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Agenda 12-03-07 The City of t B.... h' n.J "". '.,'.'.' "'......L .,.... ' ,.,.i.'. ,.....".." ......, '.,' f 1 i~on i,ea !] 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA DECEMBER 3, 2007 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney DISTRI T I 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 PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, 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 December 3,2007 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 Mayor Taylor 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 None 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) 1 Agenda Regular City Commission Boynton Beach, FL December 3, 2007 V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date I Weiland Arts Commission Reg 2 yr term to 12/09 Mayor Taylor Arts Commission Alt 1 yr term to 12/08 II Hay Arts Commission Alt 1 yr term to 12/08 Mayor Taylor Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled (3) III Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 IV Ross Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 I Weiland Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (2) II Hay Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 IV Ross Cemetery Board Reg 3 yr term to 12/10 Mayor Taylor Cemetery Board Alt 1 yr term to 12/08 I Weiland Code Compliance Board Reg 3 yr term to 12/10 II Hay Code Compliance Board Reg 3 yr term to 12/10 III Rodriguez Code Compliance Board Reg 3 yr term to 12/10 IV Ross Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Code Compliance Board Alt 9 mo term to 12/07 Tabled (3) Mayor Taylor Community Relations Board Reg 3 yr term to 12/10 I Weiland Community Relations Board Reg 3 yr term to 12/10 II Hay Community Relations Board Reg 3 yr term to 12/10 III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled (3) IV Ross Community Relations Board Alt 9 mo term to 12/07 Tabled (3) II Hay Education & Youth Advisory Board Reg 2 yr term to 12/09 III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/07 II Hay Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled (3) IV Ross Education & Youth Advisory Board Stu 1 yr term to 12/08 IV Ross Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled (3) Mayor Taylor Education & Youth Advisory Board Stu N/V 9 mo term to 12/07 Tabled (3) Weiland Employees Pension Board Reg 3 yr term to 12/10 I Weiland Library Board Reg 3 yr term to 12/10 II Hay Library Board Reg 3 yr term to 12/10 III Rodriguez Library Board Reg 3 yr term to 12/10 IV Ross Library Board Alt 1 yr term to 12/08 Mayor Taylor Library Board Alt 1 yr term to 12/08 IV Ross Planning & Development Board Reg 2 yr. term to 12/09 Tabled (2) Mayor Taylor Planning & Development Board Reg 2 yr. term to 12/08 Tabled (2) I Weiland Planning & Development Board Reg 2 yr term to 12/09 II Hay Planning & Development Board Reg 2 yr term to 12/09 III Rodriguez Planning & Development Board Reg 2 yr term to 12/09 IV Ross Planning & Development Board Alt 1 yr term to 12/08 Mayor Taylor Planning & Development Board Alt 1 yr term to 12/08 2 Agenda Regular City Commission Boynton Beach, FL December 3, 2007 Mayor Taylor Recreation & Parks Board Reg 3 yr term to 12/10 I Weiland Recreation & Parks Board Reg 3 yr term to 12/10 IV Ross Recreation & Parks Board Alt 9 mo term to 12/07 Tabled (3) II Hay Recreation & Parks Board Alt 1 yr term to 12/08 III Rodriguez Senior Advisory Bd Reg 2 yr term to 12/09 IV Ross Senior Advisory Bd Reg 2 yr term to 12/09 Mayor Taylor Senior Advisory Bd Alt 1 yr term to 12/08 I Weiland Senior Advisory Bd Alt 1 yr term to 12/08 III Rodriguez Veterans Advisory Commission Reg 3 yr term to 12/10 IV Ross Veterans Advisory Commission Reg 3 yr term to 12/10 Mayor Taylor Veterans Advisory Commissioner Reg 3 yr term to 12/10 I Weiland Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) II Hay Veterans Advisory Commission Alt 9 mo term to 12/07 Tabled (3) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 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 - November 16,2007 2. Regular City Commission - November 20, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award Bid #077-2730-07jOD to "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS" to NW Sign Industries Inc. of Moorestown, New Jersey in the amount of $49,385. 2. Multi-award Bid #003-1412-08jOD "ANNUAL BID FOR HARDWARE SUPPLIES" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $60,000. C. Resolutions 1. Proposed Resolution No. R07-141 RE: Approving increased fees for disinterments, disentombments and disinurnments at City cemeteries. 2. Proposed Resolution No. R07-142 RE: Approving reclassification of one (1) position in the Finance Department from Senior Buyer, pay grade 15 to Purchasing Agent, pay grade 25. 3. Proposed Resolution No. R07-143 RE: Approving the terms and conditions set forth in our EMS Grant award (C-70) as approved by the Palm Beach County Division of Emergency Medical Services for the purchase of a 3 Agenda Regular City Commission Boynton Beach, FL December 3, 2007 personal water craft in the amount of $9,499 and continued CERT team training activities in the amount of $11,450. 4. Proposed Resolution No. R07-144 RE: Approving and authorizing execution of an I nterloca I Agreement with Palm Beach County to receive funding in the amount of $300,000 for the 2nd and 3rd year, as a partner in the continued planning and implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. D. Approve sidewalk cafe permit for a planned ice cream shop to allow placement of up to 4 tables and 18 seats along the right-of-way in accordance with LDR, Chapter 2. Zoning, Section 17. Sidewalk Cafe. (Eye of the Storm Ice Cream Shop, 531 E. Ocean Avenue) E. Approve donation to the Boynton Beach Faith Based Community Development Corporation, Peacemakers Program in the amount of $5,000. The donation comes from the Police Department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. F. Approve State of Florida Department of Emergency management FEMA grant No. 1609- 14R contract for the hardening of the Fire Station 5/EOC from a Category 3 standard to Categoary 5 standard. 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: Location: Description: Cortina at Boynton Village (SPTE 07-010) Stephen Liller, K. Hovnanian Homes South Florida Devco, Inc. Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal Request for a second one (1) year site plan time extension of a site plan (NSWP 05-001) originally approved on September 20, 2005 for 458 town home units in the Boynton Village Development. This second request would extend approval from September 20, 2007 to September 20, 2008. (Tabled on November 20, 2007) The Arches (SPTE 07-012) William Bloom, Holland & Knight Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008) and height exception (HTEX 05-006) approved on September 6, 2005, from September 6, 2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres zoned Mixed Use High. 4 Agenda Regular City Commission Boynton Beach, FL December 3, 2007 Description: Tuscan Villas (SPTE 07-011) Wendy Tuma, FLA, AS LA, Urban Design Studio Tuscan Villas at Boynton Beach, LLC East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard Request for a one (1) year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006 from October 18, 2007 to October 18, 2008, for 22 townhouse-style condominium units on 1.341 acre zoned IPUD C. Project: Agent: Owners: Location: D. Approve Part 1 of Group 4 of the LDR Rewrite including Article 1. Environmental Protection Standards and Article II. Landscape Design and Buffering Standards. IX. CITY MANAGER'S REPORT: A. Approve FY 2007-2008 projects in the Utilities Capital Improvement Program (OP). X. FUTURE AGENDA ITEMS: A. Discussion of plan for environmental issues - December 18, 2007 B. Discuss possible funding of Board Recognition Dinner - December 18, 2007 C. American Assembly Implementation Status Report - December 18, 2007 D. Agreement for Provision of Supplemental Police Services between the CRA and City of Boynton Beach - December 18, 2007 E. Discussion of disposition of Old High School - January 2008 F. Discussion on timing of elections - January, 2008 XI. NEW BUSINESS: A Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (Postponed to December 18, 2007) B. Designation of member of City Commission to work with City staff, Palm Beach County School district and the City of Delray on elementary school options east of I-95. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 1. Proposed Ordinance No. 07-035 RE: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I). (National Transmissions, Inc. LUAR 07-004) (Tabled to December 3, 2007) 2. Proposed Ordinance No. 07-036 RE: Approving the rezoning from C-4 General Commercial District to M-1 Industrial District. 5 Agenda Regular City Commission Boynton Beach, FL December 3, 2007 (National Transmissions, Inc. LUAR 07-004)(Tabled to December 3, 2007) B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 07-037 RE: Amending Ordinance 07-002 to provide for a reduction in the Public Art Fee from one (1%) percent to one-half (.05%) percent. D. Resolutions: None E. Other: 1. EXEClITlVE SESSION -- Ric-Man Construction, Inc., Doing business as Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach, Defendant[Third Party Plaintiff vs. Camp, Dresser & Mckee, Inc., and David J. Prah, P.E., Third Party Defendants. - Case No. 502006 CA 011893 XXXX MB M 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 MEmNG, 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 AUXIUARY 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 11/27/07 4:30 p.m. S:\CC\WP\CCAGENDA\AGENDAS\year 2007\120307 Final Draft.doc 6 t- o -- f't') o -- M ..... ~ Z ~ ::J ~ z - o ~ ~ < ~ ~ ~ = - ~ - ~ ~ ~ Z Q) ""d Q) et::: ;>. ~ '2 ;::I ;>. E u E 5 o CI) u-< ~ '" ... Q -= U -d I:Q ;> Q) Q ~ CI) s::: '2 s::: ro E: - '" ..... ~ Q., ~ ~ ~ ~ -d I:Q ;> Q) Q ~ CI) s::: '@ ro E: CI) ~ -d I:Q ;> Q) Q ~ CI) s::: .~ E: ...s::: ~ ;::I o ,.......; >- ~ ~ ;>. ~ S .'2 ..... ""d ;::I ~ I:Q E g ;> E ""d ""d 0 ~-. o 0. E ~ V. ADMINISTRATIVE ITEM A. -d I:Q ;> Q) Q ~ CI) s::: .~ E: c o on .;; ""d -< Q) on l-< ;::I o U c...... '0 o -d -d 1:Q.s .:.: I:Q ;> ~ g ta ;> Q) 1a >- 0... Q) Q..... ;> s::: ;> s::: ~ Q _'>) -d 0. ~ ""d 0 ""d 0 ""0,.,.., E s::: -<..... -<..... s::: ~ CI)""" 0 0 -d on 12 on 12 c.8 CI) .5 ;>. 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'..... o......rn~[/J~ ...... ........ ~...... ~...... ~.sl-<al-<a ~ ~ (l) a (l) a "'0 OQ> OQ> 0 ~>->U>U (l) = ....-4 ~ Q) ~ ~ >- :-;:: tI:l (l) ~~c/5 ~ a "'0 ~ ~ ] ~ t (l) ..0 o ~ = ~ ~ E ~ ~ ~ N VI.-CONSENT AGENDA ITEM B.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tumed 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 0 August 2 I, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1,2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) I ~ November 7, 2007 October 15,2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) r-" November 20, 2007 November 5, 2007 (Noon) Ie .... 0 October 2, 2007 September 17, 2007 (Noon) ~ Decemberj}, 2007 November 19, 2007 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unftnished Business D Public Hearing D RECOMMENDATION: A motion to award the "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS", BID#077-2730-07/CJD, to NW Sign Industries, Inc. of Moorestown, New Jersey in the aIrnlunt.of:; $49,385.00. -,:; c::) EXPLANATION: On September 26, 2007, two (2) proposals were opened in Procurement Services. Al~oPQ~als were reviewed and it was determined that NW Sign Industries, Inc. of Moorestown, New Jersey was the lewestmQSt responsive, responsible bidder who met all specifications. This signage is themed to compliment other sig~ge in:~~ City such as the CRA's wayfinding sign age and the signs for the new fire stations. The Department of Recr:eatiorlaml Parks met with the CRA and reviewed the signage to assure that what is being purchased will be compli~nta.ry]o the CRA's general concept. It has been determined that NW Sign Industries has an office in Orlando, Flodda. '-Ioay Rivers, Parks Superintendent concurs with this recommendation (see attached memo #07-103). (Xl ,. ~ PROGRAM IMPACT: The purpose of this bid was to seek a vendor that can furnish and install various park signs at various locations. FISCAL IMPACT: ACCOUNT# 302-4299-580-63-06 EXPENDITURE: $49,385,00 AL TERNA TIVES: N~' to ,o",',uct the "::~at:~e~~,::~of the ~ // /'~ /- Depar.tlnellt Hea~ture City Manager's SIgnature ~ ~~ rement Services Assistant to City Manager ~ity Attom,y / Finan" S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Jody Rivers - Parks Superintendent File +J ~ OJ "0 ~ OJ +J ~ ..-1 H OJ p.. ;:l IZl [/) ~ H co p.., [/) H OJ :> .,..; ~ ;:..., ." o ....., Ie Ie Ie Ie :;~ ~ -I '"" Cd :.) -I =- -I :.) ~ ~ :f.l -'l ~ en z " en ~ :E: >- c::: I- Z UJ ~ c::: <C a. en ::J o c::: <C > ...J ...J <C ?- m z c6 :I: m z c::: ::J u.. :f.l '"" ~ ~ :3 ... ~ ~ :::l ::l ~ -I ~ :::l -l ~ "" Il 2< ~ ~ Il ~ H o +J U OJ H '.-1 o .. ., I) "l I: ::;I ~ : r . en ai C ~ '_~ .9 '0 13 ~ -g :Q o ro (5 (l) '* rn :5 "0 ~ CI) Ol Co c: .B c: 'S: Q;) 'CD .~ ~ ~~8.~ ~ ~ ~ '" ~ ~ .:: ~ (/) C1:l "'0 Q) .g :5 ~ ~ ~ 15 ~ .~ > ~ :::I >. ~ >- ~ ~ <E CD CD g ~ ~ ~ ",-gCi;Co d;'~:S~ ll:: (.) _ ro p ~ -:(( ~ I"- o o N CD N 0::: w CI:l ~~ w<O 1-0-, 0...00 W ., -- Cf)~1:3 I WWO I-""C'? <(.c::::1"- of=";J wwr:: :::>:]0 00=tl: 000 - -- CI:lCI:lCI:l o cn o CO C "Oo....:""~oo::t Q) C 0 II'-..c ~c~:;;8go O-E""'liooC7:l0 ""'0 Q)...J I'- I'- >, O'l .0 0 L!'l ~,"" cn E lJ.. oo::t I ctl..- 5,Q)ni"Qjb<.9N .- 0... ~ C oo::t ..0 Cl)L!'l ~o xt5~ Cii c.o o...c ctl lB ~c.o<( c." C .- N Q) ...... 0 > (i) U I- ~~. "" t.) G? N ~ E ot5"".2 ~uiairoNoo::t~ Q)>O""oo::t_ l;<(...,oo::t"'i"~g ~en.....zr-:.;g~L() a..gs -L!'lN roro c: 'C C I'- ..' "'" "" .;;:;u~,,'-.c:::: ~c oQ)~..O'l o ~ C ,- t5 oo::t Ql c.o en 0 .. ctl Q'T 75",,~..c~~ ..L-~ 8.wlJ.. 6 "'\'z ~~ u ~. CI) 0:: o o Z W > W U ~ 0... o W CI) o 0... o 0:: 0... ...J <( I- o I- o c.o oo::t ro CI) >- <( o 0:: <C o Z W ...J <( U ..- CI) ...J <( CI) o 0... o 0:: 0... o CO lJ.. o 0:: W CO ~ ::) z ~ >- ~ ~ ~ ~ .L :s J ;2 -0 5~ ~t= ~~ ~~ I- :> <C o u::: lJ.. <( ~ U <C coo ~w ~~ ~- -~ I-CO z::) <(CI) CI) W >- o W Z ~ o >- I-CI) -CI) O::w Oz z- -CI) ~::) <(co I- o Z Ci) W >- CI) W >- o W Z ~ o >- I-CI) -CI) O::w Oz z- -CI) ~::) <(co I- o Z Ci) W >- o W Z ~ o ;::0 _W o::~ 0_ z~ -co ~::) lJ..CI) o~ Zo:: go 1-lJ.. <(CI) ~CI) o::w u:::z z- o~ uco w w 0:: lJ.. <.9 ::)0 O::w 01- <(t:: lJ..2 OCO z::) oCl) -w I-UCl) <(<(I- ~...JZ o::o...w u:::~~ zo::~ 000 u~u CI) w >- o WI' Zo <.9_ U)L() I-.--i 0- ZO Ci).--i Wo ?-~ :z t!J H Cf.l >,ctl ~ t.) ro .c :J Q) cn E "0 ctl <( Q) u.....8 cnO- -..... >, t.) ~cJJ Q) ctl > 0. cn ctl E Q) ~ c :; .. U ..c "0>,15 c ~ '- ci5~co :J "OCI) m~ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E, Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): SEPTEMBER 5, 2007 Bid Title: FURNISH AND INSTALL VARIOUS PARKENTRl"VAY SIGNS Bid Number: 077-2731-07/CJD Bid Received By: TIME) SEPTEMBER 26, 2007, NO LATER THAN 10:00 A.M. (LOCAL Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: SEPTEMBER 26,2007, no later than 10:00 A.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes ofthe City. Name of Vendor: NW Sign Industries, Inc. Federal I.D. Number: 20-3579368 A Corporation of the State of: Delaware Area Code: 757 Telephone Number: 432 - 0 2 2 3 Area Code: 757 FAX Number: 204-4443 Mailing Address: 360 Crider Avenue City/State/Zip: Moorestown, NJ 08057 Vendor Mailing Date: 9/25/2007 42~, j/ /p,:t6 Authorized Signature Mark Whitlow Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 15 SPECIFICATIONS FOR "FURNISH AND INSTALL VARIOUS PARK ENTRYWAY SIGNS" Please place an (x) on the blank line next to each item if a specification is met. If exception is taken (alternatives), bidder must explain using a separate sheet of paper. Bidder must submit specifications "check-off' sheets with the proposal sheet in order for a bid to be considered. x Furnish & Install eight (8) singl~ face and two (2) double face, free standing, monument signs 2' x 6' x 8' x 12". x Sign to be aluminum over aluminum, angle frame construction with stucco [mish x Logo to be W' plate aluminum with vinyl "City" logo (provided by City). See attached design layout. x The display is to be installed in accordance with structural specifications to withstand wind loads as required by building regulations governing said installati OilS, X Letters to be aiuminum coated with a primer and painted bronze in color x Prime Coat and paint to be acrylic polyurethane x Permit cost should not be included # Sides First Line Second Line Address Number Double Recreation and Parks Department Art Center 125 Double Recreation and Parks Department Pence Park 600 Single Recreation and Parks Department Laurel Hills Park 515 Single Recreation and Parks Department Galaxy Park 301 Single Recreation and Parks Department Pioneer Canal Park 848 Single Recreation and Parks Department Forest Hills Park 2500 Single Recreation and Parks Department Boat Club Park 2010 Single Recreation and Parks Department ManJ;n"ove Park 700 Single Recreation and Parks Department Hibiscus Park TBD Single Recreation and Parks Department Palmetto Green Park 421 and Greenway 3 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 9 / 2 5 / 2 0 07 The undersigned declares that he has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered, Attach a separate proposal sheet for each. The undersigned proposes to deliver the product/service in accordance with the specifications for the sum of for : FURNISH AND INSTALL VARIOUS PARKENTRYWAY SIGNS: LOCATION ADDRESS # PROPOSED PRICE ART CENTER 125 $5,735.38 PENCE PARK 600 $5.735.38 LAUREL HILLS PARK 515 $4,739.28 GALAXY PARK 301 -~ $4.739.28 PIONEER CANAL PARK 848 $4, 739.28 FOREST HILLS PARK 2500 $4 , 7 3 9 . 2 8 BOAT CLUB PARK 2010 $4 , 7 3 9 . 2 8 MANGROVE PARK 700 $4 , 7 3 9 . 2 8 HIBISCUS PARK TBD $4,739.28 PALMETTO GREEN PARK AND GREENWAY 421 $4,739.28 TOTAL PROPOSED PRICE: $49,385.00 c9' It is further agreed that the signs will be delivered within ~ calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted All Specification "check-off' sheets (page 1) submitted Yes Yes/No THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 16 NW Siqn Industries, Inc. COMPANY NAME A~ tvj~ . SIGNATURE Mark Whitlow PRINTED NAME (757 ) 432-0223 TELEPHONE NUMBER VP/Director Architectural Sales TITLE E.clvIAIL ADDRESS: .rnwhit16w@nwsTgnfndusfr.:l.es. com' THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 17 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly bym:eonmy nieniberOf mYfifiri 6fbYiiiC6fficeroftliecorporation,- By: <::';1/1 j..I ;/:;:It:: NAME - SIGNATURE Sworn and subscribed before me this :2 J.f day of September ,20 ~ Printed Information: Mark Whitlow NAME VP/Director Architectural Sales TITLE 'PaX/1j~(/1) X. ~) NOTARY PUBLIC, State 0 !entia- Virginia at Large \\\\\\111111//11/ \\\\ \A L 1//1 ,,\\ ~\c...,..,: Ot. 11,/ ~' ~,"~loA\SS'O~....Q ~ ~ <t'" 0 "'+.'.G\ ~ ~ :~v ~'. c1' ~ ::::: :~ COMMONY.IEAI.IH "", :: == : OF VIRGINIA '" . :: - :, COMMISSION - _ ... (1 197959 _ ~ ....0. .... $ -/ ","'JJ.20'~.' ~ ~/<~40~RY' ~\'~\.'" >,,~'" "OFFICIAL'N(j)trM~\~EAL" STAMP NW Sign Industries, Inc. COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 18 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response, Is your company a Minority Owned Business? Yes x No If Yes; please indicate by an "X" in the appropriate box: . ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( X) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB - 1 Revised 02/22/05 19 -Ml'I\1 ii\~ ~I?", nOUSHI:;SVlrglnl~ t:J '1: 1 U i) / 1.:~14/~1, '11::-,1 - "!' ~ ') , '_'.../4 Re.c.e i '.'ed '10 'i 5 200i 12: 42 lB/15/2BB7 11:39 6637426316 BOVNTON BCH FI1-lAt..JCE P~GE 82 CONFIRMATION OF DRUG-FREE WOJUQ>LACE Preference shall be: given. to businesses 'With drug-free workplace programs. 'Whenever two Qr more bids which are equal with respec:t to price, qualityl and service 8.l" .received by the City of, Boynton Beach or by any political subdivision for the procU1'exneo.t of COt'JlO1odities or ClOntractual , services, a bid received 1rom D. business that certifies that it has implemented a dNg-frec workplaet?'prognmnhall be"'afven pre~ce' in'tb.e<l!l.ward-prt>cess:-Est1.ib1iSliCSa'"prooe'durc:r-fol' processing tie bids will be followed if none:: of the tied ve.u.dors have !l dtus-free wOJ:'kplace program. rn. order to have a drug-free wo(kplace p.rogr"cUl1, a business sha1l~ 1) Publish a statement notifying employees that the unla'Wful manufacture, distribution, di:spensing, possession, or use of ll. oontrolled substance is prohibited in the workplace aI:ld spt:cifYing the a.ctions that will botakcn ~eainst employees forvio1a.tions Qfsucb prohibition. 2) Worm employees about the dan8er~ OfMlg abuse in the wOt'l\P1xce, 1he business's policy of maintaining a drug-free workplace, ~y available drug counseling, tehilbilitatle>D. and employee assistance programll~ lll)d the penalties that roay be imposed upon employc~G for drug abuse violations. 3) Give each emPloyee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) 10. tlle statement spe;ifi&d in subsection (1), notit.)' the employee that, as Ii. condition of wQ.dcWg on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement aud will notifY the employer of D.nj" conviction of, or plea of guilty or nolo contendere to, allY violation of 9hapter 893 or of :my contrOlled subsfAncc lnw of tho United States or any state, for a violation occurring in the workplace no later thau five (5) days after sucb conviction. S) hopose a sanction on, or requite the satisfactory participation. in adrog abuse assistance or rehabilitation p:rog:r:am if such is available in the employee's COlXllDuuity by, any employee who is so convicted. 6) Make ^ good fllith t:ffort to continue to mai-ntain a drug-free workplace through implementation Qf this :;ection. All the pe"$QD Rlltburiud to sign the statement, I certify tb:at this firm complies flIU)" ,,"[th the nb(lve requirements, . 4~L!~ V cndot' s Signature 'lmS :P AC)t '(0 BE SU.alt<l.lTTED ALONG WITt{ I.RQl'OSAL.IN OIlDER FOR PACKAGE TO B~ CONSmEaED COMPLETE AND ~CCEPTABLlt 20 r-.,,~ p~H~~ I lij ~Uhll !~,,:~ ~~HU~ iu>'~~~p~~1 i,~,,'~~~d.~ Iffi.~~~~~~ IE:!ei~~H~ ',ffi@, Uh ~~. 'ii1,~~ ~~ .~ ~,.,lll~a !~ fgj ~~~ ~~ I Iii a~~ ~~ it( ~ ~ ~ ft ~ !~~~~.~ Z C'lf;:i Ii i~,~@ ;~ ,... 101 c;; .c:: , ... r- , m , = ~ co o --< :z ...., o :z CO ~ > n ::r: :t ij; '" m '" Ci z ij; :t m 8 <= U> ~ ~ Q ~ '" Ci z 8 8 '" " o ~ o z '" .,.g:._,~-. . '" Ci z ~ ~ > z '" ;:: 2< ~ '" m f;1 ~ '" <= () m '" ~ :;J o 51 'll ~ z 8 z '" m z ""' ~ > z > ~ o ~ '" > '" m z ""' 9 ~ '" ~ '" ~ 1 ~;, ~ ';~ " z ij; ::r m '" '" Ci z ;:: 2( " ~ ~ Ci ::r Q '" <= m o " '" ?i o z Z '" ~ '" o " ;:: ~ I: I :; I ~ I m ~~ ~ ~; ~ )I.~ ~ $.-: :r ';;,. .j::,. ~ ~I b q I::) ." ~ <: ~ > U CfJ M Z n M Z ~ M ~ j::: .... c: ~ ~ i;1 I:) ~ <: ~ ~ ""'l ~ (j) <: (I) ~ .... I'T1 """ II """ I ! L- ~ m CJ ::0 m ~ - o z ~ ):> Z o ~ ::0 ^ en o m ~ ::0 --f s: m Z --f ~ ;;v m () ~~ C/)C/) -m :5::0 Cro ~f) m^ 00 :::::!;;v '-0 ~c Z o ~ )> o o :;v m C/) C/) z C :5:: ro m :;v C/) )> ~ ~ I ZO~I OZW OC'--I -~O' (J)m" ~Z ..........---12 ~C/)O, ;u (J) ~II ZZr= ---I C/) r- I 5~~1 (j) --' -::>' , - J__.,. iC..' "I O~~I "--"-....m o "0' -0 ! =< 0 I C/) 0 I ~O I r--o 7""' -< I o '"T1 <: ~ r:: r- ~ ~ )i ii:I o ~ ~ ~ ~ ~ (j) <: ~ 0; ~ l'li ,- -------, . CI) ~ r- ,." to) ~ II ~ r--,'~ HH~F !~~~Uh~ 1:I"~~~u.~~ lo;'gUhl.~ !~!".~ ~ iU.: j I~,! ~ ~ ~ a ~! ~ lii!"i~H~h~ . i!::~Ph ~. I&,! ~h! ~m ~ ,iin:J IU' l~ ,tn, ~~, a~ i~ a~~~; !~, H ~ ~,~ f~ ~ ~ g . ~ 'Z' eJll Ii 1~2@ '01 en .= !~r- , = :T 11 ~ 1 ~ /; G"l _ z . ;:: ?( ~ ~ ~ G'i :J: ~ '" c m d ~ '" ~ ~ z (j) ~ (j) fi? ;:: ~ '" ~ (j) ~ ~ ~ m ,..." > "~ ., ;Ij ~ { ~ ' ~ J ~ ~ 5 ~:t; z c " n ~ In I ! iZ !", " Ii fi !l~_ ~ ,,! ;'0' ; !~'! 'i ! \ !!IM Ii! : j~!~ i; I ~ 'j_ , "V ~.~'. ~ '[ 0' U '" ~ 5 ~ '" 0; '" " ~ ~ i' c s: 1; ~ r ;~\-r:..~ ~, lll\ .,. ,0' ;...." ~. "'- "..... ~ ' ~ ~'-c.. - t:J v CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM 8.2 Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 2 1 , 2007 August 6, 2007 (Noon.) D October] 6, 2007 October 1, 2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October ]5,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 1 7,2007 (Noon) ~ December 3, 2007 November 19,2007 (Noon) D Announcements/Presentations 0 City Manager's Report NATURE OF D Administrative 0 New Business AGENDA ITEM ~ Consent Agenda D Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing 0 RECOMMENDATION: A motion to multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES", Bid#003- 1412-08/CJD, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of: $60,000.00. EXPLANATION: On October 10, 2007, Procurement Services opened nine (9) proposals. It is recommended to award this bid to multi vendors as overall "Low Bidders". The evaluating factors used in determining the award were based on: brand name, Warehouse processing time, samples received from vendors and price. In addition to proposing the lowest prices, a catalog discount was offered from most proposers for overall discount pricing. Michael Dauta, Warehouse Manager, concurs with this recommendation per memo attached. 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 provide a competitive established price for the Warehouse stocked best quality hand tools and hardware supplies. Hardware Supplies will be stocked in the City's warehouse and issued to requesting departments on an "As Needed Basis". FISCAL IMPACT: BUDGET ACCOUNT NO. ESTIMATED ANNUAL WAREHOUSE EXPENDITURE 502-00-141-01-0 $60,000.00 ALTERNATIVES: Not bid this item and buy on an "as needed" basis ther fore costing the City more money The Expenditure for 2005-2007: $50,000.00/Year Department Head's Signature City Manager's Signature ~ ;(j~q r ureme ices Assistant to City Manager ~ Attorney / Fman" S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC C: Mike Dauta - Warehouse Manager File KEYNOTE: GRAY: AWARDED VENDOR ANNUAL CONTRACT FOR HARDWARE SUPPLIES 810# 003-1412-08/CJD HARDWARE SUMMARY SHEET ITEM # 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 COMMODITY # 445-003-00001 445-003-00002 445-006-00030 445-006-00031 445-006-00033 445-006-00034 445-085-00001 445-085-00002 445-079-00001 445-008-00007 445-030-00001 445-030-00002 445-030-00003 445-030-00004 445-030-00005 445-030-00008 445-030-00009 445-030-00010 445-030-00013 445-030-00014 445-030-00015 445-030-00017 445-032-00001 445-032-00002 445-032-00003 445-032-00004 445-032-00009 445-032-00006 445-032-00007 445-032-00005 445-035-00001 445-035-00002 445-035-00003 445-035-00004 445-032-00010 445-009-00001 445-009-00002 445-009-00003 445-009-00004 445-009-00005 445-009-00006 445-012-00001 >- ...J 0... 0... ~ en o/l ...J o o I- ~ NB -- (/) 0::: o o z uJ > I NB I il en ::.::: o o ...J o W l- e W 0:: o o <( NB NB NB I o 0:: <( Z o W ...J ::i: <( NB NB NB l- I- W 0:: 0:: <( <.!l o <( W :I: o o 0:: al en W i= ::::i . 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W 0... ~ W i= ~ 0:: . >- en 0:: ::::i . en <(0 ...J ::.::: 0:: -0 o/l 1-0 0... <( 01- en en 0... 0 <.!l <(...J x: ZO:: 0 U- . o . ~ ...J 0 >-1- 00 O::W en 0 <( ...Jz ...Jo WZ o/l 0 :I:W W 0:: W 0...- Z 1-1- C/) ...J I- <( :I: 0...<( 0:: ~en 0::: 0 e Z 0 ~::i: W 0<( 0 0 W 0 0 en :I: enu- 0 I- 0:: W 0:: 0 I- Z ~ 0 ...J al :I: ~ uJ 0 ::i: 0 ITEM # COMMODITY # > <( <( en 43 445-012-00002 44 445-012-00003 45 445-038-00001 46 445-038-00002 47 445-038-00003 48 445-046-00004 49 445-046-00005 I 50 445-046-00006 -- 51 445-052-00001 52 445-052-00002 53 445-052-00003 54 445-052-00004 55 445-058-00002 56 445-061-00001 r I 57 445-061-00003 I I 58 445-064-00001 ~ 59 445-064-00002 60 445-064-00008 61 445-064-00004 I 62 445-064-00005 63 445-064-00006 64 445-064-00007 65 445-091-00005 66 445-091-00006 67 445-091-00007 .. 68 445-026-00001 69 445-026-00002 70 445-026-00003 71 445-026-00004 ~ 72 445-026-00005 73 445-026-00006 74 445-026-00007 75 445-026-00008 76 445-043-00001 77 445-043-00002 78 445-061-00005 79 445-061-00004 80 445-061-00006 81 445-061-00007 ~~ 82 445-061-00008 83 445-073-00001 84 445-073-00002 85 445-076-00001 86 445-088-00001 87 445-088-00002 KEYNOTE: GRAY: AWARDED VENDOR ANNUAL CONTRACT FOR HARDWARE SUPPLIES 810# 003-1412-0S/CJD HARDWARE SUMMARY SHEET ITEM # 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 (/) 0::: o >- ...J 0... 0... ::l >- en ...J ::.::: 0... 0 0... 0 ~ ...J o/l 0 ...J ~I o e ~ COMMODITY # 445-088-00004 445-088-00005 445-079-00002 445-079-00003 445-079-00004 445-079-00005 445-079-00006 445-079-00007 445-079-00008 445-079-00009 445-008-00002 445-008-00005 445-008-00006 445-008-00016 445-009-00008 445-009-00009 445-021-00001 445-021-00002 445-021-00003 445-049-00001 445-049-00002 445-049-00003 445-090-00001 445-090-00002 445-090-00003 445-090-00004 445-090-00005 445-090-00006 285-054-00003 285-054-00002 285-054-00001 %OFF r: o 46% CALENDAR DAYS FOR DELIVERY DID NOT QUOTE 25 o 0::: < Z o W ...J ::i: <( 5% 14 l- I- W 0:: 0:: <( <.!l o < W :I: o o 0:: al T 10-45 en W i= ::::i . -0 01- <(...J U- . >-1- ...Jz ~< ~::i: en o :I: 0% Varies 2 >- ...J 0... 