Section ~ h. Pawnshops. June 7, 2007 89 ZONING . . i. Personal rehabilitatio ' . mcludIng counseling,' n or chmcs or offices, . s6n Ices for sa . . nonrcsldential' any 'd' me, resIdential or f;' ' reSI entml use ",h' h pro esslOnal supeF'i'ision . "Ie requires , , counselmg m a' I care on the prerRises b' e Ica or nursing , or access to smne. J. Rescrved. k. Ulfl I ., 0 esale establishments or distrib f u lOn. Storage as a principal use or any off . , pren1ISeS 1. storage. m. Service repaif I , , sa es or storage of vehicles, n. Repair shops other th . and clothing accessorie' an repaIr of clothing . s, except that s .. sen'ICes shall be aU owed en ICe and repair provided that the .!'loor as ~ accessory use to rctail sales t1 area tte"otea t' ' not exceed 25% of th . 0 repaIr services shall e gross floor area. o. Temporary emf'll v/alk in basis. oymcnt centers, opcrated on a p. Roomin'7 or board' congregate living fi T' b . mg houses, adult b aClltIcs, nursIng h group housin g 0 omes, or any other b' . . q. Dry storage of boats' 13 a repau, Installation build' 13 . '. oat ealers; service, 13 . ' mg, re UIldmg Sf 't " oats, en!?JDcs or m' , ' cus offilzmg of b , ll-TIFle eqUIpment. r. Loading Sf anI a' . oa mg of raIlroad frei2:ht ~ . s. Commereial fl I' ti 07, S 1, 3-16-99) arGng acilities. (Ord. No. 99- June 7. 2007 90 ZONING 3. Buildin2 / Site Re2ulations. 3. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged~ or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATIONS <:BI> I>istrict Minimum lot area: 15,000 s.f. Minimum lot frontage: 75 feet Minimum lot depth: 100 feet Minimum yard setbacks: Front: o feet Rear: 20 feet! Interior side: o feet Comer side: 8 feet2 Waterfront yard (from navigable water): 8 feee Minimum livin2 area: 750 s.f. Maximum lot coverage: 75% Parkin.!! garages: 85% Maximum Floor Area Ratio (FAR) N/A Maximum structure hei2ht: 45 feet4 1 Where rear proPerty line abuts a public street or alley. rear yard setback may be reduced to eight (8) feet at first floor level. in which case. no setback shall be required at all other floor levels. ~ Eight (8) feet is require at first floor level. No setback shall be required at all other floor levels. 1 Waterfront setbacks shall be measured from the property where the body of water is under different ownership than the subiect property line. However. setbacks are measured from the mean high water line if the body of water is under the same ownership as the subiect property. '1: 45 feet, not to exceed four (4) stories. &-- Structures in eKcess of forty five (15) feet in height. Notwithstanding the height limitations referenced in Chapter 2. Article II. Section 2 Section 1F of Chapter 2 of the LaRd De'/elopment Code of the City of Boynton Beach, Florida, all uses enumerated and permitted in the Central Business District, according to the Code of Ordinances which shall June 7, 2007 91 ZONING include but not be limited to hotels and motels: multi-family residential: business or professional offices: bank and financial offices: restaurants: bar and night clubs: ftetels, motels, condominiums, apartments, offices, financial institutions, eating and drinking establishments, entertainment and recreational uses;, retail use~ and transportation use~ or any structure containing a mixed use thereof, shall be permitted to be constructed in excess of forty-five (45) feet in height, but not to exceed 100 feet provided such use is evaluated and approved as a conditional use. Mechanical equipment which exclusively serves the structure shall not be included in the calculations of height. Minimum lot frontage 75 feet Minimum lot depth 100 feet Minimum lot area 15,000 squarc feet Minimum front yard None, at all floors. Minimum rear yard 20 feet abutting adjacent properties at first floor level. 8 fcet abutting street or alley at first floor level. N ORe, at all other floors. MiRimum sidc yard None, f{)r interior lot lines. 8 feet abutting street or alley at first floor level. None, at all other floors. Minimum v/aterfront yard Regardless of the orientation of the lot or parcel, an 8 foot setback shall be maintained from a building or structure and any navigable water. VAl aterfront setbacks shall be measured from the property where the body of water is under different ownership than the subject property line, and measured from the mean high water line if the body of '.;mter is under the same o'Nnership as the subject property. Maximum lot coyerage 75 pcr cent. 85 per cent for parking garages. Maximum structure height 15 feet, not to excced 1 stories. Multiple family dwelling unit density maximum 10.8 dwelling units per acre. Application of residcntial density to a parcel shall not preclude or limit the development of the parcel for other uses which are lavdul under the central business district regulations, proyided such developments otherwise comply with these zoning rcgulations. Living area minimum per multiple family dv:elling unit Canopies and awnings 750 square feet. Canopies or awnings for pedestrian entrance June 7, 2007 92 ZONING ways, with at least 9 feet clear, may project to the property liRe in aRY required yard. Movable awnings o':er right of way Movable a'vvnings may eJetend not more than 8 feet o':er a sidevlalk in an adjacent right of 'Nay, provided such aT,vning or any part thereof shan maintain a elear heigh-t of9 feet above the sidev/alk. Such awniRgs extending over rights of v:ay shall be moved or rerRoved at the request of the city. Permanent structural projections from buildings Ea':es, sills, belt course, cornices, pilasters, and other architectural featm"es; gutters, ohimneys, and meehanical equipment, may projcct Rot more than 3 feet into any required yard, proTlided that such structures are located '.vithiR the property lines and oonform to established oentral husiness district design guideliRes. Regulatory guidelincs Construction and development shall essentially conform to the Community Redevelopment Plan, Land De':elopment Regulations and District Design GuideliRes. Utility lines, mechanical equipment Utility lincs shall be installed uRderground, and any serVIce equipment required abo'/e ground shall be effecti':ely screened. 4. Parkin2. !: General Requirements: As provided in Chapter 4. Article V. b. Specific for CBD district. As provided in Chapter 4. Article V. Section 3.G.4. June 7. 2007 93 ZONING E:. Reduction in Required Parkin!?: Calculations. As provided in Chapter 4. Article V, Section 3.H.2. June 7, 2007 94 ZONING F. PCD PLANNED COMMERCIAL DEVELOPMENT DISTRICT 1. Intent 1. Intent and purpose. A planned commercial district (PCD) is established. The purpose of this district is to provide a zoning classification for commercial developments that will better satisfy current demands for commercially zoned lands by encouraging development which will reflect changes in the concepts and the technology of land development and relate the development ofland to the specific site, to conserve natural amenities and to allow for the mitigation of negative impacts which result from land development. Regulations for the PCD are intended to accomplish a more desirable environment for commercial development in relation to existing and/or future city development, permit economies in providing public services, and to promote the public health, safety, convenience, welfare.. and good government of the City of Boynton Beach. 2. Densitv The PCD district allows a maximum density of 10.8 dwelling units per acre (for high-density residential) and corresponds with the Local Retail Commercial (LRC) Future Land Use classification. All high-density residential must adhere to the R-3 district regulations. 3. LocationaI Standards. 1. Standards for planned eommercial de'/elopments. In formulating recommendations and reaching decisions as to the zoning of land to the planned commercial development zoning classification, the planning and development board and City Commission shall apply the following locational, utility and environmental standards consistent with the comprehensive plan in addition to the standards established in Section 9.C of these zoning regulations applicable to rezoning of land generally. a. Major Transportation Facilitv. Relation to major trans13ortatioR facilities. A PCD shall be so located with respect to major roadways or other transportation facilities as to provide direct access to major transportation facilities without creating or generating an unacceptable level of traffic along streets in residential areas or districts outside it. June 7, 2007 95 ZONING b. Public Facilities and Services. Extensions ofpublicly owned and maintained utilities and storm sewers, etc. shall be constructed by the applicant at no expense to the city and said utilities, etc. shall be deeded to the city clear of any encumbrances. Construction standards employed in the installation of publicly maintained utilities and storm sewers shall be those promulgated by the engineering and utility departments as amended periodically. Concerning streets, consistent with the intent of these regulations, any required roadway improvements shall be constructed at the applicant's expense including the dedication of additional rights-of-way as noted in the traffic and circulation element of the comprehensive plan and the replacement of roadway capacity when applicable. c. TOP02raphv. Physical character ofthe site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage~ and topography shall all be appropriate to both kind and pattern of use intended. 4. Application to Rezone. a. The procedures and requirements to rezone a parcel to PCD shall be in accordance with Chapter 2. Article II. Section 2. b. When the PCD is to be developed in a single phase. the site plan for the development may also represent the master plan. c. 3. Unified control. All lands included in a planned commercial development shall be under the control of the applicant or his assigns (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PCD. The applicant shall agree to: June 7. 2007 96 ZONING ill fr. Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PCD; ill e. Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PCD and for continuing operation and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and ill €-: Bind their successors in title to any commitments made under subsections (1) and (2) 3a and b above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning of land to the PCD classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 8. Procedures for zoning land to planned commereial development. The procedure f{)r zoning land to the planned oommercial de'.'elopment classification shall be the same as for zoniRg lands generally; flO'l/6':Cf, because of the differences betv:een planned developmeRt districts and conventional district boundary regulation ohanges, the procedures lffid requirements 'llhich follow shall apply to all applications for zoning to PCD in addition to the general requirements. a. f~pplieations; materials to be submitted. In addition to information required for application for zoning genera.J.ly, the applicant shall submit the following materials or data: (1) Legal documents assuring unified control of the proposed PCD and the June 7, 2007 97 ZONING agreements required under subsection 3 abm'e. (2) 1\ muster plan oontaining: (a) The title ofthe project and the names of the professional project planner, engineer, surveyor and de'.'elopcr; (b) Scale, date, north arrow, and general location map; (c) Boundaries of the property invobed, all existing streets, buildings, water courses, easements, section lincs and other existing important physical features in and adjoining the project; (d) Site plan of locations of land uses including but not limited to commercial areas, greenbelts and proposed right of '.'lays; (e) Master plan shov.'ing access and traffic flov.'; and en Tabulations of total bJfOSS acreage in the development and percentages thereof to be devoted to the various land uses. (3) Subdivision master plan requirements not listed above. ( 1) /. market study indicating the market area and demand for the facilities proposed. 9. Planning and development board findings. After conducting a public hearing(s), the planning and development board shall recommend to the City Commission that the PCD zoning request be approved, approved '.yith modifications or denied. In making its recommendation to the City Commission, the board shall malee June 7. 2007 98 ZONING findings that thc applicant has met the following requirements: a. The requirements of Section 9C of these regulations related to zoRing generally; b. The requirerRents for unified control listed in Scction 6F3 above; c. The standards listed iR Section 6F 1 above; d. The design criteria listed in Section 6F7 above; and e. Consistency with the adopted comprehensive plan for BOYRton Beach. 10. Conditions and stipulations. In recommendiRg zORing of land to the PCD classification, the planning and development board may recommend and the City Commission may attach suitable eonditions, safeguards, and stipulations, in acoord ';/ith standards set out iR these zoning regulations and in this section. The conditions, safeguards and stipulations so made at the time of zoning to PCD shall be binding upon thc applicant or his successors iR interest. D6':iations from the appro':ed master plan except in the manner herein set out or failure to comply 'Nith any requirerRoot, condition, or safeguard, shall constitute a violation of these zoning regulations. It is intended that no conditions, safcguards or stipulations be required which are not ';/ithin the standards set out in these zoning regulations and in this section and that conditions, safeguards, and stipulations be clearly related to the ends and objecti':es of these zoning regulations and this section. 5. Use(s) Allowed (See "Use Matrix" - Chapter 3. Article IV, Section 3). 5. Uses permitted, oonditional uses, uses requiring Fire Department Hazardous June 7, 2007 99 ZONING . d .."th Pari: II. Section 9 71 Material Disclosure m accor ance n 1 " of this code. ^ 11 uses listed in Section 6.C.l of these a a l'tdas '. . d d ho"'e"er that uses IS e 1 t fiS ~FS"I en. , zoning regu a 10 '. d t secure conditional use d' . 1 "'ill nst be reElUlre 0 f con ItlOna n " d as a part 0 . b the master plan reqUIre appro':alIf s own on '11 t bc subject to the .. d uses WI no this submISSIOn, an . f S f on 6 C 1. if the site . . ElUlrern<:mts 0 ec 1 .. mmImum acreage re , . ent for rezoning to h .. um aCi"eage requIrerR meets t e mmll~ , building dedicated to such use PCD and all portIOns ?: a:~lY zoned property by a distance are separated from reS! en of200 feet. b. Uses ancillary to permitted uses; and . 1 uses not listed in Section 6.C.l, c. CommerCia b d but appro':ed by the planRiflg and development oar. -3 6B I mhich uses, d ^ ny use listed unucr ., YO . . ". ~ 'or enerates hazardous materIals, handles, stores, dwpla) s, g the samc may be a te~\:ie substanoe, as ::=:~ ~V:~~B: ofPcdorol ROg<i:tioR~ ~~12,6 ~oo~~c 1.. b' st us set fort In ~u "~ _. , Florida SUustancc 1 " Fire Department Florida Administrati':c Code, sh~ll requI~e m'th Part II. Hazardous Material Disclosure In accor ance n 1 . Section 9 71 of this code. 6. Uses prohibited. . . F, G ') of these a. .^Jl uses listed In SectIOn ~. ._ zoning regulations. June 7, 2007 100 ZONING 6. Buildin2 / Site Re2ulations 7. Design criteria for planRed commercial de'/elopments. In addition to the design and construction criteria established in other chapters or sections of the Boynton Beach Land Development Regulations, the following design criteria shall be applicable to the zoning, design.. and construction of planned commercial developments: BUILDING / SITE REGULATIONS PCD District Minimum lot area: 3 acres I Minimum lot frontage: Flexible Minimum perimeter yard setbacks: Front: 40 feet Rear: 40 feet Interior side: 30 feet C.omer side: 30 feet Maximum lot covera2e: 40%2 Maximum Floor Area Ratio (FAR) 0.53 Maximum structure hei2ht: 45 feef4 1 Three (3) contiguous acres. 2 The total ground floor area of all buildings and accessory structures shall not exceed 40% of the plot on which they are constructed. 3 A Floor Area Ratio (FAR) of up to 0.50 may be considered for local retail commercial uses allowed in the PCD zoning district (see "Use Matrix" - Chapter 3. Article IV. Section 3.), pursuant to the Local Retail Commercial Future Land Use classification of the Comprehensive Plan. 4 No more than four (4) stories. a. Minimum land area. The minimum land area f-or a planned commercial development shall be three (3) contiguous acres. b. Off street loading. Every hospital, institution, hotel or commercial buildiRg or similar use requiring the receipt or distribution by ':chicle of materials or merchandise shall ha':e one (1) off street loading bay for eaeh twenty fi':e thousand (25,000) square feet of gross floor area or fraction thereof. Off street loading areas shall June 7, 2007 101 ZONING be designed in such a mur...ner as to screen from vie'.\' at ground level, parked vehicles, a materials handling facilities includiRg oompactors or dumpsters. For the purposes of this section, screening is defined as a solid stucco masonry \-vall painted on both sides. c. Lot coycrage. The total ground floor area of all buildings and acoessory structui"es shall not exceed forty ( 1 0) percent of the plot on which they arc construoted. d. Open lot areas. All open portions of any lot shall have adequate grading and drainage and shall be contirn:lOusly maintained in a dust freo condition by suitable landscaping v:ith trees, sh..-ubs or planted ground cover. The design of such landscaping and the measures taken to ensme its maintenanoe shall be subject to the approval of the oommunity appearance board. Planned commercial de'.'elopment district Front yard Side yard Rear yard 10 feet 30 feet 10 feet 7. Parkin2. As provided in Chapter 4. Article V. 8. Modifications Any modification proposed within the PCD shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. 9. Miscellaneous a. Perimeter Landscape Buffer See Chapter 4. Article II. Section 2.A.3.d. b. Off-street Loadin2. See Chapter 4. Article VI. Section 2.A. c. Plattin2. a. Platting. All planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2. Article II. Section 1 and Chapter 4 Chapters 5 and 6 of the Boynton Beach Land Development Regulations. June 7, 2007 102 ZONING d. Site plan. b. Site de'lelopmcntplans. All plans for lots or parcels proposed to be developed within planned commercial developments are subject to and shall be developed consistent with the requirements of Chapter 2. Article II. Section 5 Chapter 1, Site Plan Reviev:, Land Development Regulations. ~ Buildin2 Permit. c. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2. Article N. Section 2 ~ of the Land Development Regulations are completed in every respect. June 7, 2007 103 Section 4. June 7, 2007 ZONING Industrial Districts. A. M-l INDUSTRIAL DISTRICT. 1. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article IV. Section 3).. 1. Permitted uses, no distance requirement. \Vithin any 1 industrial district, no building, struoturc, land or water, or any part thereof shall be erected, altered or used, in v:hole or in part, for other than one or more of the follov/ing specified uses; provided, however, that any use or process that v:ould bc subject to a miRimum distance requirerRent under Section 8..\.2., v:ould require conditional use appro':al under Seetion 8..\.1., or would be prohibited under Section 8./~.5. shall fully comply with thc pro':isions of those sections, whcre applioable. No distance requirerRent other than district setback regulations shall apply for the follo'::ing uses: a. Manufacturing, fabrioation, and processing as follo'Ns: (2) Ice and dry icc. (3) Textile products, apparel, and clothing accessories, manufactured from purchased fabric and materials, ex eluding spinning, wea':ing, knitting, dyeing, or treating ofteKtile mill products. (1) Sailmaking and cam'as goods, including rctail sale of goods manufactured on premises. (5) Leather cutting and stamping; fabricated lcather products. (6) Furniture, cabinets, and v,'ood fixtures, with gross floor area of shop not greater than tVlO thousand (2,000) square feet. (7) Blind, shutter, shade, and a'.','ning fabrication from wood, plastic, fabric, can':as, or finished mctal pieces. 104 ZONING Converted paper and pap~b~ard (8) . in folding lammatmg, products, limited to cutt~ng, s;~~h;ed papcr: paperboard, lining, eoating, and treatI?g 0 p foil, sheet, or film ma:tenals. (9) Stone cutting and finishing. Statuary, ornaments, and art goods. (10) (11) Glass and glass products. . , an:d porcelain (1"') CeramIC, pottef), . - . a lay and usmg . 1)' pre"iously pubenze c , products, USIng on : . kilns fired only by electncIt)' or gas. (13) Investment casting. . . ment annliances, (11) Machmef)', eqUIp, rr d 1 f:f:i' hea parts an d tools limited to asserRblY 0 illS parts, an , materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. 1...1... f Caefglass products, (16) Plastics, l1:luuer, 0 11 . at' f parts and matenals. limited to outting and assem ) 0 7\ Precision instruments, optical (1 7 . . ent and olochvork equipment, photographic equlpm , de'.'ices. (18) Medical and dental equipment. ..1 ..1 ""..1 ether small items (19) Householu goous aI.u . , . ,goods personal articles, to) s, such as jewelD> lapldaf).o 'ds musical instruments; + ae' 'lees sportIng goo , . 1 . amUSerRen. ., l' . ad"ertising specIaltIes, . , office and art supplIes, . statIOnal) , , . ook"'are and flatv:are. novelties, ornaments, notIOns, c YO , (20) Fruit packing and shipping. L- she~s excluding (21) /~ist and. CfUllsman r, retail display or sales on premises. Commercial services as follo\vs: b. June 7, 2007 105 ZONING (1) Industrial, commercial, office and professional equipment; seryicc, repair, and rebuilding, excluding uses specifically prohibited in Section L^..5. (2) Household goods; seryice, repair, and rebuilding, cxcluding display or salc of any ne',\', used, or rebuilt merchandise at retail onpremises, unless specifically allO'.ved in acoordance with Sections 8.A. L 8.A.2.. 8./\.3., or 8.L\.1. (3) Furniture and antiquc upholstery, covering, and repairing. ( 1) Steam and pressure cleaning seryices. (5) Septic tank, se'.ver, and drain cleaning and repair services, eKcluding storage, treatment, transfer, dumping, or disposal of waste on premises, prGyided that trucks used for the transport of waste shall bc parked and stored in conformance v/ith the minimum distance requirement specified in Section 8.L\.2. (6) Packaging and labeling seryices, excluding handling of materials prohibited in Section 8.A.5. (7) Lawn, garden, and tree maintenance services; landscaping contractors. (9) Catering and food services. (10) Data processing services. (11) Research and de','elopment laboratories. (12) Commercial testing laboratories. (13) Medical and dental laboratories. (11) Upholstery and carpet steam cleaning businesses. (15) T ov:ing companies '.vith exterior storage. ( 16) Vegetation recycling as a conditional use to a solid '.vaste operating and recycling facility. June 7. 2007 106 ZONING c. Storagc, distribution, and wholesale uses; retail display and sales shall be prohibited unless specifically allowed in Sections 8..\.1., 8..^~.2., or 8..\..3. (1) 'N arehouses, self service storage facilities (mini warehouses) in accordance with Section 11.0 storage lockers, and cold storage, excluding uses specifically prohibited in Section 8./\.5. (2) Industrial, commercial, office, professional, and business machinery, equipment, fixtures, tools, and supplies, excluding uses specifically prohibited in Section 8 .A.5. (3) Household goods; storage, '.'lholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in accordance with Sections 8..^~.1., 8..^~.2., 8..'\.3., or 8..'\.1. (1) Building materials, homc improverRent stores, lumber, door and wiRdow hardware, shades, shutters, blinds, and a'l:nings; fencing, roofing, flooring, carpeting, tile, hardware, tools, paiRt, \vallpaper, shelving, cabiRets, furniture, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical supplies, and thc like, iRcluding retail sales. (5) Finished eoncrete, brick, clay, and stone buildiFlg and pa':ing materials; sewer and water pipe, and culvert; storage, distribution, '.vholesale or retail sales. (6) Pumps, generators, motors, fire protection equipment, and irrigation equipment, including retail sales. (7) Heating, cooling, ventilating, refrigeration, solar encrgy, water conditioning and heatiRg systerRS and equipment, and major appliances, including retail sales. (8) Pre fabricatod sheds, including retail sale. (9) Nurseries, greenhouses, lawn and garden equipment, tools, and supplies, including retail sale. (10) Monuments and gravcstones, including retail sales. June 7. 2007 107 ZONING (11) Feed and farm supplies, cxcluding uses speoifically prohibited in Seotion 8.}....5. (12) Trucks, buses, farm equipment, construction machinery, and utility trailers, including retail renting and sales. (13) Passenger vehicles, boats and pickup trucks, excluding any retail sales or display, and excluding the keeping of vehicles in violation of Chapter 10, }.rticlc III of the City of Boynton Beach Code of Ordinances. (11) "\utomobile, vehicle, and boat parts, uccessories, furnishings, and supplies; retail sules or display shall be prohibited as a principal use and shall be permitted only as an accessory use to repair, service, rebuilding, or installation services, where sueh services lay/fully exist. (16) Ice and dry ice, including retail sales. (17) Li':c fish. d. Transportation, communication, utilities, and miscellaneous uses as follO'.vs: (1 ) Utilities, communications facilities, go':emment, and public utilities shops and storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. (2) Package express and messenger service. (3) Railroad s'.'litching yards, freight stations and tenninals, storage facilitics, and shops. (1) Recycling pick up facilities for paper, glass, and oans from households. (5) Trade and industrial schools. (6) Radio or micrO'.va','e reoeivers or transmitting towers, as an accessory use to a lawful principal as&.- (7) }~mbulance dispatch service. June 7, 2007 108 ZONING 8 Community centers, operated by non . ( ). u' d d that no more than 10% ofthe profit orgamzatlOns, pro, 1 e fl is de' 'oted to office use. oor space , (9) Gymnastic centers. . 1 "se mhich is Rot specifieally \ny commerCia y .. . e. .. or conditional use in any other zomng listed as a perm:tte~ l' t d as a prohibited use in the 1 district, and vlhlch IS not IS e Zoning District. 2 Permitted uses subject to ~is~ance requir~en~. UT' . . . 1 industrial district, no bUlldmg, structure, an , .. Ithm a:n) C hall be erected altered, or f an;' part thereor s , or 'Hater, 0 . f{)r an ' of the following uses, used, in whole or 1~ part C ..1.. ) 1..undred (300) feet is . . dIStance Or t:tH'ee tt unl~ss .n mm1Ill~ use and residential zoned property. mamtamed ben. een the d 1 a straight airline route Said distance shall ~e me:s-ur~..:I a +~~g zoned nroperty to the th R;' lme Or reSlttendg;.t' . fro.m. e prope Fl:isn of the lot wherc the specified use IS bulldmg or po .... of the lot or structure a t that those pOnlOns a locate, excep .. b ". mdistancemaybcuse whieh m-e located wlthm t e mlIUm~ t d below, subject to for la',vful uses other than thc u~es 15 e distriet building and site regulations. b t m ld reEJuirc conditional ^ nu use or proeess t a .. ou h':e . t d . ~ J . 8 ^ 1 or would be pro lIe use approval under Sectlofl .. ~.. l' 'TO.th the provisions under SectioR 8..^~.5. shall ful~y comp) ..1 of those sections, v:here appheable. Manufacturing, fabrication, and processing as a. follows: l' 't a to forming of (1) Plastic products, Iml e . plastics materials, including compounding of reSIns. C') Rubber produets, limited to f~rming ~f ~ . l' a' IT tire and mnertu e rubber matenals; mec u m? . manufacturing and rubber reclalmmg. 3 Machine shops, ':leldi~g ~d ( ) . .th sheet metal fabncatlOn, metalworking shops, t~~S~1 \amping cutting, joining, blacksmith shops; mac. mmg, Sthcr fo~ing of metals as forlTiRg, drawing, bendmg, or 0 o' 1 s~' lise either a principa or aeeess '.l . June 7, 2007 109 ZONING b. Other uses as follov/s: (1) Asphalt pa':ing, patching, roofing, and sealcoating, excluding asphalt and tar plants. (2) Building cleaning and janitorial services; s'.vimming pool maintenance services. (3) Sandblasting on premises. (1) Bulle storage, distribution, wholesale or retail sale of topsoil, lime, gravel, limerock, shellrock, coal, minerals, crushed rock, sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden shop, nursery, contractor, or other la',vful principal -\tSe; (5) Trucking and transfer, and movmg operations. (6) Contractors, operati'le builders, and trade contractors shops aRd storage areas. (7) Parking or storage of trucks used for the transport of septic tank \vaste or other liquid wastes. (8) i\dult entertainment establishments. in accordance '.'lith Section ll.M. 3. Any use ',vhich uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the samc are defined by "10 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 1"\ 62.001, Florida Administrati','e Code, shall require Fire Department Hazardous Material Disclosure in accordance vlith Part II, Section 9 71 of this code. a. Manufacturing, fabrication, and processing as follows: (1) Dairy products. (2) Canned, frozen, or preserved food. (3) Beverages and bottling. (1) Confections. June 7, 2007 110 ZONING (5) Prepared meat, seafood, and poultry products. (6) /..11 other food products, not specifically permitted in SectioR 8./~.1. or prohibited in Section 8..\.5. (7) Furniture, oabinets, and wood fixtures, with gross floor area of shop of greater than two thousand e ,000) sqaare feet. (8) Printing, publishing, bookbinding, engraving, and allied industries. (9) Pharmaceuticals and biologioal produots. (10) Cosmetics. (11) Plastics products, limited to forming of plasties materials, iReluding compounding of resins, where such ases would be established within the minimum distance requireHleRt speeified in Section g."^~.2. (12) Rubber products, limited to forming of rubber materials, and ex eluding tire and innertube manufaoturing and rubber reclaiming, where sueR uses ';/Quld be established '.vithin the minimum distance requirement specified in Section L\.2. (13) Fiberglass fabrieation and repair, including fiberg1aJs "!::loat fabrication and repair. (11) Machine shops, welding and metalworkiRg shops, tinsmith, sheet metal fabrioation, and blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where such uses ';/ould be established v:ithin the minimum distance requirement specified in Section 8j~.2. (15) Electrical and electronic goods invohing processes other than assembly of parts or materials. (16) Vehic1es, transportation equipment, and boats; farm and construction machinery. June 7, 2007 111 ZONING (17) Mobile homes, pro'/ided that such uses shall be located west of Intcrstute 95. (18) Plated '.vare manufacture; industrial electroplating and anodizing as either a principal or accessory use; rcplating shops. (19) CherRical cleaning and etching of metals, limited to an accessory use to a lawful principal use only. b. Commcrcial services and contractors, as fdlo'.."s: (1) Concrete contractors and pumpmg service, exoluding concrete plants. (2) Contractors, operative builders, and trade contractors shops and storage areas, '::here sueh uses would be established 'vVithin the minimum distance requirement specified in Section 8..^~.2. (3) "^~utomobiles, buses, trucks, and other motor vehicles; construotion and farm oquipment; service, repair, rebuilding, and storage, excluding the keeping of vehicles in ':iolation of Chapter 9, i\rtic1e III, of the City of Boynton Beach Code of Ordinances, and excluding automobile scrvice stations selling motor fuels at retail. (1) Boat storage, service, repair, rebuilding, and customizing. (5) Furniture cleaning, stripping, and refinishing. (6) disinfecting services. EKterminating, fumigating, and (7) Print shops, photographic laboratories, commercial photography, commercial art, silksereening, lithography, typesetting, and blueprinting services. (8) Uniform, towel, and lincn supply services; industrial launderers; laundry and dry cleaning plants, excluding retail pickup aRd drop off on prerRises; carpet and rug cleaning plants. (9) Tire recapping. June 7, 2007 112 ZONING (10) Building cleaning and janitorial services and s'.vimming pool maintenance services, where such uses v:ould be located within the minimum distance requirement specified in SectioR 8.:\.2. c. Storage, distribution, ';/holesale, and other uses, retail display and sales shall be prohibited unless specifieally permitted belo'l/ or else';/here in this section. (1) Petroleum and petroleum prodaets, including solvents and liquified petroleum gas; bulk or nonbulk storage, sales, or distribution. (2) Chemicals, pesticides, and herbicides, exoluding bulk storage, bulle sales, or bulk distribution. (3) Bulk or nonbulk v:holesa.J.e or retail sale of sohrents and eleaning preparations, ineluding f{)rmulating of cleaning prepa:ratioRs for salc on prerRises. (1) Industrial and medical gases; bottled or bulk storage, sales or distribution, excluding ehlorinc, fluorine, ammonia, hydrogen sulphide, sulphur dioxide, or tOJdc gases. (5) Temporary anlUsement parks and rides, fairs, earnivals, circuses, and re'/i':als, pro':ided that all such uses shall have a minimum frontage of tv:o hundred (200) feet on a eollector or arterial road and the major acoess thereto, and that the duration of any such usc shall not exceed f{)urteen (11) consecutive days within an)' one year period. 1. COFlditional uses. 'Nithin any I indl:lstrial district, no buildiRg, structure, lund or water, or any part thereof shall be ereeted, altered, or used, in v/hole or part, for one or more of the follov/ing uses, unless a eonditional use approval is seemed acoording to thc standards and procedures sct forth in Section 11.2 of these zoning regulations; pro':ided, hO'.veyer, that any use or process that would be subject to a minimum distance requirerRent under Section 8.:\.2. or ';/ould be prohibited under Section L^~.5., shall fully comply with the provisions of those seetions, where applicable. June 7,2007 113 ZONING a. Millwork and truss plants, provided that such uses conf{)rm to the minimum distance requirement specified in Section 8.A.2. b. Commercial television, radio and microwave broadcasting or relay towers. c. Arcnas, stadiums, frontons, conT:cntion and exhibition halls, and racetracks, provided that all such uses shall have a minimum frontage oftwo hundred (200) feet on a collector or arterial road, and shall have the major access thereto. d. Helistops, limitod to an accessory use to a la'.vful principal use. e. Cutting of sub primal portions of meat and pre cut poultry into serving portions including packaging and shippiRg v:here pre cut portions (entering thc facility) will not exceed 10 pounds and ':laste generated '.vilI not excecd 1 % of pre cut product. f. Dance instruction. g. Medical or scientific research which involves the use, treatment, storage or processing of hum an or animal bodies or body parts. h. Carwashes. 5. Prohibited uses. \Vithin any 1 industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or used, in '.vhole or in part, for any use not specifically allowed in accordance with Sections 8,",\.1.,8./..2.,8./..3., or 8.}~.1. of these zoning regulations, or for any of the following expressly prohibited uses: a. Manufacturing, fabrication, processing, and extraction as follov:s: (1) Grain and feod products; crop processing. (2) Vegetable fats and oils. (3) Distilling and bre'.ving. ( 1) Seaf{)od processing. June 7. 2007 114 ZONING (5) Slaughtering and rendering of meat and poultry proeessing, and dressing, from carcasses. (6) Stockyards and feeding pens; keeping, raising, or slaughter oflivestock, horses, or poultry. (7) ReBderiRg of animal or marinc fats, oils, and other products; use of unprocessed bORes, fat, hoo':es, horns, or other uRproeessed animal products for the production of gluc, soap, lard, oils, or fertilizer. (8) Sugar processing and refining. (9) Commercial production of field or tree ~ (10) Leather tar.niRg, curing, finishing, and coloriRg; storage of raw hides or skins. (11) Tobaceo processing and tobacco products manufacturing. El"j m' " t.. El' - YO eaymg, spmmng, ffilttmg, yemg, or treating of teJetile mill products. (13) Pulp mills; paper and paperboard mills; eonverted paper and paperboard products not specifically permitted in Section 8."^~.1.a.(8) of these zORing regulations. (11) CheIFlieals and allied products not specifically allowed else'::hcre in this section. (15) 'tV ood preserving, pressure treating, and drying. (16) Fertilizer, pesticides, herbicides, and u.;ficultural chemicals. (17) Explosives, ammunition, matches, and fireworks. (18) Petroleum refining. (19) Petroleum, asphalt, tar, and coal products. June 7. 2007 115 ZONING (20) Plastics, manufacturing of reo ins, primary plastics materials, synthetic rubber, cellulose. and synthetic ~ (21) Rubber, manufacture of primary rubber materials, tires and innertubes, and rubber reclaiming. (22) Soaps, detergents, and cleaning preparations, other than miKing or blending. (23) Paints, varnishes, lacquers, enamels, and allied products, other than mixing or blending. (21) Cement, concrete, gypsum, lime, and plaster manufacture, and products made therefrom, other than those uses specifically permitted in Section 8,"^~.1.a. (25) Brick, firebrick, terra cotta, clay pipe, structural clay tile, and refractories. (26) /~sbestos products. (27) ProoessiRg of rock, sand, gravel, shellrock, limerock, mineral earths, and thc like. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, and foundries, eKcept as specifically allo',ved in acoordance '.vith Sections 8./1..1., 8./~.2., or 8./\.3. no) :9fe~ fOF~ng- \ ..... ""- 0 O. (30) Chemical cleaning or etching of metals as a principal use, or any chemical descaling of metals. (31) Coal or coke fired kilns and furnaces; coke ovens. (32) Mining or quarrying, including rerRoval of rook., sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary for construction on the prerRises. (33) /~erosol filling and packaging. (31) Liquid, oil, or chemical electric transformers, manufacture or rebuilding. June 7, 2007 116 ZONING b. Storage, distribution, wholesale, retail, and services, as follows: (1) /~ny retail display or sale, not specifically allovled elscvlherc in this section. (2) Farmers' marl~ets. (3) FIca markets, sales bazaars, sv:ap shops, trading posts, and the like; sale or display of used retail merchandise, other than completely rebuilt or refiRished merchandise 'Nhere such uses would be allowed in accordance vlith Section 8./...1. (1) Crematoriums and thc like. (5) EKplosives, ammunition, matches, B:Rd fire',vorks. (6) Bulk stora-ge, bulle distribution, or bulk sale of cherRicals and allied products. (7) Compressed chlorine, fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (8) Bulk storage, bulk sale, or bulk distribution of pesticides, herbicides, or agricultural chemicals. (9) Offices or restaurants, except as an accessory use to u lavlful priacipal U8C. (10) Agricultural fertilizing, and chemical pest, disease, weed, or soil treatment services. (11) Truck stops or automobile service stations. (12) Boarding kennels; guard dog kennels and training services. (13) /.ny open storagc or display, unless adequately scn:lcned, except that growing plants ',vhich are stored or displayed shall Rot require screening. /1l1)' exterior storagc of motor vehicles or boats in a ',\Tecked condition shall be permitted oRly iR cOIillection with a lawful principal use allowod elsewflcre in this section, and shall bc adequately screened. Furthermore, the open storage offarm June 7. 2007 117 ZONING tractors and implements, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes shall be adequately screened. c. Transportation, communication. utilities. and miscellaneous uses as follO'.vs: (1 ) Chemical and toxic '.vastc storage or disposal; tank truck cleaning. (2) Land fill operations. (3) Airports, airfields, and landing strips. (1) Heliports. (5) Residences and trailer parks; use of ','ehicles or house trailers as living quarters. (6) Storage, sale, sah'age, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, cxcept as specifically allo',yed else':lhere in this section. (7) Recycling sorting or proccssing facilities. (8) "'\nimal disposal facilities. (9) Incinerators of any type. June 7, 2007 118 ZONING 2. Buildin2 / Site Re2ulations: and site regulations: 6. BuildiRg BUILDING / SITE REGULATIONS M-l District Minimum lot area: 10,000 s.f Minimum lot frontage: o feet Minimum yard setbacks: Front: 15 feet Rear: 20 feet1 Abutting: Residential district( s) 30 feet Interior side: 15 feet2 Abutting: Residential district(s) 30 feet Comer side: 15 feet Maximum lot covera2e: 60% Maximum Floor Area Ratio (FAR) 0.503 Maximum structure hei~ht: 45 feet4 1 Where rear yard abuts a railroad right-of-way or any paved alley. the rear yard may be reduced to 10 feet. 2. Where rear yard abuts a paved alley or street, then no side setback shall be required. 3 A Floor Area Ratio (FAR) up to 0.50 may be considered for industrial uses allowed within the M-I district (see "Use Matrix" - Chapter 3. Article IV. Section 3), pursuant to the Industrial Future Land Use classification of the Comprehensive Plan. 4 Not to exceed four (4) stories. MiRimuffi lot area 10,000 square feet Minimum lot frontage None MiRimum front yard 15 feet* Minimum side yard (intcrior) 15 feet one side Minimum sidc yarD ( comcr) 15 feet streot side Minimum rcar yard 20 feet** Maximum lot coverage 60 percent Mweimum height 15 feet, not to exceed 1 stories *Except 'lIhere fear of the lot abuts a paved alley or street, June 7. 2007 119 ZONING then no side setback shull be required. **'.\'here rear yard abuts a railroad right of v:uy or any paved alley, the rear yard may be reduced to ten (10) feet. Note: ",There lots abut a residential area, the corresponding side and/or rcar setback shall be a minimum of thirty (30) feet. All necessary roof mounted mechanical equipment shall be sound baffled. 3. Parkin2. As provided in Chapter 4. Article V. 7. Off street parking. /~s provided in Section 11.H. hereinafter. (Ord. No. 95-23, S 1, 8-15-95; Ord. No. 95- 24, S 4, 8-15-95; Ord. No. 96-03, S 1,3-19-96; Ord. No. 00- 04, SS 1,2,4-4-00; Ord. No. 00-34, S 1,7-18-00; Ord. No. 01-57, S 2, 11-20-01; Ord; No. 04-002, S 2, 3-16-04; Ord. No. 04-027, S 6,4-20-04; Ord. No. 05-015, SS 2,3.3-1-05; Ord. No. 05-024, S 2, 6-21-05). June 7. 2007 120 ZONING B. PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT 1: Intent The purpose of this district is to provide for current demands for light industrial and other compatible uses in a planned setting. This district is intended for development that reflects changes in technology, is capable of being designed sensitive to the environment, conserves natural amenities, and promotes the public health, safety, convenience, welfare and good government. Regulations for the Planned Industrial Development (PID) district are intended to create a desirable environment for employees, customers and others traversing the PID as well as with respect to current and future adiacent residential development: require economies of scale in providing public services: require placement within close proximity to other employment centers: and provide internal and external connectivity through optimal design and access to available modes of transportation. Seotion 7. Plafl:Red industrial development district. /i.. INTENT .^...ND PURPOSE. /\. planned industrial development district (Pill) is established. The PlITposc of this district is to provide a zoning olassification for light industrial development that will bettor satisfy curren{ demands for light industrial zoned lands by encouragiRg development which '.vill reflect changes in the technology of land development and relate the development ofland to thc specific site and to conserve natural amenities. Regulations for thc PID arc intended to accomplish a more desirablc en'lironment for industrial development in relation to existing and/or futurc city development, permit economies in providing public services, allow for ecoRomics of scale in industrial d6':elopmcnt, and to promote thc public health, safety, oon':enionce, 'l/clfare and good go'/ernment of the City of Boynton Beach. Pill districts may oontain Mixed U S6 Pods ','lith retail, commereial, office, and residential components, subject to the design and appro':al criteria hereinafter set feHlr.. 2, LocationaI Standards G. LOC^~TION.^~L ST/\.ND.'\..WS FOR Pill'S. In reaching recommendations and decisions as to zoning land to PID the planning and development board and the governing body shall apply the following loeational standards, in addition to the standard's applicable to the rezoning ofland generally: June 7. 2007 121 ZONING a. Maior Transportation Facilitv h Relation to major transportation facilities. A PID shall be so located with respect to major roadways or other transportation facilities as to provide direct access to it without creating or generating traffic along streets in residential areas or districts outside it. b. Public Facilities and Services l Extensions of city-maintained waterlines, sewer lines, pumping stations, streets and storm sewers, etc., shall be constructed at no expense to the city and all such construction shall be in accordance with city ordinances and specifications. S TOPo2raphv ,;. Physical character of the site. The site shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, from probability of flooding, erosion, or other dangers, annoyances, or inconveniences. Condition of the soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use intended. 3. Application to Rezone a. The procedures and requirements to rezone a parcel to PID shall be in accordance with Chapter 2, Article II, Section 2. b. When the PID is to be developed in a sin~le phase, the Site plan for the development mav also represent the Master plan. c. D. UNIFIED CONTROL. All land included for purpose of development within district shall be under the control of the applicant (an individual, partnership, or corporation or group of individuals, partnerships, or corporations). The applicant shall present satisfactory legal documents to constitute evidence of the unified control of the entire area within the proposed PID. The applicant shall agree to: June 7, 2007 122 ZONING a. h Proceed with the proposed development according to the provisions of these zoning regulations and conditions attached to the zoning of the land to PID; b. ;h Provide agreements, contracts, deed restrictions, and sureties acceptable to the city for completion of the development according to the plans approved at the time of zoning to PID and for continuing operations and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained at public expense; and ~ ~ Bind their successors in title to any commitments made under subsection ~ and b D.1 and 2 above. All agreements and evidence of unified control shall be examined by the city attorney and no zoning ofland to PID classification shall be adopted without a certification by the city attorney that such agreements and evidence of unified control meet the requirements of these zoning regulations. 1. PROCEDURES FOR ZONING L:\ND TO PID. The procedure for zoning land to the PID classification shall be thc same as for zoning land generally. Because of the differences in PID developments and the concept of unified cORtrol in de'/elopment, the follov:ing prooedures and requirerRents shall apply to applications for zoning to the PID classifioation in addition to the general requirements. 1. /~pplieations; materials to be submitted. In addition to information required for applioation for zoning generally, the applieant shall submit the follov/ing materials or data: a. Legal documcnts assuring unified oontrol of tho proposed PID and the agrcemcnts required under subsection D. b. A master site development plan oontaining: June 7, 2007 123 ZONING (1) The title of the project and the names of the profcssional project planner and the devclopcr; (2) Scale, date, north arrov.', and general location map; (3) Boundaries of thc property in','olved, all existing streets, buildings, \.vatercourses, easements, section lincs and other existing important physical features in and adjoining the project; (1) Site plan of locations of land uses including but not limited to industrial areas, greenbelts and proposed rights of way; (5) Master plan showing access and traffic flo'.v; and (6) Tabulations of total gross acreage in the dc':elopment and the percentages thereof to be de'/oted to thc vaTIoas land uscs. c. Repealed by Ord. No. 78 37, ~ 1. J. PU\}INING AND DEVELOPMENT BO"^~PJ) FINDINGS. After public hearinc:, the planning and development board may recommend to the ~oveming body that the rID zoning be granted. subieot to stated stipulations and conditions, or disapproved. In making its recommendations, the planning and de':elopment board shall find that the plans, maps. and documents submitted bv the applicant and prcsented at the public hearing do or do not cstablish that the applicant has mot the requirements of subsection I of these regulations applicable to zoning generally. and in addition: 1. The requirements of unified control and agreoments sct out in subsection ~ ~ 2. The 10cational standards set out in subsection G; June 7, 2007 124 ZONING 3. The internal PID standards set out in subsection H; 1. The tract for thc eroposed PID is suitable in tcrms of its relationships to the city comprehensive plan and that the area surroUfldinE: the proposed PID can oontiRue to be developed in coordination and substantial oompatibilitv with the PID proposed. K. CONDITIONS .\ND STIPUL\ TIONS. In reoommendinE: zoninE: of land to PID classifieation, the planning and development board may recommend and the governinE: body ma';, attach suitable conditions, safe~ards, and stipulatioRs, iR aocord ',vith standards set out in thesc zoninE: regulations and in this section. The conditions, safe~El:Fds and stipulations so made at the time of zORinE: to PID shall be binding up OR the 8.i'l'l3licant or his sucoessors in interest. Deviations from appro','ed plans exoept in the manner herein set out or failure to comely with any requireHlent. oondition, or safeward, shall oonstitute a violation of these zoning reculations. It is intended that no eonditions, safeguards or stipulations be required which are ROt vii thin the standards set out in thcse zoninE: regulations and in this section and that conditions, safelroards, and stipulatioRs be olearly related to the ends and obiectives of these zoning rewlations and this section. 1. Hotel and motel density. Permitted density for hotel and motel dC'.'elopment shall not exceed h'lenty (20) units per acrc. June 7, 2007 4. Use(s) Allowed and Use Approval In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any industrial. office/ professional. commercial business (wholesale or retail) use; educational and institutional uses; adult entertainment use (subiect to additional restrictions within the Land Development Regulations); recreational and 125 ZONING attraction uses (as defined for the Industrial Future Land Use classification); and town home, multi-family, and mixed- uses and proiects in a PID, qualifying for a Mixed-Use Pod. NOTE: All uses described in this section must be approved by the City Commission for placement on the respective PID List of Approved Uses. through the Use Approval Process (see Chapter 2, Article II, Section 7). In approving uses for a PID, the City Commission shall make findings that the use or uses proposed will not be in conflict with the Operational Performance standards listed in Chapter 3, Article IV, Section 1 of these regulations, and are consistent with the intent and purpose of this section. E. USES PERMITTED. In the PID, a building and its customary ancillary structures and land uses may be erected, altered and occupied for any office, professional, business (wholesale or retail), educational institution, adult entertainment in accordance with Section ll.M., recreational and attractions as defined for thc industrial land use classification, multi family residential, and mixed use residential/commeroial uses in PID's totaling a minimum of 500 acres or industrial use provided that such use or uses is/are approved by the planning and development board. In appro'.'ing uses in the PID, the planning and de':elopment board shall make findings that the use or uses proposed will not be in conflict \vith the performance standards listed in Seotion i.N. of these zoning regulations, and that the use or uses proposed is/are consistent '."!lith the intent and purpose of this section. For the purpose of this section, educational institution shall mean a public, quasi public or pri':ate faoility that offers instruction to students for one (1) or more of the follo'.ving needs: preschool programming; tutoring: kindergarten, elementary and secondary grades schooling; higher learning for the purpose of granting degrees in a particular field and occupational or industrial, technical training. In addition, uses permitted are subject to limitations as follo'.vs: 1. Outdoor storage of materials may be permitted based on a finding of the planning and development board that such storage does not exceed fifteen (15) per cent of the total square footage ofthe building site and that such storage is sereened and fenced to preclude exposure to the public; and 2. }~y use appro':ed by the planning and development board for a particular PID which uses, handles, stores, displays, or generates hazardous materials, June 7. 2007 126 ZONING toxic substance, as thc same may bc hazardous ',yaste, or a d al R lations Part 261 or tho defined by 10 Code o~Fe er t ~~ in R~lc 1.^~ 62.001, Florida Subst~.cc L~st a~ s; hall also require Fire I . Ei ^ EHl'Hmstratlve 0 e, s Ei F on a " ~ !l1 t . al Disclosure, in accor anco DepartmelTt Hazardous ,a en. with Part II, Section 9 71 of thIS code. appro' 'ed by the planning Bfld ^ ny use, Eil " ...... . I Pill "'hich uses, han es, 13 Ei f; a partlc-u ar .. d6'/elopmont oar or t . Is or "'hich geRerates Ei' I ' 8az;ardous ma ena, .. stores, or lSp a)s fi db' 10 Codc of Federal Ei '''aste as de fie ) t I hazar ous.., I e uire an CB"iromIlen a Regulations, Part 261, shall a ~~.~ QSection 1 i.3 of these rs"ie'" permit in accordance ..1 ... Y1' zORiag regulatioRs. F. USES PROHIBITED. . . I ....th the exception of accessory I R eSldentla uses ..1 '..1 ..' I . ~ ti famil ' and miJeed use reSlueR.la hotels or motels. Mul ... d ~ Pill's with gross aef'eage /commereial uses are allo..e In totaling at least 500 acres. 2. Acid manufacture. Cement and/or lime manufacture or processing. 3. 1. Lumber yards. 5. ,,^~sphalt and tar plants. 6. Man-ufacture or storagc of 6Kplosives. Paelcing plants, canning plants or slaughter yards. 7. 8. Petroleum storage, refining or transfer. 9. Stockyards. Rendering plants or glue works. 10. 11. Pulp or paper mills. . Ei e efsl:l:ch trailers 12. Parking ofhouse trailers an us as living quarters. June 7, 2007 127 13. Chemical plants. ZONING 11. Fertilizer manufacturing and/or distribution. 15. Crematoriums. 16. Dyeing plants. 17. Junk and salvagc yards. 18. Sanitary landfill operations. 19. Smelting and casting operations (except investment type casting). 20. Conci'ete mixing plants. 5. Buildin2 / Site Re2ulations BUILDING / SITE REGULATIONS I! PID District I Minimum project area: 25 acres 1 I Minimum lot frontage: Flexible Minimum yard setbacks: Front: 30 feet Rear: 30 feet Interior side: 20 feet Comer side: 30 feet I Maximum lot covera~e: 60%2 Buildin2 Separation: 25 feet Maximum Floor Area Ratio (FAR): 0.5J Maximum structure hei~ht: 45 feet4 1 Twenty-five (25) contiguous acres. 2 The gross floor area of the building and accessory structures shall not exceed 60% of the lot on which it is constructed. 3 A Floor Area Ratio (FAR) of up to 0.50 may be considered for industrial land uses allowed in the PID zoning district (see "Use Matrix" - Chapter 3. Article IV, Section 3.). pursuant to the Industrial Future Land Use classification of the Comprehensive Plan. No more than four (4) stories, with the exception of buildings in Mixed-Use Pod ofthe PID pursuant to Chapter 4 June 7,2007 128 ZONING 3. Article III. Section 4.B.9.d. of these Land Development Regulations. 6. Parkin2 As provided in Chapter 4, Article V. 7. Modifications Any modification proposed within the PID shall be in conformance with Master Plan modifications pursuant to Chapter 2. Article II. Section 3.1. 8. Miscellaneous O. ZONING ADMINISTR/\TOR. Building permits. No building permit or certificate of oeeupancy or zoning compliance shall be issued in or for development in a PID district except in conformity with all pro':isions of thc zoning to Pill classifications and plans submitted under subsection M of these zoniRg regulations. (Ord. No. 96 51, S 1, 1 21 97, Ord. No 00 00, S 1,23 21 00) a. Perimeter Landscape (Greenbelt) Buffer See Chapter 4, Article II, Section 2.A.3.e. b. Off-street Loadin2. See Chapter 4. Article VI. Section 2.B. L. TTh1:E LIMIT.^~ nON FOR COM11:EtJCING PL^~TTING. a. Follov,ing City Commission appro'lal of an application for the zoning oflands to P .I.D., the property o'::ner shall commence platting of the property v:ithiR eighteen (18) months of the date of eommission approval. For the purposes of this scctioR, the commencement or plattiRg shall mean the filing of a plat by the developer 'l/ith the ~ lr. If platting procedures are not commenccd within the eighteen month time period provided for herein, then the approval of rezoning shall be subject to re':iO\y by the City Commission. The commission shall direct staff to submit to thc City Commission an application v/flich will dO'l.'fl zone the property to the original or appropriate zoning district. Follo'.ving such dircction by the City Commission, no new de'/elopment permits affecting thc property shall be issued by the city until a final determination is made by the City Commission f{)llov:ing notice and public hearing. June 7, 2007 129 ZONING €-;- Upon v:ritten request by the applicant prior to the expiration of the eighteen month time period provided for herein, the City Commission makes the time period for commencement of platting procedures by a maximum oftwch'e (12) additional months. In granting such extension, the City Commission may impose additional conditions as it deems necessary to ensure completion of thc platting process and to eonform the project to current d6';elopment standards or, v"hieh are necessary to preserve the health, safety, and welfarc of adjacent communities or developments. th Nonsubstantial changes in plans as determined by the City Commission shall not eKtend the time periods provided for herein. M:. PL^~TTING, SITE DEVELOPMENT PL^~NS .'\ND BUILDING PERMITS. 1. Platting. Follo'.ving the zoning of land to Pill, plans and engiRcering dra\yings shall be submitted to the city in accordance v/ith proeedures established in city ordinanoes. The proposed plat shall be in substantial compliance with the approved master development plan submitted as part of the application for zoning to Pill. PhasiRg of the development of the PID shall be pennitted if the proposed plats(s) provide for reasonable continued development in accordance \vith the approvcd master plan. ') Site development plans. Site development plans shall be submitted in se'len (7) copies along \-'lith an application provided by the city planner and a fee as adopted by resolution of the City Commission. These site d6';elopment plans shall include but not be limited to the data and materials required in Chapter 1 of the Land Development Regulations. Furthermore, these site de'lelopment plans shall reflect the design criteria cited in subsection H above. c. Buildin2 Permit. 3. Permits. No building permits shall be issued unless and until platting procedures and the requirements outlined in Chapter 2, Article III. Section 1 ~ of the Land June 7. 2007 130 ZONING Development Regulations are completed in every respect. 9. Mixed-Use Pods lh Intent. The purpose of these provisions is to establish small mixed-use nodes containing a combination of residential, commercial and office uses in close proximity to employment centers and available modes of transportation, while also meeting the intent of the PID district described above. The Mixed-Use Pod is intended for a master planned setting that provides optimal internal and external connectivity for residents, employees, and other visitors, and generally follows the livability and connectivity standards promoted in the Smart Growth initiative. P. MIXED USE PODS \VITHIN "A~PPROVED PL:\NNING INDUSTRL\L DISTRICTS. For the purpose of this subsection. a Mixed-Use Pod is defined as a development proiect located within a previously approved PID. The following criteria shall apply to Mixed-Use Pods proposed for development within an approved PID: 1. Mixed Usc Pod components and definition. a. For the purpose of this subsection, a }"4:ixed Use Pod is dcfined as a development project located entirely within a previously appro':ed PID '.'Ihich, whon oomplete, will havo all of the follovling uses: 1) Multi family residential. 2) Commercial/retail. 3) Offiee and professional. The rcsidential COmpOFH.:mt of the Mixed Use Pod may inolude fee simple and rental dwelling units. .^~ Mixed Use Pod is the aggregate of all land ',vithin the PID designated for miJccd use. b. DefiRitions. 1) Master Site Plan. Master Site Plan is the oonceptual plan for the entire Mixed Use Pod ',vith which individual technical site plans and June 7, 2007 131 ZONING buildings as processed by the Technical Review Committee (TRC) are to be consistent. Plan requirements of Master Site Plans are defined herein. 2) Technical Site Plan. Technical Site Plans arc development plans for one or more lots submitted in compliance ','lith Chapter 1, Section 7, V~. through G.) and Section 8. Prior to approval ofthe Master Site Plan, technical site plans may be reviewed by the City Commission, for revie',\' and approval of '.vai'.'er requests for flexibility of development regulations. Such plans shall meet the regulations for technical site plans and shall specifically list in the tabular data those specific elements of the plan requiring waiver approval. b. Establishment of a Mixed-Use Pod To ensure attainment of these designs obiectives, as well as to accommodate adequate buffering to ensure compatibility among varying uses, a PID district eligible for a Mixed-Use Pod must contain a minimum of 500 consolidated acres. The establishment of a Mixed-Use Pod shall also conform to the requirements of this section. and be in accordance with the process requirements of Master Site Plan within a Mixed-Use Pod (Chapter 2. Article II. Section 4. c. Densitv. The PID district corresponds with the Industrial (I) and Development of Regional Impact (DRI) Future Land Use classifications. However, residential uses are only allowed within a Mixed-Use Pod ofa PID that has aDRI Future Land Use classification. Maximum residential densities shall be in accordance with the thresholds established for the respective DR!. d. Use(s) Allowed. A Mixed-Use Pod within the PID district shall contain the following mix of uses within one (1) or more Mixed-Use Pods within the PID district: ill Townhouse and / or multi-family residential; June 7. 2007 132 ZONING ill Commercial/retail; and ill Business and professional offices. Townhouse and multi-family residential. if located on parcels fronting: on an arterial roadway, shall be integrated into a mixed- use proiect (vertical or horizontal). including one (1) or more of the uses listed below. The intent of this provision is to further the intent and purpose of both the pm district and Mixed-Use Pod regulations bvrequiring developments along the streetscape that benefit motorists and pedestrians alike, through proper orientation. visual attributes, desirable commercial. retail. and office uses and services. c. Permitted uses. Allowed uses within the Mixed-Use Pod shall be limited to those conditional and permitted uses in the C-l and C-2 zoning districts and the permitted uses in the C-3 zoning district as indicated by the Use Matrix (see Chapter 3, Article N, Section 3). along with the following additional uses and provisions: ill 1) Offices only, for thc sale of ne':/ or used vefiieles afld boats; ill :\uto / Car 'J/ash 2) "^~utomobile 'Nash establishments if accessory to a principal priRciple usc; ill 3) Retail sales ofhardwarc and building materials as described in the Land De':elopment Regulations, Chapter 2, SectioR 6.C.1. "i" and "a-a" and Section 6.D.1."f' (eJCcluding item. 11) and including upholsteI)' supplies, and 6.D.1. "h" (not limited to thc 2,000 square foot maJCimum) up to 10,000 square feet; '.vholesa.J.e of these goods or retail sales uses in excess of 1 0,000 square feet, afld '.vholesalc of similar goods regardless of floor area shull require conditional use approval; June 7, 2007 133 ZONING ill 1) Mini/self storage uses Storagc, Self Serve facilities intended to serve a mixed use project excluding all exterior signage except for identification signage not in exccss of 3 square feet; ill 5) Outdoor display of merchandise during business hours only: and 6) ./\.ny use not specifically listed herein that is deemed consistent v:ith these pro,,'isions and revie',vod consistent with the process described below. d. Uses prohibited. Prohibited uses shall bc limited to those uses listed as prohibited in the PID regulations, with the addition of adult entertainment uses; conditional uses as indicated in the C 3 zoning district rcgulations; OO'/6UP, OO':e in, and drive through features except on financial institutions; and outdoor storage excluding outdoor display of goods, except where specifically permitted in the above section. The appro':al of uses in a Mixed Use Pod shall be processed in conjunction \vith the revio':/ of each technical site plan except conditional uses shall require Commission appro'/al. e. Buildin2 / Site Re2ulations. ill e. 1) Mmeimum building height. The maximum building height within a Mixed-Use Pod shall not be greater than seventy-five (75) feet. Any building exceeding forty-five (45) feet in height shall be processed as a conditional use. ill 11 Building height measurement. Building height shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any architectural details, stairwells, elevator shafts, etc. June 7, 2007 134 ZONING ill -31 Height setback envelope. Minimum building setbacks shall be based on building heights for buildings greater than forty-five (45) feet in height. The height setback envelope is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PIn. This minimum setback shall be three (3) times the building height for any multi-family or nonresidential structure. The setback shall be measured from the common boundary of the PID and the existing single-family residential zoning district of the midpoint of any intervening right-of-way. t Parkin2. Article V. As provided in Chapter 4, &. Modifications. ill Any modification proposed to a Master Site Plan for a Mixed-Use Pod within a Pill shall be in conformance Chapter 2, Article II, Section 4.G. ill Any modification proposed to a Technical Site Plan within a Master Site Plan of a Mixed-Use Pod within a Pill shall be in conformance with Chapter 2, Article II, Section 4.H. h. Miscellaneous. Anyrequesttowaivea standard zoning regulation within the Mixed-Use Pod shall be in accordance with Chapter 2, Article II, Section 13.B. June 7, 2007 135 ZONING 'Section 5. SMU MIXED-USE SUBURBAN DISTRICT -H-: SMU SUBURR^~N :MIXED USE ZONING DISTRICT. 1. Intent and purpose. The suburban mixed use zoning district, ':.'hich shall only be applioable to lands located west of! 95, allo'\ys for diversity ofland uses and accommodates and encourages a mixture of rcsidential, office, retail, recreational, and other miscellaneous uses, which may be arranged either '/ertioally or horizontally on assembled parcels along major arterials outside of the downtov/n redevelopment district. /Jl developmcnt and redevelopment shall bc guidcd by an approved plan through the use of the SMU master plan, planned unit development, conditional use, or other site plan revie'll processes. 2. SMD Suburban Mixed Use Zoning District. a.. In order to complcm.ent the rede'lelopment and envisioned growth ofthe suburban area, the SI\ill zoning district shall only be applied to lands west of I 95 classified as De':elopment of Regional Impact (DR!) or other land use classifications subsequently established on the Future Land Usc Map. b. The S}.ill district is appropriate for low to mid risc developments that pro':ide for medium density residential uses. The district allows a maximum height of fifty five (55) feet and a residential dcnsity oft'::enty (20) dwelling units per acre for mixed usc projeots. Building hcights betweeR fifty fi'le (55) fect and up to se':enty five (75) feet to the peale of the strueture or any architectural details may be allowed only for interior buildings (those buildings separated from property line by another project building or use), if appro':ed as a conditional use. The review of SMU applioations ':"ill emphasize aesthetics and design quality, and physical oompatibility with adjaoent land uses. .^Jl nev,' suburban mixed use developments v:ithin this district shall front on a major arterial and contain a mixture of retail, commercial, office and residential c.se~. A. Intent. In order to complement the redevelopment and envisioned growth of the suburban area. the Suburban Mixed Use (SMU) zoning district requires a diversitv of land uses, accommodating a mixture of residential. office. retail. recreational. and other miscellaneous uses. This mix of uses may be arran!!ed either vertically or horizontally within low-to-mid-rise developments. The review of SMU applications will emphasize aesthetics and design quality. and phvsical compatibility with adjacent land uses. The objectives of the SMU district is as follows: June 7, 2007 136 ZONING 1: Support and enhance redevelopment efforts in suburban downtown redevelopment area; development and areas outside of the 2. Create major new mixed-use areas in planned locations with appropriate densities. heights, and mixture of uses; 3, Create attractive pedestrian environments through appropriate separation from and design of vehicular circulation areas; 4. Provide public plazas and ~athering places that are both well-designed and integrated into the overall design of the development 5. Allow flexibility in architectural design and building bulk, while maximizing compatibility and harmony with adjoining development; 6. Create higher quality environments for residents, businesses, employees, and visitors: and 7. Encourage innovative design that achieves vertical and horizontal integration of uses. B. Densitv. The SMU districts allows for a maximum density of 20 dwelling units per acre, corresponding with the Development of Regional Impact (DR!), Mixed Use Suburban (MXS), or any other Future Land Use classification subsequently established on the Future Land Use Map of the Comprehensive Plan. C. LocationaI Standards. The SMU district shall only be applicable to lands located west ofI-95 on assembled parcels along major arterials outside of the downtown redevelopment district. D. Application to Rezone, The procedures and requirements to rezone a parcel to SMU shall be in accordance with Chapter 2, Article II. Section 2. 11. Master plans for phased projects. The procedures for zoning of land to SMU district shall be the same as for planned zoning districts. To promote and encourage development in this form where uses may be integrated horizontally and vertically within structures as coordinated units, a SMU masterplan, including multi- June 7, 2007 137 ZONING year phases, shall be submitted and reviewed for approval at the time of rezoning to SMU. When the SMU is to be developed in a single phase. the Site Plan for the development may also represent the Master Plan. E. Use(s) Allowed (See "Use Matrix" - Chapter 3, Article N, Section 3). 3. Pennitted uses. The following table identifies the permitted, restricted and prohibited uses within the Suburban Mixed Use Zoning District. Uses are classified as Permitted "P", Conditional "C", or ~10t Permitted "N". Uses permitted with restrictions are f{)llov:ed by a numeral that corresponds to a footnote belo';,' the table. Each footnote explains restrictions associated '.Yith the use. The Planning and Zoning Director or designee shall have the disci'etion to approve uses that are not specifically listed but are similar to uses that arc eKpressly permitted. Tl\.BLE aH 1 SCHEDULE OF PEmHTTED PRINCIPAL~ :\CCESSORY }-,,-,~D CONDITION.A1L YSES USE GROUP 'USE I - RasiScl'l8s1 ar Ladg,il1g; Use c.'auf' B ea 1lft6 Breakfast HeteI Heme Oeell)'latioB Mabile Heme Mete! Residefltial. Single Family &etaehed Residential, Single Pamil) ,^.ttaelled Resideatial, MlIlti Pamil) T eHl.)'loflH')' Sales Offiee Tem)'loflH')' Moad ResiaeBees Li'ie'Werk UBits Bellrain!; llBa Reaming House (eJlee)'lt wllere )'lffl\'iaea B) SlaW law1 }\eeessery UBit C8mnumil) Paeilities Us:: Croup CemmlHiieatioB Tower er ,^J1teBRa - Go iemmeflt OffieeiCh'ie Ceater'Lillmry June 7, 2007 138 ZONING G - ReereatisB (mH6eer) p MtiseI!m p' HSlIse efWBfSltip p Psliee sr Fire Reselle StfHiea p' Peatal Ceater (retail sales ealy) p Pest Offiee p Pablie ParI, p Pablie Parlffilg Let ar GllllIge Office Use Gr8"ifJ p-" BllIlIffi, FilulBeiallastitutieas p' MeElieal eF Deetal CliBie p' MeElieal eF Deetal Offiee p' PBysieal Th6Flljlj' Offiee p' PFefessisBal BlIsiaess Offiee p> Real BDtlIte Offiee 12' VeteFiBary OBiee ar CliBis Safes tinti C ene. a,' C-6T11111crcial Use Grettp p' Adeshelie Bev6Rlge Paelalge Stsre N AmmlmitiSB SF Fireana Sale or ReataI 12' ,'\aimal BearElmg er KE!ftllel (massr - eBlyj 12' }\d1imal CWeeming p' '\aimal Sales/Pet SheJ3s . ')j'- N:- .... "l eteritiar)' fael ties .'