0... ~ (f) o/l x: o . 00 ...Jo Z 0::: W :I: I- ~ o en I ~O 1-0 en en zo:: O::W wZ :I:W 1-1- ~en g ~ I I . i 40% o 5-30 5 ,. 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I' '-. : . ; Oi~ J: j '. , 0\ ": U \ J- "". /-". \'" ^-.' , I-'t- 0 \:-; VI.-CONSENT AGENDA ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Officc Meeting Dates in to Citv Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) D October] 6, 2007 October 1,2007 (Noon D September 4,2007 August 20, 2007 (Noon) D November 13, 2007 October 1 5, 2007 (Noon) D September 18,2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) ~ December 3,2007 November 19, 2007 (Noon) 0 Announcements/Presentations D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda 0 Legal D Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing D RECOMMENDATION: Approve, by Resolution, increased fees for disinterments, disentombments and disinurnments at City cemeteries. EXPLANATION: At the Cemetery Board meeting on November 8, 2007, the members discussed the costs associated with disentombments, disinterments and disinurnments. By definition, a disentombment is the removal of a casket from a mausoleum crypt. A disinterment is the removal of a casket from the ground. A disinurnment is removal of cremains from the ground or the mausoleum. The opening and closing fee is for removing the soil and replacing the soil only for both a disinterment and a burial. A disinterment includes the opening and closing, and the removal of the casket and placement for transportation. At present, the City of Boynton Beach charges $400 for an opening & closing fee on weekdays and $500 on weekends for a disinterment. No fees are presently charged for disentombments or disinurnments from the Mausoleum. Mr. Tom Balfe, Parks Manager, surveyed area cemeteries and presented a listing of the fees they charge for these services. The survey revealed the following: Cemetery Disentombment Disinterment Disinurnment Vault Removal! Medical Waste Fee Palm Beach Memorial 1995 1995 $395 (qround or mausoleum Memorv Gardens 2995 2995 $595 $500 Hillcrest ,2995 $2 995/ 55G for infant $790 The board members discussed this issue and unanimously agreed to recommend that the City Commission adopt the following fee schedule: · A disinurnment from the ground would be $500 including the verbiage about the biomedical waste. · A disinterment would be $900 which includes the work fee for the disinterment and the opening and closing of grave. · Disinterment of an urn for ground burials would be $400. · Disentombment of casketed remains would be $500 and disinurnment of an urn from the mausoleum would be $500. · The disinterment fee for an infant burial would be $500. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC sr.' "'":.-2,10- / ...... .'\\ Ill' . h: 0\ !(; J-"-. ... /'<r '\''''~/ ~ rON "" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . If additional biomedical waste, removal or sanitizing is required, it would be the responsibility of the owner. . It would remain the responsibility of the funeral home to ensure that the vault, its contents and marker, were removed from the premises. PROGRAM IMPACT: None FISCAL IMPACT: The revenue will be used to offset the costs borne by the City for these services. ALTERNATIVES: The alternative would be to continue to collect $400 on weekdays and $500 on weekends for disinterments from the ground and not charge any fee for the services Pfovided by City staff for disentombments and disinurnments from the Mausoleum. . ~ 111. PN:u~ ~~ Department Head's Signature City Manager's Signature ~ Assistant to City Manager ~ City Attorney / Finance City Clerk's Office S.\CC\WP\CEMETERY\Agenda Item Requests\Agenda Item Request for Adoption of Fees for Dlslnterments_Dlsentombments-Dlslnurnments-Revlsed.doc 1 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. 07- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AN INCREASE IN THE FEE SCHEDULE FOR DISENTOMBMENTS, DISINTERMENTS AND DISINURNMENTS AT THE CITY CEMETERIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, during the Cemetery Board meeting on November 8, 2007, the Cemetery Board unanimously voted to recommend adjustments to the fee schedule for disentombments, disinterments and disinumments; and WHEREAS, staff has conducted a survey of the fee structures for neighboring cemeteries that revealed that the fees for the City of Boynton Beach cemeteries were among the lowest in Palm Beach County; and WHEREAS, it is the recommendation of staff and the Cemetery Board to adjust the fee structure for disentombments, disinterments and disinumments for the City of Boynton Beach cemeteries. 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, authorizing an increase in the fee schedule for disentombments, disinterments and disinumments for the City of Boynton Beach cemeteries as follows: · A disinumment from the ground would be $500. If additional biomedical waste, removal or sanitizing is required, it would be the responsibility of the owner. S:\CA \RESO\Cemetery Rates( disinterments ).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 \ \ 16 \ \ 171 I 18 I 19 I 20 21 . 22 II 23 \ \ 24 \ 25 I 26, \ 27 28 II ~; \ 32 33 34 35 36 \ I ~~ \ I 39 40 41 42 43 . A disinterment would be $900 which includes the work fee for the disinterment and the opening and closing of grave. . Disinterment of an urn for ground burials would be $400. . Disentombment of casketed remains would be $500 and disinurnment of an urn from the mausoleum would be $500. If additional biomedical waste, removal or sanitizing is required, it would be the responsibility of the owner . The disinterment fee for an infant burial would be $500. . It would remain the responsibility of the funeral home to ensure that the vault, its contents and marker, were removed from the premises. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this _ day of December, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weila.l1d Commissioner - Woodrow L. Hay Commissioner -- Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S :\CA \RESO\Cemetery Rates(disinterments ).doc VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 21, 2007 August 6,2007 (Noon.) D October 16,2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 13, 2007 October 15, 2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) I2SJ December 3, 2007 November 19,2007 (Noon) 0 Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Un[mished Business D Public Hearing D RECOMMENDATION: Staff recommends that the City Commission approve resolution No. 07- . the reclassifIcation of one (1) position in the Finance Department from Senior Buyer, pay grade 15, to Purchasing Agent, pay grade 25, EXPLANATION: The recent vacancies within the department have allowed staff time to review the job duties and responsibilities of several positions in the Finance Department. After a thorough analysis, it has been determined it is more efficient to reassign some of the duties/responsibilities, While the Senior Buyer primarily assists in the procurement process, the Purchasing Agent manages the procurement process operations and functions. In order to facilitate these changes and provide for a better distribution of workload, it is recommended that the Senior Buyer, pay grade 15 be upgraded to Purchasing Agent, pay grade 25, PROGRAM IMP ACT: More accurate job descriptions and a more efficient distribution of essential functions required to perform work related duties. This change will also ensure consistency in pay grades with other positions that have similar responsibilities and duties throughout the City. FISCAL IMPACT: Reclassifying the Senior Buyer from pay grade 15 to Purchasing Agent pay grade 25 will have a fInancial impact of$5,607.87 for the remainer ofFY 07/08. Funds are available to support this change in the Finance budget due to extended vacancies. ALTERNATIVES: Make no changes to the Senior Buyer position, thus the distribution of workload will be inconsistent due with other positions in the city with similar responsibilities and duties. Additionally, the incumbent will not be appropriately corope ated as tbe function' ace currently being perrunned by that indi";dual.~ ril4 City Manager's Signature Assistant to City Manager ~ Human Resources City Attorney / Finance Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 13// 14/1 15/ 16 I 1711 18 I 19 20 21 " 1 2 3 4 5 6 7 8 9 10 RESOLUTION R07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH APPROVING THE RECLASSIFICATION OF THE SENIOR BUYER POSITION IN THE FINANCE DEPARTMENT TO PURCHASING AGENT, PAY GRADE 25; PROVIDING AND EFFECTIVE DATE. WHEREAS, the recent vacancies in the Finance Department have allowed staff time 11 to review the job duties and responsibilities of several positions in the Finance Department; 12 and WHEREAS, in order to facilitate these changes and provide for better distribution of workload, it is recommended that the Senior Buyer, pay grade 15, be upgraded to Purchasing Agent, pay grade 25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON ,BEACH FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach hereby approves 22 the reclassification of the Senior Buyer position in the Finance Department to Purchasing 23 Agent, pay grade 25. 24 25/1 I Section 3: This Resolution shall become effective immediately upon its passage. S\CARESO\Reclass positiOll(Purchasing Agenl).doc J I 1 2 PASSED AND ADOPTED this 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 S:\CA\RESO\Rec1ass position(Purchasing Agent).doc day of ,2007. CITY OF BOYNTON BEACH Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross Class Code 04332 Grade 15 FLSA: Non-Exempt CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: BUYER, SENIOR PURPOSE OF CLASSIFICATION The purpose of this classification is assist the Purchasing Agent in supervising purchasing functions, to include assisting with development of division goals/objectives and budget, supervising staff work activities, coordinating procurement and bidding of goods and services, coordinating development and review of bid specifications, assisting city departments with purchasing procedures, and performing duties of Purchasing Agent in absence of same. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Provides direction, guidance, and assistance to employees or student interns; coordinates daily work activities involving preparation and maintenance of purchasing documents and records; provides training in the procurement process for bids and preparation of requests for quotes (RFQs) and requests for proposals (RFPs) and E-quotes; organizes, prioritizes, and assigns work; monitors status of work, inspects completed work, and troubleshoots problem situations. Performs the duties of Purchasing Agent in absence of same; assigns and reviews work of procurement staff as required. Assists with preparation of division budget; assists in monitoring expenditures to ensure compliance with approved budget. Assists in developing long/short term plans, goals, objectives, mission statement, and organization chart for the division; assists in monitoring achievement of objectives in order to meet division goals. Assists in conducting formal bid openings; conducts bid openings in absence of Purchasing Agent. Coordinates research, preparation, and review of bid specifications for products and services; writes requests for quotes (RFQs), requests for proposals (RFPs), and bid notices. Solicits, processes, and administers bids, RFQs, and RFPs; assists in coordinating bidding conferences and bid openings; analyzes and tabulates bids and reviews information with city departments; administers bid awards. Prepares contracts and agreements and coordinates departmental and City Attorney's Office review; monitors approved contracts for compliance with contract specifications and city policies. Page 1 Last Revised: April 2006 .. """'~';'''''''"""""-,,,,-,,,,,,,;~,,,,,,,,,-,,,,,,,,",,,,,,,-,",,,,",~,,,,,...,~it,"",~""",""",;,_..:~;_,,...., City of Boynton Beach, Florida. Buyer, Senior 04332 Reviews, prepares, and/or processes various purchasing documents including purchase requisitions, purchase orders, payment requisitions, insurance forms, bid bonds, performance or payment bonds, "statement of no bid" sheets, agenda recommendations, bid quote sheets, and cash receipts. Composes correspondence, bid award letters, memos, purchasing agenda memos, bid tabulation sheets, and purchasing reports. Inspects and evaluates goods and materials to ensure compliance with bid specifications and contractual requirements. Evaluates needs of user departments in purchasing goods and services; assists in researching products; responds to inquiries or complaints from user departments. Assists Purchasing Agent in training city employees on purchasing policies, procedures, and practices; advises departments of proper procedures for writing bid specifications, processing purchase orders, preparing contracts, and performing other purchasing activities. Confers with user departments, vendors, contractors, local governments, state agencies, sales and service representatives, and others. Assists in developing the Department's purchasing calendar and conducts special projects as assigned. Researches and develops vendor listings; obtains state contract information on Internet for user departments. Mails bid and vendor applications; enters vendor and purchasing data into computer. Maintains knowledge of cuiTent market conditions, new products, trends, practices, and product research to ensure efficient procurement of goods and services for the city. Refers to Thomas Register, the Blue Book, city and state purchasing policies, supply and price catalogs, and other resources in performing purchasing administration duties. ADDITIONAL FUNCTIONS Performs purchasing end-of-month, end-of-quarter, and end-of-year procedures and generates related reports. Performs other related duties as required. MINIMUM QUALIFICATIONS Associate's degree with course work emphasis in Purchasing, Procurement, Business Administration, or a related field; supplemented by three (3) years previous experience and/or training that includes purchasing, procurement, and accounting; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess certification as a Public Professional Buyer. Page 2 Last Revised: April 2006 Corrected Grade January 2006 04332 PERFORMANCE APTITUDES Data Utilization: Requires the ability to review, classify, categorize, prioritize, and/or analyze data. Includes exercising discretion in determining data classification, and in referencing such analysis to established standards for the purpose of recognizing actual or probable interactive effects and relationships. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in a supervisory capacity. Equipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 Last Revised: April 2006 Corrected Grade January 2006 Class Code 04319 Grade: 25 FLSA: E CITY OF BOYNTON BEACH, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: PURCHASING AGENT PURPOSE OF CLASSIFICATION The purpose of this classification is to manage the Purchasing Division's operations and functions, to coordinate procurement and bidding activities for the city, and to interact with user departments, vendors, suppliers, contractors and others. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, d~sciplining, and completing employee performance appraisals. Supervises daily operations and functions of the division; assigns, directs and supervises the work of subordinate staff; oversees and coordinates procurement and bidding activities; monitors work to ensure compliance with applicable laws, policies, and practices; coordinates internal administrative activities of the division. Assists the department director in the recruitment and selection of division personnel. Reviews and/or approves purchase requisitions, bid requests, change orders, purchase orders, bid specifications, payment orders, bid advertisements, and budget transfers. Develops bid specifications; writes requests for quotes (RFQs), requests for proposals (RFPs), and bid advertisements; assists buyers in same. Conducts official bid openings and bidding conferences; oversees the tabulation and analysis of bids; coordinates the bid award and notification process. Advises city management, City Attorney, and others on purchasing activities, policies and practices; prepares agenda items for consideration by the City Commission; reviews and interprets the City budget to advise the Commission and staff regarding compliance and feasibility of purchase requests for major products, services, or projects prior to approval. Receives and coordinates responses to inquiries, problems, and complaints from vendors, consultants and others. Confers with City Attorney's Office in reviewing contracts and agreements and handling vendor complaints. Page 1 Last Revised: May 2006 04319 Prepares monthly activity reports and division reports; cooperates with finance department and auditors to supply requested information pertaining to purchasing activities and vendor accounts to aide the annual audit, budget monitoring and review of accounting practices. Provides technical assistance to user departments in identifying purchasing needs, developing RFQs and RFPs, buying from state contract, evaluating bid responses. Interprets and explains purchasing policies and procedures to city staff, vendors, contractors, and others. Composes correspondence, bid award letters, memos, purchasing agenda memos, bid tabulation sheets, purchasing reports, and others. Coordinates with city management in developing the city's purchasing calendar for each fiscal year; coordinates with the Buyers to develop a Fiscal Calendar schedule and Monthly Buyers Log of all major projects and Annual Bids by Department/Division. Completes division time sheets and approves employee leave requests; prepares weekly payroll. Develops the Division's annual budget request; administers the budget to ensure compliance with adopted budget. Maintains and updates Code of Ordinances assigned to Purchasing. Maintains knowledge of current market conditions, new products, trends, practices, and product research to ensure efficient procurement of goods and services for the city. Refers to ordinances, laws, statutes, policies and procedures, the Thomas Register, the Blue Book, bid listings, supply and price catalogs, and other resources in performing purchasing administration duties. Maintains knowledge of laws, policies, and practices in local government purchasing by attending professional conferences and seminars and by reading professional journals. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Bachelor's degree in business administration, finance, marketing, or closely related field; supplemented by three (3) years previous experience and/or training as a buyer in local government purchasing; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to function in a managerial capacity for a division or organizational unit. Includes the ability to make decisions on procedural and technical levels. Page 2 Last Revised: May 2006 04319 Eauipment. Machinery. Tools. and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, profit and loss, ratio and proportion; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the direction, control and planning of an entire program or set of programs. ADA COMPLIANCE phvsical AbiliW: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Reauirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. The City of Boynton Beach, Florida, is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. Page 3 Last Revised: May 2006 ~ ',0_.'0 IT( ~ 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 City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) D October 16,2007 October 1, 2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October 15, 2007 (Noon) D September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5,2007 (Noon) D October 2, 2007 September 17,2007 (Noon) 181 December 3, 2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda LJ Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Approval of Resolution No. 07- confirming terms and conditions set forth in our EMS Grant award (C-70) as approved by the Palm Beach County Division of Emergency Medical Services. EXPLANATION: Commission approval in the form of a resolution is necessary to- obtain grant funds awarded to the Fire Rescue Dept. for the purchase of a personal water craft ($9499.00). This equipment will allow our Dive Rescue personnel to quickly respond to victims located in local bodies of water. Records indicate that there are over 50 separate bodies of water within our city limits, not counting various canals and intracoastal waterway. Additional funding was also awarded for our continued CERT team training activities ($11,450.00). See attached award letters. PROGRAM IMPACT: The acquisition ofthis vessel will dramatically reduce the response times to patient access. Rapid response times are critical to the successful resuscitation of any drowning victim. Given the vast expanse of coverage to which our Dive Team personnel respond, having a rapidly transportable personal water craft becomes critical. The funding of our CERT team program will insure the continued growth and expansion of the program as we prepare our city for the possibility of a major hurricane or other similar disaster. FISCAL IMPACT: None. Funding for both these programs is 100% reimbursable. Initial funding will be charged to EMS grant expense accounts; 105-3425-513-52-20 and 105-3425-513-64-33 ALTERNATIVES: Not accept the grant award and either fund the purchase ofthe personal water craft and CERT ~ining 'hrOUgh. City Fund, 0' ,..< ~ r\ 1\ C:- r'Z-~ i C<.-<::- ,j) A"i,tmt to City Mona,e, ()hvv c;7jJ{I~ City Attorney / Finance Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 RESOLUTION NO. R 07- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE PALM BEACH COUNTY EMERGENCY MEDICAL SERVICE GRANT PROVIDING FOR THE PURCHASE OF A PERSONAL WATER CRAFT FOR USE BY OUR OCEAN RESCUE PERSONNEL AND FOR THE CONTINUED CERT TEAM TRAINING ACTIVITIES; AUTHORIZING AND DIRECTING THE EXECUTION OF THIS GRANT; AND PROVIDING AN EFFECTIVE DATE. r- o 7 8 9 10 11 12 13 14 WHEREAS, the Legislature has provided for a program that makes funds available to 15 Ijlocal emergency medical services programs; and 16 II WHEREAS, the Palm Beach County Emergency Medical Services Division has made 17 these grant funds available for the purchase of a personal water craft to allow the City's Dive 18 I. Rescue persounel to quickly respond to victims itt local bodies of water attd for cotttiuued 19 CERT team training activities; and 20 WHEREAS, the City Commission upon recommendation of staff, recognizes that these 21 funds will be used to purchase a personal water craft for use by our Ocean Rescue personnel 22 and for continued CERT team training activities. I - 23 NO''', THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 28 and directs the City Manager to accept and execute the Grant, from the Palm Beach County 29 Emergency Medical Services for the purchase of a personal water craft for use by our Ocean 1 Rescue personnel and for the continued CERT team training activities. 2 Section 3. The City Commission certifies that the monies from the Grant Award 3 will improve and expand prehospital services within the City's coverage area; not be used to 4 supplant existing budget allocation; and meets the goals and objectives of the EMS County 5 Grant Plan. 6 Section 4. This Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of December, 2007. 8 9 CITY OF BOYNTON BEACH, FLORIDA 10 11 12 Mayor - Jerry Taylor 13 14 15 Vice Mayor - Jose Rodriguez 16 17 18 Commissioner - Ronald Weiland 19 20 21 Commissioner - Woodrow L. Hay 22 23 24 Commissioner - Marlene Ross 25 ATTEST: 26 27 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 34 (Corporate Seal) 35 36 37 38 S:\CA\RESO\Agreements\Grants\BBFD - EMS Grant - water craft and CERT.doc 39 40 Department of Public Safety Division of Emergency Management 20 S. Military Trail West Palm Beach, FL 33412 (56l) 712-6400 Fax: (561) 712-6464 www.nbcl!o\.cOll1 . Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson Jeff Koons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer ,. "';"'...."'''_',k,'''.'".".,.""..'''''''-'''''~~I;~.. "","'W..::'1(';o;r November 5, 2007 07-DIR-82-L Deputy Fire Chief James Ness Boynton Beach Fire Rescue Dept. 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Deputy Chief Ness: RE: EMS Grant C70 Your agency will receive $9,499.00 from the EMS Grant Award Program. Please see attached which covers the items and work schedule for your EMS Grant Award. The EMS Grant package is being presented to the Board of County Commissioners at their December 18, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. Please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply with the state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, c Date Ene. Cc: EMS Grant files Department of Public Safety Division of Emergency Management 20 S. Military Trail West Palm Beach, FL 33412 (561) 712-6400 Fax: (561) 712-6464 www.pbcgov.com . Palm Beach County Board of County Commissioners Addie L. Greene, Chairperson leffKoons, Vice Chair Karen T. Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman "An Equal Opportunity . 'r,rmative Action Employer" November 5, 2007 07-DIR-82-L Deputy Fire Chief James Ness Boynton Beach Fire Rescue Dept. 1 00 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Deputy Chief Ness: RE: EMS Grant C70 Your agency will receive $11,450.00 from the EMS Grant Award Program. Please see attached which covers the items and work schedule for your EMS Grant Award. The EMS Grant package is being presented to the Board of County Commissioners at their December 18, 2007 meeting. Once it is approved by the Board, it will be forwarded to the State EMS Office for their execution. Please provide us with a letter of confirmation from your agency's administrator concurring with the amount of the award, activity and expenditure plans, and assurance that your agency will comply _with the state and county grant requirements, including reporting. If you have not submitted a Resolution from your Governing Board, kindly proceed to obtain same prior to making the purchase certifying that monies from the Grant Award will: 1) Improve and expand prehospital services in that coverage area; 2) Not be used to supplant existing provider's budget allocation; 3) Meets the goals and objectives of the EMS County Grant Plan. Thank you for your cooperation. Sincerely, ~\~\~-ic Charies . Tear, Director Public Safety Department Division of Emergency Management c Date Enc. Cc: EMS Grant files VI.-CONSENT AGENDA ITEM C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 21. 2007 August 6, 2007 (Noon.) D October] 6, 2007 October], 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October 15, 2007 (Noon) 0 September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) ~ December 3, 2007 November 19, 2007 (Noon) D Announcements/Presentati ons D City Manager's Report NA TURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Approve Resolution No. 07 _ _ authorizing the City of Boynton Beach to enter into the 2nd year ofa 3 year interlocal agreement with Palm Beach County to receive funding in the amount of $300,000 as a partner in the continued planning and _ implementation of the Youth Violence Prevention Program (YVPP) in the target area in the City of Boynton Beach. EXPLANATION: This interlocal agreement was originally entered into on February 27, 2007 with Palm Beach County. The agreement outlined the City of Boynton Beach's duties and responsibilities within the concept of developing a Youth Empowerment Center. Our Youth Empowerment Center is scheduled to open on February 9th in conjunction with the City's Parks and Recreation Department's grand opening of the Carolyn Sims Center. The YVPP currently has six service providers scheduled to participate in community redevelopment by addressing issues from tutoring to gang prevention and intervention. YVPP is also in planning stages with South Tech High School and Work Force Alliance is developing ajob academy. The program will utilize the Hester Center as the "sports hub" facility where most of the sporting activities will take place, in conjunction with what is currently being offered by the Parks and Recreation Department. The YVPP permanent location with be the Carolyn Sims Center. Our Executive Committee, Steering Committee and Teen Council continue to meet on a monthly basis to make joint decisions about YVPP. Attached is an executive summary of the YVPP, however a complete program document is available upon request from the City Manager's OffIce. PROGRAM IMPACT: This program has the potential to have a long term, systemic impact on the community in which the center resides. YVPP promotes self empowerment at all levels of development. Regardless of social status, economic resources, race or religion all youth battle with decision making. This program, along with the collaborative efforts of the local business, churches, community, courts, schools and police can and will change the future for the City of Boynton Beach for the good. Youth empowered by their community, through their community and for their community are a powerful force of change. Once the youth know that their communities are vested in their futures regardless of their past, they will be invested to make the changes needed for a better tomorrow. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM This program has the potential to reduce violent crime associated with youth, gang participation, drug use and has the potential to increase civic awareness, compassion, leadership and the potential to change the landscape of this community through self empowerment. FISCAL IMPACT: (Include Account Number where funds will come from) Funding for the last year has been maintained by the CJC and it is intended that the funding will remain for the next two (2) years. The City will renew its funding application annually through the CJC for Palm Beach County. The City of Boynton Beach will be contributing an estimated $500,000 in in-kind costs to the YVPP. ALTERNATIVES: N'o;,to enter into the 7 Interlocal Agreement with Palm Beach County and forfeit t e gra t award. ,/ ' / /' ~,,-.Jr i I 1,~ City Manager's Signature ~ - S=: ~ . City Attorney / Finance Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 RESOLUTION R07- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF 5 AN INTERLOCAL AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH AND PALM BEACH 7 COUNTY FOR THE SECOND YEAR OF A THREE 8 YEAR AGREEMENT TO RECEIVE FUNDING IN THE 9 AMOUNT OF $300,000.00 AS A PARTNER IN THE 10 CONTINUED PLANNING AND IMPLEMENTATION 11 OF THE YOUTH VIOLENCE PREVENTION 12 PROJECT; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, this Interlocal Agreement was originally entered into on February 27, 15 2007, with Palm Beach County; and 16 WHEREAS, the City Commission of the City of Boynton Beach upon 17 recommendation of staff, deems it to be in the best interest of the citizens of the City of 18 Boynton Beach to authorize execution of the Interlocal Agreement with Palm Beach County 19 for implementation of year two of a three year agreement for funding in the amount of 20 $300,000.00 to for the Youth Violence Prevention Program in the City of Boynton Beach. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. Upon recommendation of staff, this Commission does hereby 27 authorize execution of this Interlocal Agreement between the City of Boynton Beach and 28 Palm Beach County for implementation of year two of a three year agreement for funding in 29 the amount of $300,000.00 for the Youth Violence Prevention Program in the City of 30 Boynton Beach, a copy of said Agreement is attached hereto and made a part hereof as S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for YVPP (year 2).doc 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A". 2 Section 3. That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this _ day of December, 2007. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay ATTEST: Commissioner - Marlene Ross Janet M. Prainito, CMC City Clerk (Corporate Seal) /I S:\CA\RESO\Agreements\lnterlocals\ILA with PBC for YVPP (year 2).doc INTERLOCAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY, FLORIDA, AND THE CITY OF BOYNTON BEACH, FLORIDA THIS INTERLOCAL AGREEMENT is made the first day of October, 2007 by and between the Board of County Commissioners, Palm Beach County, a political subdivision of the State of Florida (herein referred to as the COUNTY), and the City of Boynton Beach, a municipality located in Palm Beach County, Florida (herein referred to as the CITY), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida I nte rloca I Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, The Criminal Justice Commission (CJC), upon direction from the Board of County Commissioners (BCC), continues the development of a Youth Violence Prevention Project which addresses the increase in violent firearms crimes; and WHEREAS, on December 5, 2006 the BCC approved funding to initiate partnerships with Riviera Beach, West Palm Beach and Boynton Beach to implement the Youth Violence Prevention Project; and WHEREAS, the Youth Violence Prevention Project has been initiated in four of the five target areas; and WHEREAS, the CITY has presented a proposal to initiate a partnership in accordance with the Youth Violence Prevention Project guidelines; and WHEREAS, the COUNTY, will reimburse the CITY for the expenses outlined in the Budget Narrative in Exhibit "B", up to the amount of $300,000 from October 1, 2007 through September 30, 2008 for the Youth Violence Prevention Project set forth in Exhibit "A". A copy of the budget is attached as Exhibit "B" and by this reference incorporated herein; and WHEREAS the CITY will provide services and expenditures in the targeted areas as set forth in Exhibits "A" and "B"; and ____ oil _& ~ n___..... NOW, THEREFORE, in consideration of the mutual representations, terms and covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. PURPOSE and PAYMENT The CITY agrees that it shall implement a Youth Violence Prevention Project in partnership with the COUNTY and adhering to the concepts proposed by the CJC and approved by the BCC, outlined in the Youth Violence Prevention Project Implementation Plan in Exhibit "E". The COUNTY agrees to reimburse the CITY for the expenses identified in Exhibit "B" for the Program in a total amount not to exceed $300,000. The COUNTY'S Executive Director of the Criminal Justice Commission may authorize adjustments in the inclusive budgeted items of up to 10% provided there is not an increase in the total Agreement amount. The COUNTY'S representative shall review in advance all capital and event expenses (events must have their own budgets) in excess of $500.00. All equipment and capital items costing more than $300.00 shall be inventoried and marked. A list of all such items shall be provided to the COUNTY'S representative within twenty (20) days of receipt and prior to payment by the COUNTY. In the event of the termination of the Youth Violence Prevention Project by either party under this or subsequent contracts, the items purchased hereunder shall be immediately transferred to the COUNTY. All subcontracts for services herewith, shall require prior review and written authorization by the COUNTY'S representative.. SECTION 2. REPRESENT A TIVElMONITORING POSITION The COUNTY'S representative/contract monitor during the term of this Agreement shall be Brenda Oakes, whose telephone number is (561) 355-1617. The CITY'S representative/contract monitor during the term of this Agreement shall be, Ms. Stacey Robinson whose telephone number is (561) 742-6028. SECTION 3. EFFECTIVE DA TElTERMINA TION This Agreement shall take effect upon execution and shall continue in full force and effect up to and including September 30,2008 unless otherwise terminated as provided herein. SECTION 4. RESPONSIBILITIES AND DUTIES The CITY agrees to: provide services in accordance with the Youth Violence Prevention Project Implementation Plan delineated in Exhibit "E". The CITY agrees to: continue to sustain the Youth Violence Prevention Project as outlined in the Implementation Plan delineated in Exhibit "E". SECTION 5. PA YMENTS/INVOICING AND REIMBURSEMENT The CITY shall submit monthly programmatic reports (Exhibit "C") and monthly financial invoices (Exhibit "on) to the COUNTY which will include a reference to this Agreement, r""Io___ ,., _~ c n_.............. identify the project and identify the amount due and payable to the CITY, as well as confirmation of the city's expenditures for the Project. Upon receipt and approval of the CITY's monthly programmatic and fiscal invoices, included as part of Exhibits A and B, the COUNTY will reimburse the CITY the not-to-exceed amount in accordance with the budget (Exhibit "B"). Invoices shall be itemized in sufficient detail for prepayment audit thereof. The CITY shall supply any further documentation deemed necessary by the COUNTY, including detailed data for the purposes of evaluation of the project by the Florida State University College of Criminology and Criminal Justice. Invoices received from the CITY will be reviewed and approved by the staff of the COUNTY'S CJC, indicating that expenditure has been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within thirty (30) days following approval. SECTION 6. ACCESS AND AUDITS The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the work for at least three (3) years after completion of the projects. The COUNTY shall have access to all books, records and documents as required in this section for the purpose of inspection or audit during normal business hours. SECTION 7. BREACH/OPPORTUNITY TO CURE The parties hereto expressly covenant and agree that in the event either party is in default of its obligations herein, the party not in default shall provide to the party in default thirty (30) days written notice to cure said default before exercising any of its rights a~ provided for in this Agreement. SECTION 8. TERMINATION This Agreement may be terminated by either party to this Agreement upon sixty (60) days written notice to the other party. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties; however, this clause pertains only to the parties to this Agreement. SECTION 10. NOTICE AND CONTACT All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the COUNTY: Michael L. Rodriguez Executive Director Criminal Justice Commission 301 N. Olive Ave., Suite 1001 West Palm Beach, Florida 33401 With a copy to: Palm Beach County Board of County Commissioners Dawn Wynn, Assistant County Attorney 301 North Olive Avenue, 6th Floor ____ ") _~ a n___,.. West Palm Beach, FL 33401 For the CITY: Kurt Bressner, City Manager 100 East Boynton Beach Blvd. City of Boynton Beach Boynton Beach, FL 33425 SECTION 11. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the COUNTY and CITY. SECTION 12. FILING A copy of this Agreement shall be filed with the Clerk: and Comptroller in and for Palm Beach County. SECTION13. LIABILITY The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 14. REMEDIES This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. SECTION 15. EQUAL OPPORTUNITY PROVISION The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. SECTION 16. INSURANCE BY CITY OF BOYNTON BEACH Without waiving the right to sovereign immunity as provided by s.768.28 F.S., CITY acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event CITY maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under s.768.28 F.S., CITY shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. r"'"lo__~ .<II _-'c n_.....,..,... The CITY agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute 440. When requested. CITY shall provide an affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign immunity status, which the COUNTY agrees to recognize as acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall not relieve the CITY of its liability and obligations under this Interlocal Agreement. Section 17. NOTICES The CITY, and its subcontractors, shall include information in all public announcements, advertisements and printed materials relating the Youth Violence Prevention Project and its activities thereafter, that the funding has been provided by the Palm Beach County Criminal Justice Commission and the Palm Beach County Board of County Commissioners. Section 18. CRIMINAL HISTORY RECORDS CHECK The CITY shall conduct a Criminal History Records Check including fingerprinting for all CITY employees or subcontractors who are in direct contact with youth program participants. Section 19. REGULATIONS; LICENSING REQUIREMENTS: The CITY shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. The CITY is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. Section 20. CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning- Section 21. SEVERABILITY In the event that any section, paragraph, sentence, clause, or provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. SECTION 22. ENTIRETY OF AGREEMENT This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, written or oral, relating to this Agreement. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock, Clerk and Comptroller By: By: ____ t= _~ ~ n____ Deputy Clerk Addie L. Greene, Chairperson (SEAL) WITNESSES: CITY: Boynton Beach, FL Kurt Bressner, City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: Michael L. Rodriguez, Executive Director Criminal Justice Commission ....._ __ C ....& a n......_......_ Executive Summary for Youth Violence Prevention Project At the CJCs annual planning meeting held in November 2004, Commissioner Koons raised concern over a rash of youth violence which unanimously was prioritized as a 2005 priority. On February 15, 2005, the BCC directed the Criminal Justice Commission (CJC) to develop a Youth Violence Prevention Project which would address the increase in violent fIrearms crimes. A Youth Violence Prevention Steering Committee was formed to bring local agencies together to create a comprehensive youth violence reduction program. The fIve targeted areas that became evident through violent crime mapping (GIS) analysis include Riviera Beach, West Palm Beach, Lake Worth, Boynton Beach, and Belle Glade. The CJC recommended implementation of Youth Empowerment Center with programs for the teens and a Justice Service Center with programs to be established for youthful offenders on probation or re-entering from prison in each of the fIve targeted violent crime areas. The project emphasis is on education and law enforcement strategies. Pursuant to the BCC direction the CJC created a Youth Violence Prevention Planning Steering Committee with subcommittees and work groups to coordinate and research the development of a Youth Violence Prevention Project. Palm Beach County experienced and continues to see a rash of shooting, generating tremendous concern on the part of the BCC, Criminal Justice Commission members, local law enforcement, educators and the community. The CJC utilized a national model created by the U.S. Department of Justice, OffIce of Justice Programs. A comprehensive approach was developed using the research compiled by Florida State University and by involving professionals from the criminal justice system, education, and human services, and local youth. Florida State University, Center for Public Policy in Criminal Justice, assimilated and analyzed fIve years of raw crime data on local violent crime data which demonstrated, after a decline from 1994-2002, a signifIcant increase in murders and fIrearms crimes. Four subcommittees, including crime prevention, law enforcement, courts and corrections, developed a strategic plan. A youth Workgroup was formed with 25 youth from various areas of the county. The Workgroup surveyed over 500 youth, including youthful offenders in jail and on the Department of Juvenile Justice probation. The research supported a multi-agency comprehensive approach as being the most effective. The City of Boynton Beach is taking active measures to fInd solutions to this prevailing problem. On February 28, 2007 the City was awarded a $300,000.00 grant from the Palm Beach Criminal Justice Commission to implement a Youth Violence Prevention Project. This project is a community based initiative designed to combat the problem of youth violence. The targeted age group for the Youth Empowerment Center is ages 13-18. The boundary for the targeted neighborhoods is 1-95 west, Federal Highway east, Woolbright Road south, and Miner Road North. Currently programs are being run out of Ezell Hester Center as the temporary site with the future site being The Carolyn Sims Center. The site of the Justice Service Center has not yet been established. The programs will include after school programs and activities, tutoring/mentoring, job training for in school and out of school youth, information on resources, gang prevention outreach, parenting classes, employment services, Safe Schools Programs and transportation. Presently this program offered by the CJC is a 3 year funded program. The CJC requires the participating cities to assist with the funding by providing in kind services for the center. Through this grant the City of Boynton Beach has hired a Youth Violence Prevention Coordinator to work with the Executive Committee and Steering Committee to oversee the grant. The progress of the project will be tracked on a regular basis through site visit, progress reports and performance measures. eit,y ot 5o,ynton 5each Neighborhood Services :~~1:;]'l'~~"I\r,:\'s Youth violence is a serious problem that can have lasting harmful effects on vic- tims and their family, friends, and communities. The goal for youth violence pre- vention is simple-to stop youth violence from happening in the first place. How- ever, the solutions are just as complex as the problem. Violence is everywhere-in our movies, music, television programs and sports. It is increasingly evident in many workplaces, as competition has become more a dominant feature of people's working lives. Layoff practices in some companies epitomize the dehumanizing way people are treated. Violence and aggression are also evident in many community and political processes, where individuals and or- ganizations are constantly trying to gain or maintain control over various "agendas." It is present in many homes, destroying children, parents and families. As these examples show, violence is a communitv problem. We must all accept responsibility for its solutions. I Violence in communities affects everyone in many different ways and is not just an issue for the criminal justice system to address-its a public health issue that has many risk factors; individual beliefs and behaviors such as early aggression and use of alcohol or other drugs; family characteristics such as spousal abuse and lack of parental supervision; peer and school influence.s such as associating with delinquent friends; and environmental factors such as access to firearms. This complexity presents may challenges for those who are working to prevent youth violence (Dahlberg 1998). Prevention efforts should ultimately reduce risk factors (situations or characteris- tics that increases the likelihood of violence) and promote protective factors (situations or characteristics that decreases the likelihood of violence). Addition- ally, prevention should address all levels that influence youth violence: individuai, relationship, community, and society. Effective prevention strategies are necessary to promote awareness about youth violence and to foster the commitment to so- cial change. The City of Boynton Beach is taking active measures to find solutions to this pre- vailing problem. On February 28, 2007 the City was awarded a $300,000.00 grant from the Palm Beach County Criminal Justice Commission to implement a Youth Violence Prevention Project. This project is a community based initiative designed to combat the problem of youth violence. The foundation of the City's Youth Vio- lence Prevention Project is community coalitions and partnerships among police, courts, schools, social services, health organizations, parents, residents and busi- nesses. On back, are frequently asked questions that will provide more insight into the City's Youth Violence Prevention Project and the role business can play in prevent- For more information on the Youth Violence Prevention Project contact Stacey Robinson, Program Coordinator, YVPP (561) 742-6028. Source: Division of Violence Prevention National Center for Injury Prevention and Control Q; What is the Youth Violence Prevention Project? A: The Youth Violence Prevention Project is a multi-agency comprehensive approach that aims to prevent, control, and reduce violent crimes among youth, ages 13-21, in targeted high-crime neighborhoods of Boynton Beach. It consists of four (4) project components: law enforcement, courts, crime prevention and corrections. The Youth Violence Prevention Project is a three-year pilot launched by the Palm Beach County Criminal justice Commission to address the increase of youth violence throughout Palm Beach County. Q: Where are these neighborhoods located? A: The boundary for the targeted neighborhoods is 1-95 west, Federal Highway east, Woolbright Road south, and Miner Road north. Q: How does the Youth Violence Prevention Project work? A:. The Youth Violence Prevention Project is established on the fundamental principles of collaboration, community mobilization and leveraging resources and is developed utilizing the four (4) components. 1) Crime prevention is designed to foster conditions, attitudes and behaviors that promote a safer community for youth; preventing victimization and criminalization. 2) Law Enforce- ment focuses on connecting policing to the risk factors and utilizing community police officers as- signed to the targeted area to provide continuity and maintain community safety and peace by com- municating, forming partnerships, stimulating community mobilization and encouraging prevention programs and community improvements. 3) Courts is designed to divert youth from the juvenile justice system and provide the judiciary with additional sanctions. 4) Corrections provides assistance to juvenile and adult offenders through the establishment of a justice Service Center. Q: How can community residents and community organizations be a part of the Youth Violence Preventioo Project? A: Community residents and community organizations such as neighborhood or homeowner as- sociations, churches, social services, civic groups all have a direct stake in reducing crime and in en- suring that young people of today will become responsible, talented and productive citizens, employ- ees, civic leaders and entrepreneurs of tomorrow. Community residents and community organiza- tions can be an active partner in violence prevention campaigns and participate in various outreach and youth development programs that will engage at-risk youth in year-round activities beneficial to their social, academic and professional aspirations. The Youth Violence Prevention Project incorpo- rates mentorship, job readiness, leadership, life skills training, academic success, economic develop- ment, and community development. Community residents and organizations are essential partners to the success of this project. The list is limitless as to the type of projects and partnerships that can be developed that will make a difference in youth violence prevention. Q; What is the role of the different committees? A: Under the YVPP initiative, the overall management and program oversight rest with the Execu- tive Committee. To assist the Executive Committee in performing these duties, two key subcommit- tees have been formed; a neighborhood-based steering committee and teen council. Both subcom- mittees serve as advisors to the Executive Committee in the planning, coordinating and implementa- tion of strategies and programs to accomplish the goals of the Youth Violence Prevention Project. The membership of these committees will be diverse, reflecting all segments of the community, in- cluding youth. Neighborhood Services division oversees the project's staffing and day-to-day opera- tions. Q: How will the progress of the Youth Violence Prevention Project be tracked? A: The progress of the project will be tracked on a regular basis through site visits, progress re- ports and performance measures. The Palm Beach County Criminal justice Commission has con- tracted the Florida State University School of Criminology to conduct a comprehensive evaluation of VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Rcquesled City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office D August 21, 2007 August 6,2007 (Noon.) 0 D September 4, 2007 August 20, 2007 (Noon) D D September 18, 2007 September 3,2007 (Noon) D D October 2, 2007 September 17,2007 (Noon) ~ Requested City Commission Meeting Dates Date Final Fornl Must be Turned in to Citv Clerk's Office October 16, 2007 October I, 2007 (Noon November 7,2007 October 15, 2007 (Noon) November 20, 2007 November 5, 2007 (Noon) 'j r--- .. December 3, 2007 November 19, 2007 (Noo~~ r,> <1:'-..:;: NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative ~ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing N D City Manager's Report 0 D New Business 0 Legal w 0 UnfInished Business U1 CD D -~') ...-j --) -- -',:) . ,;-) RECOMMENDATION: Please place this request on the December 3,2007 City Commission Agenda under Consent. The Community Redevelopment Agency Board reviewed this item on November 14th and forwards it to the Commission with a recommendation for approval. Staff also recommends that this request for a Sidewalk Cafe Permit be approved, thereby allowing customer seating to be placed in the right-of-way at a planned ice cream shop on Ocean A venue, in conformance with the city's Land Development Regulations, Chapter 2. Zoning, Section 17. Sidewalk Cafe. For further information please see the brief description below and the accompanying CRA agenda documents. EXPLANATION: PROJECT: AGENT/APPLICANT: OWNERS: LOCATION: DESCRIPTION: Eye of the Storm Ice Cream Shop - Request for Sidewalk Cafe Permit Kim Kelly, business owner Harvey E. Oyer, Jr. 531 E. Ocean Avenue Request for a sidewalk cafe permit for a planned ice cream shop to allow placement of up to 4 tables and 18 seats along the right-of-way in accordance with the LDR, Chapter 2. Zoning, Section 17. Sidewalk caje. In summary, the Sidewalk Cafe section of the city's LDR establishes the review process; includes standards for placement of tables and chairs in the public way (and removal from), minimum pathway for public passage, appearance and maintenance; requires adherence to liability and insurance requirements; and includes rules for operation. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A Not approve the subject request. ~" Assistant to City Manager ~ Develo Planning and Zonin 'Irector City Attorney / Finance S:\PlanningISHARED\WP\PROJECTS\ idewalk Cafe Permits\Eye of the Storm Ice Cream Shop\Agenda Item Request 12-3-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 30YNTON "--l) /\ 3 ~ A C -H L~ \J~ East Side....West S.lde....Seas.lde Rena'lssance AGENDA ITEM STAFF REPORT DATE: November 14, 2007 SUBJECT: Approval of a Sidewalk Cafe Permit for the Eye of the Storm I Consent Agenda I X I Old Business New Business Public Hearing Other SUMMARY: The City of Boynton Beach ordinance requires a permit to be issued for a business to operate a sidewalk cafe abutting any sidewalk or when the outdoor seating will use the public right-of- way. The code also limits the location of sidewalk cafes to the boundaries the Community Redevelopment Area which allow restaurants or nightclubs, subject to any limitations of the particular zoning district. Kim Kelly, owner of the Eye of the Storm Ice Cream Shop located at 531 E. Ocean A venue, has submitted a Sidewalk Cafe permit application to the City of Boynton Beach's Department of Development Services. The application documents have been reviewed by Ed Breese, Principle Planner, as well as CRA staff for compliance under the ordinance. Because the sidewalk cafe application is within the CRA boundaries, the application requires the CRA Board to provide the Development Services Department with a recommendation of support prior to the application going before the City Commission for final approval and issuance. FISCAL IMPACT: None RECOMMENDATIONS: Staff recommends supporting the sidewalk application permit submitted by the Eye of the Storm located at 531 E. Ocean Avenue. ~/~ . /' /~ ~/1.:;:;!!- , ~- Michael Simon, evelopment Manager T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\07 11 14 CRA Board Meeting - November\Sidewalk Cafe Permit-Eye of the Storm.doc Hurricane Alley's Eye of the Storm Ice Cream Bar 53] E. Ocean Ave Boynton Beach, Florida 33435 56] 364-4038 November] S\ 2007 To Whom It May Concern: Please find the following information for application of a sidewalk permit 1. Kim Kelly 1225 West Mango Street Lantana, Florida 33462 561 797-34] 1 2. Hurricane Alley's Eye of the Storm Ice Cream Bar 53] E. Ocean Ave Boynton Beach, Florida 33435 561 364-4038 3. Copy of Completion provided at time of issuance ( agreed upon by Ed Breese) 4. Insurance rider attached 5. Drawings attached (12) 6. Photographs (12) Attached with proposal of 4 tables and total of] 8 seats 7. Written approval from Harvey Oyer Jr. Attached 8. Check enclosed for $40.00 PERMIT APPLICATION FEE ~llJ.i::.. V, ALJc'\. CAFE CHECKLIST I Name of Restaurant: "tI C-t..4'f"C~ ---I(/~:-:; E.~ff1..e I I Address: 081 .,e' -O~ ~n~ ~ R-I ~7~ reI ephone Number: ...:::r {p I (p -4 40 38" ~ lJLc... I Name of Applicant: !Z,'rn /<-e-IILf I Address: /:2 2-S- W. Aa-n-ro Si- ~a.-, jCL- S~4t.J, 2- Telephone Number: 5cP I If q 7 ~ .34 II Emergency Number: :3 {; q: ~ 400 g Written approval of building owner to operate said sidewalk cafe: Yes ~ -i No c:=J Copy of Business tax receipt to operate the associated restaurant/nightclub . adjacent to subject of application: I I Copy of Certificate of Occupancy if new / m~or construction: Yes c==J No ~ If I . . 8us/.....ess ~ y~ c ~:.pri no, exp am. hof- I'S~ u-~d..... '1~t; as ! bu.Ja..c'n't U.J1~ ~~ll~_:h'M Yes c==J No CEJ- . .!\ . I C.U. no+- 1'5SU.~~ L/-eti Tfno evnlal'n' b 'I A . II -~~r;;,'~~ r~;~~6Yl Proof of Liability Insurance In the amount of $1,000,000.00 per occurrence I Yes and to include City of Boynton Beach as an additional insured on policy). I' '')licy should also state the City shall receIve 30 day cancellation Jtification. I Hold Harmless Agreement I Yes oz( No ,----..., L--J CE:( No r---l '----' Signed statement acknowledging receipt of copy of the sidewalk cafe Yes ! regulations and understand them. No C=:::J Scaled drawing depicting layout and dimensions of the existing sidewalk Yes area and adjacent private property: (Drawing to include size and location of tables, chairs, steps, trees, bus shelters, sidewalk benches, trash receptacles, light poles, street signs, handicap ramps and any other sidewalk obstructions within pedestrian area and distance from the tables and chairs from all of the above). Photographs, drawings, specifications / manufacturers brochures of tables, chairs, umbrelJas, etc.: No i I I Non-refundable application fee ($40.00): I I I I Yes ~ No r-l ~ i I Yes ~ No i I I FOR OFFICE USE ONLY I Date submitted: /I - (p - 07 I Date deemed complete: /1- (p -0 7 Date of approval for transmittal to Board: 1/- ~ __ 0 Reviewer: K' ere.e.;:; e.- S:\Planning\SHARED\ WPIFORMS\APPLICA TI0NS\SIDEW ALK CAFE CHECKLIST.doc "-~,""~"'.'j;J'*"",$'"".'~<"';iM~"",~jt,#""".Aii>~;","~':""".,,,,,,%,;,,~-,,_,.. SIDEWALK CAFE PERMIT REGULA TIONS I, ;(m (ff::n~:t , acknowledge receipt of a copy of the City of Boynton Beach Sidewalk Cafe permit regulations. I have read and understand the I regulations. !-!urn CA.-rl e Ii (I ~ Y '5 Restaurant Name & Address vdl ~;:tu;J CfJ- ~/C J ()~ 1" he. (r Iv r ;-; i\(ov, C:,) d-dO 7 .' ,. Date CITY OF BOYNTON BEACH SIDEWALK CAFE HOLD HARMLESS AGREEMENT This Hold Harmless Agreement is made this b.-t! day of .Nu VLi'Y1 &JC.- .2007 \ by and between the CITY OF BOYNTON BEACH, FLORIDA (the City) and ../ /} ~ . ,-0 /. /-jVA 1'1 C(vYlL Hi i i?y 's t:: Y c D?~h c J h r 11"; j Jj~"--<:r \VITNESSETH : 5~1 WHEREAS, /' D. 7: > . . ./ U.-tL--t,- r:-'te ~l 1Lui- lLt . -, ~rW1 located at , City of Boynton Beach, Florida. has requested a permit for a sidewalk cafe pursuant to the requirements of Chapter 2, "Zoning," Section 17(0), "Sidewalk Cafe", of the Land Development Regulations of the City of BOYl1ton Beach; and WHEREAS, prior to authorizing the establishment of a sidewalk cafe, the applicant must enter into a hold harmless agreement with the City of Boynton Beach, and provide proof of insurance in conformance with the requirements of Chapter 2, Section 17(G) of the City of Boynton Beach Land Development Regulations; and /", r , WHEREAS, t( 1 {! 0 f 'ft., ~ un . a:rees to abide by alJ the regulations governmg SIdewalk cafes as contamed wIthin the CIty aT Boynton Beach Land Development Regulations. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND Mi\ TTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The recitations set forth above are incorporated herein. 2. tr..f5 0/ '-I~ Jh ,"-,1, acknowledges that the City shall assume no responsibility for said land, structures, improvements, materials, appurtenances or furnitur~ or tbe partial or co:p~ete desl'1'c60n or removal of the same on tbe subject property. , j. ~" cf d1-c .,JI7 , ~ shalJ defend, mdemmry, and hola harn1less, the City, its agents, officers, employees and servants from any and all claims, suits. causes of action or any claim whatsoever made, arising from the permit of the City to establish a sidewalk cafe or from any claims for damages to property or injuries to persons which may be occasioned by any activity carried on under the terms of the permit. ~. 4. ~jJ Dj {N ~rh-1 , agrees to provide all insorance required pursuando Chapter 2, Section 17(G), of the City of Boynton Beach, Florida. Failure to maintain the required insurance shall be sufficient cause for the City of Boynton Beach to '. suspend or revoke the Sidewalk Cafe permit issued pursuant to Chapter 2, Section 17(G) of the City of Boynton Beach Land Development Regulations. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day first written above. STATE OF plorid Cc Pt0VtA 5{ LC (Y\ m UAff1J?; IJ 13i7lvl1/J.'ld Witn~ s Signature fYl'/Yt14 /) B () u I2G4{,{ If Witness's Printed Name //tV.L.' #. ~" \Vitness's SigiiatUre ~,' 11. ~Cu4 Witness's Printed Name COUNTY OF I t-~, The foregoing instrument was acknowledged before' me this ~ day of _NOvG-'M.1-U 2))07 by J~'~{,! 15. {(e,/Ir (name of officer or agent, title of officer or agent), of Hl,t,.f(l' (Ct.tlll- ~I/ (>{; trt>P! (he..- 5-brf'!,1,:M t(name of corporation acknowledging), a F 10 y id b..... (state or place of incorporation) corporation, on behalf of the corporation. HelShe IS personally known to me or has produced p~ VL. (type of identification) as identification. ATTEST: ,'~~yYu.;'" Eliu S. Cueto A~~'~'~ Commission #DD323835 ~;:" ~~:l Expires: May 26, 2008 ~,~~ 0; io~," Bonded Thm ",,,,1' Atlantic Bonding Co., Inc. CITY OF BOYNTON BEACH, FLORIDA 2 City Clerk City Manager Approved as to Form and Legal Sufficiency: City Attorney DNT:dnt H:\l 990\900182.BB\AGREEMENTS 2007\Sidewalk Cafe Hold Harmless.DOC ., -' November 1 st, 2007 To Whom It may Concern, I, Harvey E. Oyer, Jr. give permission to Kim Kelly to have table and chairs in front of the establishment Eye of the Storm located at 531 E. Ocean Ave Boynton Beach, Florida 33435 r r) /lX D~J;:~ PROlJuct!R ACORD 9~ 583-5444 CERTlFICATE OF LIABILiTY INSURANCE THIS CERTIFICATE 15 ISSUED AS A MA~l': OF IIIIFORMA ilON ONl Y AND CONfERS NO RIGHTS UPON niE OERTIFICATE HOLDE/It. THIS CERTIFICATE ODES NOT AMENO, EXTIiNO, OR ALiER THE COVERA.GE AFFOROED BY THE POliCIES BELOW INSUReRS AFFORDING COVERAGE \ i'~/2D!';7 Pelican Insurance Agency 6950 Cypress Rd Ste 208'7 'p'1_~.n.!~~ion, FI ~~317 'Uo.I1C1CI"'l IUSUl<ER A: American Empire 1"$U~~E'c'illt;' Und~~~III:lneQ _ Cafe Barista ire I Hurricane Alley's Eye of the I Storm \529 EQst Ocean Ave , Boynton Beach, FL 33435 I r- INSU!l;~'" '.: IIlSURtl< 0, J ,___._ ....1.._____ ! INgURE.~ E. 1 I .----J COVERAGES THIS IS TO CERTlI'Y THAT THE POLICIES Of INSURANCE liSTED SEl..OW HAVE BEEN ISSUED TO iH5IN$URED NAMED AeoVE FOR TIoIE POL:CY PERIOD iNDiCATE-v, SQTWIT",SiANClINIJ "',t\.'Y REQUIREMENT, TERM OP. CONDITION or: ANY CO~JTRACT OR OTHER OOCUM5NT 1fJITH '{E$F'e!CT TO WHICH THIS CE'>.T!!OICA TF. M.~ y ~E lSSUEO OR W>AY PERTAiN, TI'Il! iNSURANCE Af'I=ORDED ElYTl'I! !>OllCIES OesCRBED HEREIN IS $lJeJECl TO ALL 1"IE 'T1i~MS EXCLUSIONS ~,ND CONNTION5 Of SUC~I r>OllCIES. Lil,mi~ SHOWN MAY HAVE BEEN REDUCED 8'1' PAID CLAIiIIS l"OllCY EFFECTIVE I>OLIGY r;XI'lfl/l.TION I, . ~T!;: i"l~"'Or;r1'Y1 : !lATE (IAUIIlOiY'Y) INS": "fR I fr PI: 0' IN,,L'RANCE A-iGi~Il~ILf1Y-----~ t--_, : i CCMME~C1AI. C;F.NERAL e11\BUt'( i ~I--I '--1, ( . ! c:..~,IMS N"t~E I _._! OCC.UR\ pouC::Y t<1J'>l8eR. LiMns ~~CI1 occu';;;';i~---r:;-u iriI\EMW<GF.(A"Y~~. : M'iO E.Y,f\ t;..,~y 0Ii<e p-or5<Cn) ~~ I PERSONAL t AOV INJURv ~ !~eNERALAGGRE~ATS $ I' - , PRODUCTS. COMP/OP AG;G I g r--- iCG2S681 , 4/9'2007 4/9/2008 ~ ,OOO,OOO~9Q.J JQQ,OOOOD / 5,000.00 1,Oqg.,CJOOOO 2000.000.OQ. 1,000,000,QO. L-I__. : <3EN'L '!''',>:iIJ:lF.GA,~ lilAt,. AP~utS PEl'; i !. :-"P~o. 1 ' I I 'P(ll,iC~ i.IEer: :LOC I ~,~.::or.'10T";E 1.1A,",'UTY I I _ i^f'-Y ~u,.o I ! I /l.Ll. (jV/~[~ r\tllOS r-- SCHtOUu2D i\V""';Of: i-j ! i HIRED kUT02, . CO.WJlNEO SINGlr: LlI..1r- I !fa ~Ctl~.r.\J N(",~.l..l""NN~n t.II~(19 i .-----~---- i : 130D!L Y ,NJUI'lV ! I(P", pllt'SO!1) ., I i----, --.--------1 I BDO:i.. 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SZ1 E, OecrmtAvel\oo.Sr,yntCln SmICtl, Fl 33435, Hold hannlilM,&Wall/@r,of-subr-ogatiQl1 appllesto~~" CERTIFICATE HOLDER City of Boynton Beach 100 E_ Boyntcr Beach Blvd, Boynton Beach, FL 33425-0310 I X ~OOI'fIC)IlAL lI'leUm.o IN~LJrtER LETTeR A - CANCELl.A TION (See Below) _ r: !ll10Ul..O ANY or- THF. "'SOVE tli3l;~D l"Q\.It:IES llf Q"NQ1;:....e.C "~'~E Tl-!!! ;';0 E~M~~t~.f~ J=O,!;jWti ~:I\!AAc~~P=D~"t~=~'f{'.MOL~~L -.roT r-~IU! TC MAli.1IUCH NOTIC!! $1\,,1.1. IMPOsa NO O.I.IOA'nON QIl UA91UlY r~ OF At<< KItolO UPON 1'Hr; COMP.ANV.ITS AOEllTS OR RE~"RE!l~iATIVJ:S. ~UTHORIl!:E[J ftepI'\EISENT.t\l1'J~ ~/ y- .1';1' r~$--." ~t:-$ ~ ........--~ __:;r.;:.......... ACORD 2505 (7197) 0ACORO CORPORATION 1983 ~"'_"'K""'i_""l;...,..,;,;;,.~_"."",",",";""~'-' ;v'j\l' j Iii ~ \' \:) T\ ...t', ~~ (\ \P. z -........, D ~ -\ ,1:> OJ ~ V (1"'\ ,-, ~ \ L 2. ~ U ~ ' I J> ~ -\ <: - 0\ Z lJ". \ '. ~-::r: \n ~ ~ 1"--1 ~ \./" ~} :)). ~ );. 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X)(IT,}!O::l .lS'::ln(H<I L^l3JI VCl\;]DV\SV'\<IO::lt'-.:LFLl1 18<; dJUUU~d / AdWOPY AllJ dUIBN lUdUIl-IBddQ ("tJNJ ldilBUBW All:.) OllUBlSlSSY dlmBUillS Sl:lilBUBW AlI~ ~rVl.~. .J..... .. ,/" .. ../~;' IV" ( WHOd .1S3flO:rn 1\13.11 VON39V HJV3R NO.1NAOR dO A.1IJ I :llmBUillS S,PBdH lUdJd:lQ / -rV~ Jb "0 A;" ISOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425.{)337 · PAlM BEACH COUNTY PHONE (561) 752-0303 . FAX (561) 752-0302 ~ Aug 29, 2007 Boynton Beach Police Department Attn: Chief of Police, Matt Immler Subject: Letter of Request Dear Chief lmmler, The Peacemakers after school program is seeking $5,000 from the Boynton Beach Police Department to help reach budget requirements for the school year 2007 - 08. This is the fourth consecutive year that Peacemakers has been in operation, providing a valuable service to many of the families in the Heart of Boynton and surrounding area. The program offers a safe environment (on school grounds) for children to enhance their education, socialize with other students, and keeps them off the street until their parent(s) get home. Peacemakers is a before and after school program for grades 3 - 5, held at two local elementary schools: Galaxy and Poinciana. There are twenty children at each school for a combined total of forty. The children are selected by the principal as having been identified with behavioral issues and/or requiring academic assistance. This latter function is facilitated by a staff of six certified teachers (three at each school), who provide an hour of structured tutoring daily, which is geared toward improving grades and FCA T scores. Monday and Wednesdays the program is held at Ga~ Tuesday and Thursday at Poinciana. The children are combined on Fridays and alternate schools each week. The before portion of the program involves eating breakfast with the students and giving them a positive outlook to begin their day. Also included in this first hour is an anti-drug message given by the program manager (see attached for qualification) who is currently enrolled at Palm Beach Atlantic University in Counseling Psychology. The significance of the anti-drug message cannot be overstated, for 90% of the children in the program witness the selling, purchase, and usage of drugs on a daily basis. Support from your organization will help us achieve the goal of bettering the lives of these at-risk children in the Heart of Boynton and your support would be greatly appreciated. ~e~ Gerone Powell Executive Director /' ;JJ7f/L Darryl T. White Program Manager Peacemakers Operating Schedule 07:30 - 08:30 BreakfastlMentoringlDrug Prevention 2:00 - 2:45 Recreation/Counseling 2:45 - 3:00 Snack 3:00 - 4:00 Tutoring 4:00 - 5:30 Transport students home Note* Once a month on Friday's, an actual law enforcement officer will be invited to come out and make a presentation to the students to provide real world dangers involving drugs. - Personnell Salaries 35 week budget Snacks $3,990.00 $300.00 Transpor tation (operating & maintenance) $500.00 Marketing Materials (buttons, wristbands, stickers, etc $210.00 Total $5,000.00 !I , """-- ! ....., i VI.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) 0 October] 6, 2007 October 1,2007 (Noon 0 September 4,2007 August 20, 2007 (Noon) D November 13,2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20,2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17,2007 (Noon) IZI December 3, 2007 November 19,2007 (Noon) D Announcements/Presentati ons D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing D RECOMMENDATION: Approval of State of Florida Department of Emergency Management FEMA grant No. 1609-14R contract for the hardening of the Fire Station 5/EOC from a Category 3 standard to a Category 5 standard. EXPLANATION: City Staffhas applied for, and received, a Hazardous Mitigation Grant Program utilizing Hurricane Wilma FEMA funding. These funds will be utilized to harden and reinforce the City's new Fire Station Number 5 to a degree far greater than required by the Florida Building Code. Our intent is to harden this essential facility to withstand a Category 5 Hurricane. FEMA will pay 75% of the cost (City pays the remaining 25% through in-kind funding) to harden our new fIre station/administration offices/EOC and computer server room as outlined herein. This highly hardened building will provide a safe environment for employees during hurricane events. Most importantly, the likelihood of building survival is greatly enhanced thereby providing better assurance that services of our local government can proceed during times of community need immediately following a major hurricane. PROGRAM IMP ACT: The hardening of this building will provide a structure that will ensure a continuity of city operations during and after a major disaster such as a category 5 hurricane. Furthermore, should City Hall be damaged and found structurally unusable, this new 41,000 sq. ft. hardened building will serve as a temporary City Hall. All of the City's computer servers will also be protected by this building therefore the possibility of data loss is minimized. Due to the size of the 5 bay fIre station, additional city public works apparatus and police vehicles will also be protected during a storm. This will be the only fully hardened building in the city limits of Boynton Beach. FISCAL IMP ACT: The amount of the grant award will be based on the fInal cost of construction. This grant award will provide up to a maximum of $1,721,252.00 reimbursement for construction expenses based upon construction estimates submitted with the grant application last year. Because our construction bids were quite favorable compared to our estimate of cost submitted with the grant application, we know that the corresponding level of grant funding will be reduced as well. As of this writing, staff estimates that the fInal grant amount will be approximately $1.3M and will be based upon fInal construction cost of the hardened building elements. Funding for the actual building is coming from the City's Special Fire Assessment revenue as well as a previous bond issue. Therefore, funds are budgeted, and available, in the City's capital plan. AL TERNA TIVES: Should the City refuse this grant, then the building would either be constructed according to its hardened design at full City cost or the construction bids must be rejected and the design changed to account for reduced hardening according to the current Building Code. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 7" /.1 ~~~ ~ Departme ead's Signature ) Ii .' -H'A Jr/~ CIty Manager's Signature -""I' , ------ Assistant to City Manager ~' -~_..._~---------~-_..... ~._.- n~6" l?Eg:vf:- Department Name .~ c:::-- .. City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM DATE: Jim Ness, Deputy Chief of Administration Jamila V. Alexander, Assistant City Attorney ~ November 27,2007 TO: FROM: RE: State of Florida, Division of Emergency Management Sub grant Agreement re: FEMA funds Pursuant to your request, our office has reviewed the proposed Federally Funded Subgrant Agreement between the State of Florida, Division of Emergency Management and the City for legal sufficiency. Generally, the Agreement is satisfactory as to legal form. However, paragraph 17, Funding Consideration, provides for the allowance of the advance payment is requested by the City. This paragraph requires either the waiver of an advance payment request or an amount requested as advance payment. If an advance payment is requested by your department, Attachment E, Justification of Advance Payment, must be completed to determine the amount of advance payment needed. Therefore, it would be a policy decision as whether advance payment will be sought and attachment E must be used to determine the amount. Additionally, the Agreement is very comprehensive in its reporting and recordkeeping requirements. As no other back-up information has been provided to this office in connection with this matter, please be advised that we have only reviewed the legal form of the Agreement. Please assure that the requirements listed in the Agreement are satisfactory and within the capabilities of the City to comply. Should you have any questions regarding the agreement or the comments above, please do not hesitate to contact me. JVAJ S:\CA \MEMORANDUM\JV A to Ness (Grant Agmnt-FEMA).doc STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT CHARLIE CRIST Governor W. CRAIG FuGATE Director November 19, 2007 Mr. James Ness Deputy Fire Chid City of Boy mOll Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Re: FEMA Project 1609-14-R Palm Beach County. City of Boynton Beach, Emergenc:i Operations Ccntt'r. 'Wind Retrofit Project Dear Mr. Ness: The Division (If Emergency Management (DEM) is pleased to infoml YOLl thtH [he Federal Emergency Management Agency has :tpproved the obligatJO;1 of Hazard J\1itigal inn Grant Program funds for the proje'.:l number(s) listed above. Please nllte that this is ::JI- eligiJ)l<: cost-reimhurscll1er;t contract, and as such, the recipient must make other funding arrangeij\l;:IJ"lS lc: complde titis project. However. the recipient may submit periodic requfst!" for payment throughout the project process, cons:stel1t with the terms of the contcacl. Sndosed arc foU!" caples ,)ftl1e proposed contract between City of Boymon Eleacll Emergency Operations Center and OEM. The 0fticial representative, as listed belo\v, wiil ne.:;c to sign both the signature page (Page! 7) and the Celiification RegaJding D~bamlenL Suspension. lneligibility and Yoltmtary Exclusion form (Page 36). AJI ;onI (4) copies of the contract should then be sent to the Tallahassee address listed below for full execution no latcl than ninety (90) days after receipt of this letter for final execution. One fully executed c;cr.:r,1cl will be retumed to City of Boynton Beach Emergency Operations Center tor its lile,>. Official Represe/ltutives: County: City: indian TJibe: V.lat~r Management District: Non-Profit: ChaimJan orihe Board of Commissioners Mayor Chief or President Chainnan Chainnan of the Board "FL C KToA-R-g-C"OVERVOFFfCE-;--oTv I S ION HE A D QUA R T E R S 213 '.,.vlir;~ Drive 2555 Shum:H.j Oak Boulevard la'(f, t.l..ry Fl. 32716-6701 Tallahassee. Fl. 32399-2100 Tel 850.41.",-9969. Fax 850.488-1016 lriwwFlorlltaDlsaster or.9. STATE-LOGiSTICS RESPONSE CENTER' .:702 Direclor3 Rr,w Orlando. Fl 32bOCl.:15.: 1 Mr. James Ness November 19,2007 Page 2 If there is an official that is not listed above who is authorized to sign the contracts for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. Additional assistance is available regarding your approved HMGP project on the Florida Division of Emergency Management Website: httlJ :llwww.floridadisaster.ondbrmlhm21J.htm Please reference the heading: Grant Management Tools Listed Below which contains sample documents that will provide guidance for completing requests for reimbursement, requests for advance payment, reporting requirements and supporting documents containing i~portant points, and subgrantee close-out checklists. If you have questions regarding this contract or who is authorized to sign it, please call Shemeeka Hopkins at (850) 922-4079. Respectfully, ~-~ '1-- W. Craig Fugate, Director Division of Emergency Management WCF:sh/s Enclosures Contract Number: 08HM-6G-1 0-60-02-026 CFDA Number: 97.039 FEDERAll Y FUNDED SUBGRANT AGREEMENT Boynton Beach, (hereinafter referred to as the "Recipient"). Management, with headquarters in Tallahassee, Florida (hereinafter referred to as "OEM"), and City of THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: funds to provide the services identified herein; and A. WHEREAS, the Recipient represents that it is fully qualified and eligible to re6eive these grant B. WHEREAS, OEM has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, OEM has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, OEM and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES 80th the Recipient and OEM shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment 8. (3) PERIOD OF AGREEMENT. This Agreement shall begin November 6,2007 and shall end November 6, 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement """""""""~"'''''';;;;''''''~~'I'<'i;iliillO~~_;'''_'~';'';-;'_;;';'I<'''''''''' (5) RECOROKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OM8 Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OM8 Circular No. A-87, "Cost Principles for State and Local Governments," OM8 Circular No. A-21, "Cost Principles for Educational Institutions," or OM8 Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement . \ is made with a commercial (for-profit) organization on a cost-reimbursement basis, the R~cipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow OEM or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to OEM or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by OEM, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all gubcontfactors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times 2 to OEM, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by OEM. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspectio\;" review, or audit by state personnel and other personnel duly authorized by OEM. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m local time, Monday through Friday. (c) The Recipient shall also provide OEM and the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OM8 Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through OEM by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from OEM. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OM8 Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133. as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in.its fiscal'year, an audit conducted in accordance with the provisions of OMS Circular A-133, as revised, is not required. In the 3 event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OM8 Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, <;IS revised, by or on behalf of the Recipient directlv to each of the following: \ The Oepartment of Community Affairs at each of the following addresses: \ , Oepartment of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fl.us] and Oivision of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OM8 Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMS Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OM8 Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OM8 Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.stateJl.us] 4 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department or OEM pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes! and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipient, when submitting financial reporting packages to OEM for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to OEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after OEM has notified the Recipient of such non- compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide OEM with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by OEM. 5 (b) Quarterly reports are due to be received by OEM no later than 15 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission. of the administrative close-out report. The ending dates for each quarter of the program year are March 30, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all requir~d reports and copies, prescribed above, are not sent to qEM or are not \ completed in a manner acceptable to DEM, DEM may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEOIES. "Acceptable to OEM to means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by OEM. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OM8 Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by OEM staff, limited scope audits as defined by OM8 Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by OEM. In the event that OEM determines that a limited scope audit of the Recipient is app~opriate, the Recipient agrees to comply with any additional instructions provided by OEM to the >Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or 6 audits deemed necessary by the Comptroller or Auditor General. In addition, OEM will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hol_d OEM harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of OEM, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against OEM, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of OEM to make any further payment of funds hereunder shall, if OEM so elects, terminate and OEM may, at its option, exercise any of its remedies set forth in Paragraph (11), but OEM may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with OEM shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with OEM and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 7 (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement. and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by OEM. (c) If any reports required by this Agreement have not been submitted to OEM or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreeme~t. (11 ) REMEDIES. \ Upon the happening of an Event of Oefault, then OEM may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse OEM for the amount of costs incurred for any items determined to be ineligible; 8 (e) Require that the Recipient return to OEM any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude OEM from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by OEM of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of OEM hereunder, or affect the subsequent exercise of the same right or remedy by OEM for any further or subsequent default by the Recipient. (12) TERMINATION. (a) OEM may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations: failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) OEM may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to OEM by virtue of any breach of Agreement by the Recipient. OEM may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due OEM from the Recipient is aetermined. (13) NOTICE AND CONTACT. 9 (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of OEM contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Oivision of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 \ \ (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James Ness, Deputy Fire Chief City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6333 Fax: (561) 742-6334 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)( a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the fully executed subcontract must be forwarded to OEM within ten (10) days of execution. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold OEM and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (15) TERMS AND CONOITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. 10 (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Statement of Assurances Attachment 0 - Request for Reimbursement Attachment E - Justification of Advance Attachment F - Quarterly Report Form Attachment G - Copyright, Patent, and Trademark Attachment H - Warranties and Representations Attachment I - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ( 17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,721,252.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of OEM under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMS Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E Attachment E will specify the amount of advance payment needed and pre vide an explanation of the necessity for and proposed use of these funds. 