\atiE!lIe Mall/Flea Market p' A:1S, Crafts, Heee)' 1IB6 ffilmmg N .^.t>etiea Hellse p' fdltsmsti.. e Parts Sales .....i81lt Seffiee N AlItemseile Sales with DiSj3lay p' BaI,Sf)', Retail p' Bie) ele Shop N Bsat!J\~ariBe Sales/Rental p' Beat/MariBe :\seessenes p> BeslEStere N BlIilamg SlIjlJ3lies er Materials N BIIS T _mal J2' Cam6RIlIBa ".lIwe Videe &juil"meat June 7, 2007 139 ZONING ~ CeBtFaetor' s Offiee/Eqlii]3ment . SteFage ~ CElffee Seop p' CSB'. eaiease Stere p' CaGtem ftimiGemgG aaa .\Btiqlie Steres p' Cyber eafe p' Delielltessefl l' Dej3artH1eat Stare ~gg,OOO S.f. I~: " -- Dej3artmeBt Stefe >80,000 d. p' Dive Seop &Da iBstruetioB as -' Aoeesssl)' Use pt..: ..! Drug Store or Phaffilaey ~ ! Gasoline Sales \,ith/.",.itllElut V ekiele Servise p' GFoeerj Store, SU]3em1arkot :p' fitBeGs CeBter p' HeRst p' FW1IiRffe StElre p' Haffi>.>,are Stefe :p' - Health Fooa Store - IIome lmj3Fe, emeat CeaterG I" , HouGooola f<flplillllees ana Parts p' Je>....eH)' or Cosmeties Store p' LiBea lHIa Houseilsla Gooes p' Ltiggage. Plffiles llIIa Persena] Gear 1>; Ltim eer Yard MemeerGhip Club p' MaGie Store pc Nell ClotBmg. SlIoes or - AeeesseH0s p' N e NGstana P" - Offiee Slipplies 1>; Oataoor StElfllge or Display ~ - Parking Lot fur Commercial :v:eIHeIes " Parlcing Let Elr Gamge. Pri',ate Ownership p' PersoBal 'Naterel'llft Sales. Rental, Sen iee, Parts or Repair f\" PhstOgFllpBie SauliB llIIa PeotsgFllpBie S1iJ3fllies I RestllW'aat, w/Drive Thru I June 7, 2007 140 ZONING p ResUt_lIt, Eit DOWB p' S . It> Foaes me CaBfeetia8s p' peelll J SpartiBg Gases p' Tele':isi8R, Ra6ia, 'liee€) lIBd Sterea BEjlliflmeat p' T aaaeee Aseessories p' +ey-stere N Vehiele er Marine CllstemiLiB:;, , DetaiIiBg, S er\'iee, PIH'l5 ar Repall' p' ViBee Reatal N \l. 'Belesale/'N lIFeBellseA:listHBlitieB ger,ice Use C7'8up p' BIIFBef5B13Jl,(Re&llty Saleaq)a)' Spa p' DllBea'MllFtia1 Afl5 Stu6ie P' Dressmal.eF er T Ilil& pM DryelellBer p' PiIBess CIHb N YlHleral IIeHle N Hespital N Leaar Peel Es1fiBlisiHneffi5 p' LawtEiremat G Meeieal OiHJ!atieat faeilit}' p NlH'S~ , PFsseB13eJ ar Child ~ N NllFSiBg er CeB':llleseeat Heme p' PBeleee!")' Ceater G Self stemge Sf MiBi WIlFelt811se p' Shee Repair N Tattee Pllflsr/BeElj' PiereiBg N Sell!" KiteBeIl5/StHJstllBee !.Imsa Ceaters 'SBelters/Half Way Hellses El'lte, tail'/lftel'l: Use C: 8UP N !,eItdt BBtertaiBmeat p' BIIF, CeelElail LeHBge p Billiard CkHl.lBa'::liBg Alley'Jnd ear RellFeaaeB Faeility N BiBge Hall N fert1Hle Teller p' Mevie Theater G Night CIHll P PeRaFlBiBg .~..""15 Theater June 7, 2007 141 ZONING Private elHbs, Lodges afld Fraternal i=' Orgllll~Oils . Aeeessery Use Drive Thru Faeility (ether than ,--.'- aCeeSSElf)' ase te fmllHeial mstiMiefls, llllarmaeies and r6stall.f'llffis ) i June 7, 2007 Restriction Notes: -l- Use shall be subject to the f{)llowing distance separation requirements from similar uses, measured in a straignt line, using the shortest distance between property lines: For uses '::ith less than 5,000 square feet of gross floor area, 750 feet. For uses with a gross floor area equal to or greater than 5,000 gross square feet, 1,500 feet. ~ Must be iRtegrated into a commercial or mixed use development and any single business, not to exceed 30 percent ofthe gross floor area of the mixed use development. ,; Gross floor area of grocery store must be a minimum of20,000 square feet and a maximum of 80,000 square feet. 4 On site drop off and pick up only. ~ Drive thru facility, including stacking lanes, must be screened from public right of way and requires conditional use approval. 6 ffidoor storage/display shall Rot exceed 20,000 square feet. :; Maximum footprint is 120,000 s.f. Elevations to be enhanced v,rith appFopriate design elements to break up large wall expanses (i.e. articulation, '.vindov/s, columns, varied rooflines, etc.). 8 Subject to compliancc with supplemental regulations in Section ~ 9 Stealth facilities only, integrated into the architecture and/or structural composition of the project; and subject to compliance \vith development standards and regulations (setbacks, height buffering, etc.) of Chapter 10. F. Additional Use Re2ulations. 1. Mixed Uses. Buildings containing residential and non-residential uses are required within the SMU zoning district and shall be subiect to the development standards indicated in Section 5.G. Building / Site Regulations. With the exception of designated live / work units, no residential uses are allowed on the ground floor of mixed-use buildings fronting on arterial streets. The ground floor of mixed-use buildings shall be reserved for non-residential uses. ~ Mixed Uses. A. Buildings containing residential and nOillesidential uses are encom-aged ',';ithin the SMU zoning district and subj ect to the same development standards as 142 ZONING "all other uses". Residential uses within mixed usc structures, vlith the exception of designated live/v:orlc 1lllits, are eflcouraged not to be located on the ground floor, '.vhich shall be reserved for nonrcsidential uses. 3. Live-Work Units. The city contains special regulations regarding: required parking and allowable signage for Live I Work units (see Chapter 4. Article V, Section 2 and Chapter 4. Article IV, Section 3.D., respectively). c. Li':e/'H ork Units. This subsection pro':ides for the use of residential structures to aeeommodate live/work opportunities. Li'le/work units shall be specifically designated OR the site plan, and oomply vlith the f{)llowing standards and requirerRents. These provisiOflS are not applieable to d'l/ellings or occupations that meet the defiRition of home oecupation in Section 11.D of this chapter. (1) Unit requirements. ea) No more than 30% or four hundred (100) squarc feet, ',vhichever is greater, of thc live/work unit shall be utilized for v/orking space. '.V orkiRg Sflacc shall be looated on the ground level and shall not utilize garage or li'ling spaces. (b) Eaeh live/work unit shall be a separate unit from other uses in the building. The ground floor of allli':e/work units shall meet the Florida Building Code requirerRoots for mixed ocoupancy buildiRgs. Eaeh unit, including the garage, shall be separated by walls from other live/work units or other uses in the building. e c) Buildings designated as li':c / work shaH pro':ide universal accessibility to the front and to the interior space June 7, 2007 143 ZONING . . 1 f the li':e/v/ork unit from the of the nonresldentm area 0 public sidewalk adjacent to the street. ,. th 2Tcater neighborhood, (d) To minimlZ~,~~:,~~~: :~es eshall bc located at the uni~s p:a~~dth~:el~i';~~~ial project or along the ,Project's p~~e er am' ad/or vlhcre possible, adjacent to pnnClpul roa "a), ill perimeter/external rights of ',va)'. N on residential uses that are E"l1 Permitted Uses. . a t L.. J. .." I.., IE units are geRerally limIte 0 pennltted m 11 ',el ,,~r. sCf"I'ice or tutoring services, ./:: . al sef'l'ICe 1:lusmess , , . prolesslOn " . 'ble in li':e/work umts, 1" f common uses permlssl a . .^~ lstlng 0 . 1 license is are locate m . " aB6e sf o ccup atIOna _ . subject to ISSU ~T HO 1 acti"ity shall be perrmtted . Hi bels'" -~O"Of~ , subsectIOn " . . 1.. of emnlovees has the . f' t fl:Sl:ty Sf num1:ler 1"'.1 that by VIrtue 0 m e f traffic parking otential to create impacts by reason 0 , ? hazardous materials, or excess '.vaste. Issues, . . 'ble Uses The following list 15. Live/\V ork Umt PermlssI. , -.!'. 1- d live/work . itted uses wlthm ti6s1gna.e identIfies the penn ., uirements: units, subject to occupatIOnal lIcense req BUSINESS SERVICE '1' r t sffi13iler Addressing servioe/mal I~g IS C 1'\rbitrator, mediator s~:lces I 'Q" janitorial Cleaning services, maId, hous~ ceepmb, Commercial artist/design studIO Commercial photography . Computer programming serVICe Computer sofuvare development Duta prooessmg . g' tail ad"ertisin (f ser\'l ces -lrec, m 'eo . -.!. . Sef'\ 'Ice Editing, proofreaumg, typmg , Paralegal , I' Eoffice only. no storage Party supplIes, rental, leusmg . on site) Pri':ate investigator Reoording service Secretarial service Boat broker (offioc only) PERSOl't^..L SERVICE .'\lteration, dressmaking shop, tailor June 7, 2007 144 ZONING PROFESSION.\L SERVICE Abstract and/or title eompany :\eeol:illtant/income tax services .^~djusters, insurance .^~d,:ertising office ^ . . ~ppraIscr .'\rc-l.:1itect i\ttorney .^~uctionecr (officc only) ./\utflor Broker Business analyst CulculatiRg and statistical service Court reporting/ stefJ.O graphers Credit reporting Engineer's office Importer/eJeporter (office oRly) Insuranee agency/bond office Interior decorating Loan company office 11arketresearch office Model agency Notary public office Public relations offiee Real estate sales/managerRent office Travel agency OTHER USES Tutoring or instruction (acaderRics, music, art) .^..rt studio ',vith ancillary sales (Ord. No. 95 05, S 1,3 21 95; Ord. No. 95 21, S~ 1, 2, 3, 8 15 95; Ord. No. 95 27, ~ 1,7 18 95; Ord. No. 95 ~5, S 1, 12 19 95; Ord. No. 96 51, S 3, 1 21 97; Ord. No. 97 21, SS 1,2,3,7 1 97; Ord. No. 97 29, S 1,6 1797; Ord. No. 98 31, S 2, 8 ~ 98; Ord. No. 99 38, ~ 1, 1 1 00; Ord. No. 00 55, H 3 and 1, 10 17 00; Ord. No. 00 63, SS 2,3,1,12 5 00; Ord. No. 00 16, U 2 and 3, 3 2001; Ord. No. 01 17, S 1, 1 3 01; Ord. No. 01 30, S 2, 7 3 01; Ord. No. 01 15, S 3,8 7 01; Ord. 1'10.01 52, S 2,10 1 01; Ord. No. 02 021, ~ 2, 6 18 02; Ord. No. 03 010, ~ 3, 1 1 03; Ord. No. 03 015, S 2, 5 6 03; Ord. No. 03 016, ~ 3, 5 20 03; Ord. No. 01 011, S 2, 1 7 01; Ord. No. 01 027, ~ 1, 1 20 01; Ord. No. 01 032, S 2, 5 18 01; June 7, 2007 145 ZONING J 01 67 ~ 2, 8 17 01; Ord. No. 01 79, ~ 3, Ord. } 0., '1 3 15 05' Ord, No. 10 19 01; Ord. No. 05 017, S -~ '"J' 8 16 05) 05 028, S 5, 7 5 05; Ord. No. 0) 013, S -, ...l Dmnlovees No more than t'.vo ("1 G 6lil3ancy antl::I:l r.J . \ j c, 1 'ees in addition to the resident(s, (2) on sl.te emp 0\ .' 't may undertake business ef the lIve ,I worc um, 'a f . d 't ^ t least one resl ent 0 an activities from sal um. "~ .. current . d' TO' d' I li'/e/work unit shall mamtmn a . In I. I ~a , :B r a business located III that occupatIOnal lIcense 0 i: i:-C:rla,,;+ . th farm Ot- an attttt , ,t;, . t ^ cknomledgment, me. um . ". YO h n b aae by the umt f the employee limitation s a e:n. f, o . of applIcatIOn er an resident:. a~ 1 :he tlm~he work area shall not be occupatlOna Icense. . . rented separately from the lIvmg space. Pl' The city encourages that one E,p ~arcmg. 't B ) ,. (2) li':e/v/ork um s e parking space per 1\.0 .. a Parking rOTOided to meet business actl','lty nee s. d p :" rl ...l to meet this requirement shall be lo~at~ pro .Ittetl: t:l 8f "'Ithm t1..e lot 1..uilt into or under the struc ure., YO on -t1 , t1 .. h e tee 1il:se three hundred (300) feet of the umt m VI ICd. 'd is located. Parking provided to accommo :tCt~a~n . 1 a' driTOemays of adequate d p HiS, u~mg ,YO , ~::te~fthe unit's garage, shall no~ serv~ as meetmg 'd king for the unit's reSidentIal use. reqUIre par S' One mall plaque shall be permitted (5) Ignage. YO a tm e~ sEluare feet er live/work unit, not to excee .~ 0 - l' 1..1 P . dance With the app lcau e in sign copy area, m accor sign program. , ^ n fespectivc plan Site Plan RcqUlrerRent. "~ . (6) sed li"e/mark umts and I . a f fy aU propo , ,yO pages shal I en I . 11 be tallied in the 'ld' LiTOe/mork umts sha bUI mgs. " YO site plan tabular data. June 7, 2007 146 ZONING G. Buildin2 / Site Re2ulations 1. regulations. MIXED-USE (SMlJ) DISTRICT Buildinf! / Site Ref!Ulations Usable 0 Building and site 1. Buildin2 / Site Re2ulation Table. Tvves of Uses Residential Sin!!le- Family (Attached or Detached 20 Multi-Family Other Uses (includes Mixed-Use) 20 SMU district - ]0 acresl Flexible" 100 75015 N/A 359 556,10 N/A Flexible" Flexible '4 1.200" N/A 359 35 10.000' 100 750" 1.0' 359 556, JO 104,5,6 106 156 20%11,13 ] 5 comer 10 end Flexiblel4 30%11,12 06.14 Flexible6. 14 20%11,13 1. Minimum proiect size. A minimum often (10) acres shall be required for any proiect deyelooed under the proyisions of the SMU re!!ulations, 2. Hotels must be oart of a mixed-use proiect of at least three (3) acres in size, 3. Porches may be placed forward of the build-to line and shall maintain a minimum 2-foot setback from any public sidewalk. Porches shall be placed outside of clear sie:ht triane:le. Minimum setback for a e:ara!!e facin!! or accessin!! the street is 20 feet, Where less than 20 feet. !!arae:e access reouired from side or ~ 4. Proiectine: feature(s) such as awnine:s. balconies. porches and/or stooos may be olaced forward of the build-to line and shall maintain a minimum 2-foot setback from any oublic sidewalk. 5. Front yard build-to line alon!! major arterial roads. a maximum of 90 feet inclusive of a 25-foot landscaoe buffer. 6, The Heie:ht Setback Envelooe in accordance with Chaoter 3. Article m. Section 5.G.3 shall aoolv where adjacent to develooed sin!!le familv residential zonine: districts. 7. One or more projectin!! feature( s) such as awnine:s. balconies colonnades oorches and/or stooPS reouired forward of the build-to line and shall maintain a minimum 5-foot clearance from anv vehicle use area. Elements orojectin!! over a oedestrian walkway shall allow a minimum I)-foot vertical clearance and 5- foot horizontal oedestrian clearance. 8, Excludine: residential uses and oarkin!! structures. 9. Aoolies to anv facade with arterial roadwav fronta!!e. Multiole-storv buildine:s are encourae:ed alone: arterial roadways. The intent of this provision is to create the aooearance. or simulate the intensity of. a minimum two (2)-storv buildin!!. Conditional use aooroval reouired ifless than the 35 foot minimum, lO. Buildine: heie:hts between 55 feet and 75 feet to the oeak of the structure or anv architectural details may be allowed onlv for interior buildin!!s (those buildine:s separated from the proPertv line bv another project buildin!! or use). if aooroved as a conditional use, The buildin!! / structure heie:ht measurement shall be conducted in accordance with Chaoter 3. Article m. Section 5.G.2. Exceptions to the maximum heie:ht shall not be allowed. I I. Usable ooen soace shall provide active or oassive recreational soace and shall not be occuoied bv water bodies. streets. drives. parkin!! areas. or structures other than recreational structures. 12. At least 50% of the reouired usable ooen space for sine:le-familv residential uses shall be contained in one or more common pooled areas and a rectane:le inscribed within each common pooled area shall have no dimension less than 75 feet, 13. Up to 50% of the usable ooen soace reouired for "Multi-familv" and "Other Uses" mav be hardscaoed olazas and oublic e:atherin!! places. 14. To be determined on a case bv case basis. dependine: on the overall proiect desi!!l1. 15. Accessorv aoartments must be at least 750 sauare feet in area (air-conditioned soace), June 7, 2007 2, Buildin2 Hei2ht Measurement fr:- Building height measurement. Building height shall bc measured from the 10'/lest point at the common property line or from the minimum base flood elc':ation as established by FE~L^.., y,rhiche':er is highest, to peale of the structure, including any architectura-l details, rooftop equipment, stairwells, elevator 147 ZONING shafts, etc. Building heights shall be measured to the peak of structures, in order to more accuratelv predict and regulate the overall heights of buildings proposed within the SMU district to ensure compatibility with the adjacent, potentially less intense and dense suburban areas. 3. Hei2ht Setback Envelope b. Height setback envelope: Minimum building setbacks shall be based on building heights. The height setback envelope is applicable where the SMU development is adjacent to a developed single family residential zoning district. This minimum setback shall be three times the building height for any multi-family or nonresidential structure. The setback shall be measured from the common boundary of the SMU and the single family residential zoning district or the midpoint of any intervening right-of-way. Maximum height up to 75' with conditional use approval (need intervening building if abutting single-family residential) Intervening buildings Adjacent use: Single-family i residential .. - Front setback: Property line - Min. 25', Max. 90' :-"'__U_ -------- 165' -------JOj .. . - Multi-familY/mixed-use - structure to be set back 3 times building height MINIMUM P"^~RCEL SIZE SMU ZONE Residential or Lodging Use Group - Here! 3 acres ~ June 7. 2007 148 June 7, 2007 ZONING 1+ Or part of a mixed use project at least 3 acres in size Residential, Single Family Detached 5, 000 sq. ft. - :g to h a mf ^ ecessory Unit 7,500 sq. ft. . . 1 S' 1 Family e ac e mH ReS!denba, mg e . d f 1 Single Family Attached 2,500 sq. ft. ReS! en ia , 15,000 sq. ft. Residential, Multi Family - CGmmunity Fa.cility Usc Group no minimum Public Park 10,000 sq, ft. .^.Jl Other Uses MAXIMUM DENSITY/INTENSITY SMU ZONE . F ^ R (excluding parking structures) ~ Mmnmum .. ~. ~. 20 du/ac Maximum Density MINIMUM US.^..BLE OPEN SPACE+ SMU ZONE ~ 4{J.% Residential, Single Family Detached ~ W% Residential, Single Family i\.ttached ~ J All Other Uses viae aetive or passi'/e recreatio.Ral space } Usable oIleB space shall j'lf8 .J' .~ e's dn'ies parkIng areas, . .J t.."....a.er bOttles sIre , , , .J 1.. 11 otbe OCCl;lflleu UJ n . , anti sl1a n . I tnl:etHres strucrnres other than reoreatJORa s . or '1 . 131 en sj'lGce for single farm y ;! A llleGst 50~( of the reql:JJred .usa e op e common pooled areas . . II 13 tatSea In one or mor ~ residential l;lses sha e co~. h men pooled area shall aa'/e no I. 'bea "'ltluB eae- eom. aHd a rectang e IBscn n dimeFlsioB less than 75 feet. Hired f-or .Adl Other Uses may ,; U to 50% of the usable open space ~eq b, OO;d>o""," .'''''" an" ...bli, ga<io"'", ..""::u ZONE MINIMUM LIVING :\REA . 149 June 7. 2007 ZONING Single Family Detached 1,200 sq, ft. /Jl Other Residential 750 sq. ft. Accessory.Apartment 750 sq. ft. MINIMUM LOT FRONT/\~GE SMlJ ZONE Residential or Lodging Use Groblp - Residential, Single Family Detachod W4 Residential, Single Family >\ttached (Duplex) ~ Residential, Single Family >\ttached (Townhome) ~ Residential, Multiple Family 1 00 ft. All Other Uses 1 00 ft. M/,XIMUM HEIGHT SMlJ ZONE Residential or Lodging L~..e GreuJ3 - Residential, Single Family Detached ~ Residential, Single Family 1\ttached (Duplex) B4 Residential, Single Family >\ttached (Tov.'nhomes) #4.J. Residential, Multi Family ~~ All Other Uses ~ +.-~ Minimum Height ~J~4 + Where adjaoent 10 de'/eloped single family residential zoning districts, height setback envelope shall apply. ~ MaximclIB of 75 feet with cOFlditiona] use appro':al. Excoptions to the maximl:H'Fl height shall not be allo'Ned, Setback from property boundary is tlH-ee times the buildiFlg height. If property abuts single family residential or arterial road'Nay, building shall be separated from 150 June 7, 2007 ZONING property liBe by illlother projeet lmilding equal to or less than 55 feet iB ~ ~ . "A.~plies to any fa9ade with arterial roadway fmntage. Multiple stol)' buIldmgs are eneol:lfage along arterial roadways. The intent of this provision is to ereate the appearanee, or simulate the intensit', of a . . J , mHllmmn two (2) stOl)' bl:lilding. 4 COBditional use appm'/al reql:lired if less thafl the 35ft minimum I FRONTYAP~SETBACK SMU ZONE Rcsidcntitll or Lodging Use Gro'hlp - Residential, Single Family Detaehed build to line ..f.G..-th .}- Residential, Single Family ./\ttached build to line ..f.G..-th .}- Residential, Multi Family build to line ..f.G..-th ~ .^....ll Other Uses including mixed use with a residential ..f.G..-th ~ component build to line + Porehes may be plaeed foro/ard of the lmild to IiBe and shall maintain a minilffilm. 2 foot setboele from any publie sidewalk. Porehes shall be plaeed outside of dear sight triangle. Minimum setbaek fur a garage faoing or oeeessing the street is 20 feet. '."here less fuaa 20 feet garage aeoess reql:lired fr{Jm side or rear. ' ~ P' . .c rO]eotll'lg H:!atlire(s) Sl:leR as awnings, baleonies, porches aRd/or stoops may be plaeed forward of the bl:lild to line and shall maintain a . . ') .c mlmmum _ loot setback from any pablic side.....alle. ; G ' . .c FIe or more pro]eotmg teatl:lre(s) such as awniFlgs, baleonies, eolonnades, porefies and/or stoops reqllired fOf\vard of the build to line and shall maintaiFl a miniml:lm 5 foot clearanee from any vehiole use ai'~a: Elements pmjeeting over a pedestrian "vallcway shall a1l0"v a mmlmum 9 foot 'lertieal elearance afld 5 foot horizontal pedestrian clearance. 4 FroH:t yard bl:lild to line along major arterial roads a maximl:lffi of90 .c ' I . ' teet mc I:lSlve of a 25 f{Jot lafldscape buffer. ~ nTh ..I' " . ." ere ,aLl]OeeH:t to de'/eloped smgle fam.lly residential zoning dlStncts. HeIght setbaok envelope shall apply. SIDE YARD SMU ZONE Rcsidentitll or LfJdgil'lg Use Gro'hlp 151 June 7, 2007 ZONING Residential, Single Family Detached, Interior 7~.-: ft. or 0/10 ft. Residential, Single Family Detached, Comer -H---th Residential, Single Family Detachcd, End -l-G--ft-:- Residential, Single Family /~ttachod (Duplm;:.), Comer -H---th Residential, Single Family /~ttached (To','.'nhomes), -l-G--ft-:- BRd Residential, Single Family .^~ttached (Tov:nhomes), -H---th Comer Residential, Multi Family -l-G--ft-:- + .^Jl Other Uses {Hh+ RE:\R YARD SMLJ ZONE Residential, Single Family Detached B--ft-: Residential, Single Family Attached B-ft:- Residential, Multi Family -H---th + fJI Other Uses {Hh+ + 'NRere adjac€JRt to developed single family residential zoning distriets. Height setbaok envelope shall apply. H. Parkin2 As provided in Chapter 4. Article V. +- Parking requirements. Parking requirements for the SMU zoning district shall be set forth by Chapter 2, Section 11 H, of the Bo)nton Beach Land Development Code.. 1. Freestandin2 Parkin2 Gara2es. Chapter 4, Article V, Section 3.C.1. As provided in 2. Buildin2 Inte2rated Gara2es. Chapter 4. Article V. Section 3.C.2. As provided in 152 ZONING I. Modifications Any modification proposed within the SMU district shall be in conformance Master Plan modifications pursuant to Chapter 2, Article II. Section 3.I.3.a.(ii). J. Miscellaneous 9. Signage. Chapter 21, Signs, shall gO':6fll signage along the major arterials, eKcept as otherwise appro':ed within a mastcr signagc program for the S:MUdevelopmcnt project. 14. Once a master plan has been appro':ed in a S.MU district, the designated pareels may be platted as a boundary plat for the purpose of a sale to (l third party pUf'chaser. Eaeh parcel that is platted will be subjeet to teohnieal site plan appro':al as provided in the City's Code. This boundary plat may be proeessed simultaneously v:ith the SMU master plan or a SMU master plan modification. !: Common Areas. Prior to approval of the final plat by the City Commission, the developer shall file association documents or alternative agreements that assign responsibility for and ensure the perpetual operation and maintenance of all common facilities of the development. The common facilities addressed within this agreement shall included but not be limited to the following: private streets, drive aisles, parking areas, plazas, open space, landscaping, and recreation facilities. All documents are subiect to the review of the City Attorney. E. Common areas. Once a master plan and boundary plat approval has been obtained the applicant shall proceed in accordanee with the requirerRents ofthe subdivision regulations, determined to bc applicable. In addition to the plat certificates specified in the city subdivision regulations and prior to recording a final plat, the developcr shall file, a lcgally constituted maintenance association agreerRent for improving, perpetually operating, and maintaining the common facilities; including streets, drives, parking areas, plazas and open space and recreation facilities; or he shall file such documents as are necessary to show how the said common areas are to be improved, operated or maintained. Such documents shall be subject to the reasonable appro','al of the City "\ttorney. b. Landscapin2. June 7, 2007 153 ZONING ill Trees. See Chapter 4, Article II. Section 2.A.5.a. ill Irrigation. Section 2.A.5.a. See Chapter 4. Article II, ill Flowers. Section 2.A.5.a. See Chapter 4. Article II. W Perimeter Buffer. II, Section 2.A.3.f See Chapter 4. Article c. Dumpster Location. See Chapter 4, Article VI. Section 5.A. d. Sidewalks. See Chapter 4, VIII. Section 3.C.2. June 7, 2007 154 ZONING Section 6. Mixed-Use (Urban) Districts. F. MIXED USE ZONING DISTRICTS. A. Intent. The Mixed-Use (urban) zoning districts are intended to implement the Community Redevelopment Plans, in part, by providing for a mixture of land uses. accommodating varying densities and intensities appropriate for each planning area. and by establishing quality streetscapes and pedestrian environments. To ensure compliance with these regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a Mixed-Use (urban) district. 1. Intent and purpose. Thc mixed use zoning districts allow for a diversity of land uses, and aeeommodate and enoourage a mixturc of residential, offiee, retail, recreational, and other miscellaneous uses on assembled parcels within the Community Rede':elopment -<,\rea. All developmoot and redc':elopment shall require a site plan approval to be processed conourrently v/ith the application for rezoning. The objectives of the Mixed-Use (urban) mixed usc zoning districts are as follows: 1. a. Support and enhance revitalization efforts in the city's traditional commercial core area; 2. b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; 3. c. Create optimal pedestrian environments through appropriate separation from, and design ofvehicular circulation areas; 4. d. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the development area; 5. e. Create surrounding areas that complement rather than compete with the downtown; 6. f. Create higher quality environments for residents, businesses, employees, and visitors. B. Establishment of Zonin2 Districts. 3. established. S ubdistri cts June 7, 2007 155 ZONING 1. MU-L MIXED USE-LOW INTENSITY DISTRICTS. b. MTJ Ll (Mixed Use LOVl Intensity) Zoning Districts, Mixed Use-Low Intensity 1 (MU-Ll), Mixed Use-Low Intensity 2 (MU-L2), and Mixed Use-Low Intensity 3 (MU-L3). a. fB In order to complement the revitalization efforts in the city's commercial core, the MU-L Zoning Districts shall only be applied to lands peripheral to the downtown area and classified as Mixed Use (MX) on the Future Land Use Map. b. ~ The MU-L District~ is are appropriate for low- to mid-rise developments that provide for medium density residential uses. (3) The districts allows a maximum height of seventy five (75) feet and a residential density of forty (40) dwelling units per acre for mixed use proj ects. (1) Building heights betv/een seventy five (75) feet and one hURdred (100) feet may be permitted, if Tavie'Ned as a conditional UGC. oS ~ The review ofthese applications will emphasize aesthetics and design quality, and physical compatibility with adjacent land uses. d. f6j All new devrelopments v'vithin this district that contain a mix of uses shall front on streets designated as "arterial", "collector", or "local collector" roadways" on the Functional Classification of Roadways Map and shall contain a mixture of retail commercial, office and/or residential uses, which may be arranged either vertically or horizontally. !;,. M Height restrictions and densities may be further limited in certain geographic areas to further applicable redevelopment plans and maintains compatibility with an abutting single- family district. June 7, 2007 156 ZONING 2. MU-H MIXED USE-HIGH INTENSITY DISTRICT. a.MU H(MiJwd Usc High Intensity) Zoning District. a. (1) Upon adoption of the The Mixed-Use Core (MX C) land use elassification, this High Intensity (MU-H) zoning district shall only be applied to lands classified as Mixed Use-Core (MX- C) on the Future Land Use Map. !!. ~ The MU-H district is appropriate for developments that provide for high density residential in addition to retail commercial and office uses. oS (3) The district allows a mm~imum height of one hundred fifty (150) feet and a residential density of eighty (80) dV/elling units per acre, provided that all All new developments within this district shall that front on streets designated as "arterial" or "collector" roadways on the Functional Classification of Roadways Map and shall contain a mixture of retail, office and / or residential uses arranged either vertically or horizontally. Single-use proiects fronting on streets other than "arterial" or "collector" shall require conditional use approval. C. Density A lesser density may be imposed on all the mixed use (urban) districts, pursuant to the "Locational Requirements for Maximum Height. Density, and Floor Area Ratio" table in Chapter 3. Article III. Section 6.H.l - (Building / Site Regulations) . 1: Mixed Use-Low Intensity 1 (MU-L). The MU-Ll district allows for a maximum density of 20 dwelling units per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 2. Mixed Use-Low Intensity 2 (MU-L2). The MU-L2 district allows for a maximum density of 40 dwelling units per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 3. Mixed Use-Low Intensity 3 (MU-L3). The MU-L3 district allows for a maximum density of 40 dwelling units June 7,2007 157 ZONING per acre, corresponding with the Mixed Use (MX) Future Land Use classification. 4. Mixed Use-Hi2h Intensity eMU-H). The MU-H istrict allows for a maximum density of 80 dwellin!1. units per acre, corresponding with the Mixed Use-Core (MX-C) Future Land Use classification. D. LocatioDal Standards. 2. Zoning districts. The mixed use (urban) zoning districts shall be applied to selected geographic areas, east of 1-95, identified on the city's Future Land Use Map, where a mixture of uses and building densities is intended to carry out elements of the city's redevelopment plans, including goals in employment, population, transportation, housing, public facilities, and environmental quality. Regulations for the planning areas are implemented through twe four (4) zoning districts: Mixed Use-Low Intensity 1 (MU-Ll), Mixed Use-Low Intensity 2 (MU- L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H) Mixed Use High Intensity (MU H), Mixed Use Low Intensity 1 (MU Ll), Mixed Use Lo'.v Intensity 2 (MU L2), and Mixed Use Lov.' Intensity 3 (MU L3). Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and its relationship to the downtown. Heights, densities, and intensities of development are regulated according to the classification of the roadway along the frontage of the property and proximity to existing single-family zoning districts. The A Mixed Use Low zoning district~ may be located only on lands designated Mixed Use (MX) on the City of Boynton Beach Future Land Use Map. The 1'.1ixed Use High zoning district may be located only on lands designated Mixed Use-Core (MX-C) on the City of Boynton Beach Future Land Use Map. E. Application to Rezone. The procedures and requirements to rezone a parcel to any of the Mixed Use zoning districts shall be in accordance with Chapter 2, Article II. Section 2. 1. Sin2le-familv zonin2 districts. 6. Rczoningof single family residential zoning districts to mixed use zoning districts. All requests to rezone for rezoning from any single-family residential district to a mixed use zoning district shall be subject to the following additional requirem ents: June 7, 2007 158 ZONING a. Height, density and intensity of development based on the roadway frontage; b. Ratio oflot frontage to depth that is no more than one (1) foot (frontage) to 1.25 foot (depth); C. Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and d. Landscape barriers provided, in accordance with the landscape regulations of this code, where the rezoned property abuts single-family residential zomng. F, Use(s) Allowed Article IV, Section 3). (See "Use Matrix" - Chapter 3, G. Additional Use Re2ulations 7. Mixed uses. 1: a. Buildings combining both oontammg residential and nonresidential uses are required within the MU-H Zoning District on feF all properties fronting on arterial roadways. The same shall be permitted and encouraged within the Mixed Use-Low districts. permitted and encolli'a-ged within the MU L ZoniRg Distriet. Mixed use struetures are subj ect to the same de','elopment standards as "all other uses." 2. :e. Residential uses within mixed-use structures shall not be located on the ground floor, which shall be reserved for nonresidential uses. 3. Mixed-use proiects containing residential components shall include appropriate design, materials, and site layout in order to maximize compatibility with residential uses located on upper floors. c. Nonresidential uses 'v'/ithin mixed residential/nonresidential struetui"es shall be evaluated for their eompatibility ':lith residential uses located on upper floors, and shall demonstrate oompatibility based upon use type, eonstruction materials, floor plan and site layout, and other factors as determined appropriate gi':en the type of use. 1. Uses. June 7, 2007 159 ZONING a. The follov:ing table identifies thc pennitted, rcstrictcd and prohibited uscs within the mixed use zoning districts. b. Uses are classified as Permitted "P," Conditional "C:' or Not Permitted "N." c. Uses permitted with restrictions arc followed by a numeral that corresponds to a footnote below the table. Each footnote explains restrictions associated '.vith the use. d. Thc Planning and Zoning Dircctor or dcsignee shall have the diseretion to appro','e uses that are not specifically listed but are similar to uses that arc expressly permitted; provided, ho\vcver, such uses are not expressly identified as conditionally permitted or not permitted in any zoning district '.vi thin the city. WNE USE CROUP/USE MULl MULl MVU M{;..B Residentitil er Ledril'lfi: Use Gr81>lFJ Bed IH'ld Breakfast G G N N Boatique Hotel N N G G& Hetel ~ ~ ~ E Home Oeewation P- P- P- P- Mobile Home N N N N Mete! ~ ~ b' N Residential. Sinde Family. Detached N N N N ResideiBtial. SiFlgle Family. /.ttaohed P- P- P- P- Resicleetial. Mlilti Family P- P- p- p-; /-G; Board aHd Roominc: HO\:lse (e)[eept as 13rovided b'i state law) ~ ~ ~ ~ Aoeessory Unit N N N N Live/work Unit p-+4 p-+4 p-+4 p-+4 C8I'nmlil'litr Paeilities Use G/'-8I>l13 Collec:e. University. Seminaf\' IH'ld aceessory Hses p- P- p- N Government Office/Civic Center/Libraf\' P- P- p- P- Reoreation. (oHtdoor) p- P- P- N June 7, 2007 160 ZONING WNE USE CROUPIUSE MULl MULl MUL3 MlJ-B :Museum and aeeessorv uses p p p p House ofWorshio p; p; p; pM Police ar Fire Reso1:1e Station p p p P Postal CeRter (retail sales only) p6 p6 p6 p~ Post Offiee N N G G Pl:lblic Park p p p p Pl:lbliely o.,vRed ParkiBl:: Lot ar Garae:e (nriRetoall:lse) p P pi! pi! Office Use G,'fJ"f'J * *Not eReOl:lflu:ed as a first floor use ill. the MlJ H Zone Banks. FiRaneial IRStitutiofls p9 p9 p6;9 p6;9 Medioal or Defltal Offiee or CliRic p p p p6 Phvsieal TheFai3Y CliRie p p p p6 ProfessioRal Bl:lsiRess Offiee p p p P 'l eterina-ry Offioe or Clinie p p p p6 Sales and Gencro! Cem1'lzer-eia! Use GI'fJblfY * * '.'\There tleImitted '.vithiR the MlJ L Zone. only OR lots froRtine: OR maioI' arterial or eonneeter road'.vays l.1ooholic Beyerae:e Paolcaee Store p6 p6 p6 p6 .^.mm1:lflitioFl or Firearm Sale or Rental (principal 1:1se) N N N N l.Rimal BoardiflE: or Kennel (eriRoipal laooessory I:lse) G4 G4 N N l.Rimal Grooming p p p p6 Pet Sales p p p6 p6 AntiC/ue Store/Fine .^.rts :\Rtique l.l:letion p p p6 p6 :\rts. Crafts. Hobby and Fmming p p p6 p6 AuotioR HOl:lSe N N N N .^.utomotive Fl:lel Sales v;ifr)without Vehicle Service N N Ga,!{l Ga,!{l .^.utomotive Parts Sales p6;+ p-l-;ii p-l-;ii p-l-;ii l.l.l:ltemotive Reoairs(MiRor) N G-!,M G-!,M N Automotive Sales with Disolay N N pH pH Bakerv. Retail/Soeeialtv Foods/ p p p6 p6 June 7,2007 161 ZONING WNE USE CROUPIUSE MULl MUL2 MUU MbL-H Boat,'1{ariRe Aceessories/Rental/Brolcerace p~ p.~ p~ p~ Bookstore P P p~ pi> BllilaiRe Sua13lies or Materials N N N N Bl:ls Terminal N N N G Clothiac:. Saoes or :\ecessories Boutique p~ p.~ p.~ pi> CORtraetor's Offiee/EQl:lipment Storaee N N N N Coffee Shop P P. p.~ p~ Conv0RieRce Store p~ p~ p(, p(, Cl:lstom Home fl:lffiishiRC:s P P P P Cyber oafe P P p~ p" Dive Saop aRd IootmotioR as "\oeessorv Use P. P P P Dmc: Store or Paarmacy pe.<M+ p.e.<M+ pe.<M+ pJ,,(, Grocery Store. Suaermarket G+ p+ p.6;-+ p("f . florist E E p(, p(, Hardware Store p~ p~ p.~ pM-;! Health food Store p.(, p~ p(, p(, Home Improvement CeRtem N N N N Jewel!!'. Luec:ace aHa Leather Goods P. P p(, f1(, L1imber Yard N N N N Marina H pH p.~ ~M-;! L MariRe Customizing. Detailine. Service, Parts or Repair N G~ Gfu+(, N No\':sstand P p(, pi> p~ Oatdoor Green Marlcet (City spoasored) N N N P Oatdoor Storaee or Display as a 13riReipal use N N N N Parkinc: Lots for Commercial Vehieles N N N N Parking Lot or Garage. Private OWRershio (principal use) N N N N Personal \Vatercraft Sales. Rental. Service. Parts or Repair pH pH p.H p~ Photoeraphic Srudio aRd Photographio Suaplies P P p.~ p." June 7. 2007 162 ZONING WNE USE CROUPfY.J8E MULl MUL2 MUL3 MY-H Restaurant. with Drive Th.tl F&;9 F&;9 F&;9 N ResHmraflt. Sit DO..../n F F F Fe S130rtine Goods Fe Fe Fe Fe Tohaeeo aad .^.ecessories F F pe Fe Trailer Vehiele or Marine Sales, Rentals, Service, Ref'laim ~ ~ ~ ~ aBd Storage Video Rental F F Fe Fe Who I esale/W areRouselDistribHtiofl N N N N San'iee Use GI"fJHl'I* * Where 13ermit:ted v.itbin the MU L Zones. only Ofl lots froBtine on major arterial road'J/avs BarbersBo13/BeaHtv Saloa'Day Sl'la F p pe Fe Danee Studio F F F Fe Dressmalcer or Tailor F F F p.e Dry CleaBer }L6;& p.6;& F6;& ~ Fimess/Healtb Club F p. Fe p.e FlHl:eral Home G G G N Hmmital N N N N Labor Poel Establishment N N N N Lalffidromat p.e p.e p.e N Medieal Ol:imatient Faeilitv p.e p.e Fe p.e Nurserv. Preseaool or Child Dayeare p. p. Fe Fe Nursine and Cow:aleseent Home G G G N Photooopy Center F F Fe Fe Self Storaee or MiHi 'NareRouse G("M G("M G("M N Shoe Repair Fe Fe Fe Fe Tattoo Parlor/Body Piereing N N N N SOI:I13 KitohenlSHbstaFlee .^.bHse Centers/Shelters I Halfway ~ ~ ~ ~ Hooses June 7, 2007 163 ZONING ZONE USE CROUPIUSE MULl MULl MUL3 Ml4I Entorftlinmcnt Use (fl'-8IXl3 * *Where permitted within the MU L Zones, onl\' on lots fronting on maior arterial or OOIlBector roadwa','s Ackllt EH-tertaiDHlent N N N N BaL Cocktail L01:lBe;e G G G6 Fe Billiard Club/BewliBg ;\lley/lndElor Recreation Facility G6 G6 G6 G" Bingo Hall N N N N Fortwle Teller N N N N Movie Theater N N P-" F(' Nigh.t CIHb N G" Ge G" PerformiBg Arts Theater F P- F F Private Clubs, Lodges aBd Fraternal Organizations G6 G(, G(, N ,1ee08881-,' Use Drive Th:.l Facility (other than aCCeSS0ry use to fifllHlcial G9 G9 G9 ~ institutioBs and restaHraFlts) Restriction :Notes: .j., Mlist be part of a miJled \:lse de';elopment comprising a maJdmum 30 percent of the cross floor area of the entire development. 2. r or those \vith frontage DB aB area-n arterial or \:lrBaB eolleetor road\vllY, allowed as a permitted \:lse ifthe grol:Hid level flElor fronting the rea<hvav is devoted to offioe Elr retail\:lses: otherwise. use is a conditional use. Use shall be subieot to the follo'Ning distance separation reqHirements from similar uses. meaoored in a straight line \:lsing the shortest distance betweeR property lines: For uses \vith less than 5.000 sqHare feet of floor area. se13aration distance is 750 feet; For lises with a gross floor area eq\:la] to or greater than 5.000 square feet. separatioFl distat10e is 1.500 f~et. 4., Slibieet to setback aBd I:mfferiFlg reqHirements as recommended by the Technical Adviso!'\' Review Team. ~ MaKimum gross square footage shall F10t eJweed 2.500 square feet. Storace of posta] vehioles prohi!:lited. (" Must be intec:rated iFltD a milled use lmildine or deyelopment. Gross floor area of groce!'\' store must be a minimum of 15.000 square feet and a maJlimlIDl of &0.000 square feet. June 7, 2007 164 June 7,2007 ~ 9, .j.G, H-. <+. ~ .j.4, M. M, 17. ZONING OR site amp off aHd oie!c ut3 onlv. .. . ",'n~ staekinE: lanes. ml:1st Hot be yisible from Drive tft..\:1 famhty. lflcluu ~ . eOl'lditioHal use 8l3pnwal. . . hts af "'a" aHd reeHmes public fig: .. . I d arterial roadway. Incress/egress shall Hot be from to an See Seetion 16 for reel:1lations. . 1. L' .. Fal Hieh"'a" fr{)ntaee in the :MU L . 6 fl erooertv ""tl1 ...ette _ .. , Not peml.1tte 0 . t ~ ':"iili restrietion note siJ[ (€i). Distriets l:Hiless eonSIS eR .. leisala" ani" aRe shall Rot exeeed 10,000 S<lwre feet. Indoor storace, _, . . . e Stofll:ce/disalav alloy:ed . . h efflHtted manna us . _ In conil:lnctlOn WItI a 0 eeed 1 Q 000 SQl:1are feet. only in \vet €loeks sr iB:dosr area not to e1( , See SeetiOB 15 for reel:1latioBs. See Seetion 11 for reCl:1lations. See Seetion 17 for reg\;llatio~s. See Seetien 1 & for reeulations 165 ZONING H. Buildin2 / Site Re2ulations 1. Buildin2/ Site Re2ulation Table. MIXED USE. URBAN Lot Area. Minimum (acres): Public park: All other uses: Lot Frontal!e. Minimum (feet): Structure Heil!ht. Minimum feet: Collector: Local collector: Local' : N/A N/A N/A N/A 0.50 0.75 I I 1001 100 1502 200 30 30 .:ill .:ill DU FAR HT5 DUJ FAR' HT5 FAR HT5.{. DU FAR 20 .LQ 30/40 2.0/2.5 40 Ml 4.0 40 40 Classification of proiect frontal!e on type of roadway: HT Arterial: 45 All other uses: Side abuttingl': Residential sinl!le familv: All other uses: 25' 1012 I. May be reduced if frontal!e extends from right-of-way to right-of-way, 2. Minimum of 50 feet. if frontage is on a collector/local collector roadway. 3. For propertY abutting the MU-H district located west of US 1. the area of increases in height. density and FAR shall extend a distance of i 00 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US I. the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval: however. no increases in density and FAR are allowed. Must also have principal frontage on i\rterial roadway, 4, Must also have frontage on local collector or higher roadway classification. 5. Maximum height on any street frontage is 40 feet. Maximum hei(!:ht on Intracoastal Waterway is 35 feet. Heights mav require reduction where adiacent!" a single-familv zoning district where necessaPl to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to 125 feet for the entire project where property abuts anv MU-L or residential zoning district not seoarated bv a right-of-wa\ 7. Plus one additional foot for each foot of height over 35 feet. 8. Where there is an intervening right-of-way of at least 40 feet. 9. Subiect to pennittinl! agency approval. 10, Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided. II. Listed eligible Historic structures are not reauired to meet these standards. 12. Reduction in setback may be allowed if void of negative impacts on adiacent use or on develonment potentia) of adiacent nroPertv. 13, The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Chapter 3. Article Ill. Section 6.H.2 ~ .- MV Ll.zONE MV L2.z0NE I MU U ze A. MiRimam L8t Area i ---- Public Parle no minimllm no mInImUm I fl&ffitflt" , All Other Uses 0.50 acre O. 75 aere I +-aere I .. June 7. 2007 166 ZONING I B. MiRiIBHHI. Lot FroRtaee.W Uses I ~+ ~Ii'" be reooeed if fraBta<::e eKteBds from ridH of way to rigbt of way ~inim.WT1 of 50 ft. if frantage is an a eolleetor/Ioeal eol1eetar roady/ay " Listed eli!;dble Histarie stnlOwres are not reqwreEi to meet tbese standards I~ I~;! T .~ r_ TT.'_L. - , ..".. ~ E. n on L .1. .., MU L1 WNE MU L2 ZONE MU L3 ZONE FHBeooRal ClassifieatioR of lit. 1m FAR 1It." 1m FAR 1It;<l 00 FAR II< ~ ~ Arterial ~ ;W -hG 65'/1 00'+ ~+ ~+ 75/1 00'+ 4(}+ ~+ +3 Colleetor ~ ;W -hG g" ~ ~+ W;! 4(}i! ~;! +2 LoeaI Colleetor ~ ;W -hG ~ ~ ~+ W;! 4(} ~ ~ T .,n .3 .'- NG NG NG ~" ~ ~+ ~+ ;W -hG 4!i MiBiIBHHI. Heit:ht OR RBY street 30 ft. 30 ft. 30 ft. JG froBtR<"e ~or araaerty aBl:ltting the MU H: distriet Ioeated west of US 1. the area afiBereases iB hei~ht. density and F.\R shall extend a distaBee of 100 feet from the l\ill H zoning dismet line liBd shall Feql:lire eonditional use aJJJ3roval. For aroaerties aBHtting the MV H: distriet loeated east of US 1. the area of iRsrease for hei<::bt shall extend a distaBee of 100 feet fr-eHl. the MU H: zoning distriet line and shall Feoaire sClnaitionalase approval; hew6ver. no ineFeases in deRsity ami FAR are allawed.;! MHst also have 1'3rinsiaal fr-oBtage en .^.rterial road....'a'l. ;! MHst also have frontage on lasal solleetor roaaway. "MaJdmWTI height on liBY stFeet fronta<::e is 40 feet. MaJlimWR heh:ht on Intraeaae;tal Watef\vliY is 35 feot. Heie:bts may r-eaaire r-eEiHetion .....her-e aaiaseHt to a sinde family zoning aistriet where n6eeSSary to aehieve the eomaatibilit\' r-eaHrrements af these reC'l:llations. +. MaximWB heilclR reaHsea to 125 feet for tbe entire 1'lroieet where property abate; liBY MU L ar residential ZORine: dismat nat se1'larated BY a rilclR of way. n .. MU L1 ZONE MU L2 ZONE MU L3 ZO Side Yard ., n ',' ',' 0: ._1. r.. ~-ft/.4l--ft., i-;it ~+ G-ft:. + .. A~L . TT. G-ft:. G-ft:. G-ft:. ReM Yard . n n' ., ,... ., ~ + .4l--ft.,;! ~+ ~+ A ? ~ ~ G-ft:. <I A .~: A 11 ~ " G-ft:. G-ft:. G-ft:. FroRt YaFd (huild to liRe) .\RV portioR of property ',' .. All Uses o to 10 ft.4 o to 10 ft.4 o to 10 ft.4 ,1--1)1, . . ~ .,. r. -.~ ~. s ;o,,Vhere tbere is an intervenine: ridlt of way of at least 10 feet. <l-Subieet to tlermittine: a<::en6Y aDaroval 4-Sidewal1c of at least 10 feet reOHirod. Setbaek ma',' be ~reater if l'lublic plaza/e:atherin;: space is provided. ~ Listed eligible Historic struetures are not reo Hired to meet these staHdards 2. Sky Exposure Plane, e. MaximulR hei:::ht aDd sethaeks. (1) No building shall exceed the maximum height limits or the Sky Exposure Plan except as delineated below in Section (3). June 7, 2007 167 ZONING (2) All buildings abutting a public right-of-way or peripheral to the development shall be built within the Sky Exposure Plane based on the ratio and street classification as follows; ZoOiD!!: District Maximno heil!:ht of frootal!:e waU MU-H MU-L3 MUL-2 MU-Ll 40' 40' 40' 35' ADJACENT TO STREET bll ~ Bas@ helQht .at !itreellev~1 a . Horizontal dts.tance - Vert.k.al dktance . 5etba.<:k Arterial or CoUec~or Street Vertical Horizontal Distance Distance 5.7 to I 4 to I 3 to I I to I Other Streets or peripheral Vertical Horizontal Distance Distance 11.4 to I 8 to I 6 to 1 2 to I REAR AND SIDE (I - Horizolital distance Vertlc.l1 di!iOtallce - S,etback (3) The following shall be deemed as allowable exceptions to the maximum height limits and Sky Exposure Plane requirements: (a) Balconies. unenclosed (b) Elevator or stair bulkheads, screened HV AC equipment; ( c) Ornamental towers having no floor area in any portion above the maximum height limit or Sky Exposure Plane; (d) Parapet wall. not more than five (5) feet in height. 1. General Requirements: Chapter 4. Article V. I. Parkin2. As provided III provided 2. Specific for MU-H district. As Chapter 4, Article V. Section 3.G.3. June 7, 2007 III 168 ZONING J. Miscellaneous. 1. Access. 3.A.2.). (See Chapter 4, Article VI. Section 2. Buildin2 Location See Chapter 4, Article III. Section 7.A.I 3. Buildin2 Massin2. See Chapter 4. Article III. Section 7.B.l 4. Compatibilitv in MU-H district. See Chapter 4, Article III. Section 6.A.a. 5. Sidewalks in MU-H district. See Chapter 4, VIII. Section 3.C.1. 6. Landscapin2 in MU-H district. See Chapter 4, Article II, Section 2.B.2.a.(2). June 7, 2007 169 ZONING Section 7. Miscellaneous Districts. H. .\G AGRICULTU~\L DISTRICT. These district regulations are intended to apply to those areas of Boynton Beach, the prescnt use of which is primarily agricultural or the future use of which is uncertain. 1. Uses permitted. V/ithin any .^~G, Agrioulture District, no building, structure, land or water shall be used except for one or more of the following uses: a. /~grioultural uses which include, by'.vay of illustration but not by way of limitation, the follmving: nurseries, greenhouses, orchards. raising of field crops, tree crops, vegetables or fl:O\:\'ers on a commercial seale;, , b. 'N'holesale and retail facilities v/hcn clearly incidental to a pennitted agric-ultural use; c. Buildings such as attendant residency, equipment shelters and the like whose use is clearly incidental to an approved agrioultural use; d. Preservation or conservation uses intended to maintain the general openness or '.'egetation of the land for environmental, educational, archaeological or open space reasons; e. Single family homes on 2.5 aere lots including pri':a:te stable facilities pro':ided that animals are kept for recreational uses only and not kept for sale or resale. 1.\. /~y use listed under 5 .H.l. above which uscs, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic subst::mce, ao the same are defined by 10 Code of Federal Regulations, Part 261 or the Florida Substanoe List as set forth in Rule 1.\ 62.001, Florida .\dministrative Codc, shall require a hazardous material revie\v in accordancc '.'lith the Fire Department Hazardous Material Disclosure requirements of Part II, Section 9 71 of this code. 2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and building comply with the folh,ying regulati ons: Minimum lot frontagc 200 feet Minimum lot area one (1) acre Minimum front yard 50 feet June 7, 2007 170 ZONING Minimum side yard 50 feet, each side MiRimum rear yard 50 foet Mmcimum structure height 15 feet, not to exceed four (1) stories 3. Off street parking. .'\s pro':ided in Scction 11 H hereinafter. A. REC RECREATION DISTRICT. 1. Intent. 1. REC RECREATION DISTRICT. It is the intent of this district to accommodate and preserve recreational areas for current and future uses consistent with the Comprehensive Plan. This district shall apply to those existing and proposed recreational areas not located in planned unit developments. Included in these areas are both public and privately-owned recreational tracts and the Intracoastal Waterway (ICWW). These district regulations are intended to apply to those existing and proposed recreational areas not located in pla:nned uRit dewelopments. Included in these areas are both public and private recreational tracts and the waters of Lake \"V orth and the Intraooastal 'Naterway. It is the specific intent of these regulations to preserve reci"eational areas f{)r current use and for the future, eORsistent '.'lith the comprchensive plan and .....lith the subdi'/ision regulations. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article N, Section 3). 1. Uses permitted. \'Vithin any P~C, Roereation District, no building, structure, land or '/luter shall be used except for onc or morc of the follo'l/ing HSeS-7 a. }JI public, pri'/ate aRd semi privute reci"eation areas, including parks, playgrouRds, clubs and golf courses; b. .'\11 non profit cntertainment or athletic facilities, including beaches, marinas, campgrounds, studia and playing fields, sv:imming pools and oommunity oenters; c. }J1 '.vatcr based activities incidental to the usc of the Intracoastal \Vaterway and the '.vaters and shores of LaJce \V orth; June 7, 2007 171 ZONING d. Preservation or conservation uses intended to maintain the general openness or ':cgetation of the land for en':ironmontal, educational, archaeological or open space reasons. lA. Conditional uses allo\vcd. All profit or non profit uses or enterprises considered ancillary to any ofthe above permitted uses. 1 B. .^J1Y use listed under 5.I.l. which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or toxic substanec, as the same are defined by 10 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 1A 62.001, Florida Administrative Code, shall require shall require a hazardous material revie':; in aocordance ':lith the Firc Department Hazardous Material Disclosure requirements of Part II, Scction 9 71 of this code. 3. Buildin2/ Site Re2ulations. 2. Building and site regulations. No building or portion thereof shall be erected, constructed, converted, established, altered, enlarged or used unless the premises and buildings shall comply with the following regulations: BUILDING / SITE REGULATION I RE<: I>istrict Minimum lot area: i 1 acre Minimum lot frontage: I 1 00 feet Minimum yard setbacks: Front: 25 feet Rear: 25 feet Interior side: 25 feet Comer side: 25 feet Maximum Lot Covera2e 50% Maximum structure hei2ht: 45 feetl 1 Not to exceed four (4) stories. Minimum lot frontage Minimum lot area Minimum front yard Minimum side yard Minimum rear yard 100 feet one (1) acre 25 feet '15 feet, each side '15 feet June 7, 2007 172 ZONING Maximum structure height 15 feet, not to exceed four (1) stories 4, Parkin2. As provided in Chapter 4, Article V. 3. Off street parking. As provided in Section 11 H hereinafter. June 7, 2007 173 ZONING B. PU PUBLIC USAGE DISTRICT. 1. Intent.]. PU PUBLIC US}.GE DISTRICT. This district shall These district regulations are intended to apply to those areas within the city whose ownership and / or operation is public~ or whose use is primarily public largely publicly or institutionally:oriented, exclusive of those areas whose use is primarily recreational. 2. Use(s) Allowed. (See "Use Matrix" - Chapter 3, Article N. Section 3). 1. Uses permitted. Within any PU, Public Usagc District, no building, structure, land or water shall be used except for one or more of the follO'.ving uses: a. Public buildings and facilities such as city hall, police and fire stations, libraries, public schools, public utilities and cemeteries; b. Private or serRi private institutions (excluding churches and schools) such as hospitals, utilities, and other non profit facilities; c. Other governmental agencies such as those pw\'iding postal, administrati':e or regulatory services; d. Telecommunication tm:'1ers. 1/... }.l.ny use listed under 5.J .1. above whi ch uses, handles, stores, displays, or generates hazardous materials, hazardous 'lluste, or tmcic substance, as such may be defined by 10 Code of Federul Regulations, Part 261 or the Florida Substance List as set forth in Rule 1}. 62.001, Florida ,A.dministrati':e Code, shall require a hazardous material review in accordance with thc Fire Department Hazardous Material Disclosurc rcquirements of Part II, Section 9 71 of this code. 3. Buildin2 / Site Re2ulations. 2. Building and site regulations. No building or portion thereof shall be erected, constructed converted, established, altered, enlarged or used unless the premises and building comply with the following regulations: June 7, 2007 174 ZONING BUILDING / SITE REGULATION PU District Minimum lot area: 8,000 s.f. Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feetl Rear: 25 feet1 Abutting: Residential district( s) 30 feet Interior side: 15 feetl Abutting: Residential district( s) 30 feet Comer side: 15 feet Maximum lot covera2e: 50% Maximum structure height: 45 feee Hospitals only: 60 feet2 1 F or hospital buildings, additional setback in excess of thirty (30) feet shall be required for any height over forty- five (45) feet. The additional setback shall be measured by calculating three (3) additional feet of setback for each foot in height above forty-five (45) feet, not including minimal roof top equipment that are eligible for height exception pursuant to Chapter 2, Article II, Section 8 per Section ~. 2 Not to exceed four (4) stories. Miniml:lm lot frontage 75 foet Minimum lot area 8000 square feet Minimum front yard 25 foot Minimum side yard 15 foot, each sidc* Minimum rear yard 25 feet* MaJeimum structural height (hospitals only) 60 feet, not to exoeed four (1) stories *'.\'hen abutting residential districts, side and/or rear yard shall be thirty (30) feet. For hospital buildings, additiOl.'lUl setbaek in excess of thirty (30) fact shall be required for any height over forty five (15) feet. The additional setbaok shall be measured by calculating three (3) additioRal feet of setbaek for each foot in height above forty June 7,2007 175 ZONING fi','e (15) feet, not including minimal rooftop equipment that are eligible for a height exception per Section 1.F .2. 4. Parkin2. As provided in Chapter 4. Article V. 3. Off street parking: "^~s provided in Section 11 H hereinafter. June 7, 2007 176 ZONING Section 8. Overlay Zones A, URBAN CENTRAL BUSINESS DISTRICT OVERLAY ZONE. Sec. 18 Urban central business district. /... The City Commission of the City of Boynton Beach, Florida hereby designates the current central business area hereinafter described as a urban central business district as that term is defined by Florida }~dministrati':e Code Rule 28 21.011(10)(0)1. In compliance with Florida Administrative Code, the City has established a single urban core area to attract high intensity, high density, multi-use development in the downtown through the redesignation of the central business district to an urban central business district, which will permit additional development density opportunities suitable to attract mixed use business, while ensuring the scale, design, function and character of any new development is compatible with, and complements, the City's redevelopment plans. The land that shall comprise the Urban Central Business District Overlay Zone urban central business district is bordered on the east by the Intracoastal Waterway (ICWW), excluding all lands designated with a conservation overlay on the city's future land use map, and city lands utilized for stormwater retention; on the west by the Florida East Coast Railroad right-of-way, on the north by northeast 6th Avenue, and on the south by S.E. 2nd Avenue and consists of approximately eighty-three (83) acres. These boundaries shall be utilized for increased development-of-regional-impact guidelines and standards, consistent with the criteria of this section. The area is further delineated in map format on Ordinance No. 03-054, Exhibit "A." B. The Urban Central Business District Overlay Zone 'I:H'6aft central business district is consistent with the City of Boynton Beach Comprehensive Plan and Future Land Use map intensities~, and has a land use designation of Mixed Use (M};:), eligible for Mixed Use Core (MXC) and a zoniRg district designation ofCBD, v/hich is eligible for Mixed Use High (MUH). G- The Urban Central Business District Overlay Zone 'I:H'6aft central business district is wholly within the jurisdictional boundaries of the City of Boynton Beach. I). The Future Land Use classification and zoning district futHre land usc and zoning designation allow for high intensity multi-use development within the proposed district overlay zone. The uses and intensity are regulated by the respective Future Land Use classification and zoning district. June 7, 2007 177 ZONING .g,. Within the Urban Central Business District Overlay Zone urban ccntral business district, the DRI guidelines and standards set forth in Florida Administrative Code Rule 28-24.014(10), as they may be amended from time to time shall apply to the development approved by the city. (Ord. No. 03-054, SS 2-6, 12-2-03) June 7, 2007 178 ZONING B. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE J.^~. 1\L\.RTIN WTHERKING BOULEV.\RI) OVERL^~Y ZONE. 1. Intent. General. This overlay zone has been establishd to implement recommendations from the Vision 20/20 Redevelopment Plan, which identified a segment of the Martin Luther King Jr. Boulevard as an opportunity for redevelopment and revitalization. The ultimate design and site standards of this section are intended to create a traditional street corridor with pedestrian improvements, storefronts along the sidewalk, and a mixture of uses. The corridor is to contain an ambience supported bv pleasant signal2:e and building appearance, potted landscaping, store windows and public open spaces. This overlay zone is also appropriate for development of small properties to allow for consistency with the vision represented by the respective mixed-use zoning district, and/or as an interim redevelopment mechanism until greater redevelopment occurs using the respective mixed-use zoning district. All development within the Martin Luther King Jr. Boulevard corridor shall occur according to the provisions of the adopted plan as stated below. \Vith the eompletion of the Vision 20/20 Rede'lelopmCflt Plan, the City identified a seg:m.ent of the Martin Luther King Boulevard as an area in noed of redey.'elopment and re'litalization. This section is created to implcment the development and design recommendations in the Redevelopment Plan intended to create n traditional street corridor with pedestrian impro'/emcnts, storefronts along the sid6',valk, and a mixture of uses. The corridor is to contain an ambience supported by pleasant signage and building appea:rance, ported landscaping, store vlindows and public open spaees. /Jl de'leloprnent ',vithin the Martin Luther King Boule'lard corridor shall occur according to thc provisions of tho adopted plan as stated below. 2. Dermed. The Martin Luther King Boulevard Overlay Zone (MLKBOZ) is hereby established as the area defined by the parcels fronting on that portion of the Boulevard located east of Seacrest Boulevard and west of Federal Highway right-of-way, along with those parcels adjacent to the north and south of these parcels that front on the Boulevard if assembled and development as a unified project. June 7, 2007 179 ZONING 3. Use(s) Allowed. (See "Use Matrix" - Chapter 3. Article N, Section 3). Pcnnitted uses. "^~s currently defined in Chapter 2(5)(G) and Chapter 2(6)(B). 4. Prohibited uses. Rescrved 4. Buildin2 / Site Re2ulations. 5. Development standards. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the under1vin~ zonin~ district except as follows: a. Parcels that have frontage along Martin Luther King Boulevard shall have the same front setback in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III. Section 6.H) a minimum front setback of 3 feet and a maximum front setback of 12 feet. b. Minimum interior and comer side setback~ from interior lot lines shall be in accordance with the Mixed Use-Low Intensity 1 zoning district (see Chapter 3, Article III. Section 6.H) 5 feet, and a minimum of 3 feet and a maximum of 12 feet from comer lot lines. c. Maximum building height shall be 30 feet. and subject to other pro':isions of Chapter 2( 1)(F). d. Lot regulations stated within Chapters 2(5)(G) and 2(6)(B) except where superseded by the regulations stated herein. 6. Si!:,'lls. Rescrvcd 7. Design Standards. Reserved 8. Landscaping. Reserved 5, Parkin2. Section 3.H.3. 9. As provided in Chapter 4. Article V, Parking. a. Parking space requirements shall be calculated in accordance \vith Section 11.H.16 of these zoning requirements, and shall be reduced by fifty percent (50%); June 7, 2007 180 ZONING b. Required parking spaces shall be o'.vnod or leased \vithin one thousand (1,000) feet of the building to be served. (1) The distance requir0fllents shall be a straight line measurement from a point on the boundary line of the property that is the subject of the application to the closest boundary line ofthe property on v/hich the leased parking is located. (2) The property that is the subject of the application shall be posted with signage indicating to patrons the location of the off site parking. c. Lease arrangements to provide required parking spaces shall be subject to appro','al by the Community Redevelopment .^~gency. 6. Miscellaneous .!:. Specific Landscape Reauirements As provided in Chapter 4, Article II. Section 2.B.a.(3).( a). June 7, 2007 181 ZONING c. URBAN COMMERCIAL DISTRICT OVERLAY ZONE B. URR^~N COMMERCL^~L DISTRICT OVERLAY ZONE. 1. Intent and purpose. The purpose of this zone is to encourage the development and redevelopment of commercially-zoned parcels in a manner consistent with the pattern of development of parcels with Mixed-Use zoning classifications. 2. Objectives are as follows: The objectives of this overlay zone a. Support and enhance revitalization efforts along the city's commercial corridors within the redevelopment areas. b. Improve aesthetic and pedestrian streetscape environments by preventing the placement of off- street parking between the front of the building(s) and the rights-of-way. c. Allow flexibility in architectural design and building bulk; while maximizing compatibility and harmony with adjoining development within the defined area. 3. Defined area. The Urban Commercial District Overlay Zone is established in the city redevelopment plans as the geographical area defined by the following boundaries: a. Federal Highway Corridor Community Redevelopment Plan. The boundary is the city limits to the north, the Intracoastal Waterway to the east, the city boundary to the south, and the Florida East Coast Railroad (F.E.C.) and Palm Boulevard (Northeast 4th Street) to the west. The legal description is more particularly described in Exhibit 1.1, Appendix of the Federal Highway Corridor Community Redevelopment Plan. b. The Ocean District Community Redevelopment Plan. The boundary is Northeast 3rd Avenue to the north, Seacrest June 7. 2007 182 ZONING Boulevard to the west, F.E.C. Railroad to the east, and Southeast 2nd Avenue to the south. c. Boynton Beach Boulevard Corridor Plan. The boundary is the commercially- zoned parcels located along west Boynton Beach Boulevard, east of Interstate 95, and west of Seacrest Boulevard. 4. Buildin2 / Site Re2ulations. De'lelopment standards. Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: u. Setbaeks. Parcels shall have the following setback requirements: Front yard five (5) feet to fifteen (15) feet Side (interior) yard zero (0) feet to fifteen (15) feet Side (corner) yard ten (10) feet to fifteen (15) feet Rear yard shall be defined by the applicable zoning distri",t regulations; b. Maximum building height shall be defiaed by the applicable zoning district regulations; C. Maximum lot ",overage for building(s) shall be 10 percent; BUILDING / SITE REGULATIONS Urban Commercial District Overlay Zone Minimum yard setbacks: Front: 5ft-15ft Rear: Zoning I Interior side: Oft-15ft Abutting: Residential district: 15 feet Corner side: 10ft-15ft Maximum lot covera2e: 40% Maximum structure hei2ht: Z . I oilIng 1 Shall be defined by the applicable zoning district. 5. Parkin2. As provided in Chapter 4, Article V. June 7, 2007 183 ZONING 6. Miscellaneous a. Specific Landscape ReQuirements As provided in Chapter 4, Article II. Section 2.B.a.(3 ).(b). 5. Landscape requirements. Foundation landscaping and trees shall be installed 'l.'ithin the reduced building setback areas, between the buildingCs) and property lineCs), particularly, v/here adjacent or 'lisible from public and/or private rights of way. COrd. No. 00 30, ~ 1,62000; Ord. No. 02 011, ~ 1,1 16 02; Ord. No. 05 029, ~ 2, 8 2 ~ b. In the event of any conflict between the provisions of the Urban Commercial District Overlay Zone and any other sections of the Land Development Regulations, the provisions of this section shall prevail. However, these provisions shall not be construed to supersede any federal. state, or county laws: and / or any rezoning of lands to a Mixed-Use zoning: district. s:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\FinahArticle III Zoning Districts and Overlay Zones.doc June 7. 2007 184 June 7,2007 ZONING ARTICLE IV. USE REGULATIONS Section 1. Operational Performance Standards ~ PERFORM..^..NCE ST..^~ND.:\.RDS. All existing and subsequently considered uses located within the city shall conform to the operational performance standards set forth below, and shall be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of- way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. A. Noise. 1. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Part II, Section 15-8 of the City of Boynton Beach Code of Ordinances. B. Vibrations. 2. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. c. Particulate Matter. 3. Smoke, dust, dirt, or other parti0ulate matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. D. Odor. 1. Odors and fumes. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. 1 ZONING E. Toxic Matter. 5. Toxic or noxious matter. No use shall be carried out in any zoning district so as to allow the discharge of any toxie or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. F. Fire and Explosions. 6. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use~ or production of flammable or explosive materials shall be in conformance with the provisions of Part II. Chapter 9 of the City of Boynton Beach Code of Ordinances. G. Heat., Humidity. and Glare. 7. Heat, humidity, or glare. No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line ofthe property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. H Waste. 1. LiQuid Waste. 8. Liquid'vvaste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity-,-or manner which is not in conformance with the provisions of Part II. Chapter 26 of the City of Boynton Beach Code of Ordinances, or any applicable federal, state.Lor county laws or permits. 2. Solid Waste. 9. Solid \vaste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Part II. Chapter 10 ofthe City of Boynton Beach Code of Ordinance, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. I. Electroma2netic Interference. 10. Electromagnetic interference. No use shall be carried out in any zoning district so as ') June 7, 2007 ZONING to ereate electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Section 2. Hazardous / Toxic Waste and Substances. 11. Hazardous materials, hazardous Vlaste, and toxic sl:lbstances. a. A. Fire Department Hazardous Material Disclosure Form. Prior to the issuance or renewal of a Business Tax receipt Bfl occupational Ii CORse in the city, the operator of any use that uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a Fire Department Hazardous Material Disclosure Form in accordance with Part II. Chapter 9, Article VIII. Section 9-122 P-afl III, Seetion 9 71 of this code. B. Spill Containment System. a. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system, along with an appropriate early warning monitoring program. The containment system and monitoring program shall be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored~ or displayed, or where hazardous wastes are generated. C. Depressed Truck Wells. 6. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and 3 June 7, 2007 ZONING driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers. D. Hazardous Materials Response Plan. fl. Those using, storing, displaying, or generating hazardous materials, hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the Fire Marshal. This plan shall identify appropriate measures for contamination response including, but not limited to: 1. fB Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where appropriate; 2. ~ Specification of follow-up water quality monitoring programs to be implemented in the event of contamination; 3. fJ1 Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aquifer; 4. (4) Specifications for the development and implementation of an early warning monitoring program; 5. ~ Proof of financial responsibility which will assure that cleanup costs can be provided; 6. ~ A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation ofthe particular hazardous materials, hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the Fire Marshal: 7. P1 Where the information required under 1 through 7 (1) through (6) above is required as part of the information required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. 4 June 7, 2007 ZONING Section 3. Use Re2u1ations Previously reviewed by Boards and City Commission. Section 4. Notes and Restrictions Previously reviewed by Boards and City Commission. Section 5. Permitted Uses A permitted use is allowed, by right, within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Section 6. Conditional Uses A. Applicability. Section 11.2. Conditional uses. .^... SCOPE. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2. Article II. Section 6 and this section shall apply. B. DefInition. See Chapter 1, Article II Definitions. B-:- DEFINITION. A eonditional use is a use that vlould not be appropriate geBerally, or without restriction, thToughout a zoning classifieation or distriet. Sueh uses Rowe'/er, if controlled as to area, location, number, or relation to the neighborhood, vlould promote public appearanee, oomf{)rt, convenience, general ':/elfare, good order, healtli, morals, prosperity, and safety of the oity. Such uses may be allowed in a zoning classification or district as a oonditional use if speeifie pro'lision for such a conditional use is made in these zoning regulations. C. Standards for Evaluatin2 Conditional Uses. I* STAND.i\RDS FOR EVALU;\ TING CONDITION.^~L USES. ~ planning and d6'lelopmeBt board and City Commission shall consider only such conditional uses as are authorized under tRe terms of these zoning regulations and, in conneetion therewith, may grant eonditionaluses absolutely or conditioned upon the faith.ful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and side\valks, as shall be determined necessary for tho proteotion of the surrounding area and the citizens' general welfare, or dooy conditional uses when not in harmony '.'/ith the intent and purpose of this section. In evaluating an application 5 June 7, 2007 ZONING for conditional use, the Board beaFtl and Commission commission shall consider the effect ofthe proposed use on the general health, safety~ and welfare of the community and make written findings certifying that satisfactory provision~ has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; 2. Off-street parking and loading areas where required, with particular attention to the items in subsection ~ -9.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; 3. Refuse and service areas, with particular reference to the items in subsection C -9.1. and C -9.2. above; 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening, buffering and landscaping with reference to type, dimensions, and character; 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; 7. Required setbacks and other open spaces; 8. General compatibility with adjacent properties, and other property in the zoning district; 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; 10. Economic effects on adjacent and nearby properties, and the city as a whole; 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 2. Article II. Section 5.F. Chapter 1 of the City's ofBo)TIton Beach Land Development Regulations; 6 June 7. 