11 1 . No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, obligations on the part of DEM to make any further payment of funds hereunder shall terminate, and the the state Legislature, the Office ,of the Comptroller or the Office of Management and Budgeting, all \ Recipient shall submit its closeout report within thirty (30) days of receipt of notice from OEM. (18) REPAYMENTS All refunds or repayments to be made to OEM under this Agreement are to be made payable to the order of "Oivision of Emergency Management", and mailed directly to the Oepartment of Community Affairs at the following address: Oepartment of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to OEM for collection, OEM must add to the amount of the check or draft a service fee of Fifteen Oollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENOOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., OEM shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in OEM paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONOITIONS 12 (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement. In any subsequent submission or response to OEM request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of OEM and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of OEM from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to OEM under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor. or consultant under a contract with a public entity, and may not transact business with any public entity In excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 13 (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) With respect to any Recipient which is not a local government or state agency, and , \ which receives funds under this Agreement from the federal government, by signing this >>.greement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to OEM (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by OEM prior to the Recipient entering into a.contraCt'with any prospective subcontractor. 14 (i) The state of Florida's performance and obligation to pay uhder this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. U) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Division of Emergency Management reserves the right to unilatetelly cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to OEM or be applied against OEM's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INN)]. OEM shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by OEM. (21) LOBBYING PROHIBITION (a) No funds or other resources received from OEM in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an offic'er or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of 15 Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in , ~ connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "OisclosureForm to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRAOEMARK The Recipient shall comply with Copyright, Patent and Trademark incorporated as Attachment G. (23) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this AgreerT.le~t. 16 (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment C. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: CITY OF BOYNTON BEACH BY: Name and title: Date: FID# STATE OF FLORIDA OIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craig Fugate, Director Date: 17 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $1,721,252.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. \ STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: \ , Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 18 Attachment A Budget and Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, City of Boynton Beach, will wind retrofit the new Boynton Beach Fire Station #5/ Emergency Operations Center Building located at the Southeast Corner of High Ridge Road and Gateway Boulevard, Boynton Beach, Florida 33426. The entire shell and roof will be hardened beyond code against 192 mph winds, and hurricane shutters will be purchased and installed on all windows. If deemed necessary, wind protection will be provided on any other openings such as skylights, vents, louvers, and exhaust fans. All construction and installations will be done in strict compliance with the Florida Building Code or Miami-Oade Specifications. All materials will be certified to meet the wind and impact standards of 192 mph wind loads. The local municipal or county building department will inspect and certify construction and installation according to the manufacturer specifications.' \ This is FEMA project 1609-14-R, funded under 1609-DR-FL. The Period of Performance for this project ends on November 6,2010. Schedule of Work Planning (Fire Station/EOC/Police Facility): Oesign: Review: Permitting: Bidding Construction State Final Inspection: State Contracting Process: State Closeout: Total Period of Performance: line Item Budaet* Project Cost $185,094.00 $916,421.00 $ 82,264.00 $347,977.00 $ 92,547.00 $471,784.00 $ 61,698.00 $ 92,547.00 $2,250,332.00 $ 0.00 $2,250,332.00 Site Work: Concrete: Masonry: Metals: Thermal and Moisture Protection: Doors and Windows: Heating and Cooling System: Electrical: Sub-Total: Administrative Cost: Total 1 Month 8 Months 2 Months 25 days 2 Months 20 days o Months 20 days 13 Months 10 days 2 Months 3 Months 15 days 2 Months 36 Months Federal Share $ 138,821.00 $ 687,316.00 $ 61,698.00 $ 260,983.00 $ 69,410.00 $ 353,838.00 $ 46,273.00 $ 69,410.00 $1,687,749.00 $ 33,503.00 $1,721,252.00 local Share $ 46,273.00 $229,105.00 $ 20,566.00 $ 86,994.00 $ 23,137.00 $117,946.00 $ 15,425.00 $ 23,137.00 $562,583.00 $ 0.00 $562,583.00 * Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. FundinQ Summary Federal Share: Local Share: Total Project Cost: $1,687,749.00 (75%) $ 562,583.00 (25%) $2,250,332.00 (100%) Recipient Administrative Allowance up to $33,50300. 19 The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to properly losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural man made disaster. The funding provided by the Division of Emergency Management under this subgrant shall compensate for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by the Deparlment does not confer or imply any warranty of use or suitability for the work performed pursuant to this agreement. The State of Florida disclaims al/ warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a parlicular purpose, merchantability, or merchantable quality. This project has not been ev~/uated by the criteria contained in the standards of th~ Deparlment of Homeland Security, Federal Emergency Management Agency (FEMA) guidance mahual FEMA 361- Design and Construction for Community Shelter, and thus does not provide "near absolute protection." It is understood and agreed by the Deparlment and the Recipient that the building may have vulnerabilities due to age, design and location which may result in damage to the building from wind events even after the instal/ation of the mitigation measures funded under this Subgrant Agreement. It is furlher understood and agreed by the Deparlment and the Recipient that the level of wind protection provided by the mitigation action, although meeting State standards and codes and enhancing the structural integrity of the building, does not ensure the safety of survival of building occupants. 20 (:11..:, :.'JC - C:DERAL EMERGENCY MANAGEMENT AGENC Y HAZARD MIT/GA liON GRANTS PROGRAM Obligation Report w, Signatures ~rv'I\_~I~- Jc -c :>SJster :OE~.14, \Jo c~,.;q:2ct N2 ~'''t-}Idnlent "-Ie: S:,lle ~rpl'':3:IC:: 10 ';..::tiu,r; No S~.J~plenle,r"]:,ll "4,.:' ~:..3tc _ .1.1IE'5 i'.),~'9 '4. i=\ :'] ...C' F ~ SLlrt"Wioe 3,!')g,antee B"yntO,l Beacn S(Jb~,'a'ltee F!PS C0,je \~:}S-~-5-5 p,G,:?c: ,;tie cln ,.)F Bey,,",,)'Ii 3=H ;)4,_f\,' 3Cr-! ~XJNT'y s.::',~, - J" B::'-< i='iRE ST,,,< TI)I\ #5 EX: . WiNJ ----~ --~-_.._-_._._- T:1U, Amount Prevloc;sly Allocated Total Al'lOunt PrevIously Obl19atec1 Total/I,mOunt Penjl'19 '.)bi'9allor ',l,a Amoun' Ava,ia::>le to; Nev, 'Jbllg"tlon S 1 .6S:- :-49 $' 68~ :-49 $:: $:: PrOject Amount Grantee Admin Est Subgranlee .Aumln Est Total Obligation IFMIS Date IFMIS Status FY S 1 68:-, :-49 $8,606 $33503 $1 :-29 858 1j'C2,20C;- Accept 20'J8 Comments Date 11.02.'200 ;- User Id CHY ACINT Comment MA approves obligation and submits to HMO for approval Date' 11/02/2007 User Id MARTHUR1 Comment HMO approves obligation and submit to ES for approval Authorization Preparer Name CLAUDE HYACINTHE Preparation Date 11/02/2007 HMO Authorization Name MARCELLE ARTHUR HMO Authorization Date 11/02/2007 S~n.fL'2.: 3IeEe.r:;~r:;_a~ c s' o'~ J,,~,'= 1'~ I)_I'""' ~JC II, :5 i)CiC :J..J,::; .~ ~ }" .' ":ess 050'';, " : JG,2JC- ~ ~ 2J J.saste{ FEMl\ ~,J Pr'.)Jec~ NJ ,EDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANTS PROGRAM Obligation Report wi Signatures Anle'ld~"'r.ent State No l\ppllcatI0r: I;) Supple'nenta! N0 State '6:;9 14. R o S Jbgr a,tee B0)inton Beach S.Jbgra,tee FIPS Code J%-'J:-87'5 Admin Calculation Admin ':cst Calcu,:>tlon Sliding Scale Justif;.;;atlon I I .:,,': / / . 1./ d ;(./ //v, /' v/V't~_/ I ~' .... " I' . Authorizing Official Signature Authorizing Official Signature S'~-~~2~Y~D~'2tP.lli",- UP!.) 'p t~ $1:JC OoJO :: lJ.:;';", s ~ JCI~ )J;~ <. yy~ 1~ t:: S5 ooc J'J'~ 00 ; oc'~.;~ :xcess C50'~/, .l\ctlcn No :~J 48 FL Statewide HMGF-OB_C: G::mtee P'c)ect Title CITY OF BOYNTON BCH. P,l\LM 5CH C')UN;'y BOYNTON BCH FIRE ST.l\ TION #5'EOC - WINJ Cal,:u:"t,on Percentage N"l\ D;fi!.€C~ Authorizing Official Title Authorizing Official Title \ , \ 1/ /<6/D7 , , Authorization Date Authorization Date , 'JG :?oJO I FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM , 1~/1(......:~P_/"F_\_~ ~ ',~ PM ,'):saste' N,Jnlber cHv1A Pr,l)E'cI N um be r Project Management Report l;me1dment Number ';iJP 10 State IJrantee 1609 14 -R o 210 FL Statewide S.Jcgranlee B,Jvnton Be.lch FIPS"::oje ,,;99-C78:-5 Proect ;-,tie CITY I)F BOYNTON BCH PALM B,"::H COUNTY B'::Y,""I<:)N 8(::'--1 FiRE :'i Mitiqation Proiect DescriPtion Amendment Status: .';pproved Approval Status: .';pproved PrOject Title CITY OF BOYNTON BCH. PALM BCH COUNTY BOYNTON BCH FIRE ST Grantee: Statewide Subgrantee: Boynton Beach \ Subgrantee County Name Palm Beach Grantee County Name Palm Beach Grantee County COde 99 Subgrantee County Code. 99 Grantee Place Name Boynton Beach Grantee Place Code 0 Subgrantee Place Name Boynton Beach Project Closeout Date 00/0010000 Subgrantee Place Code' 7875 Work Schedule Status Amend # Description Time Frame Due Date Rev/sed Date Completion Date 00/00/0000 00/0010000 00/00/0000 00/00/0000 00/0010000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 "------ --- 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/00/0000 00/0010000 o State Contracting Process o State Final Inspection ~ State Closeout o Planning (Fire Statlon/EOC/Police Facility) o Design 120 Days 60 Days 60 Days 30 Days 240 Days 85 Days 80 Days 20 Days 400 Days o ReView o Permitting o Bidding o Construction Approved Amounts Total Approved Net Eligible $2250.332 Federal Total Approved Share Percent Federal Share Amount 75000000000 $1.687.749 Non-Federal Total Approved Share Percent Non-Fed Share Amount /locations Ilocatlon IFMIS IFM/S 'JJmber Status Date 25 00000000 $562 583 Submission Date ~2 A 11:02'200711/022007 lli4dtiuns 'on IFMIS /r Status IFMIS Oate Submission Date E S Supp Jrt E S Amend S uopl PrJject Obligated FY Req 10 Number Nr Ami - Fed Share '3rantee .';dmln Amo.unt S ubgrantee ';dml" Am.Junt TJta: Obl:galee ';mOc:1f A ~1C22}:;7 ~1J2200: 2.JJ8 140C376 48 48 ~'G8--49 $3 606 S 3:' 5C 3 SI ~.??353 Total ~: I).:? ...~<4 9 S8 '306 s: 3 ~ 5'03 s; --;: cog . L Ol~ :: ,-' ~ 7" FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM HM'::;P-E\'_21 ~ 2C I-'M Environmental Report "a,~ter 'lJ~lber "EMA p'.oJe.:~ Number A:"e.,dnt'nt Nur'lber .D,p~ I D Slate ,:;r "lntee 1609 14 -R o 210 FL Statewide S,'t:>~ra:lree B.::vntor Beach FIPS C~de ,:99-(:-5-5 FEMA Laws/EOs PrJ)t'ct ~ltJe CiTY OF B'2YNTON BCH PA.LM BCH C'JLiNTY BCrNTC:N BCH FIRE Sl Laws EOs Status C:;asra! Samers Resources ,Act I''::SRA' Completed Clean Water Act ,CWA: Completed , \ \ Coastal Zone Management Act iCZMA) Completed Endangered Species Act t'ESA) Completed Comment: No effect to any T & E species or habitat per project descriptlon.-MHAIGHT1,10:18/2007 15:53 GMT Fish and Wildlife Coordination Act (FWCA) Completed National Historic Preservatton Act (NHPA) Completed Comment: The project as described (Cost-plus) will have no effect on any historic resources New construction 'MHAIGHT1-10/18/2007 15:53 GMT Clean Air Act (CM) Completed EO. 11988: FlOOdplains Completed Comment: The action as described (Cost-plus) has no potentral to adversely impact the floodplain. Zone B/C -MHAIGHT1-10/18/2007 15:54 GMT E 0 1,990 Wetlands Completed o 12898 Environmental Justice for Lav. Income aM Minority P,')puiatJons Completed (':6 : JI~- FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGA TION GRANT PROGRAM {r\'1\~p -E\ 5 :C PM Environmental Report '::' s:. J ~=.!er N'-I:~~~:-er FEMA lI''1'2:1jmc'l1 Nur~'lber lip;: 10 Stelle :-3 rantee Pr.J:ect "J,"Jilc'2r 1609 14 -R o 210 FL Statewide ScJ::ogc3ntce Boyn!or Bea::h ,ciPS Code J~9-':::-3-5 FEMA NEPA Process P,OjeC: Tt:e C'7Y OF S':'YNT:m 8CH DlILM BCH COUNTY S.':;,N7c.''-; SCe; FIRE S: FEMA Status :31e\ - Completed . ,:r ,'\ /I',!. '", /Ii:, 1.'-' '_ "I."l.\,.,Ji,l '; ,'\ is.': ~;I.'I; ,I u',I,' ~'I,li ." ',ji;/ I '\ I'" /, i.}, ,In..' 'II, ,,; l .; J1 - ., CA TEX Type Cc,de .n r'l/.",;f, '\,....!,If, 17: .\'11,," ,":'l :\..',' .. 15. Repair replace restore. retrofit upgrade to '::lIrrent c:o,jes and standards, or replace a facility, xvI . 20 Programmatic or Other Categorical Exclusion .~ Nc Extraordinary Circumstances ReqUIring an EA Documentation Complete! 0 18,'2007 Standard Conditions - . --- 1 Any change to the approved scope of work will require re-evaluatlon for compliance with NEPA and other Laws and Executive, Orders 2. ThiS review does not address all federal, state and local requirements Acceptance of federal funding requires recipient to comply with all federaL state and local laws. Failure to obtain all appropnate federal. state and local environmental permits and clearances may Jeopardize federal funding 3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are diScovered will immediately cease construction In that area and notify the State and FEMA Comment: This wind retro-fit project. described as hardening the entire shell and roof and Installing humcane shutters On an EOC that has yet to be built, is 3tegorically excluded from preparation of an EnVIronmental Assessment per 44CFR Part 1 08(d)(2)(xvi) and (xx) contingent on compliance with ,Ioted conditIons FEMA funding will only be used to retrofit the structure and no pan of the funds will be used to acquire the land or build the EOC. Project Conditions .. - Sub-grantee must obtain and comply with all necessary state and local permits, codes, and standards, and conditions set forth in each Including employment of standard best management practices (BMP); " . Actions must not affect histonc propertIes. and potential effects to histonc propenleS lif any) have been addressed In Consultation with the State Historic Preservation Officer (SHPO) and conducted In accordance with Section 106 of the National Historic Preservation Act. If dUring project Implementation it appears that previously-unidentified hJstorically or archaeologically significant materials (or evidence thereof) are discovered, the sub-grantee shall stop work Immediately, notify FEMA and take all reasonable measures to avoid or minimize harm to the property The sub-grantee would not proceed with work until FEMA In consultation with the SHPO, determines that appropriate measures have been taken to ensure that the project is In compliance wIth the National Historic Preservation Act " Actions must not have extraordinary circumstances as described In 44 CFR Panl08ld)(3); , ,l>,ctions must comply with the reqUirements of Executive Orders (EO) 11988 rFloodplains), EO 11990 (Wetlands), and EO 12898 ,Environmental Justice); " Actions affecting resources regulated by the Clean Water Act must qualify under the US Army Corps of Engineer's Nationwide Permit Program and FlOrida Depanment of Environmental Protection (DEP) General Permit, " The prOject Will have no effect on any federally listed threatened or endangered species or their habitat. and IS In compliance With the Endangered Species Act IESA) T'lIS has been reviewed as a cost-plus application With FEMA making no Investment In the actual Independent Constructlor: of a new facility Any :hanges to the approved mitigation measure or scope of work Will require resubmisslon though the State to FEMA, and Will reqUire re-evaluatlor: Jr compliance With the National Environmental Policy Act r NEPA.: and See 106 of the National HistOriC Preservation ,ll,ct ,NHPA' prior (::; IIf:atton of any work. Non-compliance With these reqUirements may Jeopardize FEMA's ability to fund thiS prOject :"HAI3HT1-10 1 8200;- 15 56 '-:;MT Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1 ) (2) The Robert T. Stafford Oisaster Relief and Emergency Assistance Act; 44 CFR Parts 7,9,10,13,14,17,18,25,206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents; State of Florida 'Administrative Plan for the Hazard Mitigation Grant Progr~m; \ , (3) (4) (5) Hazard Mitigation Long-term Recovery Guidance; and All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management Oistrict, the Florida Oepartment of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: 1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices;' . 2. No new structure will be erected on property other than: '. - - (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or 21 3. A structure that the Oirector of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal. regulations set forth in 44CFR 206.438(b). . The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1. For construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (44 CFR 13 (c)); 2. A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and 3. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project expiration date. 22 Attachment C Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipieht hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (OEM), including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as maY, be required; \ (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by OEM. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 at seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real propert" or struCture thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another 23 purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election for training and apprenticeship; \ (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et sea.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (I) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; U) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101- 19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.SC 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National RegisteF of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and 24 (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 1 06 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic, property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Man(3gement Agency (FEMA) may require Recipient to review th~ eligible scope of work in consultation with the State Historic Preservation Offic# (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to ' participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and OEM if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO.willadviseRecipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Councilor the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify OEM and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a sl:lppleme!ntal DSR or modify an HMGP project for a National Register eligible 'Or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient 25 acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the f?A or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowe~ such significant adverse affect to occur. . (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681- 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626: (w) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; . (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.sC. 469a, et seq; 26 un (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and "' of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, i'elated to protecting components or potential components of the national wild and scenic ri~ers system; (ee) (ff) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) (hh) It will comply with the Coastal Barrier Resources Act of 1977,16 U.S.C. 3510; It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972,16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it will: 1 . Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Oepartment of Environmental Protection and the County Health Oepartment. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify OEM promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks 27 are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide docum~ntation of public notices for demolition activities. 28 Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: City of 80vnton Beach AOORESS: CITY, STATE, ZIP CODE: , , PAYMENT No: OEM Agreement No: 0~HM-6G-1 0-60-02-026 FEMA T k' N b 1609 14 R rac Inq um ers: - - Eligible Obligated Obligated Previous Current OEM Use Only Amount Federal Non-Federal 100% 75% 25% Payments Request Approved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the OEM agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DIVISION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 29 Applicant: DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM City of Boynton Beach Disaster No. 1609 OEM Agreement No. 08HM-6G-10-60-02-026 FEMA Tracking # 1609-14-R Applicant's Date of delivery DOCUMENTATION Applicant's Reference No. of articles, List Documentation (Applicant's payroll, material out of Eligible Costs (Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of \ 100% Claim Check, or work or vendor or contractor) by category and line item in the \ Schedule No.) performance approved project application and give a brief description of services. the articles or services. I I I I II II I i TOTAL I Ii 30 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested.' Payment will be solely on a ' reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursemen~ basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet. (A) (B) (C) (D) DESCRIPTION FFY 2005 FFY 2006 FFY 2007 Total 1 INITIAL CONTRACT AllOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 bv line 1.) First three months expendItures need only be provided for the years In which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CAlUlATION: X $ Cell D3 HMGP Award (Do not include match) MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous HMGP contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 31 ESTIMATED EXPENSES BUDGET CATEGORY 2007-2008 Anticipated Expenditures for First Three Months of I Contract I ADMINISTRATIVE COSTS I PROGRAM EXPENSES I TOTAL EXPENSES I Explanation of Circumstances: 32 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: City of 80vnton Beach Project Number # 1609-14-R PROJECT LOCATION: Retrofit OEM 10 #: 08HM-6G-10-60-02-026 OISASTER NUMBER: FEMA-1609-0R-FL QUARTER ENOING: , Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: \ July-Sep, 200_$ July-Sep, 200_$ Oct-Oec, 200_$ Oct-Oec, 200_$ Jan-Mar, 200_$_ Apr-June, 200_$~ Jan-Mar, 200_$ Apr-June, 200_$_ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [J Yes [J No Oescribe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [J Cost Unchanged [ J Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Oivision of Emergency Management (OEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact OEM as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 Attachment G Copyright, Patent and Trademark ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND All COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all righ,ts and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise_ \ If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division of Emergency Management (OEM) for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced; the Recipient shall notify OEM. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. OEM shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 34 Attachment H Warranties and Representations Financial Manaqement Contractor's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities covered by this contract. These records shall contain information pertaining to grant awards, authorizations, obligations, un-obligated balances, assets, outlays, income an,ej interest. \ (3) Written procedures for determining the reasonableness, allocability and allow~bility of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (4) Accounting records, including cost accounting records that are supported by source documentation. Competition All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Contractor shall be alert to conflicts of interest a~ well as noncompetitive practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub- contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Contractor, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do so. Codes of Conduct The Contractor shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a sub-contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Contractor shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Contractor. Licensinq and Permittinq All subcontractors or employees hired by the Contractor shall have all current licenses and permits required for all of the particular work for which they are hired by the Contractor. 35 Attachment I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contractor Covered Transactions: 1. The prospective contractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. \ 2. Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. Contractor Recipient's Name By: Signature DEM Contract Number Name and Title Street Address City, State, Zip Date 36 VIII.-PUBLIC HEARli'4iG ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 0 September 4, 2007 August 20,2007 (Noon) 0 0 September 18. 2007 September 3, 2007 (Noon) 0 0 October 2, 2007 September 17.2007 (Noon) ~ Requested City Commission Meeting Dates Date Final Form Must be Turned in to Citv Clerk's Office October 16, 2007 October I, 2007 (Noon November 7,2007 OClOber 15.2007 (Noon) November 20. 2007 November 5. 2007 (Noon) .3 December,Y, 2007 November 19. 2007 (NClO,!) NATURE OF AGENDA ITEM o Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements ~ Public Hearing 0 City Manager's Report N 0 .::;r'\ New Business 0 -ry Legal 0 Unfinished Business p.,) 0 U1 U1 RECOMMENDATION: Please place this tabled request on the December 3,2007 City Commission Agenda under Public Hearing. The City Commission tabled this item at its November 20th meeting and directed staff to research issues including city citations, blowing sand, the need for temporary buffering and landscaping along the east property line as well as the current disrepair of construction fencing. For additional information please see the description below and the accompanying staff report. EXPLANATION: PROJECT: Cortina at Boynton Village (SPTE 07-010) AGENT: Stephen Liller, K. Hovnanian Homes OWNER: South Florida Devco, Inc. LOCA TION: Northeast corner of Old Boynton Road and Congress A venue, just south of the SFWMD C-] 6 canal DESCRIPTION: Request for a second one (I) year site plan time extension of a site plan (NWSP 05-00]) originally approved on September 20,2005 for 458 townhome units in the Boynton Village Development. This second request would extend approval from September 20,2007 to September 20,2008. Staff research has confirmed that a citation has been issued requiring that all areas of the construction site void of ground cover be seeded and mulched; a hearing date has been set for December] 9,2007, Segments of the construction fence are void of the required screening materials and documented by staff. With respect to the perimeter landscaping and buffering, the site plan does include tree plantings along the public walkway; however, there are no conditions of site plan approval requiring temporary berming and landscaping of the west property boundary. If the City Commission chooses to approve the subject request, staff recommends the following additional conditions of approval: 1. Install buffer landscaping along the east property boundary, if possible, consistent with the approved site plan; 2. Seed/mulch the construction site as specified by city regulations and according to the schedule set by the Code Compliance Board, and 3. Repair the construction fencing and screening material to provide intended screening of views and in accordance with directives from Code Compliance staff and if necessary, the Code Compliance Board. PROGRAM IMP ACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A Not approve the subject request or modify the additional conditions as proposed by staff. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM O'V"OPak{1~ '1 J<~/i /). _.. ~ i~ City anager s S w:nature Assistant t~ City I\~anagel~_~ 7 i / / / / /; / C_~,,_ Planning and Zoni irector City Attorney / Finance S:.PlanningiSHAREDiWP\PROJECT \Boynlon Village-Boynton Town Center I Boynton Village Cortina '\WSP (1)-0111' Sl'lT ri~-(l1 0 AgL'nda Request Cortina Boynlon Village SPTE 07-0 I 0 11-20-07.doc S Hl'LLFTI'\FORMS\AGENDA ITEM REQUEST FOR\1.DOC TO: FROM: THROUGH: DATE: PROJECf NAME / NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-103 STAFF REPORT Chair and Members Planning and Development Board and Mayor and City Commission Kathleen Zeitler r-~ Planner A I // Michael W. RU~ Director of Planning and Zoning October 16, 2007 Cortina at Boynton Village / SPTE 07-010 Site plan time extension for 458 fee-simple townhouse units and related site improvements on a 30.29-acre parcel in the SMU Suburban Mixed-Use zoning district. Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Use: Acreage: Adjacent Uses: North: PROJECT DESCRIPTION South Florida Devco, Inc. K. Hovnanian Homes Mr. Steve Liller with K. Hovnanian Homes Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") Mixed Use Suburban (MX-S) Suburban Mixed Use (SMU) 458 townhouse units 30.29-acres Right-of-way for the SFWMD C-16 Canal, then farther north is developed property with townhomes from Phase I of the Renaissance Commons Master Plan with a Suburban Mixed Use (MX-S) land use classification, zoned Suburban Mixed Use (SMU); Staff Report - Cortina at Boynton Village (SPTE 07-010) Memorandum No PZ 07-103 Page 2 South: East: West: Right-of-way for Old Boynton Road, then farther south is developed commercial property (Oakwood Shopping Center), with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (r _ ~\. '- oJ Jr Right-of-way of the LWDD E-4 Canal, then farther east is developed single family residential (Sky Lake) with a Low Density Residential (LDR) land use classification, zoned Single Family Residential (R-1-AA); and Immediately west is the right-of-way for Renaissance Commons Boulevard within the Boynton Village development. To the Northwest is Renaissance Commons condominiums (under construction) within the Boynton Village development with a Suburban Mixed Use (f\1X-S) land use classincation, zoned Suburban Mixed Use (SMU). To the Southwest are commercial uses within the Town Center development with a Local Retail Commercial (LRC) land use classification, zoned Community Commercial (C-3), then farther west is right-of-way for Congress Avenue, still farther west is developed commercial property (Boynton Beach Mall). BACKGROUND Mr. Steve Liller with K. Hovnanian Homes is requesting an additional one (1) year site plan time extension for the Cortina project, a proposed 458 unit townhouse development on 30 acres of the 81.84-acre Boynton Village mixed-use project. The site plan for the Cortina project (NWSP 05-001) was approved on September 20, 2005 and was valid for one (1) year. At the time of site plan approval the regulations allowed a total of one (1) year to secure a building permit following site plan approval; however, the regulations have since been revised to allow an initia/18-month period to secure a building permit. A site plan time extension (SPTE 06-012) for this project was approved on February 13, 2007, which extended site plan approval for one (1) year, from September 20,2006 to September 20, 2007. If this request for an additional extension were approved, the expiration date would be extended to September 20, 2008. The subject property, generally located at the northeast corner of Old Boynton Road and Congress Avenue, is bounded by the LWDD C-16 Canal to the north, the LWDD E-4 Canal to the east, and Old Boynton Road to the south. According to the original site plan staff report, the proposed Cortina at Boynton Village project is a Suburban Mixed Use (SMU) Master Planned development approved for 458 fee-simple townhouse dwelling units. The project has been approved for the following: a land use amendment (LUAR 04-006) from Moderate Density Residential (MoDR) to Mixed Use- Suburban (MX-S) classification; a rezoning (LUAR 04-006) from Single-Family Residential (R-1-AA) to the Suburban Mixed Use (SMU) zoning district; a new site plan (NWSP 05-001); and a site plan time extension (SPTE 06-012). The approved SMU master plan depicts the proposed Cortina project to be developed in two (2) phases which will consist of a total of 458 fee-simple townhouse units. The project proposes a mix of buildings with a minimum of four (4) units to a maximum of six (6) units per building. The Cortina project was approved with various models that would range up to 2,898 square feet under air. All units would have three (3) bedrooms, and 127 units or (27.7%) are designated as "live/work" units located on the ground floor. Live/work units are generally limited to professional and business services with no more than two (2) on-site employees. The SMU zoning district limits the work space of the live/work unit to no more than 30% or 400 square feet, whichever is greater. The approved site plan indicates the townhouse buildings Staff Report - Cortina at Boynton Village (SPTE 07-010) Memorandum No PZ 07-103 Page 3 are approved with a Spanish-Mediterranean architectural style and building facades enhanced with balconies, trim, banding, columns, shutters, medallions, decorative garage doors, and Spanish S-tile roof. The proposed townhouse development would be constructed around an 8.3-acre lake. The fvlaster Site Data Plan indicates that the recreation areas would account for 2.1 acres of the subject site. Internal private spaces in the form of small parks are sprinkled throughout the development, while a large five (5)- acre public park is proposed on the southern portion, east of the spine road and adjacent to Old Boynton Road. The two (2) recreation areas would have an 875-square foot clubhouse building and pool. ANALYSIS According to the current Chapter 4, Section 5 of the Land Development Regulations, "the applicant shall have eighteen (18) months to secure a building permit from the Development Department", however at the time the site plan was approved, only one (1) year was allowed to secure a building permit. Examples of building permits include but are not limited to the following: Plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City Commission to approve one (1) year time extensions, 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 extension request August 22, 2007, approximately one (1) month prior to the expiration of the site plan. The developer has indicated that recent changes in the local real estate market have compelled K. Hovnanian Homes to review and reconsider the product they intend to construct. The renewed effort will concentrate on creating more variety in product affordability, as mixed live/work units will combine with both two (2) and three (3) story townhomes to welcome a broader range of potential buyers. The developer states that site plan amendments and required re-plat approval are estimated to delay the project up to six (6) months. In the meantime, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit, which has been requested from the City and still requires payment of the Parks and Recreation impact fee. A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. A letter from Palm Beach County Traffic Engineering was received indicating that the entire Master Plan meets the traffic performance standards, with a series of conditions which limit or time aspects of the development with certain roadway improvements. The site plan time extension would still be subject to the original conditions of site plan approval. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. As for application of the Art in Public Places Ordinance, site plan approval occurred prior to the adoption of Ordinance 05-060. RECOMMENDATION Staff has reviewed this request for site plan time extension, and recommends approval, contingent upon successfully satisfying all comments indicated in Exhibit "Cft - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 06-012\Cortina SPTE 06- 012 Staff Report.doc Exhibit "A-' - Cortina Location Map mOLD BOYNTON ...[,-m-r,I-[..mm,.,--.. [m..rT.- .-. (jj r~-'----'-------':---- ....J I ~ ~-,.--,-----,--' .-.~ 9 , I " i_l' /<, I' 1 I ~. ...... \ I _ I _..1--' I ',-_ I _. () '- ~ VELAIRE_~_,j , /~_ ISLE_.z_) tJ~ I " I I I 'I ..... I~ ,. l! !:!J m.., , \ ; I l' " " , I j .- , i... .Lm~.' . -----'_.__.L........i, ').. , _~.__.J_-,.l....,----- __/ / --..--._. [==j --';,\.Jl__I.-:m. G~Nb= 450 225 I o 450 900 1,350 'f- . I i-j r co -: ~.__....J II...... I, 1--- ~ - a3 -', ~ ~~,-j~- ~- 'm 0) ;----1 ~i , O::l.___I I ' ! >.---.-.' --, ~EL~ f- I , co I -' ,-- LL H -( .0) L-,-' ~, , 10)-1 c . ._..I__.m.._. ._ (f)----im. '.r I I I , ..__ ,.~~ =IL-c.~= , -~~-- ~I ! ! ; i I .: '_=-i_ .I~__ CORAL __m- I I I I\: 1,~00 w+. I, E Feet s . h "'---;';:-'U-J~--~-:':-:-'=~-""''''''''''''''~''''''''''''''''''''''''-''''':':~''~'' // ;.:',""'" ". . '.; \'i, 1/ "";",; ;.: ;~aJ' 'T ,"."f...ll......) "'1' '~I"'-): \i (~,'! ..i,~ ;.\:".. ';tl i:~: i ~.': .f if(::).~",i t~,J:~C} t:: t' '-,.,....-.-.----..,-..-.-..........--)h :':i~:" i. Jd. ,._;1' ,.... ." . ...... . .... . . . . J'''' ;--=~.~-_.._.-----,.,.. c.l~HIBIT "B" City of Boynton Beach Phmning and Zoning Division 100 R Boynton Beach Blvd, Boynton Beach, F1.. 33425-0310 August 22, 2007 Attn: Ed Breese Dear Ed, Please accept this letter as a written request for an additional time extension to our approved site plan and Development Order for Cortina.. Our original site plan expiration date was September 20,2006, we were granted a one year extension that expires September 20, 2007. K Hovmmi2n Homes (fb Town and Country Homes) will not have issued a building permit by this date. Based on the ongoing decline in the housing market, K Hovnanian Homes feels it is necessary to implement changes to the product type approved at Cortina.. In order to meet the needs. of the current m:rrk:("t, we are reviewing the cw:rent site plan and will be implementing changes that we feel will assist with the marketing and selling of our homes. We are, however, creating a product mix to include live/work: units, front load and rear load 3 story townhomes, and front load and rear load 2 story town homes along with changes to the amenities that are currently proposed. We feel the product mix will create variety in price and options to welcome a variety of end users, The process of amending the site plan and revising the recorded plat is estimated to t:ake up to (6) six months therefore we are requesting a (1) one year rime extension to allow for the necessary time to revise and approve our site plan and plat. Please note to date, all land development permits for infrastructure and construction have been obtained with the exception of the Boynton Beach land development permit. . Reservation fees for Water and Sewer have been paid. K Hovnani211 Homes has contributed their prorata share to the building of the common improvements both on and off site for Boynton Village. Approximately 6.8 million dollars will have been spent by K Hovnarri~n Homes for their protated share of the Site Development Agreement for Boynton Village by the end of 2007. We are and will 1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426 TEL: (561) 364-3300 khov.com 2 ~;\ugust 22, 200' continue to maintain the LWDD Easement on the west side of the canal in addition to maintaining the fence and windscreen. I would like to offer in advance, our appreciation for your time and approval of the requested time extension to Corti.na.. We look forward to continued success working with the City as we move forward. Sincerely ( ~a)l') \.-/C/ \~ Stephen B. Liller Vice President of Land Development and Acquisition K. Hovnanian Homes EXHIBIT "e" Conditions of Approval Project name: Cortina at Boynton Village File number: SPTE 07-010 Reference: DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. The time extension is subject to the original Conditions of Approval. X Cortina at Boynton Village / SPTE 07-010 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS I I Comments: ,-- None X ADDITIONAL CITY COMMISSION CONDITIONS - ~ Lomments To be determmed. j S:\Planning\SHAREDlWP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Cortina NWSP 05-001 \SPTE 07-01 OICOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cortina at Boynton Village APPLICANT: K. Hovnanian Homes APPLICANT'S AGENT: Mr. Steve Liller with K. Hovnanian Homes AGENT'S ADDRESS: 1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2007 TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20,2008, for 458 fee-simple townhouse units on a 30.29-acre parcel in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (see Location Map - Exhibit "A") 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\Boynton Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\SPTE 07- 010\DO.doc VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) [;8J December 3,2007 November 19, 2007 (Noon) D Announcements/Presentations D 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 [;8J Public Hearing D RECOMMENDATION: Please place this request on the December 3, 2007 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on November 14,2007, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-122. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: The Arches (SPTE 07-012) William Bloom, Holland & Knight Boynton Ventures I, LLC Southwest comer of Ocean Avenue and Federal Highway Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008) and height exception (HTEX 05-006) approved on September 6,2005, from September 6, 2007 to September 6, 2008, for a mixed-use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres zoned Mixed Use High: ";~....i PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: r,) Develop JiLo , City Manager's Signature c~ ex:> Assistant to City Manager ~ ." ) /7 tL/./V L" Planning and Zo g irector City Attorney / Finance S:\Planning\SHARED\WP\PROJEC \ARCHES @ BB\SPTE 07-0 I 2\Agenda Item Request Arches SPTE 07-012 12-3-07.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-122 TO: Chair and Members Community Redeve~ment Agency Board (j /)V Michael Rumpflv\ Director of Planning and Zoning THRU: FROM: Gabriel Wuebben Planner ....J v DATE: November 7, 2007 PROJECT: The Arches / SPTE 07-012 REQUEST: Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Boynton Ventures I, LLC ^ ...........1:............._... I ^ ....................... \^/jlli...,,~ DI"I""\t"V'l ",lit-h LJrdl'::\nrf Q. Vni,.,ht- f-\~~IIL.aIIL / M'::JCIIL. VVIIIIQIJI UIVVIII VVILII IIVIIUIIU \,,)l.. n.11I::f11l.. Location: Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MX-C) / Mixed Use High (MU-H) Proposed Uses: Request site plan time extension approval for a mixed use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres. Acreage: 4.688 acres Adjacent Uses: North: Right-of-way for Ocean Avenue and farther north are developed properties zoned Central Business District (CBD); South: Right-of-way for Southeast 2nd Avenue and farther south IS a developed commercial plaza zoned Community Commercial (C-3); East: Right-oF-way for Federal Highway and farther east is developed commercial properties zoned CBD; and West: Right-of-way for Southeast 4th Street and still farther west is developed commercial properties zoned CBD. Page 2 Memorandum No. PZ 07-122 BACKGROUND Mr. William Bloom, agent for Boynton Ventures I, LLC, is requesting that a second one (1) year time extension be granted for the Arches Site Plan and Height Exception development orders (MSPM 05-008 and HTEX 05- 006), which were approved by the City Commission on September 6,2005. These approvals are valid for one (1) year from the date of approval, unless a building permit has been issued or a time extension applied for. If this request for extensions were approved, the expiration date, including concurrency certification, would be extended to September 6, 2008. According to the site plan staff report, The Arches was approved to construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and restaurant space). The height exception request was for certain rooftop elements that conceal mechanical equipment, elevator shafts and stairwells at a height of 167 feet, or 17 feet above the maximum height threshold of 150 feet. Originally, a similar mixed-use project 'Yvas approved in 2003, and 'v'vas subsequently awarded tvVo (2) site plan time extensions. In 2005, a Major Site Plan Modification application was approved as filed by new owners of the property. This in effect resets the entire development clock and marks a departure point for what is essentially a new approval procedure. As mentioned above, the project received a Site Plan Time Extension in 2006. In this respect, this is the second site plan extension request for the revised project in accordance with the City of Boynton Beach Code of Ordinances. ANAL YSIS 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. The Regulations authorize the City Commission to approve one (1) year time extensions, provided that the applicant files the request prior to the expiration date of the development order or previous time extensions. In this case, the applicant has met that requirement. The Planning & Zoning Division received the extension request September 5, 2007 - one (1) day prior to the expiration of the previous site plan time extension. According to the request and justification, the developer has worked to address the difficulties of undertaking a luxury condominium project in market conditions that have become increasingly unfavorable since the previous site plan time extension was granted in 2006. The applicant has been working to realign the project with current demand through numerous modifications. Most significantly, the applicant will ultimately propose the conversion of the luxury condominiums to rental units. Additionally, the applicant expects to create six (6) additional units through project redesign, relocating the amenity deck within the project and diminishing its size. The applicant has indicated a plan to remove the two-story retail component from the northwest corner of the project, and include an improved loading area and additional landscaping in its place. The applicant also plans to reconfigure various aesthetic details of the project so that project costs coincide more with market demand. It should be noted that if the time extension is approved, any future changes to the project must be determined as "major" or "minor", and reviewed according to the required process. This is the first time staff has been presented with descriptions of the proposed changes to the project, and staff recognizes that such alterations to the originally proposed project may ultimately require a major site plan modification. At this time, however, it appears that the applicant is working toward project commencement. Construction plans for the modified project have been put out to bid, and the applicant believes that project redesign will commence in the coming months. Page 3 Memorandum No. PZ 07-122 A more formal criterion for evaluating requests for time extensions is compliance with concurrency requirements. This project's traffic study was sent to Palm Beach County Traffic Division for their review and approval. The Traffic Division determined that the proposed mixed-use project is located within the designated Boynton Beach Traffic Concurrency Exception Area (TCEA), and therefore meets the Traffic Performance Standards (TPS) of Palm Beach County. However, no building permits are to be issued by the city after the build-out date of 2010. Since the applicant has what would appear to be adequate time remaining on the applicant's traffic concurrency, nothing further in this regard is needed at this time. The site plan time extension would still be subject to the original conditions of approval (site plan and height exception, Lastly, 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, site plan approval occurred prior to the adoption of Ordinance 05-060. RECOMMENDATION Staff recommends approval of this request for a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006). If these requests for extension were approved, the expiration date of both applications, including concurrency certification would be extended to September 6, 2008, and all conditions from the original approvals must still be satisfactorily addressed during the building permit process. S:\Plannlng\SHARED\WP\PROJECTS\ARCHES @ B8\SP IE: U/-U12\ArCheS Sf> It U/-U12 Starr Report.dOC Exhibit "A" - THE ARCHES Location Map - co ,';i>; c: (1) -0. .-.., CJ), (1) [t: 110 55 0 r-'l--_ 110 220 330 440 I Feet N W+E 5 EXHIBIT B November 6, 2007 The Arches Time Extension Additional Justification I ne TOllowing staTement provides additional justification to the City to support the applicants need for a time extension for the project known as the ''The Arches" located at 500 Ocean Avenue. The current market conditions are a major factor in the stalling of the project. The applicant has been working on creative solutions to this problem in order to make the project move forward and begin beginning construction. After some analysis of current market conditions, the applicant is moving forward with a luxury rental project instead of the previously proposed condominium units. There is a need for upscale rental units within the City of Boynton Beach, With the potential conversion to rental come minor mechanical, electrical, and plumbing modifications. The applicant has currently put the construction plans out to bid for these modifications and intends on beginning this modification process within the next several months. Below details the list of proposed construction changes that the applicant is proposing: Architectural Value Enqineerinq Chanqes: · Eliminated 1 floor of the parking garage o Amenity deck is now on the 5th floor rather than the 6th o 6th floor residential is now identical to floors tn _15th o Exercise room and Party room are now located on 5th floor. o Unit number will change from 356 to 362, addition of 6 units · Reduce size of Amenity deck o Stair C-3 has been eliminated o 'Storage room' to replace stair C-3 on roof deck to maintain symmetry o Maximum occupancy for smaller roof deck: 625 occupants o Maximum occupied area for smaller roof deck: 19,000 square feet · Eliminated building 'D' retail (2-Story) o Northwest corner of parking garage was redesigned to accommodate two loading docks. (1 5t floor) o Northwest side of plaza where building 'D' used to sit will require a new landscape layout. · Trellis and associated planters on the 15t floor have been eliminated from parking garage fac;:ade . Glass canopy has been removed from first floor at northeast and southeast corners of retail . Eliminated high ceiling and curtain wall system in corner units on 5th and 15th floor. o Roof slabs at both 5th and 15th floor are continuous all the way to corners. o Slab still projects 2'-0" past parapet at corners o Glass balcony guardrail sitting on concrete curb at corners where curtain wall used to be. Structural VE Chanqes: Change foundation system from augercast piles to vibroflotation. The applicant feels that progress continues to be made in order to keep the proposed project moving forward in a market that is currently unfavorable towards residential development. The applicant respectfully requests the approval of the requested time extension. EXHIBIT "C" Conditions of Approval Project name: 500 Ocean (flea The Arches) File number: SPTE 07-012 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X I I FIRE I T Comments: None X I POLICE Comments: None X i 1 ENGINEERING DIVISION Comments: None ,.:r" A BUILDING DIVISION Comments: None X I PARKS AND RECREATION I i Comments: None X I FORESTER/ENVIRONMENT ALIST Comments: None X I PLANNING AND ZONING T i i Comments: ----- 1. The time extension is subject to the original Conditions of Approval. X 500 Ocean (fka The Arches) SPTE 07-012 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTSIARCHES @ BB\SPTE 07-012\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC APPLICANT'S AGENT: William Bloom with Holland & Knight AGEf\JT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2008 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came 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\PROJECTSIARCHES @ BB\SPTE 07-012\DO.doc 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 City Clerk's Office Meeting Dates in to City Clerk's Office D August 21 , 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20,2007 ONoon) D November 7, 2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 ONoon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 ONoon) 0 December 3, 2007 November 19,2007 (Noon) D AnnouncementslPresentations D 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 0 Public Hearing D RECOMMENDATION: Please place this request on the December 3,2007 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board on November 14,2007, recommended that the request be approved, conditioned upon the planting of interim landscaping along the right-of-way. For further details pertaining to this request, see attached Department Memorandum No. 07-109. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: Tuscan Villas (SPTE 07-011) Wendy Tuma, RLA, ASLA, Urban Design Studio Tuscan Villas at Boynton Beach, LLC East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard Request for a one (1) year site plan time extension of the site plan (NWSP 06-002) approved on April 18, 2006, from October 18, 2007 to October 18, 2008, for 22 townhouse-style condominium units on 1.341 acre zoned IPUD. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: Developmen 'I.'.,.~ '.....0 -,., Assistant to City Manager c4 // J,/'/ 4./b L--- ~/ Planning and ing Director City Attorney I Finance S:\Planning\SHARED\ WP\PROJECTS\Tuscan Villas\SPTE 07 -OIl \Agenda Item Request Tuscan Villas @ BB SPTE 07-011 12-3-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-109 Chair and Members Community Redeve}9pment Agency Board , .U. 