2007 ZONING 12. Compliance with, and abatement of nuisances and hazards in accordance with the Operational Performance Standards as indicated in Chapter 3, Article IV, Section 1 and the perf{)rmance standards, Section 1.N of Chapter 2; also, eonformance to the City of Boynton Beach Noise Control Ordinance, Part II. Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances; and 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer: a. Data on the sound emlttmg devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used: and / or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. Section 7. Non-conformin2 Uses A. Definition. See Chapter 1, Article II. Definitions. B. Existin2 Uses Section 11.1. Nonconforming uses and structures. }~. EXISTING USES. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, 7 June 7, 2007 ZONING reconstruction, Business Tax renewal continuance, discontinuance or change. H. SL\TUS OF EXISTING USES REQUIRING CONDITION.^....L USE .\PPROVAL. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure wffiOO would require such approval as if it were a new use or structure. Any alteration or movement of such use which the development director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. (Ord. "No. 96 51, S 8,1 21 97; Ord. No. 01 18, S 2,9 1 01; Ord. No. 01 027, S 7,1 20 G4t c. Non-Conformin2 Use Limitations 1. Use of Land B. NONCONFORMING USES OF LAND. 1. No nonconforming use ofland shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. :2,. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. ~ No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures USES OF STRUCTURES. 1. D. NONCONFORMING The nonconforming use of 8 June 7, 2007 ZONING a building or other structure may be extended throughout any part of the building or structure '.vhich '.vas clearly designed and inctooded fDr such use at the date of the effective adoption or amendment of these regulations. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these regulations. ~ No structure used for a nonconforming use shall be enlarged, extended, reconstructed., or structurally altered, unless the use is changed to one which complies with the provisions of this chapter [ordinance]. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of nonbearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five (25) percent of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number of dwelling units. Nothing in these regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. Chan2e of Use. G. CONTINU}~NCE, DISCONTil'ru"^~NCE OR CHANGE OF NONCONFORMING YSB. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. h A nonconforming use ofland or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 4, Article IX Chapter 20 of the Land Development Regulations, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these regulations. 9 June 7, 2007 ZONING 2. .^oIlY part of a structure or land occupied by a nonconforming use ',vhich is ohanged to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. E. Discontinuance. ~ If for any reason a nonconforming use ofland, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a required Business Tax receipt. permit. or other governmental authorization to conduct such non-conforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Non-Conformin2 Lots / Structures. Article V Supplemental Regulations, Section 9. See Chapter 3, S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Chapter 3 Zoning\Finar'Article N Use Regulations.doc 10 June 7, 2007 Meeting Minutes Planning and Development Board Boynton Beach, Florida Heiaht Exceotion 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Motion June 26, 2007 Lake Worth Christian School (HTEX 07-004) Arianne Neilsen, Land Design South Lake Worth Christian School Society, Inc. 7592 High Ridge Road, east side of High Ridge Road approximately one-half mile north of Miner Road Request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet - 10 inches, an exception of one foot - ten inches (1'-10") above the 30 foot height limit in the R1-M zoning district. Mr. Casaine moved the request for height exception approval to allow a pitched roof for the stair tower at a height of 31 feet, 10 inches, an exception of 1 foot 10 inches above the 30 foot height limit in the R1-M zoning district be approved. Ms. Grcevic seconded the motion that unanimously passed. C. Land Development Regulations Rewrite Group 2 Code Review 1. PROJECT: AGENT: DESCRIPTION: Land Development Regulations (LOR) Rewrite (CDRV 07-004) Group 2 City-initiated Group 2 deliverable (remainder), pursuant to the LDR Rewrite Work Schedule, including: Article 1. Overview; Article 2. General Provisions, Article 3. Zoning Districts & Overlay Zones, and Article 4. Use Regulations, (excluding Use Matrix &Notes). These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. Mr. Casaine complimented staff on the presentation it made at the last meeting. He elaborated it was a good meeting and staff took into consideration questions they had. Mr. Rumpf thanked the members and acknowledged staff sometimes needed the outside input 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2007 due to them working so much within a planning "bubble." Mr. Rumpf explained in reference to prior comments and in discussion with legal staff, when the Code was entered into the Planning Matrix format in the Land Development Code Rewrite, it changed the way the matrix read and it showed the entries as being treated equally. He clarified if an entry was not shown on the matrix, it was not allowed and "not allowed" was construed as synonymous to the word prohibited. Mr. Lis asked if the cells would remain blank. Mr. Rumpf explained all the spaces would be blank regardless of whether it was previously prohibited or not allowed. Any notices or letters in prohibited spaces in the matrix would be removed. Eric Johnson, Planner, discussed Rule 1 pertained to differentiating between a blank cell versus "Prohibited Use". If the direction of the board was to have all cells blank, then note number one would be revised that empty cells would be "Prohibited Uses" except in the PID zoning district and IPUD district. Mr. Lis asked if, "Not Allowed", would be given a definition under "Use" consistent with the other terms listed under "Use." Mr. Johnson explained there would not be a use called "Not Allowed", but would have a definition of "Prohibited Use". Mr. Rumpf explained there would not be a reference or implication that there could be two different definitions of Not Allowed or Prohibited. There would be one definition that would cover the entire item. Mr. Rumpf continued his review of the deliverable and explained they would continue on the project objectives. For this deliverable, he explained the Supplemental Regulations would be addressed in a subsequent group. They were dealing with the Zoning Districts and Related Provisions. The Overview in Chapter 3, Article I, included background text, which, were the narrative, descriptions and the necessary introduction to the base component, which was the zoning map. Article II contained General Provisions, had supporting code text changes in terminology, basic rules, definitions and setting parameters to help clarify the zoning regulations. The Zoning Regulations had no content changes to the majority of the district regulations. He explained they were last updated in 2005 and involved setback regulations, lot regulations and adding administrative adjustment provisions for flexibility pursuant to the prior City Commission's directive. He pointed out there may be additional changes after the downtown visioning process being conducted by the CRA to prepare an updated redevelopment plan for the downtown core was completed. Mr. Rumpf explained the attributes were changed placing standards in a tabular form. Graphics were added. There was enhanced Intent and Description and beneficial references to related regulations were included. They replaced the Land Use Intensity 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2007 analysis with design objectives; however, the exact language would be included in future deliverables. Establishing the new mobile home park planned district and corresponding standards were added, and there were clarifications to the Mixed-Use Pods in the Planned Industrial Development District's were made. Mr. Rumpf asked the board to note numerous mobile home parks or communities were eliminated in the coastal zones. He clarified many of them were older than those existing in the western area and they were replaced or were in process of being redeveloped with more permanent conventional housing. Mr. Rumpf explained on the western area there was a new park with over 400 units annexed into the City. There were over 1,300 units within mobile home communities adjacent or nearly adjacent to the City's border. He explained there might be future parks due to the need for workforce housing. He explained this could help correct some of the non-conforming status. Mr. Rumpf acknowledged there was a mixture of corporate versus individual lot owned parks. Mr. Rumpf had no information on redevelopment of those parks or the continuation or preservation of those districts. The Use Regulations contained conversion of performance standards to apply across the boards to all districts. They presently only applied to the Planned Industrial Development District (PID). The Conditional and Non-Conforming Uses were explained and defined. References to the Processes section were added. Mr. Casaine asked when they would receive the next deliverable. Mr. Rumpf responded the next deliverable, Group III, was scheduled to come before the board next month. Motion Vice Chair Hay moved to approve Group II deliverables. Mr. Casaine seconded the motion that unanimously passed. 8. Other None. 9. Comments by members Ms. Jaskiewicz commented the board had made recommendations regarding the west elevation of the Ocean 95 Project. He asked if the project moved forward with those comments. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 12, 2007 to the residential market's slowdown in 2006. There was limited feasibility to continue the project at this time and the applicant had been unable to secure financing. The developer was working to modify the plan to make the project economically feasible. Mr. Wuebben explained the traffic concurrency was approved with a build-out date of 2007 and the applicant would need to forward an updated concurrency determination letter if this is not accomplished. This condition, as well as the other original conditions, remained in effect. Staff recommended approval of the Site Plan Time Extension subject to all previous conditions of approval, including the traffic concurrency letter as previously discussed. Chair Tillman opened the floor to public hearing. Lauren Lending, for the applicant and Associate of Siegel, Lipman, Duanay, Shephard, and Miskel, LLP, explained the applicant had experienced difficulties, making the lender uncomfortable due to market demands. tvJs. Heavilin referenced the correspondence from Attorney Miskel indicating the applicant would review other alternatives because of funding difficulties and applicants were currently going through the due diligence process for permitted uses under the land use designations. They were also speaking to other entities to ensure the use was feasible and possible. Mr. Sims commented he was concerned. It appeared the developer was starting from scratch. He questioned how realistic if would be if they granted the extension and if they would have a tangible project that moved forward. He announced his view would be very different on the next Site Plan Time Extension if little progress were made. Motion Vice Chair Norem moved to approve. Mr. Myott seconded the motion that unanimously passed. C. Land Development Regulation Rewrite - Group 2 Code Review Agent: Description: Land Development Regulations (LOR) Rewrite - Group 2 (CDRV 07-004) City-initiated Group 2 deliverable (in its entirety), pursuant to the LDR Rewrite Work Schedule, Including: Article 1. Overview; Article 2. General Provisions; Article 3. Zoning Districts &Overlay Zones; and Article 4. Use Regulations. 1. Project: 8 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 12, 2007 These proposed sections will ultimately replace and enhance portions of the current LDR Part, III, Chapter 2 Zoning, Sections 1, 3 through 8.5, 11.2, and Chapter 2.5 Planned Unit Developments. Mike Rumpf, Planning Director, explained the materials he was presenting were the remainder of Chapter 3, Group 2, Zoning District and Overlays. This deliverable would maximize the user friendliness of the product through reorganization, and clarification of unclear, duplicative or antiquated text. He explained the supplemental product for this chapter would be forthcoming with Group 5. Mr. Rumpf reviewed the changes. Mr. Rumpf reviewed Article 1, Overview and explained the majority of the rewrite concentrated on reorganization, clarifying content, intent and purpose sections. There were one or two new sections added, but no substantive information changes, rather the changes were mostly format and display. Article II, General Provisions, described the components that exist in the future chapter. He explained the staff report described the sections of current codes the proposed sections would replace. The emphasis was on terminology and rules. Article III, District and Overlays, focused more on the heart of the issues. These were setback regulations for conventional districts, which were revised in 2005 in an effort to minimize variance requests and accommodate small or individual project expansions. That portion would not be changed. As the changes pertained to the Old High School, he apprised they were also waiting for the results of the visioning process to see if they need ,to make further revisions. The changes were to the existing zoning regulations, district sections, building and lot regulations, and special reduction and administrative adjustments. A tabular format was inserted into the Code for the placement of standards in tabular form. Graphics were added for accent and clarity. There was an enhanced intent and description text added. Emphasis was added to the intent and purpose paragraphs for legal sufficiency; beneficial references to related regulations were made, the Land Use Intensity analysis with design objects were added. New home Planned Development and standards were established; clarifications to Planned Industrial Development, (PIDs) and more specifically in the Mixed Use Pods were also made. Mr. Rumpf advised the tables were more of a one-stop shop and more user friendly. Article IV. covered the use regulations. The operational standards were formerly known as the performance standards. This was being modified to apply City-wide to all uses for all districts rather than just the PID Districts. The conditional uses and non- conforming uses were defined more specifically. The staff recommendation was to promote the draft and continue on schedule. 9 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida June 12, 2007 Ms. Heavilin asked about the Mobile Home Planned Development. She asked where it could be located. Mr. Rumpf explained it was seen as a planned district, similar to a Planned Unit Development or Infill Planned Unit Development. He explained it would require rezoning, and would not be approved outright. He noted there were, in the western area, more substantial and improved mobile home parks than those on the coastal area, which was consistent with the affordable housing initiatives. Those should be preserved in their own zoning district. He spoke about Royal Manor, which exists within the City as a non-conforming project within the zoning district at the time it was annexed. He summarized there was an existing park in the City mobile homes could be placed on and that unincorporated mobile home parks on Lawrence Road and further west, should be preserved from a workforce or affordable housing stand point, as should other parks that want to exist. Chair Tillman opened the floor for public comments. No one coming forward, Chair Tillman closed the floor to public comments. Motion Mr. Myott moved to support of the direction of the zoning regulation modifications. Vice Chair Norem seconded the motion that unanimously passed. VIII. Pulled Consent Agenda Items A. Approval of the Minutes - eRA Board Meeting - May 8/ 2007 Ms. Bright explained page 21 of the minutes reflect staff did not have a funding source for acquisition of Boynton Woman's Club. She explained staff had a recommended source. There were no other corrections. Motion Ms. Heavilin moved approval of Item A. Consent Agenda. Mr. Myott seconded the motion that unanimously passed. B. Approval of the Monthly Financial Report - May 31/ 2007 Mr. Myott noted Assistant Director, Robert Reardon, had resigned and Susan Harris assumed his duties. Mr. Myatt was interested in hearing a brief status report on the state of the finances. Ms. Harris explained normal procedures, in instances when a staff member involved with finances leaves, is to have a financial review. Ms. Harris announced no irregularities, whatsoever, were found. She announced the CRA finances were excellent. 10 Meeting Minutes Recreation & Parks Board Boynton Beach, FL June 25, 2007 Ms. Rivers suggested working with Mr. Mealey on a design for the space. The Board contended a recommendation of the City Manager and City Commission would be required. Chair Pierce-Roe suggested including this issue under "Items for the City Manager's Attention," advising this matter had been discussed for months and the board supported a paintball park and was seeking a recommendation from the City Manager and City Commission. Mr. Majors believed the City Manager would refer the item back to the board. The board could explore Pence Park, and as part of due diligence, offer other options as well. Mr. Orlove withdrew his original motion in order to rephrase the motion. Motion Mr. Orlove moved for staff to pursue with the City Manager, the use of Pence Park as an experimental or pilot program for paintball. Ms. Sloan seconded the motion that passed unanimously. Mr. Mealey thanked the board for its time and consideration. Non-Agenda Item Brian Miller, Chair of the Community Relations Board (CRB), CRB board member Stanley Sorgman, and Bob Pavon, Chairman of the Beautification Committee for Village Royale on the Green, were present. Mr. Miller invited everyone to attend the next CRB meeting scheduled for July 11, 2007, at which time a Gang Task Force presentation would be provided by the Police Department. Mr. Miller advised he wished to discuss the CRB's Pride in Boynton project. Their last project was held on June 16, 2007 and included Clean-up and planting of bushes grown by a Poinciana Heights resident who had donated 20 bushes, which the group planted. Mr. Miller noted the lack of trash receptacles in the City. Beginning in the fall, Galaxy and Poinciana Elementary Schools would have their own garden on school property. Mr. Miller advised the eRB would be donating additional plantings to the schools in the fall. Chair Pierce-Roe suggested Mr. Miller search the Internet for the "Outdoor Alabama" site. It provided a wealth of information that would be valuable to school students. 4 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 0 An nou ncements/Presentations 0 NATURE OF 0 Administrative 0 AGENDA ITEM 0 Consent Agenda 0 0 Code Compliance & Legal 0 Settlements ~ Public Hearing 0 0 Requested City Date Final Form Must be Commission Meetinq Turned in to City Clerk's Dates Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 May 1, 2007 April 16, 2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) Requested City Commission Meetina Dates Date Final Form Must be Turned in to City Clerk's Office 0 June 19,2007 0 July 3, 2007 [8l July 17, 2007 0 August 7, 2007 June 4, 2007 (Noon) June 18,2007 (Noon) :~ July 2, 2007 (Noon) I July 16, 2007 (Noon) 1'...:' City Manager's Report c New Business Legal c: Unfinished Business RECOMMENDATION: That the Commission consider for approval the recommendations of the Community Development Block Grant review committee for funding activities in preparation of the City of Boynton Beach's Five Year Consolidated/One Year Action Plan for FY 200712008, as part of the Five Year Consolidated Plan. The anticipated 2007/2008 Community Development Block Grant allocation is $543,483. EXPLANATION: The City Of Boynton Beach is in its eleventh year of receiving Federal Grant Funds. The Acton Plan is being developed with activities listed that show how the use of these funds will address the needs of the Community. Proposals were received as a result of public advertisement, with a workshop held for the purpose of explaining the program and eligibility requirements. The following represents the committee that reviewed the applications: Beverly Agee Angela Girtman Attorney Palm Beach County School District Teacher/ Director Treasure Chest Pre-School Palm Beach County School District Teacher Myra Jones PROGRAM IMPACT: The Community Development Block Grant (CDBG) Program's purpose is to help the City of Boynton Beach meet the needs of its lower income residents by offering a wide range of Community Development Activities. These include, but are not limited to, infrastructure improvements, family development. public services, housing and recreational needs, as well as fund administration by the City. Seven proposals were received and evaluated by the committee and the results are as follows: Aid to Victims of Domestic Abuse, Inc. -To provide funding for one-half of the salary and benefits of an intervention Specialist to work with children affected by domestic abuse to help them overcome their fears and learn how to live in safety. The Intervention Specialist will conduct presentations in schools designed to prevent domestic violence with a program that produces positive, measurable results, and will provide individual and group counseling to children as needed. Funding Request $15,000 Committee Recommendation $10,000 (*Public Service) S:\Community Improvement\Agenda Requests\2007\CC7-17 CDBG Recommendations.doc City Of Boynton Beach Agenda Memoranda Page 2 of 3 June 28, 2007 Boynton Beach Faith Based Community Development Corp. - Agency requests funding to provide for salaries for the Assistant Director, Homebuyer Counselor and the Youth Counselor. The agency proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing program, as well as other ongoing community development initiatives. Funding Request $97,142 Committee Recommendation $80,000 Community Caring Center - Agency requests funding to provide for staffing costs and other administrative costs related to the program, i.e. utilities, mortgage assistance, insurance and accounting services. Agency provides mortgage and rent payments, medication assistance, food and food vouchers, and direct emergency social services to seniors, to name just a few. *Funding Request $60,000 Committee Recommendation $55,000 (*Public Service) Fair Housing Center of the Greater Palm Beaches - Agency provides federally mandated fair housing education to private citizens, financial institutions, realtors, and homeowner and condo associations. *Funding Request $10,000 Committee Recommendation $5,000 (*Public Service) Kids In Distress, Inc. - Agency provides services to families at risk of having their children removed from their home for potential abuse and neglect. Services are provided at the families' convenience. Agency proposes to enhance their services in Boynton Beach by funding a social worker position for 60- 100 families. However, the general consensus of committee was that while it was a worthy program its focus was Broward County. There was no documentation substantiating history in Boynton Beach, and benefit to target area. Funding Request $54,213 Committee Recommendation $-0- Palm Beach County Resource Center [Economic Development) - Agency proposes to continue to support Economic Development within the City of Boynton Beach by providing technical support to upstart and existing businesses by preparing business loan plans, packaging loans, assisting with grant preparations, marketing assistance, and other related services. Funding Request $36,000 Committee Recommendation $30,000 R. M. Lee Community Development Corp. - Agency proposes to carry out neighborhood revitalization and community economic development projects in the Heart of Boynton, partner with other Community Based Development Organizations, establish aftercare and tutorial programs, youth job skills development and partner with business incubators. Funds requested for hiring of Executive Director/Project Manager, Project Consultant, and Administrative/Program Assistant. Funding Request $65,000 Committee Recommendation $60,000 S:\Community Improvement\Agenda Requests\2007\CC7-17 CDBG Recommendations.doc City Of Boynton Beach Agenda Memoranda Page 3 of 3 June 28, 2007 Summary: Sub-gra ntee funding....................................................................................................................... .................. $240,000 Planning & Grant Administration ......................................................................................................................108,696 Rehabilitation Delivery .......... ............ ....... ...... .................... ..... ...... ...... ....... .......... ............ ..... .... ... ...... .... ... ..... ..... 100,000 Housing Rehabilitation.................................................................................................................. ........................83,265 *Summer Camp Scholarships (*Public Service) ................................................................................................ 11 ,522 TOT A L .................................................................................................................................... ........................ $543,483 FISCAL IMPACT: The City Of Boynton Beach expects to receive $543,483 for this program to continue its Community Development efforts. ALTERNATIVES: The City Of Boynton Beach would have to use ad valorem dollars, discontinue its revitalization efforts. ~ ~ City Manager's Signature Departm Community Improvement Division Department of Development S:\Community Improvement\Agenda Requests\2007\CC7-17 CDBG Recommendations.doc Aid To Victims of Domestic Abuse, Inc. CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 4 4 Maximum Points: + 10 3a. Activity - Need 15 10 13 Maximum Points: + 15 3b. Activity/Justification 5 3 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 8 10 10 Maximum Points: + 10 5. Activity Management and Implementation 16 20 18 Maximum Points: + 20 6a. Experience 10 10 9 Maximum Points: + 10 6b. Past Performance 9 10 10 Maximum Points: + 10 I 7. Matching Contributions 20 20 20 Maximum Points: + 20 8. Self Sufficiency 0 -2 -5 Maximum Points: -5 9. Application Completeness 5 5 4 Maximum Points: + 5 TOTAL POINTS AWARDED 97 95 89 Average score = 93 s.\ Comm\'Jnity Improverrrent\ CDBG\'Forms\2007\ TRC MasterScore 2007 Agenda .doc Boynton Beach Faith-Based Community Development Corporation CATEGORIES/MAX POINTS Beverly Angela Myra Aaee Girtman Jones 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 9 10 10 Maximum Points: + 10 3a. Activity - Need 15 15 15 Maximum Points: + 15 3b. Activity / Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 8 10 8 Maximum Points: + 10 5. Activity Management and Implementation 19 20 18 Maximum Points: + 20 6a. Experience 10 7 10 Maximum Points: + 10 6b. Past Performance 10 5 10 Maximum Points: + 10 7. Matching Contributions 20 10 18 Maximum Points: + 20 8. Self Sufficiency 0 -5 -5 Maximum Points: -5 9. Application Completeness 5 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 106 87 99 Average score = 97 $:\0'offim0T1ii1y :lmf:)rGv€irnoo~\'C'DitrG\IP01ms\~7\1i1RZ::: Mm~et'S<;:Gf'e ~7 ~i1rda.doc Community Coring Center CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 7 10 10 Maximum Points: + 10 3a. Activity - Need 15 15 15 Maximum Points: + 15 3b. Activity / Justification 5 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 6 10 10 Maximum Points: + 10 5. Activity Management and Implementation 15 20 20 Maximum Points: + 20 6a. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 10 10 10 Maximum Points: + 10 7. Matching Contributions 20 20 20 Maximum Points: +20 8. Self Sufficiency 0 0 r- Maximum Points: -5 -0 9. Application Completeness 5 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 98 110 105 Average score = 1 04 $: \C:ornm\JJnity !Improveme!ht\ C{)!B(;\!Forrns\!2O(}7\ ![iRC: 'M<isteTScoTe:2007 ~~er1lQJa.d{)c Fair Housing Center of the Greater Palm Beaches, Inc. CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to Low/Moderate Income Persons 0 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 5 7 8 Maximum Points: + 10 3a. Activity - Need 1 1 15 13 Maximum Points: + 15 3b. Activity/Justification 4 5 5 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 8 7 8 Maximum Points: + 10 5. Activity Management and Implementation 20 20 15 Maximum Points: + 20 6a. Experience 10 10 9 Maximum Points: + 10 6b. Past Performance 10 10 10 Maximum Points: + 10 7. Matching Contributions 20 20 15 Maximum Points: + 20 8. Self Sufficiency 0 0 -5 Maximum Points: -5 9. Application Completeness 2 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 90 104 88 I I Average score = 94 '$:\ c'Ommooity illf\Pr<lve'i'lyen1t\COOG\fPGfIM'S\::zOO7\l[iR"C 1~'S~re :lOO;Y~f'!(oo.<i<x:: Kids In Distress CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 4 0 2 Maximum Points: + 10 3a. Activity - Need 12 10 15 Maximum Points: + 15 3b. Activity/Justification 1 5 3 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 4 5 10 Maximum Points: + 10 5. Activity Management and Implementation 15 15 20 Maximum Points: + 20 6a. Experience 10 10 10 Maximum Points: + 10 6b. Past Performance 0 5 10 Maximum Points: + 10 7. Matching Contributions 1 20 18 Maximum Points: + 20 8. Self Sufficiency 0 0 -4 Maximum Points: -5 9. Application Completeness -1 2 5 Maximum Points: + 5 TOTAL POINTS AWARDED 51 77 94 . . , Average score = 74 $'\ Comnt'luHity 'li1'r1IP'roveme\1i~\OlYfl(G\IFornt'ls\'2007\ vRC !MGlster$eore -2007 Nge~.doc Palm Beach County Resource Center CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to Low/Moderate Income Persons 5 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 4 3 5 Maximum Points: + 10 3a. Activity - Need 15 15 10 Maximum Points: + 15 3b. Activity/Justification 3 3 3 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 4 7 8 Maximum Points: + 10 5. Activity Management and Implementation 18 15 15 Maximum Points: + 20 6a. Experience 10 10 8 Maximum Points: + 10 6b. Past Performance 10 10 8 Maximum Points: + 10 7. Matching Contributions 20 20 18 Maximum Points: + 20 8. Self Sufficiency 0 -2 -3 Maximum Points: -5 9. Application Completeness 5 2 5 Maximum Points: + 5 TOTAL POINTS AWARDED 94 91 82 I Average score = 89 $:\'0ommool1y U~ovemen~\(:l)IYG\Ponns\~1\1[1RiC ,7V'tos~ ~7 A~"'4l..!(tQfC R. M. Lee Community Development Corporation CATEGORIES/MAX POINTS Beverly Angela Myra Agee Girtman Jones 1. Benefit to Low/Moderate Income Persons 4 5 5 (National Objective Preference) Maximum Points: + 5 2. Benefit to Target Area 10 10 10 Maximum Points: + 10 3a. Activity - Need 15 15 13 Maximum Points: + 15 3b. Activity/Justification 5 5 3 Maximum Points: + 5 4. Cost Reasonableness and Effectiveness 8 10 10 Maximum Points: + 10 5. Activity Management and Implementation 14 20 15 Maximum Points: + 20 6a. Experience 4 10 8 Maximum Points: + 10 6b. Past Performance 3 10 8 Maximum Points: + 10 7. Matching Contributions 15 200 15 Maximum Points: + 20 8. Self Sufficiency -2 0 -2 Maximum Points: -5 9. Application Completeness 2 5 5 Maximum Points: + 5 TOTAL POINTS AWARDED 78 Average score = 92 s: \Corn m0nitylmprovemen~\Ct)'B(;\!F()rms\2007\ vRC MCls~ers'CGre200'l'Aget'1lOO.<JI()C 110 90 V' . /r"-? . -I'- ~',.." h ":'1(.;' ::.:....,U..iNT~~\~. '=a,* ;OO*Gl \ II j Go~""DE.;t..\".Of( u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-7000 COMMUNITY PLANNING AND DEVELOPMENT March 8, 2007 P?~@~aw ~@ MARf 6 2OL.' . '\IIMU....' 'Iv .', 'jVEM~7 eG-o . ,.,-- --;-L. . .. 0 ~N" t't r ,y ""1\""";t"'C _ I I ~....-.." ~ C'C~\.:\. ~ ,.u }.y"I. ,-; I ..,-- j_/.{_c.;7 .' r ASSISTANTSEC~ETARY FOR The Honorable Gerald Taylor Mayor of Boynton Beach 100 E Boynton Beach Boulevard Boynton Beach, FL 33435 Dear Mayor Taylor, I am pleased to inform you that the Department of Housing and Urban Development's Fiscal Year (FY) 2007 budget has been enacted and signed by the PresidenL This letter provides your FY 2007 allocations for the Office of Community Planning and Development's (CPD) formula programs: Community Development Block Grants (CDBG); HOME Investment Partnerships; the American Dream Downpayment Initiative (ADDI); Housing Opportunities for Persons with AIDS (HOPW A); and Emergency Shelter Grants (ESG). These programs provide funding for housing, community and economic development, and assistance for special populations across the country. HUD's budget for FY 2007 is included in Revised Continuing Appropriations Resolution, 2007 (p.L. 110-5). While overall funding levels for CPO's formula programs in FY 2007 have been effectively held at the levels provided in FY 2006, grantees may experience changes in individual allocations from FY 2006 to FY 2007 due to factors such as demographic changes and the addition of new qualified grantees. Also, the amounts available include reallocated funds in the CDBG and HOME programs. The following amounts reflect the level of funding available for these programs in your community: Community Development Block Grant HOME Investment Partnerships American Dream Downpayment Initiative Housing Opportunities for Persons with AIDS Emergency Shelter Grants $543,483 $0 $0 $0 $0 HUD continues to emphasize the importance of effective performance measurements in all of its formula grant programS. On March 7,2006, HUD published a final Federal Register Notice titled, "Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs." The provisions of this Notice are fully in effect and integrated into the existing CPD Integrated Disbursement and Information System (IDIS). For FY 2007, all grantees must identify objectives and outcomes for all activities in their Consolidated Plan or annual Action Plan submission. Grantees must report outcome indicators for all open activities in IDIS and assess their performance toward achieving their objectives and 2 outcomes in their Consolidated Annual Performance and Evaluation Report. It is vitally important that HUD have complete performance measurement data to report to Congress at the end ofFY 2007. Your ongoing attention to ensuring complete and accurate reporting of performance measurement data will be crucial to HUD's ability to demonstrate the effectiveness of its formula grant programs. I look forward to continuing our partnership to assist lower income residents in your community. As always, HUD is available to provide any assistance you require in implementing your programs. If you or any member of your staff has questions, please contact your local CPD Office Director. Sincerely, --- --------- ~~~ -fl. ;!~ ( Pamela H. Patenaude Assistant Secretary 7/1/05 I I ~---"--'~ i Salary $ 12,077 I ---~.- Benefits ,$ 2.923 I -~==~_====~-.I==--=---------==== Subtotal I S Proposed 07/08 Budget & Description ~!1'1 Current Budget & Description 06/07 ---,ill I !-- :,,1, $ 1 2.062 I -;:,Ir----~----- il" $ 2,938 I ~1j,r.-'----;-----~- ----- ---~ 15,000 ;i___~L~5.00~____ Agency Description __---l----- AVDA I. Intervention Specialist 1/2 -------_.~---~-----_. ,Y outh Coordinator I Deputy Director Salary Homebuyer Counselor ,Health Insurance --.-..---.-- --+--.--. Audit Salary '$ 20.000 I -": Salary $ 30,000! ----+---~-~._~._--~ Salary '$ 36,050 ------_ . ----TY 7,092' ------=1=-- $ 4,000 , i Subtotal S '''~$ .& ~ $ ,I' $ -n .IlFBCDC ~~~i 97,142 ~' -_.---~-~~-- ~--~. 27.500 I 31,000 4.000 Community Caring Center ___~alaries (25% at Directors. 4 part-time inta~[ . __Sala;" .. 'I $_~- I~P' 35.400, Ut,l,es ------t-- __ $ 3.033 ;; $ 1.000 Worker's Comp Insurance ' I:: I Insurances I -- . * 5.500 I lt$ 9.000 =-------iAudit==r------==~~ tli$ 3.000 i =- -tMortgages . I,. i $ so:: : $ .."J!'. '000 : s ~_----- ---L-- III. 2,116 I 1,539 I Fair Housing Center ,Program Director : Fair Housing Specialist FICA Workers Compensation : Office Space Rental $ 4.616, f$ I: 4.~~~ I : r"'1;~ $ 73 ~, $ 73 _ ' $ 610 i I: $ 610 i _~__--..-i Subto~~OOO ~i,___l1 Salary ~- 662 I -- .- S 62.500 I -- .- i I 49.400 I ! I .- I 5,000 I ~~_.__.__.~--~- 1;-------,-.-----;---- j)f;,~~ I , Kids In Distress Personnel Expenses \ Other Expenses Benefits ._______Salaries $ 32.763 I ____~ 14.219 I $ 7.231 I Subtotal S 54.213 IF -.---..-. ----1-_.. --_.,-~---~-"'--'--- .