'j l \. I . '. Michael Rumpf L~L Director of Planning and Zoning Kathleen Zeitler ~ Planner November 7, 2007 Tuscan Villas (SPTE 07-011) Site Plan Time Extension PROJECT DESCRIPTION Property Owner: Applicant I Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Tuscan Villas at Boynton Beach, LLC Wendy Tuma, RLA, ASLA, Urban Design Studio East side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Location Map - Exhibit "A") Special High Density Residential (SHDR - maximum 20 du/ac) Infill Planned Unit Development (IPUD) No change proposed No change proposed 22 townhouse-style condominium units (16.4 dwelling units/acre) :t1.341 acres (58,414 square feet) Developed commercial (unoccupied; formerly Gulfstream Carpet) designated with Palm Beach County Commercial High, with an underlying Medium Residential 5 units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG). A current application for annexation, land use amendment, and rezoning has been submitted for an office use (Ticket Clinic) on this property; Developed commercial (licensed as Supervised Construction Services), designated with Palm Beach County Commercial High, with an underlying Medium Residential S units per acre (CHIS) land use and zoned Palm Beach County Commercial General (CG); Page 2 Memorandum No. PZ 07-109 Tuscan Villas SPTE 07-011 East: Developed single-family residential lots designated with Palm Beach County Medium Residential, 5 units per acre (MR-5) land use and zoned Palm Beach County Single-family Residential (RS); and West: Right-of-way for Federal Highway, then farther west is partially developed commercial property recently approved for townhouse units (Gulfstream Gardens) designated with Special High Density Residential (SHDR) land use and zoned Planned Unit Development (PUD). BACKGROUND Ms. Wendy Tuma, agent for Tuscan Villas at Boynton Beach, LLC (property owner) is requesting a one (1)-year site plan time extension for the Tuscan Villas site plan development order (NWSP 06-002), which was approved by the City Commission on April 18, 2006. The master pian/site plan approval for the IPUD is valid for 18 months from the date of approval. If this request for a one (1)-year time extension were approved, the expiration date of this site plan, including concurrency certification, would be extended to October 18, 2008. The subject property is located within the Federal Highway Corridor Community Redevelopment Plan Study Area V. According to the original site plan staff report, the proposed Tuscan Villas project is an Infill Planned Unit Development approved for 22 townhouse-style condominium dwelling units. The project has been approved for the following: an annexation (ANEX 06-002); a land use amendment (LUAR 06-002) from Palm Beach County Commercial High, with an underlying Medium Residential, 5 units per acre (CHIS) to Special High Density Residential (SHDR - 20 du/ac) classification; a rezoning (LUAR 06-002) from Palm Beach County Commercial General (CG) to Infill Planned Unit Development (IPUD) zoning district; and a new site plan (NWSP 06-002). The 22 units are proposed in one (1) phase on the 1.34-acre site (see Exhibit "B''). The 22 townhouse units are proposed within five (5) separate buildings with three (3) units to six (6) units per building. The project proposes four (4) model types, ranging from 1,947 square feet to 2,513 square feet of air- conditioned space. The proposed dwellings are two (2) and three (3) stories. The easternmost portion of each townhouse building (adjacent to the single-family homes) are proposed at two (2)-stories rather than three (3)-stories. Along the east property line, the site plan proposes a building setback that ranges between a minimum of 11 feet to a maximum of 35 feet. A buffer wall is proposed along the east property line in conjunction with a multitude of trees and shrubs that would provide the necessary buffering between the townhouses and the adjacent single':'family neighborhood. The main recreation area would be located at the center of the site, centrally located to all residents. It would include a swimming pool, cabana building, decorative water fountain, and bicycle racks. The proposed buildings and clubhouse resemble a modern Spanish-Mediterranean design with textured stucco finish, tile inserts, simulated stone band and sills, cast stone baluster and panels, rounded- windows, wood-panel front doors, clear glass with bronze finish aluminum frames, and S-tile roof. The exterior walls of the buildings would consist of the following neutral colors: peach, cream, and yellow with white trim. Page 3 Memorandum No. PZ 07-109 Tuscan Villas SPTE 07-011 ANALYSIS The master plan/site plan approval for the Tuscan Villas IPUD project is valid fOl' 18 months from the date of approval. Examples of building permits include but are not limited to the following: plumbing, electrical, mechanical, foundation, and structural. The Regulations authorize the City 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; Staff received the request for a site plan time extension on September 4, 2007, approximately 45 days prior to the expiration date of the new site plan (see Exhibit "Clf). According to the agent, the following accomplishments demonstrate their "good faith" efforts in securing a building permit for the project: (1) the payment of reservation fees for utilities in the amount of $3,243.24 for the project; (2) obtained approvals for FDOT drainage, driveway, temporary driveway, and fire-rescue; (3) the preparation and submittal of revised plans for Engineering approval of utility plans and plat; and, (4) the completion of revised construction drawings to address comments received from pre-review of plans submitted in June, 2007. A more formal criterion for evaluating requests for time extensions is compliance with (traffic) concurrency requirements. The Palm Beach County Traffic Division approved the traffic study for the Tuscan Villas project based on a total of 22 proposed residential units. Based on the Traffic Division's review, it has been determined that the project is located within the Coastal Residential Exception Area of Palm Beach County which exempts residential units from traffic concurrency requirements, and the project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued after the build-out date of 2010. The site plan time extension is still subject to the original 36 conditions of site plan approval. Lastly, no new land development regulations are now in place which staff recommends should be applied to the subject project. 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. SUMMARY / RECOMMENDATION Staff recommends approval of this request for a one (l)-year time extension of the site plan (NWSP 06- 002) for the Tuscan Villas project. If this request for extension were approved, the expiration of this site plan, including concurrency certification, would be extended to October 18, 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 Community Redevelopment Plan toward greater residential uses in this area and economic revitalization. The proposed Tuscan Villas project will provide an opportunity for redevelopment in a highly visible entrance corridor to 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 original site plan 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\ Tuscan Villas\SPTE 07-011 \ Staff Report.doc LOCATION MAP Tuscan Villas IPUD PUD C-3 Exhibit "A" TURNER RD ( \ i ~ I ~ I I 3: c :0 en o z jJ County CG Ci Boundary PUD Gulfstream OR . 200 100 0 I 200 County RM N W+E S 400 600 800 I Feet ~ . i r '/ c' :!" ~~ ~h.ff_,~ H ;' ~~; ,[ i~~. ~ i; ., :., ~ ~ JmCrSl"Ir> r----- ~~ I 1I1C'1'1l..1I\ ;:n~1 I........t"":. 'ITyr'l i'lC"l\"XliV',!l.l" It u..ll "- I....~,...."'" L'" l n U kT ~U ~:--"~~';'2~";:;'~~~~~~""'1.....m I r>~\(Elll \t EXHIBIT B .------.:"'Jcdcral HIg~a~ ._ ...".,....'- ,-"r \ \ - I \ \ \ \ \ \ \ \ ~L ~i ii ;i ; --r-- I I I.'" '- - ',l."- J- .n: $~ ~I' i: . ; ~.. : , . }{ lh . '1 . I ' I: H \ , \ \ \ \ \ \ \ \ \ \ \ ~~!~ ::...-!;,: = -'F: f ~m :t.::=. ~~~ .~ ::: ~~g ;~~ ~~~ ~~~ :=! 21 :: ,---J: ~ }i~ , 'Ii ~ ~ Ie ~ ~ ~ ~ "OCI' :::~ =~ ~ B~:~ ~ ::<:;;~ : U~~I~ .JJI~ ~g~~ :~~~m ; ~I~! ':~II~ flprl'~ - ~ ll~lm i '[~ ~ m i ,- . - 1_ '0.1 - - 1- ..' ~~ ~ )2 .~~ ~ ~ j ~~' ~ ~1:- ". . - . "." T" :: ill .F;~!l ; :1;: ~ :; ~ f~ "l, I' ~..; ~ ~."" 5;~~ - ". L~ ;: ~ 2 ~ :: ~ B ~ r ~!~ F ~3 ~ H~ ;1:"' . $::: " The Villas at Boynton Beach City of Boynton Beach, Florida Site Development Plan I ~I ' 'jillllifli~. !l~~ f .i~1 If IIH'I I ~-hrt I h "," tla '~il ! I ij!rHlil I! hi id I/,.f. ~,lot~ ; , rlll'll,1 i~ iH ::::J i r I t # " ~"! :::z: ~;~ 1E ~:i ;;i ~gii iJ.i ;;.~ ~~~ ~ H~ ~- ~ ~{: "' :; ~ ; : ~ ~mi~ mil~ g ~~ :; ~. ~ ~ ; ~; ~~ ~ ~ ~ ~ ~: ~ :- :: "'''' ~ ~ ~~~;~ ~ !, : :: ~ : ~ :: $ ~: ...:...; d ,_~~ ;_ ~_ ..!~. Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach Development Department Planning & Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 1\ j: WiD1 I.. . ~ I. ;......-- liTD i: ..)i,' L- - A 2007 urtxJn deslcn studfo September 4, 2007 ,L.j"~ [) '. UcP1 -_.._.----~- i J Urban Design Urban Planning Land Planning Landscape Architecture RE: File No.: Location: Tuscan Villas (aka The Villas at Boynton Beach) NWSP 06-002 On the east side of Federal H \vy. approximately 1,100 feet north of Gulfstream Blvd. Dear Mr. Rumpf, Please accept this letter as a formal request for a one year site plan approval time extension. The Development Order was granted by the City Commission on April 18, 2006, however a building permit has not been secured and the property owner would like the approval to remain vested. Status ofProiect: Since receiving site plan approval, the property owner has worked very closely with the City of Boynton Beach. They attended several meetings with the Engineering Department to discuss both the utility plans and the proposed plat. The FDOT drainage, driveway, temporary driveway and fire-rescue approvals for the project have been issued. Outstanding approvals include approval from the City of Boynton Beach for the Utility Plans and the PlatlEngineering Approval. Also, the FDOT Utility Permit and Health Department permits are outstanding, but they can not begin until the City has approved the Utility Plans and PlatfEngineering Plans. Please find attached copies ofthe three Review Letters received from the City Engineer. Weare in the process of preparing a response to the third letter. Architectural Drawin~s: The property owner contracted David Lawrence A.rchitecture to prepare construction documents for the five buildings on the site. The construction documents were submitted to the City of Boynton Beach Building Division for pre-review of the permit drawings in June 2007. The City then responded with comments. We are in the process of updating the plans to address these comments. G:'JobslPaisJey Custom HomeslJ3oymon Beach ProplAgency CorresIRumpf08J407 SP eXlension.wpd LCC35 477 S. Rosemary Avenue Suite 225 - The Lofts at City Place West Palm Beach, FL 33401 561.366.1100 561.366.1111 fax www.UDSonline.com LCC35 Justification of Delav: The property owner has work very closely with the City of Boynton Beach on the revie\v of the Plat and Engineering Plans. In addition to this thorough review process. the property owner has been finalizing construction documents for the proposed townhomes. Unf0l1unately, since receiving approval of the site plan. the housing market in South Florida has taken a downturn. This change in the market has affected the ability for developers to receive financing for their projects quickly. This has been an additional obstacle the property O\vner has been faced with in the past year. Thank you in advance for your consideration of the time extension request. We look fon:vard to working with the City of Boynton Beach to create a successful project. Sincerely yours, URBAN DESIGN STUDIO w j~ Wc~a'RLA,ASLA CC: Mr. Jim Paisley Mr. David LawTence Mr. Mike Hagerty G:\,iobs\Paislev Custom HomeslBoynton Beach Prop\Agencv Corres\Rumpf08J40: SP extensIOn wpd LCC35 EXHIBIT "D" Conditions of Approval Project name: Tuscan Villas File number: SPTE 07-011 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEP ARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT I AGENCY BOARD CONDITIONS Comments: -- -~-------~ 1. Requirement for planting of palm trees along the rights-of-way in the interim, X prior to beginning of construction, to enhance the appearance of the vacant parcel. ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I ! I S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\SPTE 07-011\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Tuscan Villas (aka Villas at Boynton Beach) APPLICANT'S AGENT: Wendy Tuma / Urban Design Studio APPLICANT: Tuscan Villas at Boynton Beach, LLC APPLICANT'S ADDRESS: 631 US Highway 1, Suite 220, North Palm Beach, Florida 33408-4614 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 3, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension to construct 22 townhouse-style condominium units on 1.34 acres in the IPUD zoning district. LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of Gulfstream Boulevard (see Exhibit "An - Location Map) 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:IPlanningISHAREDI WPIPROJECTSITuscan VillaslSPTE 07-01IIDO.doc VIII.-PUBLIC HEARING 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 Citv Clerk's Office 0 August 21 , 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon - 0 0 r-::-J 1 September 4, 2007 August 20,2007 (Noon) November 7, 2007 October 15,2007 (Noon) -, 0 0 , '1 September 18, 2007 September 3, 2007 (Noon) November 20, 2007 November 5, 2007 (Noon)': J _J 0 ~ \._'':) -' October 2, 2007 September 17, 2007 (Noon) December 3, 2007 November 19, 2007 (Noon) ; , , 1-,- 0 AnnouncementslPresentations 0 City Manager's Report "-' NATURE OF 0 Administrative 0 New Business 0:> .-) - AGENDA ITEM -- 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ~ Public Hearing 0 RECOMMENDATION: Please place this request on the December 3,2007 City Commission Agenda under Public Hearing. The Planning & Development Board and CRA Board reviewed this item on October 23,2007 and November 14, 2007, respectively, and forward it with their reconnnendations for approval of Part 1 of Group 4 of the LDR Rewrite. Staff recommends that this draft work product be approved by the Commission, and any changes directed by the Commission can be incorporated into the [mal document. For further details pertaining to this request, see attached Department of Memorandum No. 07-115. EXPLANATION: In accordance with the approved work schedule, staffis forwarding for Commission review, a portion of the Group 4 deliverable, pursuant to the LDR Rewrite Schedule, which includes: Article I.Environmental Protection Standards and Article II. Landscape Design and Buffering Standards. These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 through 7,8.5, and 11; Chapter 4 (Site Plan Review), Section 8; Chapter 6 (Required Improvements), Article III; all of Chapter 7.5; Chapter 8 (Excavation and Fill Regulations), Articles I through VI; and Chapter 9 (Community Design Plan), Sections 10 and 11. The remainder of Group 4 will be drafted and circulated for commission review in December or January, 2008. PROGRAM IMP ACT: This item represents continued and timely progress toward completion of the LDR rewrite. FISCAL IMPACT: N/A AL TERNA TIVES: N cept the draft work product presented by staff, 0 approve with revisions. Developmen ity Manager's Signature Assistant to City Manager ~ ~~./ ..-./ Planning and Zonin ;7 ector City Attorney / Finance S:\Planning\SHARED\WP\SPECPRO DR Rewrite (2005-2006)\General\Agenda Item Request Portion Group 4 12-3-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: RE: INTRODUCTION DEPARTMENT OF DEVELOPMENT Memorandum PZ 07-115 Chairman and Members, Community Redevelopment Agency Board & Planning and Development Board Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Planner i;t v October 171 2007 LOR Rewrite - A portion of Group 4 Chapter 4, Articles I and II A task of rewriting the Land Development Regulations (LDR Rewrite project) is to update the entire Part III (Land Development Code) of the City's Code of Ordinances. In April of 2007, staff presented the Boards and Commission with a progress report and proposed work schedule of the LDR Rewrite project. Staff determined that it would be best to break down the entire project into eight (8) different groups. At this time, staff is delivering a portion of the fourth component of the eight-phase project (see attached). The first two (2) phases, Group 1 and Group 2, dealt with Definitions, the Use Matrix, and its associated Notes and Restrictions. These initial groups emphasized matters relating to zoning districts and allowable uses. The third phase, known as Group 3, was the first grouping that dealt with site development standards. These development standards involve off-street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, and rights-of-way and infrastructure. Group 4, which is the subject of this report, is comprised of environmental and landscaping standards that emphasize flora and fauna conservation, preparing a site for development, and required landscaping. The titles of the subject articles are proposed as follows: Arti cl e I. Article II. Environmental Protection Standards Landscape Design and Buffering Standards The landscape code, environmental protection standards, and excavation and fill requirements are currently located within five (5) different chapters of Part III of the Code of Ordinances. This lack of consolidation between common topics can be burdensome to the lay person as well to developers and design professionals researching the City's regulations. Therefore, the attached regulations represent that same concentrated effort as in previous phases, to consolidate scattered regulations of common topic matters, identify and correct inconsistencies, and reword in an effort to increase clarity of the City's regulations. Above all, the proposed reorganization of these provisions will significantly increase the ease of reading and understanding the City's very important development regulations. PROJECT OBJECTIVES The objectives set forth at the onset of staffs management of this effort, and explained previously in the update report, continue to be furthered. Of the original objectives, those involving user-friendliness and maintaining a flexible and dynamic approach are most addressed by this work product. The original objectives are listed below followed by specific documentation relative to Objectives #1, #2 and #4. Although #5 is not specifically addressed herein, the basic services and unanticipated demands of the Division continue to be a priority, and provided or responded to timely. 1. Preserve / Utilize 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 project. Objectives #1 & #2: LDR format or organization was the target of an original objective which continues to be furthered by the consolidation of common topic matters. Staff proposes to separate the entire Part III LDR (currently 23 chapters) and divide them into four (4) distinct chapters. A four (4) chapter code proposal deviates much from the existing code but is more in keeping with the Model Land Development Code; tailored perfectly to meet the needs of the local agenda. All development standards, such as excavation, fill requirements, and required landscaping would be placed into this fourth chapter, containing eight (8) articles. Each article is arranged and ordered based on its rank or its "contribution" to the land development process within the City. Currently, these same regulations are scattered throughout Part III within many different chapters and sections. The attached documents would modify all or portions of the following existing code chapters: Chapter 2. Zoning, Sections 5 through 8.5, and 11; Chapter 4. Site Plan Review, Section 8; 2 Chapter 6. Required Improvements, Article III; Chapter 7.5. Environmental Regulation; Chapter 8. Excavation and Fill Regulations, Articles I through VI; and Chapter 9 Community Design Plan, Sections 10 and 11. As previously mentioned, this lack of consolidation is cumbersome for the lay person to locate as well as challenging to staff to regularly review and incrementally revise as the needs arise. Although it has been very challenging and time-consuming for staff to locate all the standards throughout the code and consolidate the common topics into this format, the benefits with respect to consistency and ease of access justify the effort. User- friendliness continues to be a primary objective, guiding both the format as well as emphasis on simplicity and clarity. Objective #3: To maintain public involvement consistent with this objective, staff hosted a meeting with local landscape architects and design professionals, tradesmen, and other interested persons to discuss the City's existing landscape regulations. This event was held prior to the onset of the LDR rewrite project, and provided the forum for obtaining input from experts on a variety of related topics, including but not limited to the following: tree growth and root systems, ideal design principles, the impact of exotic species on native vegetation, the structure of codes and allowing for creative designs, berm design, and proper plant maintenance. The meeting identified current problems and future opport).mities, most of which have been addressed and manifested into the proposed regulations (see attached). Objective #4: In this deliverable, staff continues to acknowledge the priorities and current issues of the Commission. Hot topics of local concern are seasonal water shortages, how development impacts limited water resources, costs of expanding infrastructure, and the increasing challenge of receiving increases in water use permits. Staff addressed this issue by formulating contemporary standards for water conservation, in part, by limiting the use of sod, requiring innovative landscape design, promoting the use of drought tolerant species, and identifying appropriate water sources. In addition, the proposed revisions promote healthier and hardier trees, particularly within off-street parking areas, by consigning planting areas in larger and more consolidated planting patterns. OTHER NOTEWORTHY CHANGES Preparation of these documents has involved the comprehensive and detailed review of the land development process, the various standards by which land is regulated, land development standards, and the appropriate staff member who administers processes by which they are regulated. Noteworthy are the following additions or revisions involving land development standards: . Divided Chapter 7.5 (Environmental Regulations) and relocated existing text into both of these new articles (Article I and Article II); 3 . Dissolved Chapter 8 (Excavation and Fill Regulations) and relocated existing text into new Article I; . Consistent with Group 3, dissolved Chapter 9 Community Design Plan (text with an emphasis on aesthetics / appearance) and relocated existing text into various sections throughout new Chapter 4, labeled "Community Design"; . Consistent with Group 3, each article now contains its own "Purpose and Intent" and "Administration" text; . Clarified the various processes for plant removal and relocation by identifying the required types of permits and when they are applicable (i.e. removing plant material within the right-of-way versus on private property); . Updated the existing text regarding exemptions to tree preservation standards; . Updated the types excavation, filling, and dredging classifications, and included "grading" activities within this grouping; . Created specific objectives under the purpose and intent of the new landscape code (Article II); . Updated those uses (i.e single-family homes) that are exempt from the landscape code and do not have to submit a landscape plan; . Clarified the different types of required plans that illustrate compliance with the landscape code (i.e. landscape plan, tree survey, tree management plan, and irrigation plan); . Created landscape design principles; . Established the "Waterwise" publication from the South Florida Water Management District (SfWMD) as the source for plant selection in order to promote water conservation; . Established creative landscaping standards tailored to the different geographic areas of the City (i.e. citywide standards, "urban" standards, "suburban" standards) ; . Enhanced the signature tree requirement to include more eligible species; . Created an equivalent standard applicable when palm trees are used in lieu of canopy trees: three (3) palm trees equal one (1) canopy tree; . Changed the minimum planting specification of canopy trees from 12 feet to caliper size (minimum caliper size of four (4) inches). This change was made to be more consistent with industry guidelines; . Created a minimum tree variety standard based on the number of trees provided; . Enhanced upland buffer / littoral planting requirements; . Added requirements to guide the appropriate planting of easements that overlap or abut landscape strips or perimeter buffers; . Require the installation and maintenance of plant material by a certified arborist to ensure compliance with International Arborist Association (IAA) planting standards; . Enhanced the text regarding the maximum allowable heights of plant material, particularly hedges, that are planted within visibility and safe-sight areas; . Clarified required perimeter landscaping by differentiating between landscape strips (located within front and side corner yards) and perimeter buffers (located within side and rear yards); 4 . Created "streetscape" provisions, which recognizes that trees installed within rights-of-way may meet the intent of required landscape strips located on private property; . Increased the width of landscape strips along arterial and collector rights-of- way in "suburban" locations, from seven (7) feet to 10 feet; . Increased the width of perimeter landscape buffers in "suburban" locations, based on abutting uses and densities; . Increased the minimum number of trees required for multi- family and planned residential developments; . Enhanced landscape requirements for specific uses (outdoor storage, satellite dishes); . Established a provision for alternate compliance with landscape code via the submittal of an alternate landscape plan; . Enhanced existing text regarding foundation landscaping, drive-through facilities, and plazas in the "Community Design" portion; SUMMARY I RECOMMENDATION Staff recommends that the Boards and Commission approve this draft portion of Group 4. However, any changes recommended by the Boards and the Commission will be incorporated into the document or schedule for ultimate consideration at time of adoption. EJ Attachments S:\Planning\Zoning Code Update\LDR Rewrite\StaffReports\Group 4 (Ch 4, Art] and 2).doc 5 Articl e 1. Article II. Article III. COVER PAGE of a portion of GROUP 4 completed CHAPTER 4. SITE DEVELOPMENT STANDARDS Environmental Protection Standards Landscape Design and Buffering Standards Exterior Building and Site Design Standards (Enclosed) (Enclosed) (11/27/07) S:\Planning\Zoning Code Update\LDR Rewrite\Part III\Chapters\Table of Contents\Final\Cover Page Group 4.doc CHAPTER 4. Article I. Article II. Arti cl e III. Article IV. Article V. Article VI. Article VII. Article VIII. Article IX. SITE DEVELOPMENT STANDARDS SITE DEVELOPMENT STANDARDS Environmental Protection Standards Landscape Design and Buffering Standards Exterior Building and Site Design Standards Sign Standards Minimum Off-Street Parking Requirements Parking Lot. Vehicular Use Areas, and Loading Standards Lighting Standards Utility and Infrastructure Design Standards Building, Housing, and Construction Standards ARTICLE I. ENVIRONMENTAL PROTECTION STANDARDS October 17, 2007 Section 1. Tree Preservation and Protection ARTICLE I. TREE PRESER V.\ nON Section 1. Short title. This section artiele shall be known and may be cited as the "City Tree Preservation Ordinance." A. General. 1. Purpose and Intent. Section 2. Pmposes. The purposes of this article is are to establish rules and regulations governing the protection and proliferation of trees and vegetation. of trees and yegetative oover witffiH: the limits of the City of Boynton Beach, to enoourage the proliferation of trees and vegetation '.vithin the oity as well as thei!' replaoement, in recognition of The City recognizes trees and vegetation. for their importance and theiT meaningful contribution to energy conservation and management, to a healthy, beautiful and safer community attributable to their carbon dioxide absorption, oxygen production, dust filtration, wind and noise reduction, soil erosion prevention, beach erosion protection, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands, and the general promotion of the health, safety, welfare" and well being of the community. 2. Administration. The Director of Planning & Zoning or designee shall coordinate. interpret, and administer this section. 3. Applicability. Section 1. .^..pplioation of artiele pro';isions. The terms and provisions of this section arEiele shall apply to real property as follows: 1 SITE DEVELOPMENT STANDARDS ~ A. All real property upon which specimen trees are located which trees have been designated as such under the provisions of this article, b. B. All vacant and undeveloped property. ~ Go All property in all zoning classifications that is intended to be redeveloped. d. .g. The yard areas of all developed property except that property which is developed with single- family or two-family dwelling units, provided the trees designated as specimen trees are not involved. "Developed" as used in this section shall mean those parcels of land within approved developments subdi',isions which contain roads and utilities. 4. General Rules. LA,.. Natural onvironment: All proposed developments shall be designed to preserve, perpetuate,. and improve the existing natural character of the site. Existing native trees and other landscape features shall, to the maximum extent possible, be preserved in their natural state; and additional landscape features shall be provided to enhance architectural features, to relate structural design to the site, and to conceal unattractive uses. In all instances the city's landscaping and all other applicable regulations shall be fully complied with as minimum standards. Section 25. Public lands. No tree shall be removed from any city lands, public park or any areas of the public right- of-way except in accordance with the provisions of this article. Section 26. Reserved. Section 26.1, Reserved. B. Permit Reauired. Section 5. Permit required. L^.... Tree permits. No person or organization, organization, society, association or oorporation, or any agcnt or representative thereof, direetly or indirectly, shall cut down, destroy, remove or move, or effectively destroy through damaging, any tree as defined by this article, situated on a property described above without first obtaining a tree permit. Likewise. no person or organization fh Land clearing, rcmo',ing or filling permits. No person, organization, society, assooiation or oorporation, or any agent or representati'/8 th6feof, directly or indirectly, shan engage in land- clearing, land-removing" or land-filling activities in the City ef Boynton Beach, or use, operate, propel or maintain in use any October 17, 2007 2 SITE DEVELOPMENT STANDARDS bulldozer, pay loader, front end loader, back hoe, drag line, poy.rer shoyel, road grader, damp truck, ckedge, sand pumping maehine, pump line, fill spreader or other light or heavy duty land-clearing, land-removing or land-filling equipment without first obtaining a permit. 