--- ._~ PBC Resource Center Initial Program Setup Cost 1--------_. Plans Room Update & Opportunity Identification I Loan/Certifcafion/Bond/lncorporations ISemirlOr/Event Setup Costs I Mailings, Coordinafion & Outreach __ -=-~~-==----=_Promotional Costs & Professional Fees ---.------ $ 4,000 I $ 2,500 I : $ 22.500 $ 2.500 $ 2,000 $ 1,500. L-- ____ -- -- T.-' I :~,1' ,* ~~t $ -ilf $ f$ ~~~ I~ I 4.000 2.500 -18,506-- f--- I S --I' ._..---: -=r_ Subtotal S ~-~- :1 35,ooo1~:~- -- I I I 25,000 I I ----' ~_CDC -' Ii ,$ '$ 1$ 1$ $ $ , $ .~-~~-==~$ I 20,000 19,000 5,000 I 4,310 I 3,500 I 1.500L. 2,000 4,500 1.190 4,000 -- - .l\~ i ;~:~~~ I J- u'. . ",1lJ .1 ;1 $ 4.000 I a: I Executive Director/Project Manager I, Administrative/Program Assistant I Project Consultant , Benefits iTelephone ______ I Postage _ ,Accounfing & Auditng _ .___' Auditing _.____.____ ___I Jfomputer Services ______ I Insurance _____.__ ,Project. Soft Costs I I Subtotal I S Grand Total. S -~~-- ~::~~ ~-$13.000 1 65,000 iI~- r S 336,355 :!\ S ---~- I i I I I 72,000 I 228,900 ..,..,j S:\Community Improvement\CDBG\2007\Funds Distribution per Agency lX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office 0 April 17, 2007 April 2, 2007 (Noon.) 0 June] 9,2007 June 4, 2007 (Noon) 0 May I, 2007 April 16,2007 (Noon) 0 July 3. 2007 June 18, 2007 (Noon) 0 May 15, 2007 April 30, 2007 (Noon) C8J July 17,2007 July 2, 2007 (Noon) 0 June 5, 2007 May 14, 2007 (Noon) 0 August 7, 2007 July 16. 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda C8J Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Select either the 3-block or the 4-block water and sewer rate structures as presented on the attached tables. EXPLANATION: The City Commission has identified the need to alter the City's water and wastewater rates, beginning October 1, 2007, and has the option of implementing a water rate structure that includes 3 rates based upon consumption (Le. the 3-block structure), or one that includes 4 rates based upon consumption (i.e. the 4-block structure). A discussion of both alternatives is presented in the attached staff report. PROGRAM IMP ACT: The choice of rate structure will effect future water usage, either positively or negatively. FISCAL IMP ACT: Water sales revenues shall be approximately the same, regardless which alternative rate block structure is selected. AL TERNA TIVES: 1. Choose the 4-block structure- Alternative 1 2. Choose the - ock structure - Alternative 2 ~ re Assistant to City Manager UTILITIES Department Name City Attorney / Finance XC: Peter Mazzella (w/copy of attachment) City Attorney Finance File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MEMORANDUM UTILITIES DEPARTMENT TO: ~ ,.,' , .:' /', /,. ---~- 1'-...7 I /;;, ,IV\.-,\' - ~../'X., Kofi Boateng, P.E., Director orUlililics l:~ . .. " Peter Mazzella, Deputy Director of Utilities .::z c, I" , I ,i C > FROM: DATE: July 6, 2007 SUBJECT: Water Rate Alternatives Comparison Report The rate structure options requested for review by the City Commission reflect two opposing philosophies that have been prevalent in the area of utility rates. The one, namely the 4- block rate structure, is closer to the City's current rate structure philosophy in that it maintains the lowest possible rates at a subsistence level of usage. Sometimes termed a "lifeline" rate, this structure includes a rate block of 0-9000 gallons per month which encompasses the vast majority of single-family and multi-family units. The 4-block structure has a rate of $1.16/ 1000 gallons, which is only 1 cent above the current rate, in the lowest 0- 9,000 gallon block. The second block of 10-30,000 gallons has a new rate of $2.07/ 1000 gallons as compared to the current $1.96 rate. This represents an increase of 11 cents/lOOO gallons [or users within this mid-range block. The subsequent rate block of 31-50,000 gallons mirrors the current rate $2.75/ 1000 gallons for that level of usage, but is followed by an additional rate block of51,000 and greater, at the rate of$3.39/ 1000 gallons which would apply to the largest water users. This type of rate structure may be termed a "conservation rate" or an inverted block rate, for it encourages conservation by increasing the unit cost for water as one progresses from the lowest to the highest block. The alternate structure of 3 rate blocks is designed to favor the mid-level consumer of between 10-30,000 gallons per month, by actually lowering the incremental rate for that block from $1.96 /1000 gallons down to $1.50 / 1000 gallons, while also raising the rate for users in the lowest rate block. Such a rate would actually encourage users in the 10-30,000 rate block to maintain their current usage volumes. Users in the 31-50,000 block would be charged the same as the current rate for that usage, and the largest consumers using 51,000 gallons or more would be charged at the highest rate of $3.39/ 1,000 gallons. Minimal users now in the 0-9,000 gallon block will be required to pay significantly higher rates under this scenano. The 4-block scenario would effectively spread increases to all users, and provide a gradually increasing rate from the lowest block to the highest, with the greatest increase to those users in the 4th rate block. The 3-block scenario, as evidenced on the attached chart, would increase the rate to the users in the lowest block, while granting either a decrease, or a relatively lower increase to the users in the higher blocks. In fact, the 3-block scenario will actually give an overall reduction in water charges for residential consumers of 17,000-59,000 gallons per month, when compared to current rates. We at the staff level are not aware of any justification for singling out users in this consumption range for a rate decrease, when all others are facing a rate increase. The following table is provided indicating the amounts and percentage difference in charges for residential users of 1,000 to 100,000 gallons per month. 2 Based upon the seasonal population usage from Jan. 2007, the percentage of single-family and commercial users in each rate block is as follows: 4-Block Scenario 0-9,000 gallons 10- 30,000 gallons 31-50,000 gallons > 50,000 gallons Single Family 75.5% 20.1% 3.0% 1.5% Commercial 60.0% 19.1 % 6.4% 14.0% 3-Block Scenario 0-30,000 gallons 31-50,000 gallons > 50,000 gallons 95.6% 3.0% 1.5% 79.7% 6.4% 14.0% It is clear from this table that the majority of our users, both single-family and commercial, consumed less than 9,000 gallons per month of water. A small increase in rate for that block will yield a significant amount of additional revenue. For single-family, only 4.5% of our users consumed greater than 31,000 gallons per month, so a relatively large increase in rate for those users, though they use considerable water, will yield relatively little increase in overall revenue. For commercial users, the distribution is not quite as drastic. Only 60% of the commercial users consume 9,000 gallons per month or less, whereas 19.1 % fall within the 10-30,000 gallon range, 6.4% are within the 31-50,000 gallon range, 14% of commercial consumers use 51,000 gallons or more per month. Several of our largest commercial users, such as Bethesda Hospital and high schools, regularly consume more than 1 million ga!!ons per month. Commodity charges, however, constitute only a portion of the water revenues earned by the City each year. A significant amount of revenue is earned through the Base Facility Charge that is levied on each account or dwelling unit each month. This charge, also termed service charge, facility fee, capacity charge, or customer charge by other utilities, is independent of usage, but may vary by customer type (residential vs. commercial), or meter size. A.. conservation philosophy would encourage a low to moderate base facilities charge, low commodity rates for minimal users, escalating to higher rates for those that consume more. A "lifeline" philosophy would encourage a minimal base facility charge, a very low commodity rate for a minimal amount of water, followed by escalating rates for each subsequent rate block. A "flat" rate philosophy would charge the same commodity rates to all. Lastly, a "declining block" rate would actually charge larger users a lower commodity rate as they consumed more water. These last two philosophies have generally fallen into disuse in the water industry over the past two decades, in favor of a conservation or lifeline rate. The following rate schedules from the City of West Palm Beach Utilities, Palm Beach County Water Utilities, City of Delray Beach Utilities and City of Boca Raton Utilities all '" J utilize a rate schedule that increases the commodity cost as usage increases. Some have as few as three (3) rate blocks (Boca Raton), some as many as six (6) rate blocks (West Palm Beach). The rates vary significantly from block to block, and from one utility to the next. Please note that West Palm Beach bills in units of water measured in hundred cubic feet increments, rather than gallons. All others, including Boynton Beach, bill in units of 1,000 gallons. Some of the other utilities also levy an account charge, per bill, ranging from $1.94 to $4.39. The City of Boynton Beach does not levy an account charge. Base Facility Charges (residential) for these utilities range from a low of $4.40 (Boynton Beach proposed) up to $15.07 (Boca Raton). Commercial Base Facility Charges vary greatly, with some based upon meter size. Base Facility Charge revenues are highly predictable, being directly related to the number of units connected to the water system. With such a highly predictable and reliable source of income, those utilities employing a higher Base Facility Charge are not as dependent upon commodity rates, and therefore tend to have lower commodity rates. A clear example of this is Boca Raton, which in fact exhibits a per capita water consumption which is approximately twice the value for Boynton Beach. SUMMARY In making the choice between the two alternatives rates now being considered, the City and the Commission has the opportunity to make a policy statement as to how it plans to manage its available water resources. In selecting a rate that promotes conservation, (i.e. the 4-block rate) the City will issue a strong message in favor of the prudent use of natural resources; a message that is consistent with its position of the past 17 years. If, however, the 3-block rate is selected, then the message is somewhat different and may actually promote higher water consumption among certain classes or levels of users. Attachments XC: Peter Mazzella Michael Low Barbara Conboy Chris Roschek File 4 (/) Q) ::::l "C Q) .t: (,) en ~ (,) o CO Q) - C'lI c:::: Q) > .. C'lI c: ... Q) - .t:<( (,) C'lI"C Q) c: CO C'lI c:"C o Q) - (/) c: 0 >-c. o 0 CO ... _0.. o I Z-Cii .- > U Q) ....J Q) C) C'lI (/) ::> >- CO ~ CO ... Q) (/) ::> "C Q) - (,) Q) '0 ... 0.. :--+ , ....J I I ~ ! o : ~ g I ....J I CY I C") I ill ....J ~ o ill :r: U (f) ~ u o ....J co I ~ I I I , ~--I I I I I I o L{) ("') fh o o ("') fh oo~ L6 176 ~6 88 98 (;8 6L 9L U l OL ~ L9 t l 179 ~9 89 lil c 0 99 "iij ~ F (;9 - 0 III .617 "'0 c C1l 917 III :J 0 , J: l S17 f- ~ 017 i LS l t 17S L ~S l g, 92: a 6~ 9~ 0 O~ L 17 0 0 0 0 L{) fh '<'" fh fh o L{) N fh o o N fh o L{) '<'" fh 11!8 RA TE AL TERNA T1VES COMPARISON CURRENT RATE 3-BLOCK SCENARIO 4-BLOCK SCENARIO () o ::J '" " 3 ;a 0' ::J () "' Ci3 =< OJ ~ '" ." '" ~ -< () ~ '" Current commodity commodity Percent Difference change of 3- between block rate current rate 3-Block rate vS.current and 3'block 4-Block Rate Percent change of 4. block rate vS.current Difference between current rate and 4-block .a rate cosUmonth Current bill ootion rate rate Ootlon rate rate 1 $4.00 $1.15 $115 $5.15 $5.90 14.56% $0.75 5.56 7.96% $0.41 2 $4.00 $1.15 $2.30 $6.30 $7.40 17.46% $1.10 6.72 6.67% $0.42 3 $4.00 $1.15 $3.45 $7.45 $8.90 19.46% $1.45 7.88 5.77% $0.43 4 $4.00 $1.15 $4.60 $8.60 $10.40 20.93% $1.80 9.04 5.12% $0.44 5 $4.00 $1.15 $5.75 $9.75 $11.90 22.05% $2.15 10.2 4.62% $0.45 6 $4.00 $1.15 $6.90 $10.90 $13.40 22.94% $2.50 11.36 4.22% $0.46 7 $4.00 $1.15 $8.05 $12.05 $14.90 23.65% $2.85 12.52 3.90% $0.47 8 $4.00 $1.15 $9.20 $13.20 $16.40 24.24% $3.20 13.68 3.64% $0.48 9 $4.00 $1.15 $10.35 $14.35 $17.90 24.74% $3.55 14.84 3.41% $0.49 10 $4.00 $1.96 $12.31 $16.31 $19.40 18.95% $3.09 16.91 3.68% $0.60 11 $4.00 $1.96 $14.27 $18.27 $20.90 14.40% $2.63 18.98 3.89% $0.71 12 $4.00 $1.96 $16.23 $20.23 $22.40 10.73% $2.17 21.05 4.05% $0.82 13 $4.00 $1.96 $18.19 $22.19 $23.90 7.71% $1.71 23.12 4.19% $0.93 14 $4.00 $1.96 $20.15 $24.15 $25.40 5.18% $1.25 25.19 4.31% $1.04 15 $4.00 $1.96 $22.11 $26.11 $26.90 3.03% $0.79 27.26 4.40% $1.15 16 $4.00 $1.96 $24.07 $28.07 $26.40 1.18% $0.33 29.33 4.49% $1.26 17 $4.00 $1.96 $26.03 $30.03 $29.90 -0.43% -$0.13 31.4 4.56% $1.37 18 $4.00 $1.96 $27.99 $31.99 $31.40 -1.84% -$0.59 33.47 4.63% $1.48 19 $4.00 $1.96 $29.95 $33.95 $32.90 .3.09% -$1.05 35.54 4.68% $1.59 20 $4.00 $1.96 $31.91 $35.91 $34.40 -4.20% -$1.51 37.61 4.73% $1.70 21 $4.00 $1.96 $33.87 $37.87 $35.90 -5.20% -$1.97 39.68 4.78% $1.81 22 $4.00 $1.96 $35.83 $39.83 $37.40 -6.10% -$2.43 41.75 4.82% $1.92 23 $4.00 $1.96 $37.79 $41.79 $38.90 -6.92% -$2.89 43.82 4.86% $2.03 24 $4.00 $1.96 $39.75 $43.75 $40.40 -7.66% -$3.35 45.89 4.89% $2.14 25 $4.00 $1.96 $41.71 $45.71 $41.90 -8.34% -$3.81 47.96 4.92% $2.25 26 $4.00 $1.96 $43.67 $47.67 $43.40 -8.96% -$4.27 50.03 4.95% $2.36 27 $4.00 $1.96 $45.63 $49.63 $44.90 -9.53% -$4.73 52.1 4.98% $2.47 28 $4.00 $1.96 $47.59 $51.59 $46.40 -10.06% -$5.19 54.17 5.00% $2.58 29 $4.00 $1.96 $49.55 $53.55 $47.90 -10.55% -$5.65 56.24 5.02% $2.69 30 $4.00 $1.96 $51.51 $55.51 $49.40 -11.01% -$6.11 58.31 5.04% $2.80 31 $4.00 $2.75 $54.26 $58.26 $52.15 -10.49% -$6.11 61.06 4.81% $2.80 32 $4.00 $2.75 $57.01 $61.01 $54.90 -10.01% -$6.11 63.81 4.59% $2.80 33 $4.00 $2.75 $59.76 $63.76 $57.65 -9.58% -$6.11 66.56 4.39% $2.80 34 $4.00 $2.75 $62.51 $66.51 $60.40 -9.19% -$6.11 69.31 4.21% $2.80 35 $4.00 $2.75 $65.26 $69.26 $63.15 -8.82% -$6.11 72.06 4.04% $2.80 36 $4.00 $2.75 $68.01 $72.01 $65.90 -8.48% -$6.11 74.81 3.89% $2.80 37 $4.00 $2.75 $70.76 $74.76 $68.65 -8.17% -$6.11 77.56 3.75% $2.80 38 $4.00 $2.75 $73.51 $77.51 $71.40 -7.88% -$6.11 80.31 3.61% $2.80 39 $4.00 $2.75 $76.26 $80.26 $74.15 -7.61% -$6.11 83.06 3.49% $2.80 40 $4.00 $2.75 $79.01 $83.01 $76.90 -7.36% -$6.11 85.81 3.37% $2.80 41 $4.00 $2.75 $81.76 $85.76 $79.65 -7.12% -$6.11 66.56 3.26% $2.80 42 $4.00 $2.75 $84.51 $88.51 $82.40 -6.90% -$6.11 91.31 3.16% $2.80 43 $4.00 $2.75 $67.26 $91.26 $85.15 -6.70% -$6.11 94.06 3.07% $2.80 44 $4.00 $2.75 $90.01 $94.01 $87.90 -6.50% -$6.11 96.81 2.98% $2.80 45 $4.00 $2.75 $92.76 $96.76 $90.65 -6.31% -$6.11 99.56 2.89% $2.80 46 $4.00 $2.75 $95.51 $99.51 $93.40 -6.14% -$6.11 102.31 2.81% $2.80 47 $400 $2.75 $98.26 $102.26 $96.15 -5.97% -$6.11 105.06 2.74% $2.80 48 $4.00 $2.75 $101.01 $105.01 $98.90 -5.82% -$6.11 107.81 2.67% $2.80 49 $4.00 $2.75 $103.76 $107.76 $101.65 -5.67% -$6.11 110.56 2.60% $2.80 50 $4.00 $2.75 $106.51 $110.51 $104.40 -5.53% -$6.11 113.31 2.53% $2.80 51 $4.00 $2.75 $109.26 $113.26 $107.79 -4.83% -$5.47 116.7 3.04% $3.44 52 $400 $2.75 $11201 $116.01 $111.18 -4.16% -$4.83 120.09 3.52% $4.08 53 $4.00 $2.75 $114.76 $118.76 $114.57 -3.53% -$4.19 123.48 3.97% $4.72 54 $4.00 $2.75 $117.51 $121.51 $117.96 -2.92% -$3.55 126.87 4.41% $5.36 55 $4.00 $2.75 $120.26 $124.26 $121.35 -2.34% -$2.91 130.26 4.83% $6.00 7/6/2007 Boynton Rate Model-Apr1307 CIP(AB) - 80% CIP (3) Change in Rate Structure (2) CURRENT RATE 3-BLOCK SCENARIO 4-BLOCK SCENARIO " ~ 3 "- 6 " ~ (ti 2- CD e: '" " 0> g -< " :::r 0> Current commodity commodity 3.Block rate Percent Difference change of 3. between block rate current rate vS.current and 3.block 4.Block Rate Percent change of 4- block rate vS.current Difference between current rate and 4-block <3 rate cosUmonth Current bill anti an rate rate Ootion rate rate 56 $4.00 $2.75 $123.01 $127.01 $124.74 -1.79% -$2.27 133.65 5.23% $6.64 57 $4.00 $2.75 $125.76 $129.76 $128.13 .1.26% -$1.63 137.04 5.81% $7.28 58 $4.00 $2.75 $128.51 $132.51 $131.52 -0.75% -$0.99 140.43 5.98% $7.92 59 $4.00 $2.75 $131.26 $135.26 $134.91 -0.26% -$0.35 143.82 6.33% $8.56 60 $4.00 $275 $134.01 $138.01 $138.30 0.21% $0.29 147.21 6.67% $9.20 61 $4.00 $2.75 $136.76 $140.76 $141.69 0.66% $0.93 150.6 6.99% $9.84 62 $4.00 $2.75 $139.51 $14351 $145.06 1.09% $1.57 153.99 7.30% $10.48 63 $4.00 $2.75 $142.26 $146.26 $148.47 1.51% $2.21 157.38 7.60% $11.12 64 $4.00 $2.75 $14501 $149.Q1 $151.86 1.91% $2.85 160.77 7.89% $11.76 65 $4.00 $2.75 $147.76 $151.76 $155.25 2.30% $3.49 164.16 8.17% $12.40 66 $4.00 $2.75 $15051 $154.51 $158.64 2.67% $4.13 167.55 8.44% $13.04 67 $4.00 $2.75 $153.26 $157.26 $162.03 3.03% $4.77 170.94 8.70% $13.68 68 $4.00 $2.75 $156.01 $160.Q1 $165.42 3.38% $5.41 174.33 8.95% $14.32 69 $4.00 $2.75 $158.76 $162.76 $168.81 3.72% $6.05 177.72 9.19% $14.96 70 $4.00 $2.75 $161.51 $165.51 $172.20 4.04% $6.69 181.11 9.43% $15.60 71 $4.00 $2.75 $164.26 $168.26 $175.59 4.36% $7.33 184.5 9.65% $16.24 72 $4.00 $2.75 $167.01 $171.01 $178.98 4.66% $7.97 187.89 9.87% $16.88 73 $4.00 $2.75 $169.76 $173.76 $182.37 4.96% $8.61 191.28 10.08% $17.52 74 $4.00 $2.75 $172.51 $176.51 $185.76 5.24% $9.25 194.67 10.29% $18.16 75 $4.00 $2.75 $175.26 $17926 $189.15 5.52% $9.89 198.06 10.49% $18.80 76 $4.00 $2.75 $178.01 $182.01 $192.54 5.79% $10.53 201.45 10.68% $19.44 77 $4.00 $2.75 $180.76 $184.76 $195.93 6.05% $11.17 204.84 10.87% $20.08 78 $4.00 $2.75 $183.51 $187.51 $199.32 6.30% $11.81 208.23 11.05% $20.72 79 $4.00 $2.75 $186.26 $190.26 $202.71 6.54% $12.45 211.62 11.23% $21.36 80 $4.00 $2.75 $189.01 $193.01 $206.10 6.78% $13.09 215.Q1 11.40% $22.00 81 $4.00 $2.75 $191.76 $195.76 $209.49 7.01% $13.73 218.4 11.57% $22.64 82 $4.00 $2.75 $194.51 $198.51 $212.88 7.24% $14.37 221.79 11.73% $23.28 83 $4.00 $2.75 $197.26 $201.26 $216.27 7.46% $15.01 225.18 11.89% $23.92 84 $4.00 $2.75 $200.01 $204.01 $219.66 7.67% $15.65 228.57 12.04% $24.56 85 $4.00 $2.75 $202.76 $206.76 $223.05 7.88% $16.29 231.96 12.19% $25.20 86 $4.00 $2.75 $205.51 $20951 $226.44 8.08% $16.93 235.35 12.33% $25.64 87 $4.00 $2.75 $208.26 $212.26 $229.83 8.28% $17.57 238.74 12.48% $26.48 88 $4.00 $2.75 $211.Q1 $215.01 $233.22 8.47% $18.21 242.13 12.61% $27.12 89 $400 $2.75 $213.76 $217.76 $236.61 8.66% $18.85 245.52 12.75% $27.76 90 $4.00 $2.75 $216.51 $220.51 $240.00 8.84% $19.49 248.91 12.88% $28.40 91 $4.00 $2.75 $219.26 $223.26 $243.39 9.02% $20.13 252.3 13.01% $29.04 92 $4.00 $2.75 $222.01 $226.Q1 $246.78 9.19% $20.77 255.69 13.13% $29.68 93 $4.00 $2.75 $224.76 $228.76 $250.17 9.36% $21.41 259.08 13.25% $30.32 94 $4.00 $2.75 $227.51 $231.51 $253.56 9.52% $22.05 262.47 13.37% $30.96 95 $4.00 $2.75 $230.26 $234.26 $256.95 9.69% $22.69 265.86 13.49% $31.60 96 $4.00 $2.75 $233.01 $23701 $260.34 9.84% $23.33 269.25 13.60% $32.24 97 $4.00 $2.75 $23576 $239.76 $263.73 10.00% $23.97 272.64 13.71% $32.88 98 $4.00 $2.75 $238.51 $242.51 $267.12 10.15% $24.61 276.03 13.82% $33.52 99 $4.00 $2.75 $241 .26 $245.26 $270.51 10.30% $25.25 279.42 13.93% $34.16 100 $4.00 $2.75 $244.01 $248.01 $273.90 10.44% $25.89 282.81 14.03% $34.80 71612007 Boynton Rate Model-Apr1307 CIP(AB) - 80% CIP (31 Change In Rate Structure (2) City o'f West Palm Beach - Public Utilities Page 1 of 3 utilities home helpful information opening your account my account sign up for ACH - automatic bank drafting forms dispatch and services fats, oil & grease & hazardous materials traffic division water & waste water rates frequently asked questions water quality reports engineering engineering standards public works Service Emergencies ublic Utilities phone; 561.1 822- ; 300 . Po. Box 3506 West ?elm Be:o,:h, FI(,)rido 334Q2-3506 service/info links innovative projects pay online water quality SEARCH ,"^:I EFFECTIVE OCTOBER 1, 2006 RESIDENTIAL: Service Charge (PER DWELLING UNIT) (As Applicable) Water $8.79 Commodity Charge (PER UNIT OF WATER USED) (1 unit = 100 cu ft or 748 gallons) 0-8 Units 9-16 Units 17-36 Units 37-76 Units 77-200 Units 201 and above. GENERAL SERVICE: Service Charge (Based on Meter Size) 5/8 Inch 3/4 Inch 1 Inch 11/2 Inch 2 Inch 3 Inch 4 Inch 6 Inch 8 Inch 10 Inch 12 Inch Commodity Charge (PER UNIT OF WATER USED) (1 unit = 100 cu ft or 748 gallons) $1.02 $1.27 $1.50 $1.76 $2.03 $2.27 Water $8.79 $13.18 $21.97 $43.97 $70.35 $131.92 $219.87 $439.75 $703.58 $1,011.41 $1,888.70 0-8 Units 9-16 Units 17-36 Units 37-76 Units 77- 200 Units 201 and above. IRRIGATION: Service Charge (Same as above) Commodity Charge (PER UNIT OF WATER USED) (1 unit = 100 cu ft or 748 gallons) $1.02 $1.27 $1.50 $1.76 $2.03 $2.27 0- 75 Units 76- 200 Units 201 and above. $1.76 $2.03 $2.27 city home ~rchJ RES. # 140-04 Sewer $6.80 $2.00 $2.00 (up to 16 units) $N/A $N/A $N/A $N/A Sewer $6.80 $10.19 $17.00 $33.96 $54.33 $101.88 $171.05 $339.55 $543.30 $781.01 $1,461.12 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $N/A $N/A $N/A WITHOUT CITY WATER: Sewer commodity charge is $32.00 per dwelling unit/ equivalent unit INACTIVE ACCOUNTS: Is equal to the Service Charge as listed for residential and non- residential accounts SURCHARGE: A 250/0 surcharge will be added to all rates. fees and charges to those customers outside City of WPB limits per City Resolution. 1ttp:/ /www.cityofwpb.com/utili ti es/rates. php 6/27/2007 City of West Palm Beach - Public Utilities Page 2 01'\ EFFECTIVE OCTOBER 1, 2006 MISCELLANEOUS CHARGES AND FEES MJJ'fI:M!.H,IU~E~QSITS REOUIREJ2 General Srvc. 5/8 $145 $175 3/4" $220 $275 1" $360 $525 11/2" $725 $1,030 2" $1,160 $1,650 3" $2,175 $3,300 4" $3,625 $5,150 6" $7,250 $10,350 8" $11,600 $16,600 10" $16,675 $23,975 12" $31,175 $37,625 Fire Hydrant Meter Deposit $ 1,300 Detector Check Meter Deposit $ 50 Mex.eLS!~_e g~.5id~ntial W A TE R & wASTEWATJ:-.R SYS.TJ:J\II !:Af'ACJTY C.~~RGE..s Meter Size 5/8" 3/4" Water Wastewater 1" $1,270 $1,905 $ 3,175 $ 6,350 $ 10,160 $ 20,320 $ 31,750 $ 63,500 $ 101,600 $ 146,050 $ 273,050 $940 $ 1,410 $ 2,350 $ 4,700 $ 7,520 $ 15,040 $ 23,500 $ 47,000 $ 75,200 $ 108,000 $ 202,100 11/2" 2" 3" 4" 6" 8" 10" 12" PRIVATE FIRE LINE PROTECTION SERVICE (BILLED MONTHLY) Size Deposit Monthly 2" $50 $14.94 21/2" $ 65 $ 23.35 3" $ 75 $ 28.02 4" $ 125 $ 46.69 6" $ 195 $ 93.38 8" $ 410 $ 149.42 10" $ 590 $ 213.69 12" $ 700 $ 385.97 Detector Check $50 Deposit lttp:/ /www.cityofwpb.com/util i ties/rates. ph p Service Initiation Charge UD219 (rev 10-04) RES. #140-04 Res. #140-04 up to 1" $42.00 over 1 $64.00 Collections Disconnect Charge up to 1" $ 54.00 over 1" $84.00 Meter Re-reads & Special Reads $27.00 Returned Check Charge $27.00 Field Visit Charge During Normal Working Hours $27.00 After Normal Working Hours $42.00 Meter Test Charge - up to 1 Inch $64.00 Meter Test Charge - 1 1/2 inch & 2 inch $133.00 Meter Test Charge - 3 inch and greater $329.00 For Plan Review and Construction Fees contact Public Utilities Engineering at 561-659-8040 Sewer Lateral Installation Charge: $976.00 Sewer Tap Inspection Only $101.00 Late Payment Fee: $2.12 or 1010 of unpaid balance of each service agreement, whichever is greater Fire Hydrant Meter Installation $165.00 _R~_WW~.HR I!UU.GATtQN Revocable Permit Required Residential General Service (must be metered) 8-Qj:~J.Q.rs.eL\' Lc~ $50.00 $13.11 monthly INST ALLA nON *Contractor City rvietecSl?:.e Insta.1U;:_l}p~ Tj'lP.:-J.nChiiC9.e 5/8" $372 $ 700 5/8" DC $ 84 $N/A 314" $ 372 $700 1" $ 483 $ 939 11/2" $ 833 $ 1,517 2" $ 918 $ 1,628 **3" $ 2,381 $***N/A **4" $ 2,843 $***N/A **6" $ 4,403 $***N/A **8" $ 10,338 $***N/A **10' $14,593 $***N/A **12" $ 17,764 $***N/A All plans must be preapproved by Utilities Engineering 561-494-1040 Contractor Installed Private Firelines $ 546. **This is estimated charge, FINAL charge is 6/27 /2007 Residential Rates and Fees ~ustomer Service Directory ,~, Customer Service o Payment Options o Access Your Account Online ,~) Frequently Asked Questions ,) Residential Rates and Fees o Nonresidential Rates and Fees o Pretrci:ltment o Raekflow Prevention o Excessive Water Consumption o Policies and Procedures j Service Area l'vlap Directory o Student Activities o Wakodahatchee Wetlands o Green Cay Wetlands <;; Royal Palm Beach New Customer Information o OptionalllOA A gree III c I1t :l Site Vlap Page 1 of 1 PA..l tilt f3 e&. G-~ C "v....I)' Residential Rates and Fees Water Service Rates Drinking Water Waste Water Combined Reclaimed Water Only Only Service Only Account Fee(per bill) $2.50 $2.50 $2.50 $2.50* Facility Fees (per unit) Multi-family $6.30 $9.50 $15.80 $0 Single-family 5/8 inch $6.30 $9.50 $15.80 $0 Single-family 3/4 inch $6.30 $9.50 $15.80 $0 Single-family 1 inch $18.50 $28.00 $46.50 $0 Single-family 1 112 $28.75 $43.00 $71.75 $0 inch Single-family 2 inch $62.25 $94.00 $156.25 $0 Commodity Fee (per 1000 gallans) Zero - 4,000 gal $0.85 $1.15 $2.00 n/a 4,001 - 10,000 gal $1. 90 $2.70 $4.60 n/a 10,001 - 25,000 ga I $4.75 $0 $4.75 n/a Above 25,000 gal $5.90 $0 $5.90 n/a Fixed Reclaimed Water Fee 5/8 inch nla nla n/a $5 3/4 inch nla nla n/a $5 1 inch nla nla nla $10 Unmetered Wastewater Service n/a $18.10 nla n/a For all other sizes, see nonresidential rates "Drinking water and wastewater customers will not be assessed with additional account fees for the addition of reclaimed water service. Last Updated OS/29/2007 Copynqht 2007 Pair')") eeac:h County, Fl http://www.pbcgov.com/waterutilities/customerservice/ResidentiaIRates.htm 6/27/2007 rJ) ~ ~ ~" ~" o ~ ~ ~ ~ ~ rJ) ~ ..; :JrJ).. UC215 ..J~~ ~ ~ ~ ~ ~'B ~ ~~ -::0 rJ)~ ~Z "0 ~ 19 LU Z U I--IZ ........ ~O ---I ---I LU 1--1 ........ (/)~ ~:,- @i CO M'- '::> ~~ ~::> ~~I ~ LU~ c = . ....... ~O ........ OLL ---I I-Z ........ (/)I--I I- :::> ::J u r: ~ '-Ll o r:: ~ o "J 001:> "'i''''i'0\ N..,r~ fA fA >- f- ;- "-l o (/) ~ oo:r ry,1'" o;~~ --'" €A-- V'! "" ...;.. 0::: ~ t-< < ~ ~s~ ~B3::;;: ::"0...:::; V~- 2? ~ ~ ~ ~ ~ ~G~ ~C>-J 3'~ ~ U'l 0.. ~ :::l '" .... Uv~ ~ '" c ~ .. e.o :> :> :;. .. ~ .: ..., :: ::l '" C o 'J ., ;:: :: ~ OJ e.o .. C ~. .... :g E g v 51 :.:..l' o r:: ~ o C', 0 N rr; ry, C'N'<t\Ory, . N N "i "i >- f- U ll.l o (/) z ry,\O'<too lrl r- 0\ - ~ .- ......: ......: ~l ri Vl Vl ~ 6 5 ~ ~~~~ 25 o '" OJ) OJ)- ~ OJ)00<il OJ)8g8~ g~v)og COMV'! ... 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';;j :; Qj "0 OJ W ~ 0 OJ .=. ~ ~ .. ::l V Qj .~ ~ .-:: Q:I v 0 ~~ rJ1 ~ U :..l .J .J o U = (/) ~ f- Q Z "'l': :..l ~ "'l': Q:I 0::: .-:: ~ City of Boca Raton - Utility Services - Residential Water Rates Page 1 of 1 I Wednesday, June 27, 2007 GIS I Sitemap I Feedback I Contact I FAQs Search: I L~~J Utility Services Automatic Bank Drafting Commercial Water Rates Reclaimed Water Rates Residential Water Rates Sewer Rates Sprinkler Rates Water Rates (PDF) Water Billing Home Utility Services Horne Customer Service (561) 393-7750 ,'-'- " Pay Your Water Bill Online Departments: Select Here Quick Links: Select Here E-Services: Select Here City of Boca Raton Utility Services Residential Water Rates In-City All Charges are bi-monthly Outside City Add 25% to all charges, fees, and rates Commodity Charge RESIDENTIAL ACCOUNTS $0.57 per 1,000 gallons up to 25,000 gal. $1.37 per 1,000 gal. Over 25,000 gal. Up to 50,000 gal. $1.75 per 1,000 gal. Over 50,000 gal. $4.39 per account $15.07 per residential unit Customer Charge Capacity Charge Web Disclaimer and Privacy Policy Official site of City of Boca Raton @Copynght 2006 Last Modified Thu, Jun 142007. 094bt\M 1ttp://ei.boca-raton.fl.us/Uti l/bill ing/reswaterrates.shtm 6/27/2007 ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA :; AMENDING CHAPTER 26, WATER, SEWERS AND 6 CITY UTILITIES, AMENDING SECTION 26-9, 7 REVISING THE RA TE SCHEDULE FOR POT ABLE 8 WATER AND WASTEWATER; AMENDING SECTION 9 26-34, REVISING THE CAPITAL FACILITIES 10 CHARGE IMPOSED; AND PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICATION AND 12 AN EFFECTIVE DATE. 13 14 15 WHEREAS, at the direction of the City Commission of the City of Boynton Beach, 16 in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers, 17 conducted a study on water and sewer rates necessary in order for the City to provide the 18 desired level of services ("Study"); and 19 WHEREAS, based on their review of the Study and the potable water, wastewater 20 and stormwater systems and the capital facilities charges, City staff recommends 21 I modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances; 22 and 23 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of 24 proposed increase to any rate, charge or fee for water or sewer utility service, have been 25 satisfied, as the required notice has been furnished to each utility customer through the City's 26 regular billing process; and 27 WHEREAS, the City Commission of the City of Boynton Beach has determined that 28 the revenue requirement for the City's potable water, wastewater and storm water systems will 29 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and , r WHEREAS, in order to ensure that the projected requirement increases are covered, 2 adjustments for potable water and wastewater rates and capital facilities charges are 3 necessary; and 4 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 5 justification provided by the City's utility system consulting engineer in a report to the City 6 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens 7 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City 8 of Boynton Beach Code of Ordinances to provide for these necessary changes; 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 10 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 11 Section 1. Each Whereas clause set forth above IS true and correct and 12 incorporated herein by this reference. 13 Section 2. That Chapter 26, Article I, Section 26-9, entitled Water and 14 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable 15 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows: 16 17 Sec. 26-9. Water and wastewater rates and charges. 18 19 20 21 22 The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 15t of each of the fiscal years indicated and shall not be prorated: 2 'I II I' I 1 I 2 3 II 4 I 5 . I I I I I 6 I 7 8 I I I I' I 9 I 10 11 12 SCHEDULE I. POTABLE WATER RATES (a) Residential Rates: Inside City Outside City o 9,000 I $1.15 per thousand $1.96 per thousand $1. 4 4 per thousand I I $2.45 per thousand 9,001 30,000 callons/month Over 30,000 gallons/month $2. 75 per thousand O'allons $3.44 per thousand 3allons (b )(b) Commercial Rage~: Inside Cit)' Outside City $1.15 per thousand o 9,000 ;;;r gallOn~s/month Over 30,000 ;allons/month I ~~~~;::::::~ i $2>5 peYlRouGand I gallon~ i ;;iH; ~:~;;; ('allons I $3.44 per tlloHsand I gaUern; (a) Residential and Commercial rates inside city: i Fiscal Base Facility Base Facility 0-30,000 30,001- Over 50,00 Year Charge Charge gallons/ 50,000 gallons/ (Residential) (Commercial month * gallons/ month* I I ) month* 2007- I $4.40 $8.80 i S1.50 $2.75 S3.39 08 2008- 4.84 19.68 ! 1.65 i 3.03 I 3.73 09 I I I I 2009- 5.23 110.45 ! 1.78 i 3.27 14.03 10 I i I I -~---~---~-_...._- I 2010- 5.44 10.87 1.85 i 3.40 4.19 11 i 2011- 5.44 10.87 1.85 13.40 4.19 ~---j 12 I I _~U_,'__'_____"__"._'_"_'_' ___ , , ! . 1 2 (b) Residential and Commercial rates outside city: Fiscal Base Facility Base Facility 0-30,000 30,001- Over 50,000 Year Charge Charge gallons/ 50,000 gallons/ (Residential) (Commercial month * gallons/ month * ) month* 2007 - $5.50 $11. 00 $1.88 $3.44 $4.24 08 2008- 6.05 12.10 2.06 3.78 4.66 09 2009- 6.53 13.07 2.23 4.08 5.03 10 2010- 6.80 13.59 2.32 4.25 5.24 11 2011- 6.80 13.59 2.32 4.25 5.24 12 3 4 5 *Represents monthly usage rates per thousand gallons Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastewater rates 6 and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, and 7 I replacing the same with a new Schedule II, Wastewater Rates, as follows: SCHEDULE II. W ASTEW A TER RATES 8 9 10 .~\ ~ ~~...1 . 1 _~..~ ;~~'...1 ~;. \~I ~u~ .~._u u.u.~_ VH. . I4seat Base Commodity Rate Rate If No '.Vater Dollars Per Thousand ~ Gallons 1990 91 $-+.-9+ $-hH $16.45 1991 92 &#) ~ -l-+:4& 1992 93 9-:4l- ~ ~ 1993 94 -W-:H ~ -l-9-:-M 1994 95 -W-:H ~ -l-9-:-M (1-'\ n . . . . ..J . .1 ~;.". . ~._u _H. . I4seat Base Commodity Rate Rate If No \Vater Dollars Per Thousand ~ Gallons 1990 91 $9-:% ~ $20.55 1991 92 ~ -h+G U-:-&4 1992 93 -H--:+6 -h* ~ 1993 94 ~ ~ M:6+ 1991 95 ~ ~ M:6+ 11 4 1 2 (a) Residential and commercial rates inside city: Fiscal I Base I Commodity Rate I Rate If No Water ! I I Dollars Per Thousand Meter I Gallons 1 I , 2007 -08 '$11.14 I $1.69 ! $23.00 ! 2008-09 12.03 1.83 24.84 ----_.,._-~.- ---, 2009-10 12.52 1.90 25.83 : 2010-11 12.77 1.94 . 26.35 . I 2011-12 12.96 1.97 26.75 .-.-.----.- , .) 4 (b) Residential and commercial rates outside city: 5 Fiscal i Base I Commodity Rate Rate If No Water I 1 Dollars Per Thousand Meter I Gallons 2007-08 $13.93 $2.12 $28.79 2008-09 15.04 2.29 31.09 2009-10 15.64 2.38 32.33 ! 2010-11 15.95 i 2.43 32.98 2011-12 16.19 2.47 33.47 --~-_._._,._-_._.._----.__. 6 7 Section 4. That Chapter 26, Articie II, Section 26-34 is hereby amended 1I1 pm1y 8 by adding the words and figures in underlined type and by deleting the words and figures in 9 struck-through type as follows: 10 Sec. 26.34. Capital facilities charges and connection charges. 11 12 13 14 15 16 (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follows: (1) Water: 17 18 19 20 21 22 23 (a) Proper(v located within the municipal limits of BO)'nIOn Beach. Nine hundred thirty three dollars ($933.00) One thousand one hundred twenty-two dollars ($1,122.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be :; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one hundred sixty six dollurs ($1,166.00) One thousand four hundred three dollars ($1.403.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (2) Sewage: (a) Property located within the municipal limits of Boynton Beach. One hundred sixty six dollurs ($166.00) Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) Two hundred seven dollars ($207.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first 6 8 9 ]0 ] ] ]2 13 ]4 I' ]5 I ]6 17 ]8 ]9 20 2] 22 23 24 25 26 27 28 29 30 3] 32 " -)j 34 35 ] 2 3 4 building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date. Section 5. Each and every other provision of Chapter 26, not herein specifically 5 amended shall remain in full force and effect as previously enacted. 6 Section 6. All ordinances or parts of ordinances in conflict herewith be and the 7 same are hereby repealed. Section 7. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 8. Authority is hereby granted to codify said ordinance. Section 9. This ordinance shall become effective October 1, 2007. FIRST READING this _ day of ,2007. SECOND, FINAL ,2007. READING this day of AND PASSAGE CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland ATTEST: Commissioner - Mack McCray Commissioner - Carl McKoy Janet M. Prainito. CMC City Clerk (CORPORATE SEAL) I 1 II I 2 I 3 4 5 6 7 8 9 10 11 12 13 14 15 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 26, WATER, SEWERS AND CITY UTILITIES, AMENDING SECTION 26-9, REVISING THE RATE SCHEDULE FOR POT ABLE WATER AND WASTEWATER; AMENDING SECTION 26-34, REVISING THE CAPITAL FACILITIES CHARGE IMPOSED; AND PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, at the direction of the City Commission of the City of Boynton Beach, in 2005 the City's utility system consulting engineers, CH2M Hill Consulting Engineers, 16 conducted a study on water and sewer rates necessary in order for the City to provide the I desired level of services ("Study"); and 17 18 I 19 II and stormwater systems and the capital facilities charges, City staff recommends I modifications to Chapter 26, Water, Sewers and City Utilities, of the Code of Ordinances; WHEREAS, based on their review of the Study and the potable water, wastewater 20 21 and 22 WHEREAS, the provisions of Section 180.136, Florida Statutes, requiring notice of I proposed increase to any rate, charge or fee for water or sewer utility service, have been 23 24 satisfied, as the required notice has been furnished to each utility customer through the City's 25 I regular billing process; and WHEREAS, the City Commission of the City of Boynton Beach has detennined that 26 27 the revenue requirement for the City's potable water, wastewater and stormwater systems will 28 increase 6.5% for FY 2008 and then 5.5% annually through 2012; and 29 WHEREAS, in order to ensure that the projected requirement increases are covered, adjustments for potable water and wastewater rates and capital facilities are necessary; and 2 WHEREAS, the City Commission of the City of Boynton Beach, based upon the 3 justification provided by the City's utility system consulting engineer in a report to the City I 4 Commission in May 2007, and by City staff, deems it to be in the best interests of the citizens 5 and residents of the City to amend Chapter 26, Water, Sewers and City Utilities, of the City 6 of Boynton Beach Code of Ordinances to provide for these necessary changes; 7 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. Each Whereas clause set forth above IS true and correct and 10 incorporated herein by this reference. 11 Section 2. That Chapter 26, Article I, Section 26-9, entitled Water and 12 wastewater rates and charges, is hereby amended in part by deleting Schedule I, Potable 13 Water Rates, and replacing the same with a new Schedule I, Potable Water Rates, as follows: 14 15 Sec. 26-9. Water and wastewater rates and charges. 16 17 18 19 20 21 22 23 24 The monthly rates and charges for water and wastewater shall be as set forth in the five-year schedules in this section. Such rates shall become effective on October 151 of each of the fiscal years indicated and shall not be prorated: SCHEDULE 1. POTABLE WATER RATES Inside City Outside City o 9,000 $1.15 per thousand $1.11 per thousand O'ullons 2 I I ~ I I I I, I! I 4 I: 3 5 6 I $2.45 per thousand I :~~~~~ $3.44 per thousand (.~a1lens I 9,00] 30,000 I:~=: O. er 30,000 I $].96 per thousand I !~!~er tkouGand gallons (b )(b) Commercial Rages: Inside City I I I $1.44 per thousand I b o 9,000 $1 . ] 5 per thousand 9,000 30,000 gallons/month Over 30,000 $1.96 per thousand gallons $2.75 per thousand $2.45 per thousand $3.44 per thousand (a) Residential and Commercial rates inside city: Fiscal Base Facility Base Facility 0-9,000 9,001- 30,00]- Over I Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month * gallons/ gallons! gallons ) month* month* month* 2007 - $4.40 I $8.80 $1.16 S2.07 S2.75 $3.39 08 2008- 4.84 9.68 i 1 ,7 , ,7 3 nl 3.73 1. .':"'1 I ......... f I . \J..J 09 I 2009- 5.23 10.45 1.37 2.45 3.27 4.03 10 2010- 5.44 I 10.87 1.43 , 2.55 3.40 4.19 I 11 I 2011- 5.44 10.87 2.55 3.40 4.19 12 7 8 (b) Residential and Commercial rates outside city: 9 Fiscal Base Facility Base Facility 0-9,000 i 9,001- 30,001- Over Year Charge Charge gallons/ 30,000 50,000 50,000 (Residential) (Commercial month * gallons/ gallons/ gallons, ) month* month* month * 2007 - $5.50 1$11.00 $1 .44 $2.58 $3.44 S4.24 08 ! 2008- 6.05 12.10 1.59 2.84 3.78 4.67 09 " , 1 2 3 2009- 6.53 13.07 1.72 3.07 4.08 5.04 10 2010- 6.80 13.59 1.78 3.19 4.25 5.24 11 2011- 6.80 13.59 1.78 3.19 4.25 5.24 12 *Represents monthly usage rates per thousand gallons Section 3. That Chapter 26, Article I, Section 26-9, entitled Water and wastewater r and charges, is hereby amended in part by deleting Schedule II, Wastewater Rates, replacing the same with a new Schedule II, Wastewater Rates, as follows: SCHEDULE II. W ASTEW ATER RATES -, ~ . . . .1 -1 . . ,~. . -1. ,/ Ftseal Base Commodity Rate Rate If No \Vater Dollars Per Thousand Metef Gallons 1990 91 $+:-9+ ~ $16.15 1991 92 &-:49 -hJ6 -l-+:4& 1992 93 9-A+ ~ ~ 1993 94 ~ +M -l-9-,-+4 1994 95 ~ +M -l-9-,-+4 11..., n . -, ~~-1 . .1 _~~.~ . . ;~, . v. ~u~ .~.~u ~"- . Ftseal Base Commodity Rate Rate If NoW ater Dollars Per Thousand Metef Gallons 1990 91 $9,.% ~ $20.55 1991 92 W:-&6 +:-+G ~ 1992 93 ~ -h* ~ 1993 94 ~ ~ ~ 1994 95 ~ ~ ~ (a) Residential and commercial rates inside city: Fiscal Base Commodity Rate Rate If No Water Dollars Per Thousand Meter Gallons 2007 -08 $11.14 $1.69 $23.00 2008-09 12.03 1.83 24.84 2009-10 12.52 1.90 25.83 4 4 ates 5 and 6 7 8 I: Ii I' I I 9 I I, I I I I, 10 11 12 8 9 II 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 II II I II I 2010-11 2011-12 12.77 12.96 1.94 1.97 126.35 126.75 1 2 3 (b) Residential and commercial rates outside city: I Fiscal I i Commodity Rate I Dollars Per Thousand Base Rate If No Water Meter : Gallons i j 2007-08 $13.93 $2.12 I $28.79 I - 2008-09 15.04 2.29 31.09 2009-10 15.64 2.38 32.33 I 32.98 - 2010-11 I 15.95 2.43 I 33.47 --- 2011-12 16.19 2.47 ---~~~-_...._-- 4 5 Section 4. That Chapter 26, Article II, Section 26-34 is hereby amended in pat1y 6 by adding the words and figures in underlined type and by deleting the words and figures in 7 struck-through type as follows: Sec. 26.34. Capital facilities charges and connection charges. (A) CAPITAL FACILITIES CHARGE IMPOSED. When property receives water and/or sewage service from systems owned or controlled by the city, the owner of such property shall pay unto the city a water and/or sewage capital facilities charge as follo,vs: (1) Water: (a) Proper(v located within the municipal limits of Boynton Beach. Nine hundred thirty three dollars ($933.00) One thousand one hundred twenty-two dollars ($1 J 22.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of Boynton Beach but within the utility service area. One thousand one hundred sixty six dollars ($1 J 66.00) One thousand four hundred three dollars ($1.403.00) per equivalent dwelling unit. "Equivalent dwelling :; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 I' I 25 I 26 I 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 unit" is defined as a unit of construction having the same water usage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (2) Sewage: (a) Property located within the municipal limits of Boynton Beach. One hundred sixty six dollars ($166.00) Six hundred sixty-five dollars ($665.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. (b) Property located beyond the municipal limits of the City of Boynton Beach but within the utility service area. Eight hundred thirty-one dollars ($831.00) Two hundred se','en dollars ($207.00) per equivalent dwelling unit. "Equivalent dwelling unit" is defined as a unit of construction generating the same amount of sewage as a one-bedroom single-family home, and the number of equivalent dwelling units, for the purpose of this calculation, contained within the property shall be determined in accordance with the schedule attached to Ordinance Number 80-10 [Article II of this chapter] and by reference made a part thereof. Said capital facilities charge is designed to cover the cost of existing or additional raw water production facilities, water treatment facilities and water distribution facilities together with sewage transmission facilities either existing or additions and improvements thereto which will be utilized by the city to provide water and sewer service to said property. Said capital facilities charge shall be paid or in part credited if appropriate upon the issuance of the first building permit issued on the owner's property and shall be computed based upon the rate in effect upon that date. Section 5. Each and every other provision of Chapter 26, not herein specifically amended shall remain in full force and effect as previously enacted. 6 3 4 5 6 7 8 9 10 11 12 13 14 I. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 << Section 6. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. Section 7. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder ofthis ordinance. Section 8. Authority is hereby granted to codify said ordinance. Section 9. This ordinance shall become effective October 1. 2007. FIRST READING this _ day of ,2007. SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH. FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner -- Ronald Weiland ATTEST: Commissioner - Mack McCray Janet M. Prainito, CMC City Clerk Commissioner - Carl McKoy (CORPORATE SEAL) 7 IX.-CITY MANAGER'S REPORT CITY OF BOYNTON BEACE ITEM B. AGENDA ITEM REQUEST FOfuu Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1,2007 April 16,2007 (Noon) D July 3, 2007 June 18, 2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) k8J July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) D Announcements/Presentations k8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing 0 RECOMMENDATION: To allow for discussion regarding the potential temporary conversion of the Pence Park softball field or Little League Park in the area between Woolbright Road and the outfield of Field #2 into a paintball field. EXPLANATION: Robert Mealy owns Bob's Paintball, Inc., which is a business located in Boynton Beach. Approximately one year ago Mr. Mealy can1e before the Recreation & Parks Advisory Board seeking feedback and possible endorsement of his request to use one of the City's parks as a venue for paintball games and related activities. Prior to meeting with the board, Mr. Mealy met with the Recreation & Parks Department, and it was determined that using any of the developed or undeveloped park sites would be very problematic due primarily to the impact on residential units. However, since this is an activity that is very popular with teens and young adults and since Mr. Mealy has offered to pay all costs related to preparing an area as a paintball field and returning it to its original condition after this type of use, staff felt that efforts to find a viable venue were warranted. Through these efforts, staff found two sites that could potentially be temporarily converted to a paintball field: Pence Park softball field (exhibit A) or the area at Little League Park between Woolbright Road and the outfield of Field #2 (exhibit B). It must be emphasized that all consideration that has been given to this activity is taking place with the premise that Mr. Mealy can guarantee that all paintballs can be contained within the playing area. Paintball is a sport in which participants eliminate opponents from play by hitting them with paintballs (spherical gelatin capsules containing primarily polyethylene glycol, other non-toxic and water soluble substances, and dye) propelled from a compressed-gas-powered gun. Approximately 10 million people play annually in the United States. Paintball started out as a recreational game in wooded areas. A very popular format of the sport is played on small fields and artificial obstacles (exhibits C and D). S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: Pence Park is located at 600 SE 4th Street. This 3.4 acre facility was built in 1950 and includes the softball field, restroom/storage building, playground and basketball court. The softball field is primarily used for practice and informal games. It is very common to find youth playing soccer on the outfield grass. Structured league play has diminished over the past 10 years, so conversion of the field would not have a significant impact on programming. However, it would displace those youth who use the field for informal soccer games and other activities. Little League Park is located at 300 West Woolbright Road. The 11 acre park was built in 1974. It includes four baseball fields, concession building, restrooms, and picnic pavilion. The facility is used by Little League for baseball games. Based on preliminary discussion with members of the Little League board, this activity could potentially have a very positive impact on their organization by increasing the number of people using their concession stand and providing an alternative activity option that is attractive to many who normally use the facility. Use of either site would necessitate a formal agreement that would stipulate clearly how the site will be modified, how it will be used and regulated, how all risk management concerns will be addressed. the timeframe at which the activity will be analyzed, reviewed and evaluated for continued use or termination of the agreement. FISCAL IMPACT: None ALTERNATIVES: a) Do not consider temporarily converting Pence Park softball field or an area at Little League Park into a paintball field. b) Continue analyzing if there are any other locations within the City for this type of activity. ~--------~- ------------- epartment Head's SIgnature City Manager's Signature Assistant to City Manager _______ Recreation & Parks Department Name City Attorney / Finance S\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM. DOC RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 07-72 DATE: Kurt Bressner, City Manager Wally Majors, Recreation & Parks Director ~ July 9, 2007 TO: FROM: SUBJECT: Revised Staff Report - Paintball . Minutes of the Recreation & Park Advisory Board meeting at which paintball was discussed - attached. . Diagram for this activity - attached are aerial images of Pence and Little League Park with potential areas that could be used as paintball fields outlined in yellow. Also included pictures of paintball field and related appurtenances. . Timeline for this activity - will be developed based on further planning and potential implementation. However, if an area of a park is to be converted to a paintball field, it will it will not be available for other uses. . Staff report favors Little League Park, why- o The area between Woolbright Road and the outfield fence of Field #2 at Little League Park is fairly large. Due to its location, converting this area into a paintball field will not affect the use of the park. Being bordered by a major thoroughfare and the other ballfields, activities in this area of the park will have little impact on residents. o Converting the softball field at Pence Park will affect the park. Although formal/scheduled used of the park has diminished over the past several years, it is still very popular with many of the residents that are within walking distance. The softball field is still being used for informal play, baseball/softball practice and soccer. The park is bordered by residents on the north, south and west sides. /wm (attachment) Meeting Minutes Recreation & Parks Board Boynton Beach, FL June 25, 2007 IV. UNFINISHED BUSINESS A. Paintball Mr. Majors provided an update. Mr. Robert Mealey, proprietor of a paintball supply store in the City, contacted the City approximately two years ago in an attempt to find a location dedicated to the sport of paintball. Mr. Majors opined paintball was a legitimate activity and common on campuses as an intramural sport. Paintball enjoyed a good deal of exposure on the sports networks, and the department viewed it as a viable option. The challenge was to locate an area that provided the type of terrain required for paintball. One of the options considered by the board was Pence Park, which primarily was a softball field with a playground area and adjacent basketball park. The board also looked at an undeveloped site, Florida Power & Light (FP&L) Park, just west of 1-95 off SE 23rd Avenue on the south side. Little League Park, just off Woolbright Road, was another consideration, as the location was good and would not impact the residential areas. Ms. Rivers inquired whether the use of Girl Scout Park could be considered as a possible option. Mr. Majors replied he considered it to be a long shot, as the area was sensitive and he did not believe paintball would be well received by the residents in the community. Chair Pierce-Roe inquired whether monthly or quarterly meetings were held in the Chapel Hill neighborhood. Mr. Major replied staff could make inquiries with respect thereto. He reiterated he did not believe paintball was an appropriate activity at that site. Even when developed, parking would be limited. Robert Mealey noted he had observed only 20 people in Pence Park in a given week. He contended there would be no cost to the City for the project, as he would absorb th~ cost of electricity, water and maintaining the field. Mr. Mealey would also provide revenue to the City by leasing the site. He solicited feedback from residents in the area who had not expressed any objections to the project. When asked about his thoughts regarding the use of Little League Park or FP&L Park, Mr. Mealey opined Little League Park did not proVide adequate space to accommodate paintball activities, and FP&L Park would probably not come to fruition for another five years. He believed he could have the project up and running at Pence Park in three weeks. In response to Mr. Grlove's inquiry, Mr. Mealey replied permanent stanchions would be required to be installed at Pence Park. 2 Meeting Minutes Recreation & Parks Board Boynton Beach, FL June 25, 2007 Mr. Grlove inquired of staff whether the City would be amenable to changing the park by putting in permanent stanchions for the use of paintball. Mr. Majors replied it would be more involved and would require a formal survey of the residents in the area. Issues, such as limited parking, would have to be considered as well. The board also discussed the problems with using Pence Park for a specific use. They discussed FP&L Park as a potential venue as it was accessible, would not have a potential negative impact on the neighborhood, and could be designated as a special park for paintball only. Also discussed were the anticipated budget cuts and the impact on the FP&L Park. Mr. Majors added numerous projects were being reevaluated. He expressed concern for pOSSible cuts in capital improvement projects, operations, staffing, facilities and park maintenance. Chair Pierce-Roe discussed the use of the Rolling Green School in terms of parking and use of the school's fields. Ms. Rivers advised the School District's plan was for a multi-purpose field that would be used by the students. Mr. Majors advised he had talked to representatives from the County, and they did not appear to embrace the. paintball concept. The board should be commended for being open-minded and having this dialogue. The board discussed whether the support of the City Manager and City Commission was required for the project; whether funds could be sought from sponsorships or grants to facilitate the project; and consideration of parking and impact issues. Motion Mr. Grlove moved for staff to pursue whether or not Pence Park could be used as a temporary field for paintball, until another or permanent facility could be accommodating or built, and based upon the City's Manager's concurrence with such use. Ms. Sloan seconded the motion. Mr. Mealey advised the basketball court and Jungle Gym would remain at Pence Park, and he would only use the inside of the field. He believed there would be enough space for a paintball park and small soccer field. 3 Exhibit D . .. 1 , ') " ~ Exhibit C ~ - "'~~~",-'. ~ ';.,: .:.i:t.. . F'q<!o ^ ~ ~ ~le: ">)'''.'~:>~Ff\F;~~;'; "i" ...-t...., ..:: ., , .:' .~.. 'l~~~;;;~~*~~F."\~~_-~ ~~~:~~~:~:.. ..,~..~. '.. _........-~Jfl- _ 1<; .. - -- ,"", ~ """.~ I':i;:':.r. I I~ii(i ~, . . f- .. ' . ~ .' . ~ . "..~ ~ \ , r .,. .. '" ......, - ..- Exhibt B ;.j- r...... ' .' ~~. ; ";:-'-. 11 . .~. ~;,.,"...l/I" ..' .. ~~ '. . ~d Itltl.~ ~~"a'l_-.. . . !y. ~ "', .\~.';'. .' . / ~~ f~~ u - "-.....-,, ........~ -.. ~- .~ ~ ;- .-- --:"';,i.,,, .,..--.- '-r-: -,;;a.,- r;-:;p;;;, ~ - CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\l XII. - LEGAL DEVELOPMENT ITEM A.I Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) D June 19,2007 June 4, 2007 (Noon) D May 1, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) IZJ July 17,2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda IZJ Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D J -.." "_. ':-1 -~-; --...: --. .,.. RECOMMENDATION: Please place this request on the July 17,2007 City Commission Agenda under ~-egal,. Ordinance - Second Reading. The City Commission on July 3,2007, approved this request under Public Hearing:Frid Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No: 07-048. ' '-' ' EXPLANATION: PROJECT: c. AGENT: OWNERS: LOCATION: DESCRIPTION: Las Ventanas (ABAN 07-001) (aka Uptown Lofts @ Boynton Place) Epoch Properties, Inc. Epoch Properties, Inc. Extending 300 feet south of SE 12 th Avenue Request for abandonment of a 50 feet wide by 300 feet long utility easement containing an area of 15,000 square feet or 0.34 acre. PROGRAM IMPACT: N/ A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A ~ City Manager's Signature Assistant to City Manager Director City Attorney / Finance TS\Gulfstream Lumber\Uptown Lofts at Boynton PlacelABAN 07-00 1 \Agenda 1tem Request Las Ventanas ABAN 07- S:\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 07- 0 I S- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF A 50 FEET WIDE BY 300 FEET LONG UTILITY EASEMENT, LOCATED ON THE NORTHWEST CORNER OF FEDERAL HIGHWAY AND WOOLBRIGHT ROAD, SOUTH OF SOUTHEAST 12TH AVENUE, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Epoch Properties. Inc., is requesting that the City abandon a 50 feet wide by 300 feet long utility easement located on the Northwest comer of Federal Highway and Woolbright Road, south of Southeast 12th Avenue, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, andi public hearings have been held before the City's Community Redevelopment Agency, and thel I I City Commission on the proposed abandonment; and WHEREAS, staff finds that the utility easement no longer serves a public purpose, andl the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OFI THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporatedl herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby! abandon a 50 feet wide by 300 feet long utility easement located on the Northwest comer on Federal Highway and Woolbright Road, south of Southeast lih Avenue, subject to staf~ comments. The property being abandoned is more particularly described as follows: That part of the right of way for Southeast 2nd Street (fom1erly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park; thence S. 00 54' 40"E along the west line of lots 20, 21, 22 and 23, 300.00 feet to the southwest s:\C \ rdrnances\Abandonments\Las Ventanas.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 comer of said lot 23; thence N. 900 00'00" W 50.00 feet to the southeast comer of Lot 24; thence N. 00 54'40"W along the east line of lots 24, 25, 26, 27, 28 and 29, 300 feet to the northeast comer of said lot 29; thence N. 900 00'00" E, 50.00 feet to the point of beginning. Said lands lying in the city of Boynton Beach, Palm Beach County, Florida, containing 0.34 acre (15,000 square feet) more or less. A location map is attached hereto as Exhibit "A." Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. 2007. FIRST READING this ~ day of Ju.1 y SECOND, FINAL READING AND PASSAGE THIS _day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray ATTEST: Commissioner - Carl McKoy Janet M. Prainito, City Clerk (Corporate Seal) S:IC I rdrnanceslAbandonmenlslLas Venlanas.doc DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a 50 feet wide by 300 feet long utility easement located on the Northwest comer of Federal Highway and Woolbright Road, south of Southeast lih Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: That part of the right of way for Southeast 2nd Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page 12 of the Public Records of Palm Beach County_ Florida. described as follows: Begin at the northwest comer of lot 20 of said Plat of Central Park: thence S. 02 54' 40"E along the west line of lots 20, 21, 22 and 23, 300.00 feet to the southwest comer of said lot 23; thence N. 900 00'00" W 50.00 feet to the southeast comer of Lot 24; thence N. 00 54' 40"W along the east line of lots 24, 25,26,27,28 and 29,300 feet to the northeast comer of said lot 29; thence N. 902 00'00" E, 50.00 feet to the point of beginning. Said lands lying in the city of Boynton Beach, Palm Beach County. Florida. containing 0.34 acre (15,000 square feet) more or less. 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 ,2007. ATTEST: CITY OF BOYNTON BEACH- FLORIDA Janet M. Prainito City Clerk Kurt Bressner, City Manager STATE OF FLORIDA )ss: COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared KUl1 Bressner and Janet M. Prainito, City Manager and City Clerk respectively, of the City of Boynton S:\CA \Ordi nances\Abandonments\Las Ventanas .doc 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 ,2007. day of NOTARY PUBLIC, State of Florida My Commission Expires: S:\CA IOrdl nanceslAbandonments\Las V enta nas ,doc Exhibit 'A' · Location Map I I It II I ~ =- I ! ~tJ, i.-iw D.V~ ~J ,+.I.~. ~ I f=:- I ~H AVE j DJIDIIIJ I!== -- I (\ I I I J I >- ~rJ=I I~~l, I 1.1 h.l . ~ EEmm~n A - - /~ (~ \ i Ii -' R / J I D I---"'~ ~ 1 .A I fJ;' - '-' -H '- If= .L_ L I:},.D I I BJIIIIlJ I u u / r- e-' rr ! ~ 07 I [E---i / := / I 1 I r ~ c I ~ \r; tJ I I .I,..L-1 ~ I i. J ~~ I V I 1"1 I I \.---1 I . ,J, '1"''' ~.. n rJ) v I 11 I nJ /1 l I '../... "i/ -y,r I ~,{ .1 I lVE I v/ I / ~ I I -, I 1 I I r- 0 1/ lfj Ij//; / IRW~~T~IAi,~ 51: lTJ.ilVI 1ft 1/lffi .~ l } I I I _lluOO~ ! // I I ! ! - i 7 ~ ~ I . SITE . I I U dlJI 1 I i 'i MAIN I Lv~j_"'a:r...IA"LI I i f--[- -;~ I >- / I I ~ / !~ t se 20TH j"l~ I I( r 1// &J Cf.lIJ f0 I c LY.20tHldr fnQJ 7 [Jj1]Q] Jl OJ /;/ /~J~~ ~J L;-~ A~ ~~l~'! ~JJI: ( I 9 . 590 I . ! i j I I j ! " 2,360 ~ I FeetWT 5 295 o 590 1,180 1,770 '"J' DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-048 TO: Chair and Members Community Redevelopment Agency Board .., ... <:7 Michael W. Rum~~ Planning and Zoning Director THRU: FROM: Kathleen Zeitler p-- Planner DATE: June 5, 2007 SUBJECT: Las Ventanas - Abandonment of a Utility Easement (ABAN 07-001) NATURE OF REOUEST Mr. Greg Jacoby of Epoch Properties, Inc., the property owner of the forthcoming Las Ventanas project (formerly known as Uptown Lofts), is requesting to abandon / vacate an existing utility easement (50 feet by 300 feet) located on the portion of the former right-of-way of S.E. 2nd Street extending three-hundred (300) feet south from the south edge of S.E. 12th Avenue, west of Federal Highway. A portion (50 feet by 300 feet) of public right-of-way on the subject property was previously abandoned by Resolution 02-214 (ABAN 94-004 - Gulfstream Lumber Company). A condition of Resolution 02-214 required the dedication of a 50 foot by 300 foot utility easement. All utilities have been relocated from the easement to other areas on site to accommodate the proposed construction of the Las Ventanas project. The easement is no longer necessary and the City Engineer requires it to be abandoned prior to plat approval. The location map attached as Exhibit "A" shows the general vicinity of the Las Ventanas project at the northwest corner of Federal Highway and Woolbright Road. The attached Exhibit "B" shows the approximate location of the requested abandonment on the site plan for Las Ventanas, The attached Exhibit "C" is a portion of a recent survey of the project site and includes a detailed location of the easement to be abandoned and its legal description. The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - right-of-way for S.E. 12th Avenue; South - property of the proposed Las Ventanas project, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); East property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low); West - property of the proposed Las Ventanas development, designated Mixed Use (MX) and zoned MU-L (Mixed Use-Low). BACKGROUND In May of 1925, the Plat of Central Park was approved, which dedicated to the City a 50-foot wide right-of- way named Ronald Street (now known as SE 2nd Street). The segment of this street located south of S.E. Page 2 Memorandum No. PZ 07-048 ABAN 07-001 12th Avenue dead-ended approximately 300 feet from the S.E. 1th Avenue intersection. This portion of Ronald Street (50 feet by 300 feet) was surrounded on three (3) sides by Gulfstream Lumber Company. In 1994, Gulfstream Lumber Company requested abandonment of this segment of right-of-way (ABAN 94- 004). The abandonment was approved on May 2, 1995 by Resolution 02-214, subject to the recording of a utility easement on the entire 300 foot length of right-of-way. Gulfstream Lumber has since sold their property, and the Las Ventanas project (formerly known as Uptown Lofts) has been approved for the site. The approved project is a mid-rise mixed use project with 43,361 square feet of retail space, 404 apartment units, 20 townhouse units, and 70 loft units planned on 14.63 acres. The utility easement to be vacated measures 50 feet in width by 300 feet in length. The subject property and properties located on the south, east and west sides of the easement to be abandoned constitute a part of the proposed Las Ventanas development. All existing utilities within the easement will be relocated within the boundaries of the proposed project, therefore the subject utility easement to be vacated no longer serves a public purpose. Prior to the issuance of building permits for the Las Ventanas project, a replat of the site is required. Prior to acceptance of the final proposed record plat, the City Engineer requires that the utility easement be abandoned due to the relocation of the utilities, and to remove a "cloud" on the proposed development caused by planned construction of proposed buildings on top of the utility easement. ANALYSIS Pursuant to Chapter 22, Article IV, Section 4, public notice was given, all utility companies have been notified and the request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering Public Works/Utilities Planning and Zoning No objection No objection No objection PUBLIC UTILITY COMPANIES Florida Power and Light Bell South Florida Public Utilities Company Cable Company (Comcast) Approval with conditions No objection No objection No objection RECOMMENDATION All utilities have been relocated from the subject property to accommodate the Las Ventanas development, and the utility easement no longer serves a public purpose. Therefore, staff recommends that the request to abandon a utility easement, located on a portion of former S.E. 2nd Street that was abandoned per Resolution 02-214 as described above, be approved subject to the comments included in Exhibit "D" - Conditions of Approval. Any conditions required by the Community Redevelopment Agency Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. S:IPlanningISHAREDlWPIPROJECTSIGulfstream LumberlUptown Lofts at Boynton Place\ABAN 07-0011Staft ReportGulfstreamLumberABAN.doc ! I I I I I I ='- .... D.VI;; ~~7t~ ~, l; I r.= '-- t-- UH AVE ~ I F- -- J ) \ I I I J t-- l J.I T " .. ~ 0-, '.I-hJ} h BBIDB'~ J==t t- t - J / r-r---~ J I JT" J I - :t I' I~ n I; ~ (/ i'--.H~ 1 I EillIIJll .. "r;'I~~ ~ /~L : B/ .L "j' ~tI ! ~U I I - ~= /, f- I rljl ~JI= kd I M I IJ .,..l.l1' I I 11, lJ. J2"" ~u"'j 1 I..J I /' 1 ITllTlTI I II ,. ~r L$ I I l' "I 1. J.v. LJJTIIIDJ 1, II.~~;I 'l'///'i; "'HUG HARBOR PR / I I I v~~~~/ 101/1/;/ - II ~VII,.a ,,11I.L-t: SI; I~~TJ. hVI~ tJ~~~~>>~~~1j#1'J 11/ ~~%I I //~ ~?J I I 111[[, @l~~~~~~ I -IAtOO~1 RIGH'f-RD II tj' LU ~ SITE (' Exhibit "A". Location Map I I I - '- \ 7 L I c - MAIN I LVo/ J ~ ~~ 1/ - ~ t sl!2drHAVE :. 'I:Zj T [JjJ][]J - 1 7;/! / / 1 IJ,J I i;,~ k~~,j J..' 1-= "a:r.w IAULI J ~ - '"~ - I ( ( J r . 590 l 295 o 590 1,180 1,770 N 2,360 ~ 'FeetWT s r~--- EXHIBIT B p,....... ._'" O,\"'.\oOUlflI\CAOCl\~T\COHC::lPr,...... CO'iCljOI J .... 1', 200~ jo,~'_ .~ "')110oo"'.:'_'"' - --- ,- - - -........... -' -,.............. "-' ..---. ...--... - - - --,...- .-..-...-......""- ,- - - - - -,.. ...-..- --..-., -..--~. -- -........ -" " ,--~ ... it : i '-., J:Q if; 'tri<'~'{i'''i:'!':~~;''',""" iC".,O"',;::;,:,,{::;,~:",;;~,,;~::: i 1 V i! Pilu 1\ i' \ "I ! i ~ ; \..~: i :1,: I I"T I' 8't. i. ! ~I I j' 1.1 iil i I"\! I J i. f:1. j"'li' "11nb'l\ 1: !!: I ".,.. !i I.l~ !i \~ \: \:. 1\' i :',:: I ! l~! ~.i l.!\!~!i\ I :.t. ! .~ ",'1 f.>IM,., ',! 1 r, .L'I l" ..J !, I'; . . ":~:i7_:";'! I i :!I ....~A Ii 01, \;1\'1 l~ I., ~ s 1;: j: (;! j-": ~' . ,I 'i1 "I Ii! 1:\ I~ !"' !j ::> ;1 'Ii ;~~~:~;;~:0~~~~~~(2%~~~~ "::~':1;1 r: , I : ,: ~ "\ ;.~~ \ I ilr I" I!! 111111' !Ili 1'1 im!l~ l'lm~i I ! illll!llllllllllli!\ ij! II lilt illlllll! Ilillllll~ill,II!~1 !. I I. I \! .Iq I! Ii i l'lllllllllllrll~ 1"..11 ':.!f"!Ii~!r: 1 111\111 11llJllullJI l_u1 .11..JI U[([t IIIJll if if' fl III ltll III! f .!If I f!n I! If I It ,I l~j I i I it in! ;1 iJiI :r:: !lhl 1m " .. II!! 'II 1\1. I~ i~ !<II !(i)1 !~:~ . ~ t n ~~ GULF STREAM LUMBER 8 8& II - 80'r't0'7OH DfAO 'Li)'t1l:A ___-J CONCEPTUAL SITE PLAN .",...... .. .' ,( " I' i: ~' , , '. , ii ',I \ I ., . DAft I"" '-'"'1-80 ....... TR -"..., ----=---_ T _0 1 A C K . - 6576 MAp ~----!: 4 ~ "'rn :.- C IN -r -' rr; C . . Z fT'", " o z !E (\ 7: ,^ \ I a ~ ,..,...,E ~ --< "'" ~.O r '" r-" ':::;000 ~r=f'Tl(j') ':"':-c::!;2 ~ ~-<~ ~~~~ "'-< ~~ ~)> :;!r " ~~ ~\ \ \ \ gO~b ;Q~~~ 1TI;:;;,,0 ZZI"T1 r ~v CD(J) ^ c: ~~ ; '1~ F )> Z o o Vi ^ AREA OF REQUESTED EASEMENT ABANDONMENT Legal Description of Reauested Easement Abandonment That part of the right of way for Southeast 2"d Street (formerly Ronald Street) as shown on the plat of Central Park, according to the plat thereof recorded in Plat Book 12, Page l2 of the Public Records of Palm Beach County, Florida, described as follows: Begin at the northwest corner of lot 20 of said Plat of Central Park; thence S. 0.54' 40" E., along the west line of lots 20, 21, 22, and 23, 300.00 feet to the southwest corner of said lot 23; then N. 90 . 00' 00" W., 50.00 feet to the southeast corner of lot 24; thence N. 0 . 54' 40" W., along the east line of lots "4, 25, 26, 27, 28, and 29, 300 feet to the northeast corner of said lot 29; 1ce N. 90.00' 00" E., 50.00 feet to the point of beginning. ~< c '8 g o q S I I "'I fJl, ~, .8, I I , z(j 1 !!!~ , go I ~~ I ~" , 8 -iT OF WAY UNE -I 68.00'(0) OJ )> ;u (') C'l , N -i '" N co u. iO q '" S :.., ~. S (fl <5 '" ~ A 0 Z r Z '" 264.00'(0) , \ s ~ :g ~ @2'i111f1jj R II "'~(,oj~ (J)"'CXl",CXl...l ~~~:....iOOl oio<.l!."":.a,t VI CXI (...I II t.i . . '" " :IE , L ORIGlNA~ WESTERLY RIGHT1'or WAY LINE ~ \. I '\I 1/ / - (FEDERAL ~TMENT OF MAP SECT' -+ Z-" . 01 oZ ,,", ,,01 ,.!~~ :I:)>-1 >iC:U1 {jj;:gciJ o " ~ :;0 ~ (") gci~(j ;Qgj~~ ~ !:2~;:g0 ~ {jj(J)0~~ C CD.3 ~~ ; ~:::o ("') HIQHWAY STATE TRANSPORTATION ON Nn ........._ _ 00 c -z 00 f/".;::-- ~' -< ...,,, ';'2 r"l tT1O?J X"'01 C)01l/1 010.., Nr u ;::0 ~ ~ 6~ ~ z~~ -0 ~~lf) ~ Lol.t:;~ (') ,,'" ::'C Cl Ol '" .... ~ co N :. "! ~ ~ co e N' ~ VI ~ o a r ~ EXHIBIT "e" '" o. Cl -" '" z C) '" --~ C) a rr'ly!-< "'-)> . co Z O.i...2 o "" ~ o.~ d ;Qgj~~ ~~~O ti;(J)O, c: N (,0- , UliTl ij '1:::0 (") ,... <-: I oJ02.78'(M) / "'0'" "'0'" "'0"" rT'lCl ::0 "'0'" X"'01 x,,",'" C)"'(fl '"''''(fl x",,,, X0101 x",,,, O10~ "'O~ "''''(fl C)01l/1 "''''(fl "'0..., 010 ~ "'0.., t'V 5 ~CD ~ N 0 ~CD ~ ," '" " '" " '" NO:::!CD R r:x5C;6gg N r :jtD 0 LT1 -l ~~ 6 Q)-1~~6 '-J ~~~6 (()S~~B z -l ZA 0 0> ... z ~.:>.~ ~.f:o.~ ... Z "D ~~ 3i to ",... '" ",... l/1 !d VI.~ ~ v._~ ~ v..~ ;:g l.oJ.~~ 5; loop;! ril ,,'" ,,'" ,,'" ,,'" 0 ,,"" ~ Cl Cl Cl Cl C'l CJ , . '" [j, '" '" ... I"T1 '" '" ~ '" Ol ~ ... ... RONALD STREET (SE 2ND STREE RONALD VACATED 50' WIDE RIGHT OF WAY '" 50' "'DE UTIUry EASEMENT STREET o. PER ORB 15721. PAGE B20 & ORB 15721. PAGE B26 EXCEPTION 32 (flSi' o '" "'''' 0)> ....r 'A CJ( al Y'-<r )>[ -z. "'", OI '0 '" fTl""OO::O rTl""OO::O ~G)~~ ~C)~~ JTlc....O-i f'T1l;.10..-, ""001::0 ""tl CT.l :::0 ~.f:o.~~ g.:>.~~ f'J 5 ~ ~ ~ ~ 5~ ~ ~ ~-l~.:>.U1 -1l..J ~Vl UJ ~~ l.-J _~;:g . '" '" (flSi' '0 ",01 ...,::!; .)> Oc- .'" N' RESTRICTIONS PER o 0 DEED BOOK 426. PG 364 -; EXCEPTION #33 RESTRICTIONS PER DEED BOOK 426, PG 364 EXCEPTION #33 "D }> :u o r'l , (fl <5 C'l (,oj '" 0> ~ ?' A --J 0 0> z l~ c- Z 1'-"" '" -, coO -; OJ }> ~ CENTRAL C'l , /-~~.., ~ ~ ~~ Z~."zfT1 L6 O~~ C'l r 0 ~z CXl , ijO .\ --J C E N T R ALP ARK '.PLAT BOOK 12 ~~~~'" ~O "l/l.,., ~t:oil ~ ~ m~ ~O 6~~ 5 5 0 ~ 5 ~~ ~ ~ 5 z ~ ~ --l~ ~ -i z~ ~ C --l ~ ~~m5~ U1fDU) OE ~ -g ,,; (".Ie UI P!iTl '- ",::::0 ~ 010'" XC'lC'l C)C'l (fl "'0'" " '" ~ r 6~ ~ ~ 9 z~~ ~~...., (..o.I~~ ~ ,,'" CJ ~ I \ I 'oJ OJ PAR K o "(J)"" mO-lo ~~~~5 zlTl"C -; ZITl ~ {jj 0,,-,, ~ '" (,oj- " UliTl ~;:o rrl""OO ;0 XGJrrlfTl C) O1(fl f'Tl(...l 0 -1 "co '" =,W(Dt=) ~ ~6 ~ ~~ (...l .~;;? '" RESTRICTIONS PER DEED BOOK 426. PG 364 EXCEPTION #33 (") ~ ~ ~ ;:../"', I '" /, "'U'l-....JZ '" (fl' C) / co-tv,." --<~ ~ Q~U: \ ~,." ~(D-o "(I) (I) 0 ~~ ~~~ ^-I1"T1 o "(J)"" :I:>-I aJO-lO ~~ og;?) >iC:U1 :::oaJ>c C) z. ,", ;:;;~~6 -)> """C CDa~ OJ ....c- ("He) = ZZ1Tl -< o '= )> " "'..., 0> {jj o~ ;u 0-< <0 :;0 (I) '- (') '" C'l ~ (") c '" r'l " )> (,oj- " , }> i': ==~~c UliTl :;0 :u . rrl' -1 ~:::o - " z r (") --.J (') S :fl"o~~ N "., v;.r"1U'\-( ~, , ",0 ~ "<D. ~~ '" 0 q -, Ol S RESTRICTIONS PER Ol DEED BOOK 426, PG 364 ^'~ ~ EXCEPTION #33 :I:)>-I )>iC:<.n ,", a:Ja~~5 Q) ;0 -l 0> -.,., Zo , (J)C I-Z )'il0 :IE " )>X ~ . (") c: -I g :i! '" '" c- o( '" c; I .., o ." Oi )> -< c- Z '" , coO -; " 01 Z , OlO -; , "0 .... P AGE 1 2 r' ","0 .... , NO -; r -0 .... OiZ .,., '00 . c: --Z ~OO ;:0 (") (fl <5 C'l '" )> -~-- '- ~ ~ -- ij o 0.. ROAD NO. RIG H T 5) j I EXHIBIT "D" Conditions of Approval Project name: Las Ventanas File number: ABAN 07-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X PRIV A TE UTILITIES Comments: 1. Florida Power & Light has no objection to the abandonment contingent X upon the following conditions: a. Additional easements must be granted to FPL for any and all proposed FPL facilities necessary to service any and all future construction requiring electrical service at abandoned site. b. All easements where FPL facilities exist are not considered abandoned until said facilities are de-energized, relocated and/or removed. c. Any and all cost resulting in the relocation or removal of FPL facilities due to said abandonment are paid by the customer and/or property owner and/or requesting party. FIRE Comments: None X POLICE I Comments: None X i ! ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X i i Conditions of Approval 2 Las Ventanas DEP ARTMENTS INCLUDE REJECT P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I I I 1. To be determined. I S:\Planning\SHAREDlWP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton PlacelABAN 07-001\Condition of Approval Las Ventanas.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Las Ventanas APPLICANT'S AGENT: Epoch Properties, Inc. APPLICANT'S ADDRESS: 359 Carolina Avenue, Winter Park, Florida 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 3,2007 TYPE OF RELIEF SOUGHT: Request to abandon a fifty (50) foot wide utility easement located adjacent to Lots 20-23 to the east, and Lots 24-29 to the west, Plat of Central Park LOCATION OF PROPERTY: Northwest corner of Federal Highway and Woolbright Road, south of Southeast 1 ih Avenue 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 "0" 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\Gulfstream Lumber\Uptown Lofts at Boynton PlacelABAN 07-001\DO.doc XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlVI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April l7, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4. 2007 (Noon) D May l, 2007 April l6, 2007 (Noon) D July 3, 2007 June 1 8, 2007 (Noon) D May 15,2007 April 30, 2007 (Noon) X July 17,2007 July 2, 2007 (Noon) D June 5,2007 May 14, 2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) D Announcements/Presentati ons D City Manager's Report,.. " _..1 D D , NATURE OF Administrative New Business ---... AGENDA ITEM D Consent Agenda X Legal D Code Compliance & Legal Settlements D Unfmished Business C,"j Public Hearing D -n RECOMMENDATION: Revision of Chapter 16, "Parks and Recreation", Article II, "City Parks and Beachesr\.:City~:Qr; Boynton Beach Code of Ordinances :;. , J _ >> EXPLANATION: Staff became aware that the City of Boynton Beach Code of Ordinances prohibits all animals from the' City's parks and beaches, including service and work animals. - . \..:-) PROGRAM IMPACT: The passing of this ordinance will allow persons with service or work animals to have the animals accompany them to the beach and parks. FISCAL IMPACT: N/A AL TERN A TIVES: Do not approve change. ~._-- ......~. ~ --- _....~" -""..........". -.,., ~ City Manager's Signature Department Head's Signature Recreation and Parks Assistant to City Manager Department Name City Attorney I Finance S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORMDOC ORDINANCE NO. 07- 3 AN ORDINANCE OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 16, "PARKS AND RECREATION", ARTICLE 6 II, "CITY PARKS AND BEACHES" BY AMENDING 7 SECTION 16-39, "ANIMALS PROHIBITED," TO 8 PROVIDE FOR ALLOWING LAW ENFORCEMENT '! ANIMALS AND SERVICE ANIMALS ON BEACH AND 10 PARKS WITHIN THE CITY; PROVIDING FOR 11 CONFLICT, SEVERABILITY, CODIFICATION AND AN 12 EFFECTIVE DA TE. 13 14 WHEREAS, staff has become aware that the City of Boynton Beach Code of 15 Ordinances prohibits all animals from the City's beaches and parks. ineluding those animals J 6 that should be reasonably allowed on the beach and in the parks: and 17 WHEREAS, the City Commission of the City of Boynton Beach. Florida has 18 determined that it is in the best interests of the citizens and residents of the City to amend the 19 Code to provide for the allowance of animals used by la\\ entc)rcement and service animals on 20 the beaches and parks within in the City. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~' _0 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. That Chapter 16, ., Parks and Recreation", Article 11 "City Parks and 26 Beaches" Section 16-39, "Animals Prohibited," is hereby amended by adding the words and figures in underlined type, and b) deleting the words and figures in struck-through type. as 27 28 J-~_ 1 t~...__ lUlJU\Y~. 29 See, 16-39. Animals prohibited. 30 31 No person shall have, or be permitted to have, any dog or other domestic animals on any designated beach or park area at any time whether muzzled, leashed or not,. Animals used b\ law enlc)reement or scn icc animals. trained to aid persons \\ith disabilities. shall k exempt from this see! i.QIl, ,~ 0_ 33 34 Page I Deleted: , proVided that dogs. cats and other domestic anllnals are permitted tu remain In a parked vehicle In properh deSIgnated parklllg areas but no domcstl~ anImal shall be permitted \0 run al lar!-,-'-' 2 Section 3. Should any section or provision of this ordinance or portion hereof, any 3 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 4 such decision shall not affect the remainder of this ordinance. 5 Section 4. Authority is hereby granted to codify said ordinance. 6 Section 5. This ordinance shall become effective immediately upon passage. 7 FIRST READING this _ day of ,2007. 8 SECOND, FINAL READING AND PASSAGE this_ day of 9 2007. lO 11 ]2 l3 14 15 16 l7 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 Janet Prainito, City Clerk 3] 32 33 34 (Corporate Seal) 35 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy Page 2 XII. - LEGAL - 1st Reading ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May I, 2007 April 16,2007 (Noon) D July 3, 2007 June 1 8, 2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) IZJ July 1 7, 2007 July 2, 2007 (Noon) D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 1 6, 2007 (Noon) RECOMMENDATION: _. Modify the current City code to eliminate the surcharges on potable water rates during water shortage emetgencies. EXPLANATION: Currently, section 26-42(b) of the City's code mandates the imposition of surcharges for potable water use exceeding 9,000 gallons per month, whenever the South Florida Water Management District declares a water shortage emergency. The intent of the new ordinance (07- -> is to eliminate those surcharges, effective immediately. PROGRAM IMPACT: The surcharges promote water conservation. Elimination of the surcharges will remove any additional incentive to conserve water during water shortage emergencies. FISCAL IMPACT: Water sales revenues during emergency conditions will decrease as a result of eliminating the surcharge. ALTERNATIVES: I. Do not rescind the surcharge 2. Modify th code to grant the City Commission the option of imposing a rcharge during a water shortage " emerge y. ) /)0 . . 'V~-S0 rr. 'ut= .=- l)~ Department Head's Signature City Manager's Signature Assistant to City Manager UTILITIES Department Name City Attorney / Finance XC: Peter Mazzella (w/copy of attachment) City Attorney Finance File S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ORDINANCE NO. 07- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING CHAPTER 26, WATER, SEWERS AND 6 CITY UTILITIES, AMENDING SECTION 26-42, 7 DELETING PARAGRAPH (B) RELATING TO THE 8 SURCHARGE FOR POTABLE WATER DURING THE 9 DECLARATION OF A WATER SHORT AGE OR 10 WATER SHORTAGE EMERGENCY; AND PROVIDING 11 FOR CONFLICTS, SEVERABILITY, CODIFICATION 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 15 best interest of the citizens and residents of the City to delete Chapter 26, Article III, Section 16 26-42(b), thereby rescinding the paragraph establishing a surcharge for potable water during 17 the declaration of a water shortage or water shortage emergency; 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above IS true and correct and 21 incorporated herein by this reference. 22 Section 2. That Chapter 26, Article Ill, Section 26-42, entitled Declaration of 23 water shortage; water shortage emergency, is hereby amended in part by deleting paragraph 24 (b) as follows: 25 26 27 28 29 30 31 Sec. 26-42 Declaration of water shortage; water shortage emergency; surcharge. 32 33 ill The declaration of a water shortage or water shortage emergency within all or any part of the City of Boynton Beach by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the City of Boynton Beach, or any portion thereof, shall be subject to enforcement action pursuant to this article. Any violations of the 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation ofthis article. (b) Upon the declaration of a ',vater shortage or \'.'ater shortage emergency as described in (a) abo'.'e, a surcharge shall be added to the charge for potable water on all customers using more than 9,000 gallons per month. Charges shall be applicable during the first billing cycle f-ollov.'ing the declaration, and shall remain in effect until the declaration is lifted, as follo'.vs: Vol ater Shortage Phase I II III rv Percent Surcharge Appliod 15%, 30% 15% 60% Section 3. Each and every other provision of Chapter 26, not herein specifically 17 amended shall remain in full force and effect as previously enacted. 18 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 19 same are hereby repealed. 20 Section 5. Should any section or provision of this ordinance or portion hereof, 21 any paragraph, sentence or word be declared by a court of competent jurisdiction to be 22 invalid, such decision shall not affect the remainder of this ordinance. 23 Section 6. Authority is hereby granted to codify said ordinance. 24 Section 7. This ordinance shall become effective immediately upon its passage 25 and adoption. 26 {REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK} 2 FIRST READING this _ day of ,2007. 2 3 4 5 6 7 8 9 10 11 12 SECOND, FINAL READING AND PASSAGE this ,2007. day of CITY OF BOYNTON BEACH, FLORIDA Mayor -- Jerry Taylor Vice Mayor - Jose Rodriguez 13 14 15 16 17 18 19 20 21 22 23 . ATTEST: Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (CORPORATE SEAL) 33 34 :. ~\1"'! OJ::- \ (. ) Q,\ .IX o /0 J-",___ ,.J"/~ ~ ~'QN~. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM XII. - LEGAL ITEM D.l Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 17,2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May 1,2007 April 16, 2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15,2007 April 30, 2007 (Noon) IZJ July 17,2007 July 2,2007 (Noon) ,'~.'. .-.-1 D June 5, 2007 May 14,2007 (Noon) D August 7, 2007 July 16,2007 (Noon) ~ ,'-', D D r,,) AnnouncementslPresentations City Manager's Report 0' NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda IZJ Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Designate either Mayor Taylor or Commissioner McKoy as voting delegate to the Florida League of Cities 81 sl Annual Conference, August 16 - 18, 2007 in Orlando, FL. EXPLANATION: The Florida League of Cities Annual Conference will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. PROGRAM IMPACT: N/ A FISCAL IMPACT: (Include Account Number where funds will come from) N/A ALTERNATIVES: N/A Department Head's Signature ia~ City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A VOTING DELEGATE TO REPRESENT THE CITY OF BOYNTON BEACH AT THE FLORIDA LEAGUE OF CITIES, INC., 81st ANNUAL CONFERENCE TO BE HELD AUGUST 16-18, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida League of Cities Annual Conference will be held on August 16-18,2007; and, WHEREAS, the City of Boynton Beach is entitled and urged to appoint one voting delegate to said Conference and wishes to bestow upon the following named individual such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach. Florida hereby appoints as a voting delegate to the 81 st Annual Florida League of Cities Annual Conference to be held August 16 .~ 18, 2007. Section 3. That this Resolution shall become effective immediately upon passage. I I I I I J. PASSED AND ADOPTED this _ day of July, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy ATTEST: Janet M. Prainito, City Clerk (Corporate Seal) S:ca\Reso\apptsIFLC - 80th Annual Conf !,~, ,p i \; 1:,\ I JUN I 1?0 . . , U U~-O CITY MANAGER'S OFFICE FLORIDA LEAGUE OF CITIES, Ne. ,___"~'_~~_h_.'_ 301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757 (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com TO: Municipal Key Official FROM: Michael Sittig, Executive Directo~ DATE: June 8, 2007 SUBJECT: 81st Annual Conference - Celebrating FLC's 85th Anniversary VOTING DELEGATE AND RESOLUTION INFORMA nON August 16-18, 2007 Orlando Marriott W orId Center As you know, the Florida League of Cities' Annual Conference will be held at the Marriott W orId Center in Orlando, Florida on August 16-18. This year we are celebrating the Florida League of Cities 85th Anniversary. We will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each municipality designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipalities vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2006. Registration materials have already been sent to each municipality. Call us if you need additional copies. We have attached the procedures your municipality should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616-1513, extension 116. Resolutions forms must be received by the League no later than July 12, 2007 and Voting delegate forms must be received by the League no later than July 27, 2007. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions President Rene Flowers, Council Vice Chair, St. Petersburg First Vice President Frank Ortis, Mayor, Pembroke Pines + Second Vice President Carmine Priore, Council member, Wellington Executive Director Michael Sittig + General Counsel Harry Morrison, Jr. Procedures for Submitting Resolutions Florida League of Cities' 81st Annual Conference Orlando Marriott World Center, Orlando, Florida August 16-18, 2007 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 12, 2007, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy council. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. 81st Annual Conference Florida League of Cities, Inc. August 16-18, 2007 Jacksonville, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Desi2:nation of V otin2: Dele2:ate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 175Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Important Dates May 30, 2007 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee J DIy 2 Appointment of Resolutions Committee Members J DIy 12 Deadline for Submitting Resolutions to the League office AD2:DSt 16 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration AD2:DSt 18 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\--. XII. - LEGAL ITEM D.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 D April 17, 2007 April 2, 2007 (Noon.) D June 19, 2007 June 4, 2007 (Noon) D May l, 2007 April 16,2007 (Noon) D July 3, 2007 June 18,2007 (Noon) D May 15, 2007 April 30, 2007 (Noon) IZJ July 1 7,2007 July 2,2007 (Noon) D June 5,2007 May 14,2007 (Noon) D August 7, 2007 July 16, 2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM D Consent Agenda [gJ Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: To approve a Preliminary Rate Resolution No. 07-_for the Fire Assessment EXPLANATION: The staff has analyzed the projected revenue needs for the Fire Assessment for FY 2007-08. The City's Consultant prepared an analysis of housing counts and has recommended that the City stay at the 2007-08 levels so as to not increase the rate for single-family, multi-family and commercial properties. The methodology for assessment of non-residential is the same as the 2006-07 rate system (tiered rate system). Once the City Commission has adopted a preliminary rate resolution, the notices to property owners will be sent out. A public hearing on the final 2007-08 Fire Assessment rate will be conducted on Thursday, September 13, 2007. At that time the City Commission may elect to affirm the 2007-08 Fire Assessment Rates or reduce them. PROGRAM IMPACT: This is the legal requirement to establish the basis for the formal public hearing on September 13, 2007. FISCAL IMPACT: The single-family residential rate stays at $70. The multi-family rate stays at $42. The Commercial and Industrial rates remain at the same tiered rates as 2006-07. The retaining of the current rate structure is an integral element in insuring adequate funding to continue with the Fire Rescue capital expansion program. Without the projected 2007-08 fire assessment revenues, there will be insufficient funding to proceed with construction of Fire Station #5, including the EOC and ITS areas. AL TERNATIVES: Capital construction funds for the construction of Fire Station No.5 (which includes Fire Administration headquarters, an emergency operations center & ITS servers) would need to be obtained through additional borrowing. ~/ Department Head's Signature ~ ity Manager's Signature Fire Department Name S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA PRELIMINARY RATE RESOLUTION ADOPTED JULY 17, 2007 SECTION 1. SECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 9. SECTION 10. SECTION 11. SECTION 12. SECTION 13. APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX 0: TABLE OF CONTENTS Page AUTHORITY. ....... ..... .......... ........... ........................... ....................... 1 PURPOSE AND DEFINITIONS. ...................................................... 1 PROVISION AND FUNDING OF FIRE RESCUE SERVICES. ........ 2 IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. ......... ..... ............. ............... .......... .........................2 lEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. ....................................................... 2 COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. .... ..... ......... .......... ............... .............................3 DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RA TE S. ............................................................................................ 3 AUTHORIZATION OF PUBLIC HEARING....................................... 5 NOTICE BY PUBLICATION. ............................................................ 6 NOTICE BY MAil. .......... ......... ................................. .................. .....6 APPLICATION OF ASSESSMENT PROCEEDS. ............................ 7 EFFECTIVE DATE...... .......................... ..... '" .......... ..... ..... ............... 7 ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE ...... ..... ......... ...... ........... ........ ......................... .A-1 FORM OF NOTICE TO BE PUBLlSHED.....................................B-1 FORM OF NOTICE TO BE MAilED........................................... C-1 REVISED IMPROVEMENT CODES ......... ............... ........ ............ 0-1 CITY OF BOYNTON BEACH, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF BOYNTON BEACH, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Fire Rescue Assessment Ordinance (Ordinance No. 01-56) (collectively referred to as the "Ordinance"); the initial Assessment Resolution (Resolution No. R01-217); the Final Assessment Resolution (Resolution No. R01-249); sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Preliminary Rate Resolution as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the reimposition of Fire Rescue Assessments for the Fiscal Year beginning October 1, 2007. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. 1 SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES. (A) Upon the imposition of Fire Rescue Assessments for fire rescue services, facilities, or programs against Assessed Property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the cost to provide such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining cost required to provide fire rescue services, facilities, and programs shall be funded by legally available City revenues other than Fire Rescue Assessment proceeds. (8) It is hereby ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the Property Use Categories. Fire Rescue Assessments shall be computed in the manner set forth in this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are affirmed and incorporated herein by reference. 2 SECTION 6. COST APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. (A) Except as provided herein, the Cost Apportionment and Parcel Apportionment and the applicable explanatory appendices embodied and incorporated in the Initial Assessment Resolution and the Final Assessment Resolution are affirmed and incorporated herein by reference. (B) Due to a scrivener's error, Appendix E, Section E-2(F), of the Initial Assessment Resolution, as confirmed by the Final Assessment Resolution, is hereby amended as follows: (F) For each of the non-residential Property Use Categories, multiply the resulting quotients from subsection fAt .u;} of this Section by each of the respective products in subsections (C)(1) through (C)(9) of this Section. The resulting products for each non-residential Property Use Category expresses a series of gross dollar amounts expected to be funded by all Buildings in the respective non- residential Property Use Categories in each of the square footage categories described in subsection (B) of this Section. [strikethrough indicates deletion; underline indicates additions.] (C) Due to the addition of a new building use code assigned by the Property Appraiser to Tax Parcels within the City, a new list of Improvement Codes is attached hereto as Appendix D and incorporated herein by reference. SECTION 7 . DETERMINATION OF FIRE RESCUE ASSESSED COSTS; ESTABLISHMENT OF ANNUAL FIRE RESCUE ASSESSMENT RATES. (A) The Fire Rescue Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2007, is the amount determined in the 3 Estimated Fire Rescue Assessment Rate Schedule, attached hereto as Appendix A. The approval of the Estimated Fire Rescue Assessment Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount of the Fire Rescue Assessed Costs. The remainder of such Fiscal Year budget for fire rescue services, facilities, and programs shall be funded from available City revenue other than Fire Rescue Assessment proceeds. (8) The estimated Fire Rescue Assessments specified in the Estimated Fire Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2007. No portion of such Fire Rescue Assessed Costs are attributable to impact fee revenue that funds capital improvements necessitated by new growth or development. Further, no portion of such Fire Rescue Assessed Costs are attributable to the Emergency Medical Services Cost. (C) The estimated Fire Rescue Assessments established in this Preliminary Rate Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2007 as provided in Section 8 of this Preliminary Rate Resolution. (0) In addition, the City Manager shall seek the collection of any delinquency or past due amounts attributable to each Tax Parcel for Fire Protection Assessments imposed, but erroneously omitted, during Fiscal Year 2006-2007, along with the estimated Fire Rescue Assessment for such Tax Parcel as approved and applied in accordance with this Preliminary Rate Resolution. 4 SECTION 8. ANNUAL ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1, 2007, in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Parcels within the Property Use Categories. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, documentation related to the estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition of Fire Rescue Assessments, and the updated Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll proposed for the Fiscal Year beginning October 1, 2007 be in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 6:30 p.m. on September 13, 2007, in City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, at which time the City Commission will receive and consider any 5 comments on the Fire Rescue Assessments from the public and affected property owners and consider imposing Fire Rescue Assessments for the Fiscal Year beginning October 1, 2007 and collecting such assessments on the same bill as ad valorem taxes. SECTION 10. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 9 of this Preliminary Rate Resolution in the manner and time provided in Section 2.04 of the Ordinance. The notice shall be published no later than August 23, 2007, in substantially the form attached hereto as Appendix 8. SECTION 11. NOTICE BY MAIL. (A) The City Manager shall provide notice by first class mail to the Owner of each parcel of Assessed Property in the event circumstances described in Section 2.08(F) of the Ordinance so require. Such notice shall be in substantially the form attached hereto as Appendix C. Such notices shall be mailed no later than August 23, 2007. (8) In accordance with Section 2.05(8) of the Ordinance and pursuant to Chapter 92-264, Laws of Florida, a special act relating to the Property Appraiser, the City Commission shall provide additional notice of the Fire Rescue Assessment as part of the notice of proposed property taxes under Section 200.069, Florida Statutes, the truth-in-millage notification. (C) If the City determines that the notice provided under paragraph (8) of this Section 11 also fulfills the requirements of paragraph (A) of this Section 11, then the separate mailing requirement described in paragraph (A) will be deemed to be fulfilled by the notice described in paragraph (8). 6 SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments shall be used for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 13. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED THIS 17th day of July, 2007. Gerald Taylor, Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Janet Prainito, City Clerk APPROVED AS TO FORM AND CORRECTNESS: James A. Cherof City Attorney 7 APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE APPENDIX A ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE RESCUE ASSESSED COSTS. The estimated Fire Rescue Assessed Costs to be assessed for the Fiscal Year commencing October 1, 2007, is $3,027,215.00. SECTION A-2. ESTIMATED FIRE RESCUE ASSESSMENTS. (A) The estimated Fire Rescue Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing October 1, 2007, are hereby established as follows for the purpose of this Preliminary Rate Resolution: I RESIDENTIAL PROPERTY USE CA TEGORIES IRate Per D II' U 't we mg nI Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industriall Nursing CA TEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 > 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 (8) The amount any Tax Parcel has in a delinquent or amount due of the Fire Rescue Assessment shall be collected along with the applicable rate as outlined in A-1 Section A-2(A) above for that Tax Parcel for the Fiscal Year commencing October 1, 2007. (C) No Fire Rescue Assessment shall be imposed upon a parcel of Government Property or upon Buildings located upon parcels of Institutional Property whose Building use is wholly exempt from ad valorem taxation under Florida law. (0) Any shortfall in the expected Fire Rescue proceeds due to any reduction or exemption from payment of the Fire Rescue Assessments required by law or authorized by the Commission shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Rescue Assessments. In the event a court of competent jurisdiction determines any exemption or reduction by the Commission is improper or otherwise adversely affects the validity of the Fire Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount of the Fire Rescue Assessment that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel by the Commission. A-2 APPENDIX B FORM OF NOTICE TO BE PUBLISHED APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published No Later Than August 23, 2007 [INSERT MAP OF CITY] NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider reimposing fire rescue special assessments for the provision of fire rescue services within the City of Boynton Beach for the Fiscal Year beginning October 1,2007. The hearing will be held at 6:30 p.m. on September 13, 2007, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact Janet Prainito in the City Clerk's office at (561)742-6013 at least 3 days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. B-1 RESIDENTIAL PROPERTY USE Rate Per CA TEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL Building PROPERTY USE Classification (in Industriall Nursing CA TEGORIES square foot ranges) Commercial Warehouse Institutional Homes < 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3,499 $ 252 $ 69 $ 396 $ 396 3,500 - 4,999 $ 441 $ 121 $ 693 $ 693 5,000 - 9,999 $ 629 $ 173 $ 990 $ 990 10,000 - 19,999 $ 1,259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2,518 $ 693 $ 3,960 $ 3,960 30,000 - 39,999 $ 3,777 $ 1,040 $ 5,940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 .:: 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901 Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), Amending Ordinance No. 01-56, the Initial Assessment Resolution (Resolution No. R01- 217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the upcoming fiscal year are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2007, as authorized by section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the Finance Department at (561 )732- 6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. CITY CLERK OF BOYNTON BEACH, FLORIDA B-2 APPENDIX C FORM OF NOTICE TO BE MAILED APPENDIX C FORM OF NOTICE TO BE MAILED * * * * * NOTICE TO PROPERTY OWNER * * * * * City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida [zip code] CITY OF BOYNTON BEACH, FLORIDA NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 23, 2007 Owner Name Address City, State Zip Tax Parcel #: Legal Description: Sequence: As required by section 197.3632, Florida Statutes, and the direction of the City Commission, notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method, may be levied on your property. The use of an annual special assessment to fund fire rescue services benefiting improved property located within the City of Boynton Beach in the past has proven to be fair, efficient and effective. The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be $3,027,215.00 for fiscal year October 1, 2007 - September 30, 2008. The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein plus any unpaid or delinquent assessments for Fire Rescue. The above parcel is classified as The total number and type of billing units on the above parcel is The annual Fire Rescue Assessment for the above parcel is $ for fiscal year 2007-08 and future fiscal years. The delinquent fire rescue assessment for the above parcel is $ A public hearing will be held at 6:30 p.m. on September 13, 2007, in the City Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this C-1 notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact Janet Prainito in the City Clerk's office at (561 )742-6013 at least 3 days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 01-34), the Amending Ordinance (Ordinance No. 01-56), the Initial Assessment Resolution (Resolution No. R01-217), the Final Assessment Resolution (Resolution No. R01-249), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and reimposing the Fire Rescue Assessments, and the updated Assessment Roll for the upcoming Fiscal Year are available for inspection at the City Clerk's office in City Hall, located at 100 East Beach Boulevard, Boynton Beach, Florida. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November of each year that the assessment is imposed. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue assessment, please contact the Finance Department at (561)732-6310, Monday through Friday between 9:00 a.m. and 5:00 p.m. * * * * THIS IS NOT A BILL * * * * * C-2 APPENDIX D REVISED IMPROVEMENT CODES APPENDIX D REVISED IMPROVEMENT CODES ~~~ 1000 VACANT NOT USED 10100 SFR RESIDENTIAL 10101 SFR HMSTD RESIDENTIAL 10200 SFT-MFG RESIDENTIAL 0300 SFR-ZERO LOT RESIDENTIAL 0400 1WNHSE-VILLA MUL TI-FAMIL Y 10402 DOCKUMINIUM NOT USED 0410 TOWNHOUSE MUL TI-FAMIL Y 0420 TIMESHARE RESIDENTIAL 0430 ZERO LOT LINE RESIDENTIAL 0440 CONDO MUL TI-FAMIL Y 0460 CONDO COMM COMMERCIAL 0500 EXC-ZERO LOT RESIDENTIAL 0510 CO-OP MUL TI-FAMIL Y 060 EFFICIENCY APARTMENT MUL TI-FAMIL Y 0600 RENTAL UNIT RESIDENTIAL 0700 EXC TWHSENILLA RESIDENTIAL 10800 MOBILE HOME RESIDENTIAL 0801 MOBILE HOME-HX RESIDENTIAL 10900 EXC-RESIDENT RESIDENTIAL 10901 EXC-RES HMSTD RESIDENTIAL !0909 EXC-LUX.RES RESIDENTIAL 11000 CONDO L.RISE MUL TI-FAMIL Y i101 RESIDENTIAL 1 FAMILY RESIDENTIAL 102 RESIDENTIAL 2 FAMILY MUL TI-FAMIL Y 103 RESIDENTIAL 3 FAMILY MUL TI-FAMIL Y !104 RESIDENTIAL 4 FAMILY MUL TI-FAMIL Y 1106 CONDO COMMON ELEMENT NOT USED 1107 CONDO FEE SIMPLE MUL TI-FAMIL Y 11100 CONDO H. RISE MUL TI-FAMIL Y 1170 DORMITORY MUL TI-FAMIL Y 11700 DORMITORY MUL TI-FAMIL Y 1210 APARTMENTS MUL TI-FAMIL Y 1220 APARTMENTS LOW RISE MUL TI-FAMIL Y 12200 MFR LOW RISE MUL TI-FAMIL Y 230 APARTMENTS HIGH RISE MUL TI-FAMIL Y 240 APARTMENTS-TOWNHOUSE MUL TI-FAMIL Y 2500 MFR ROW HOUSE MUL TI-FAMIL Y 1260 APARTMENTS - SENIOR MUL TI-FAMIL Y 12700 DUPLEX MUL TI-FAMIL Y 12701 DUPLEX HMSTD MUL TI-FAMIL Y 12800 TRIPLEX MUL TI-FAMIL Y 0-1 1301 SFR CONVERTED TO COMMERCIAL COMMERCIAL I 1340 COMMERCIAL MIXED USE COMMERCIAL I ;350 RETAIL SINGLE OCCUP COMMERCIAL 1351 DRUG STORE FREESTANDING COMMERCIAL 1355 OFFICE CONDOMINIUM COMMERCIAL ]356 RETAIL CONDOMINIUM COMMERCIAL 1360 DISCOUNT DEPT STORE COMMERCIAL 362 VETERINARY CLINIC COMMERCIAL 364 HOME IMPROVEMENT COMMERCIAL 365 FURNITURE STORE COMMERCIAL 370 DEPARTMENT STORES COMMERCIAL 371 DOWNTOWN ROW TYPE COMMERCIAL 1374 RETAIL MULTI OCCUP COMMERCIAL !375 RETAIL DRIVE-UP COMMERCIAL 1380 STRIP SHOPPING CNTR COMMERCIAL 1390 COMM SHOPPING CENTER COMMERCIAL 1392 LUMBER STORAGE COMMERCIAL 395 TRUCK TERMINAL COMMERCIAL 1400 REGIONAL SHPMALL/CNT COMMERCIAL 410 SUPER REG SHOP MALL COMMERCIAL f420 SUPERMARKET COMMERCIAL ]430 CONVENIENCE FOOD MKT COMMERCIAL , 1440 HOTEL/MOTEL BUSINESS COMMERCIAL '450 RESORT HOTEL COMMERCIAL 1460 HOTEL/MOTEL LO RISE COMMERCIAL i470 HOTEL- HI RISE COMMERCIAL 490 OFFICE BLDG L/R 1-4S COMMERCIAL 1500 OFFICE H-R 5ST COMMERCIAL 1520 MEDICAL OFFICE BLDG COMMERCIAL 1530 HOSPITALS INSTITUTIONAL !540 NURSING HOME NURSING HOMES 1550 BARrr A VERN COMMERCIAL 551 COCKTAIL LOUNGE COMMERCIAL !560 RESTAURANT COMMERCIAL 1570 FRANCHISE FOOD COMMERCIAL i 1580 BOWLING ALLEY COMMERCIAL 582 SKATING RINK COMMERCIAL 583 HEALTH CLUB COMMERCIAL 587 COUNTRY CLUB COMMERCIAL 589 COUNTRY CLUBIW GOLF CRSE COMMERCIAL 590 ARENA COMMERCIAL 591 GYMNASIUM COMMERCIAL 592 STADIUM COMMERCIAL 1593 DOG/HORSE TRACK COMMERCIAL 1594 RACETRACK COMMERCIAL 1600 AUDITORIUM COMMERCIAL "'~~~,--"..... 0-2 ~~~ 610 CINEMAlTHEA TER COMMERCIAL 614 RADIOfTV/ PIC STUDIO COMMERCIAL 615 LEGITIMATE THEATER COMMERCIAL 620 BANK/MAIN OFFICE COMMERCIAL 630 NEIGHBORHOOD BANK COMMERCIAL 1640 SERVICE STATION NO BAYS COMMERCIAL 641 SERVICE STATION W/BAYS COMMERCIAL 650 CAR WASH - AUTOMATIC COMMERCIAL 1651 CAR WASH - MANUAL COMMERCIAL 652 CAR WASH SERVICE STATION COMMERCIAL 660 AUTO SERVICE GARAGE COMMERCIAL 662 KWIK LUBE COMMERCIAL 1665 GARAGE STORAGE INDUSTRIALlWAREHOUSE 670 OFFICEIWAREHOUSE COMMERCIAL 680 FUNERAL HOME COMMERCIAL 690 CLUBHOUSE NOT USED 1691 SOCIAUFRATERNAL HALL INSTITUTIONAL 695 GUARDHOUSE NOT USED 700 COLD STORAGE INDUSTRIALlWAREHOUSE 710 RAIUBUS/AIR TERMINAL INDUSTRIALlWAREHOUSE 712 TELECOMMUNICATION EQUIPMENT INDUSTRIALlWAREHOUSE 712 TELEPHONE EQUIPMENT BLDG INDUSTRIALlWAREHOUSE 715 TELE SRV GAR FACILITY NOT USED 720 PARKING GARAGE/DECK NOT USED 1721 RADIOfTV TRANSMITTER BLD INDUSTRIALlWAREHOUSE 1730 DAY CARE CENTER COMMERCIAL 750 AUTO DEALER/F-SERVICE COMMERCIAL 800 LIGHT MANUFACTURING INDUSTRIALlWAREHOUSE 810 HEAVY MANUFACTURING INDUSTRIALlWAREHOUSE 820 WAREHOUSE DISTRIBUTION INDUSTRIALlWAREHOUSE 1830 MINI WAREHOUSE INDUSTRIALlWAREHOUSE 1840 WAREHOUSE STORAGE INDUSTRIALlWAREHOUSE 841 WAREHOUSE SINGLE TENANT INDUSTRIALlWAREHOUSE 1850 HANGAR INDUSTRIALlWAREHOUSE 8500 HANGER NOT USED 1860 BARNS NOT USED 1861 RESIDENTIAL BARNS NOT USED 1870 PREFAB WAREHOUSE INDUSTRIALlWAREHOUSE 1880 TECHNICAL MANUFACTURING INDUSTRIALlWAREHOUSE 900 SCHOOL INSTITUTIONAL 1901 COLLEGES / UNIVERSITY INSTITUTIONAL 910 RELIGIOUS INSTITUTIONAL 912 LIBRARY INSTITUTIONAL 920 EDUCATION/RELIGIOUS INSTITUTIONAL 1930 GOVERNMENTAL INSTITUTIONAL 1950 POLICE/FIRE STATIONS INSTITUTIONAL !960 CORRECTIONAL INSTITUTIONAL D-3 0-4 XII. - LEGAL ITEM D.3 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A PROPOSED MUNICIPAL 5 MILLAGE RATE OF 6.4553 FOR GENERAL 6 OPERATING BUDGET PURPOSES FOR FISCAL YEAR 7 2007-08, STATING A ROLLED-BACK RATE OF 6.9412, 8 AND SETTING FORTH THE DATE, TIME AND PLACE 9 OF THE FIRST PUBLIC HEARING; PROVIDING FOR 10 SEVERABILITY, CONFLICTS AND AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the 15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate, 16 proposed millage rate and the date, time and place of the first public hearing; 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The City Commission of the City of Boynton Beach, Florida, hereby 20 adopts a proposed millage rate of 6.4553 which has been computed to fund the General 21 Operating Budget for Fiscal Year 2007-08. The rolled-back rate is 6.9412. 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 23 sets September 4, 2007 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach 24 Boulevard, as the date, time and place of the first public hearing to consider the proposed 25 millage rate and the tentative budget. 26 Section 3. The City Manager of the City of Boynton Beach, Florida, is hereby 27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach 28 County Property Appraiser's Office. 29 Section 4. If any clause, section, or other part of this Resolution shall be held by S:\CAIRESOlBudget\2007-08 Budget\07-08 First Proposed Millage 052307.doc 1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 2 invalid part shall be considered as eliminated and in no way affecting the validity of the other 3 provisions of this Resolution. 4 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 5 repealed to the extent of such conflict. 6 Section 6. This Resolution shall become effective immediately upon its passage 7 and adoption. 8 PASSED AND ADOPTED this _ day of July, 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 34 35 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Mack McCray Commissioner - Carl McKoy S:\CAIRESOIBudget\2007-08 Budget\07-08 First Proposed Millage 052307.doc