1. Ri2hts-of-Wav. Any proposal to remove plant material from a public or private right-of-way shall be required to obtain a Right-of-Way Permit from the Engineering Division of Public Works in accordance with Chapter 2. Article III. Section 4. 2. Private Propertv. The two (2) types of permit applications related to Environmental Protection Standards and vegetation on private property are as follows: !:. Clearin2 and Grubbin2 Permit. A Clearing and Grubbing Permit shall be obtained subsequent to the approval of a Tree Management Plan but prior to the issuance of a Certificate of Completion and I or Certificate of Occupancy. This type of permit shall be processed by the Building Division of the Department of Development in _ accordance with Chapter 2. Article N. Section 1. b. Minor Landscape Plan Modification. Any application to remove. relocate. and I or substitute vegetation subsequent to the issuance of a Certificate of Completion and I or Certificate of Occupancy shall occur pursuant to the Minor Landscape Plan Modification process. This application shall be processed by the Planning and Zoning Division of the Department of Development in accordance with Chapter 2. Article II. Section 5. C. Exemptions. Section 15.1. Hazardous trees exempt from v.rritten permit requirement. The following are exempt from the Tree Preservation and Protection standards: 1. Hazardous or Dan2erous. A tree may be removed without delay and prior to obtaining the necessary permits provided that the City determines that the tree is in a hazardous or dangerous condition that will endanger the public health. safety. or welfare. In the e'fent that any tree shall be lli..determ.ined to be in a hazardous or dangerous oondition so as to endanger the poolic health, welfare.. or October 17, 2007 3 SITE DEVELOPMENT STANDARDS safety, and requires immediate remo'/al \.'1ithout delay, verbal authorization may be given by the development department and the trees removed ',vithout obtaining a v.-ritten pennit as herein required. 2. Emen!:encies. Section 16. Exceptions due to emergenoies. During the period of an emergency such as a hurricane, tropical storm, flood or any other Act of God, the requiremeRt.5' of this article may be waived by the Director of Development de'/elopment department. 3. Nurseries and Tree Farms. Section 17. Exemptions to nurseries, tree farms. All licensed plant or tree nurseries or tree farms shall be exempt from the terms and provisions of this article only in relation to those trees planted and growing on the premises of said licensee, which are so planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business. Seotion 18. Exemptions for betterment plans. Applicants for permits shall be entitled to demonstrate by means of a proper landscape plan that an improvement or betterment of the en'/ironment oan be aocomplished O'/ef the existing site conditions, if such landsoape plan is carried out to its fullest. If such a detailed landsoape plan is so offered and is aooepted by the city, the applicant shall guarantee by adequate bond or other oity approved surety the faithful adherence and oompletion of suoh landscape plan. The surety shall: /.... Run to the City Commission. B. Be in a form satisfactory and acceptablc to the city manager. C. Speoifythe time for oompletion of the requirements as determined by the oity manager. 4. Public Utility A2encies. Section 18.1. Exemptions for public utilities. All public utilities may remo'/e V/ithOl:lt permit, trees which endanger public safety and 'Nelfare, or which interfere with utility services ',vhich are looated within utility easements and public rights of way&;- Public utility agencies are authorized to remove existing trees that interfere with infrastructure located within easements or rights-of-wav. or which otherwise endanger October 17,2007 4 SITE DEVELOPMENT STANDARDS the safety and welfare of the public. without the requirement or need to obtain a City permit. D. Standards. Section 15. Tree protection. A. The following standards shall be considered to ensure the protection of the existing vegetation: 1. Protective Measures. During the land clearing and construction stage of development, the developer shall erect and maintain protective barriers (to e#y inspeetor's specifications City requirements consistent with geeS: best management practices) around all trees or groups of trees to be protected. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the protective barrier. Ih During the construction stage of development, the developer shall not allow the cleaning of equipment or material within the drip line of any protected tree or groups of trees to be protected. Neither shall the developer allow the disposal of waste materials such as paint, oil solvents, asphalt, concrete, mortar~ and the like 5e-eft within the drip _ line of any tree or groups of trees. Go No attachments or wires other than those of a protective nature shall be attached to any tree. 2. Specimen Tree Desi2"nation. Section 21. Designation of specimen trees. The Director of Development city forester may by written request to the City Manager city manager recommend from time to time the establishment of official designation certain trees located within the City ofBoyntoFl BeaCh as specimen trees. Upon receipt of such a written recommendation, the City Manager city manager shall review same and add thereto his own comments and recommendations. If the City Manager eit;r manager approves such recommendation, the matter shall be presented to the City Commission for their determination. The City Commission shall notify by certified mail the affected property owner of the proposed hearing and conduct a public hearing to consider the report of the city forester and the recommendation of the city manager and shall either accept, modify or deny same and shall designate by resolution those trees it deems appropriate as specimen trees. October 17, 2007 5 SITE DEVELOPMENT STANDARDS 3. Inspections. l* During the land clearing and construction stage of development, the Director or Development or designee director of the de'lelopment department or his assigned officer, shall periodically inspect the site to ensure ffi.sm:e compliance with the provisions of this article. g,. Tree location and replacement activity permitted or required under this section afliele shall be done in accordance with standard forestry practices and procedures outlined in "The Urban Forestry Manual (L)- Trees and Construction", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof and on file with the City Clerk. (reference "Tree Protection Manual for Builders and Developers," issued by the State of Florida, Di','ision of Forestry, on file vlith the city clerk), and all All such plantings shall be reasonably maintained and attended to promote successful establishment thereof. 4. Removal. Section 19. Remo':al of certain trees; conditions; restoration of area; penalty for'liohttion. A. Removal. The following trees may be removed subject to the conditions hereinafter set forth: Brazilian Pepper / Florida Hollv (Shinus herebenthin folus). Melaleuca (Melaleuca leucadendron). Australian Pie (Casuarina equisetifolia), Earleaf Acacia (Acacia auriculiformis); and any other plant indicated in Palm Beach County's list of prohibited species ("Prohibited Invasive Non-Native Vegetation". 1. Schinus herebenthin folus (Brazilian Pepper/Florida Holly Tree); 2. Melalouca leucadendron (Melaleuca); 3. Casuarina Spec (Australian Pine); 1. }.l.cacia auriculiformis (Eurleaf }~cacia); and 5. Palm Beach County's "prohibited plant species" list and "invasive non nati'le plant" listings. a. Conditions for removal: -h If the parcel of property is under two (2) acres in size, no permit or review by the city is required to remove the exotic tree species listed above in subsection fAj. A courtesy inspection and identification of exotic species may be performed by staff, at no cost to the property owner, upon request of the property owner. October 17. 2007 6 SITE DEVELOPMENT STANDARDS ;:!-; If the parcel of property is in excess of two (2) acres in size a permit is required to remove the exotic species listed above in subsection V.I.). Applications for permit shall be made to the development department. The permit information required of the applicant shall be of such form and design as set forth by the city forester/environmentalist. The permit application fee shall be thirty-five dollars ($35.00). The city forester/environmentalist shall review such permit applications and inspect the site to determine the location of exotics on the site and that the extent and removal method proposed is appropriate. b. D. Penalty for violation. Any person or organization, firm or eorporation convicted in a court of competent jurisdiction of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. 5. Seeding and Mulching. C. Seeding and mulehing. If no other building eonstruction is to occur on the site, after thc remo':al of the exotic species as approved, if the area cleared is not adequately cO'lered '.vith grasses within thirty (30) days, the disturbed m-eas shan be seeded and mulched. The seed and mulch shall be inspected by the crty forester to ensure adequate grormd eovera-ge and repeated applioations may be required umil satisfaetory coverage is obtained. All cleared or disturbed areas of a property shall be adequately covered with €ITass subsequent to the partial or complete development of a site. Seeding and mulching shall occur within 30 days (or within a timeframe as required by staff) after the removal of the prohibited, non-native plant material. Staff shall inspect the seeded and mulched areas to ensure that adequate ground coverage has been obtained. Repeated applications may be required until the satisfactory coverage is accomplished. 6. Disposal of Diseased Trees. Section 20. Disposal of diseased trees. Trees ':lhich are f-ound to be diseased by the city inspector, and to be in dang or of oontaminating othor trees or of spreading such tree iFlfection or disease, shall be removed and disposed of, if neoessary, T;;ithout undue delay and on an emergency basis, as the oircumstanoes may require. The lethal yelloT,ving of ooconut October 17, 2007 7 SITE DEVELOPMENT STANDARDS disease shall be considered such an emergency type of tree infection or disease. On an emergency basis, diseased trees or those in a condition that could potentially contaminate other trees shall be removed and destroyed without undue delay. The lethal yellowing of coconut palm trees is an example of such an emergency type of tree infection or disease. The Director of Planning and Zoning or designee shall determine those trees that are diseased or pose a threat to other trees. 7. Preservation Efforts. Section 22. N aturul grO'.vth to be preserved. !.:. Undeveloped property. Every effort shall be made to retain areas of put forth on all undeveloped property to retain particular area of natural vegetative cover that is determined by the Director of Planning and Zoning or designee eit;r inspector to be a fragile ecosystem, unique, valuable~ or nearly extinct in our area, unless it would unduly restrict the use of surrounding property or create a condition of undue hardship on the said-owner. b. Beach dunes. Section 23. Natural ':egetative cover on beach dunes. The natural vegetative cover on beach dunes shall be preserved in an undisturbed state of growth as a fragile ecosystem. Such beach dune vegetation, grass, sea grape~ and tree development shall be altered, removed~ or changed etHy in accordance Federal, State, County, and City \'lith the requirements ef..this aFtiel-e~ except as to nature trails, walks~ or pathways which may cross over same. c. Mangrove areas. Section 23.1. Preservation of mangro':e areas. Well-documented scientific research has established that mangrove areas are the ecological base of the biological food chain for many important species, including some species of fish that wftieft are important for sport and commercial fishing. Mangrove trees, which are of considerable aesthetic value. also serve as protection against storm surge as well as provide a habitat / shelter for birds and other wildlife. Mangro'/c trees also pro';ide a habitat and shelter for birds and other organisms and are possessed of considerable October 17, 2007 8 SITE DEVELOPMENT STANDARDS aesthetic ':alue as well as providing f-or a storm surge barrier. For these reasons, land development and construction thereon, should be consistent with maximum possible conservation of mangrove wetlands in accordance with Federal. State, County, and local regulations. 8. General Procedures. Section 21. Procedures of city inspector to be follov/ed. All necessary procedures outlined by the Director of Planning and Zoning or designee city inspector shall be followed in instances where the grade site is to be raised or lowered around an existing plant, where ditching for utilities, foundations, swimming pools, driveways or the like will severely cut root systems, or where large paved areas will delete the water supply and aeration necessary for the life of the tree or shrub, or where a change in the grade or drainage of development will seriously harm natural areas to be retained. In making this determination of the necessary procedure, the Director of Planning and Zoning or designee shall use "The Urban Forestry Manual (L)- Trees and Construction", United States Department of Agriculture Forest Service, 2005 edition or latest supplement thereof city inspector shall use the "Tree Protection Manual f-or Builders and De':elopers" to determine what is reasonable under the circumstances. E. Environmentallv Sensitive Lands "'\RTICLE IV. ENVIRONM:ENT"^~LL Y SENSITIVE LANDS 1. Purpose. Section 1. Permitting requirements, enyironmootal protection. The purpose of this subsection is to preserve and protect the values and functions of environmentally sensitive lands from alterations that would result in the loss of these lands or significant degradation of their values and functions. 2. Applicabilitv. This subsection applies to all properties that contain environmentally sensitive lands with an "A", "B", or "C" rating as pursuant to Table 2 of the Conservation Element of the Comprehensive Plan. 3. Permits Required. No person or organization shall alter, cut down, destroy, move or remove, or effectively destroy through damaging any tree or plant material located on environmentally sensitive lands. All applications for site plan or plat subdivision approval where October 17, 2007 9 SITE DEVELOPMENT STANDARDS proposed alterations of environmentally senSItIve lands occur shall be reviewed by staff during the Site plan (see Chapter 2, Article II. Section 5.F.8) and / or Clearing and Grubbing permit (Chapter 2, Article IV. Section l.A.) review process for evaluation the technical revie''v committee (TRC) for c';aluation. 4. Standards. Sec. 6. Preservation of natural resouroe sites. The following standards shall promote the preservation of natural resource sites: /\.. Prior to the development of any land \vhioh has been designated as either an "/.", "B" or "c" rated site in the conservation element of the city's oomprehensive plan, the proposed developer shall submit a detailed flora and fauna survey to the city. Re'liew shall be as provided in Sections 3, 1 and 5 above. !.: B-:- Ifthe property proposed for development is greater than teR-f101 acres in size. or is a portion of a larger tract containing 10 or more acres of environmentally sensitive lands and hus been designated as an "A" rated site, the developer shall be required to preserve a minimum of twenty-five f25%1 peroent of all native plant communities on the site in one (1) unified preserve. Habitat shall be preserved with intact canopy, under story and ground cover. b. G- lfthe property proposed for development is greater than teH-t 1 01 acres in size and has been designated as a "B" or "C" rated site, the developer shall be required to preserve a minimum of t\venty 4W-e--E25%1 of all native plant communities on the site. The preserve areas may be separated into micro preserves. Habitat shall be preserved with intact canopy, under story and ground cover. c. Natural resource sites identified in Table 2 of the Conservation Element of the Comprehensive Plan and that exceeds 10 acres in size shall be subiect to the 25% preserve area set aside notwithstanding subdivision into smaller parts. s.g. The specific location of the preservation area shall be determined during the October 17. 2007 10 SITE DEVELOPMENT STANDARDS review of a Master Plan or Site plan. If no Master Plan or Site Plan is required, then such determination shall occur during the review of the proposed plat. The ultimate area to be preserved shall be indicated on the approved plan and any corresponding plat follovling site sur/e)' and shall be identified in the site development order or permit. In determining the most appropriate location for the preserve area within the site, the City eity shall consider, in addition to other the following factors including but not limited to: ;-the proximity of the preserve area to developed and undeveloped property, the potential for immediate or future consolidation with environmentally sensitive lands on abutting properties surrounding the site, the ability to maintain the preserve area based upon surrounding development and land uses, and the recommendations of the city's professional staffand or consultants retained by the City outside oonsultants. The Preserve Area shall be maintained in accordance with a City approved Preserve Area Management Plan. E. Natural resourcc sitcs identified in table 2 of the consenration element of the city's comprehensive plan and 'Nhich exceed ten (10) acres in sizc shall be subject to the twenty five (25%) percent preserve area set aside notv,ithstanding subdiT/ision into smaller parcels. In the event of subdivision or partial development, the first paroel seeking development shall be required to satisfy the tvlcnty five (25%) percent reserve area set aside. (Ord. No. 96 30, ~ 1,5 21 96) F. Penalties. Section 27. Penalty. /\.. Any person or organization, society, association or corporation, or any agent or representatiT/e thereof, violating the provisions of any section ofthis article shall, upon conviction, receive a fine e.f up to fiT.'c hundred dollars ($500.00t and/or siKty (60t days in the county jail. The removal of each tree shall constitute a separate offense under this article. B-o Any person or organization that whe violates the provisions of this article shall be deemed guilty of a misdemeanor and the conviction thereof shall be grounds for the revocation or suspension of any permit granted for the construction or remodeling of any October] 7, 2007 11 October 17. 2007 SITE DEVELOPMENT STANDARDS building or structure on the site so involved. Section 28 30. Reserved. Section 2. Excavation and Fill Re2ulations CHAPTER 8 EXC^~ VA TION /~ND FILL REGULA nONS "^stichl I. In General Article II. Classifications /Jiicle III. Permitting /Jiicle IV. Construction /Jiicle V. Nuisance Abatement /Jiicle VI. Restoration Surety Section I. Short title. This section chapter may be referred to as the "Boynton Beach Excavation and Fill Regulations." A. General L Purpose and Intent. Section 2. Purpose and iffieB:t:. The purpose of this section chapter is to provide a set of regulations which govern the excavating, dredging, filling~ and / or grading dredging of materials on privately owned land within the City of Boynton Beach. It is intended that these regulations provide a minimum set of standards to be followed when excavating, dredging, fillin.g~ and/or grading dredging of materials is proposed within the city in order to protect the health, safety~ and welfare of current and future residents. The issuance of a permit by the city pursuant to this chapter shall not relieve any party from obtaining the necessary excavation, dredge and fill permits from other state, federal or local governmental agencies which have jurisdiction over the proposed fill, dredge or excavation, and it shall not permit the destruction of ocean front dunes which is strictly prohibited. See also Part III (Land Development Regulations), Chapter 4. Article L Section 1.C. LDR Chapter 7.5, /uticle I, Section 5R Part II {Code ofOrdinancesLChapter 10, Sections 10-23; 10-26(d) and 10-30; and Part III (Land Development Regulations), Chapter 3. i\rticle IV. Section l.H LDR Chapter 2, Section 1, paragraph N9. It is intended that requirements contained herein Chapter 8 apply to all excavating, dredging. filling~ and grading dredging activities whether they are performed as part ofthe improvements required in the platting process; when associated with simultaneous building construction; or when performed as a separate operation. Card. No. 96 58, ~ 1, 1 21 97) 12 SITE DEVELOPMENT STANDARDS 2. Administration. The City Engineer or designee shall coordinate, interpret and administer this section. 3. Applicability. Section 3. Scope. These regulations shall be applicable to all lands within the corporate limits of the City city of Bo)nton Beach. 4. Obiectives. Section 1. Objectives. The objectives of these regulations include; but are not limited to, the following: a. -A: To provide a maximum degree of safety and protection for the public through the orderly control of excavation operations; b. B. To mitigate nuisances and reduce the negative impact of excavation operation on the residents of Boynton Beach and the environment; ~ Go- To provide a living environment for future residents that of Boynton Beach \vhioh is relatively free from hazards which could result from misdirected excavation operations; iHtd d. f).; To provide for the orderly excavation of land consistent with the public health, safety and welfare-;-; and ~ E:- To prohibit land clearing practices that destroy native Florida ecosystems in whole or in part. (Ord. No. 96 58, ~ 2, 1 21 97) B. Classifications AR. TICLE II. CL\SSIFIC^~ TIONS ClassificatioN of aotiT,'ities. For the purpose ofthis section chapter, excavating, fillin& aBd-dredging, and grading activities are further classified as follows: .^.... Category 1 Activity involving the excavation and filling of materials not more than two (2) feet below existing grade with no materials moved beyond the project property lines. 1. Cate20rv 1. B. Category 2 Activity involving the excavation and/or filling of materials not more than two (2) feet below existing grade with excavated materials moved beyond the project property lines. October 17, 2007 13 SITE DEVELOPMENT STANDARDS 2. Cate20rv 2. C. Category 3 Activity involving the excavation and filling of materials more than two (2) feet below existing grade or excavation below the water table with no materials moved beyond the project property lines. 3. Cate20rv 3. D. Category 1 Activity involving the excavation of materials more than two (2) feet below existing grade or excavation beyond the water table with materials being moved beyond the project property lines. E. Category 5 l.l.ctiTlity invoh'ing less than one hundred cubic yards of dredged material "yith no materials moved beyond the project property lines. F. Category 6 l~ctivity involving either one hundred cubic yards of dredged material or movement of any quantity or dredged material beyond project property lines. (Ord. No. 96 58, ~ 3, 1 21 97) C. Permits Required. An excavation permit shall be secured through the City Engineer for the movement of materials classified in this section, in accordance with Chapter 2, Article III. Section 5. 2. Revic'.Ys. a. Commission reT;iev;. (1) '\Then required. The applicant must secure approval of the City Commission for all work which includes the moving of more than 1,000 cubic yards of materials beyond the project property lines. Exception: work associated with plat approval does not require second Commission approval; however, a permit shall still be secured through the City Encineer city engineer for the movement of stated materials. D. Exemptions. D. Exemptions. Single family A single- family or and duplex residential lots-are is hereby exempt from securing a separate permit pursuant to this section "\rticle. (Gffh No. 96 58, ~ 1, 1 21 97; Ord. No. 02 033, ~~ 3,1, 8 ')0 02: Ord. No. 03 018, ~~ 1 3,63 03) E. Standards. ARTICLE IV. CONSTRUCTION The following standards shall apply to all applications for "Excavation and Fill Permits": 1. Water Bodies. A: Creation of water bodies. In instances involving the creation of water bodies as a result of excavating materials, work shall comply with the October 17. 2007 14 SITE DEVELOPMENT STANDARDS requirements of the South Florida Water Management District (SFWMD) water management district except the City city may impose more stringent requirements when judged to be in the public interest. Those requirements include but are not limited to littoral and upland plantings in accordance with Chapter 4, Article II, Section 3.A.9. +ft.e.se requirements include, but are not limited to, the planting of fifty (50) per cent of the lake perimeter ..lith appro'led littoral and upland plantings. All water bodies such as lakes, canals, and other stormwater detention areas used for storm water management shall be placed in water management tracts shown on recordable documents, and dedicated to the entity responsible for their maintenance. All water management tracts shall be constructed in accordance with City eity standards. The ownership and maintenance responsibility for drainage facilities, including lakes, shall be clearly stated in documents recorded in the County Clerk's county clerk's records. Official copies of the recorded documents will be given to the City eity prior to issuance of a certificate of completion. 2. Inspections. B. Inspections and reports. 1. Inspections by city. In connection with the administration of this section chapter, inspections shall be requested by the developer as prescribed by the direotor of development aftEl..,L er--the City Engineer. city engineer or his designee if the construction is part of a land development permit, or by the city engineer if the construction is for excavation, filling and ,I or dredging or f{)r work within the public right of '.vay, and '.vill become a part of the final record of the project for 'Nhich the permit is applicable. 3. Reports. 2. Required reports. A certified report shall be submitted each month by the applicant's Florida registered engineer. Each report shall certify that the work is (or is not) conforming with the requirements of the permit. If the work is not in conformance, then the report must list each item of work not consistent with the stipulations of the permit and the remedial action that the engineer has taken concerning each item. October] 7, 2007 15 SITE DEVELOPMENT STANDARDS 4. Miti2ation. E. Mitigation. If building construction on the site is to be delayed more than thirty 60 days after the site is cleared or partially cleared, all disturbed portions of the site shall be seeded and mulched as described in Chapter 4, Article L Section 1.E.5 Chapter 7.5, ,^,..rticle I, Section 19.C. The intention of this paragraph is to provide adequate ground cover to all portions of a disturbed site until permanent ground cover is installed. "^~RTICLE V. NUIS}~NCE AR^~TEMENT The applicant shall control blowing sand, dust and other airborne particulate matter during clearing, grubbing, excavation and filling and until such time as permanent ground cover is installed. All Melaleuca, Brazilian Pepper and Australian Pine which occurs on the site shall be removed. 5. Archeolo2ical Artifacts. F. Disco"'6f)' of archeological artifacts. Construction must immediately cease upon discovery of archeological artifacts, and certified notification must be forwarded within 24 hours to the Division of Archives, History and Records Management, Florida Department of State. Artifacts must be protected by the developer to the satisfaction of the division prior to recommencement of constructionjn the immediate area of the discovery. (Ord. No. 96 58, ~ 5, 1 21 97; Ord. No. 02 033, ~ 1, 8 20 02; Ord. No. 03 018, H 1 3,6 3 03) Section 1. Clearing, grading, filling. Grade, excavate and/or fill to comply v/ith this chapter, taking into consideration the existing and future grade of adjacent properties and rights of '.vay. Prior to commencement of any construction activity on the site, a reclamation plan in compliance Chapter 8, }uticlc III, Section /~, paragraph 1 a, shall be approved by the city engineer. Clear all rights of 'l/ay and make all grades for streets, alleys, lots, water tracts and other areas compatible for drainage as prescribed in the drainage design. Type of fill ','/ithin dedicated rights of v/ay and other dedicated land shall be satisfactory to the city engineer, based on soil tests provided and paid for by the developer, v;ho shall certify as to the type of material and method of placement. In the interest of the preservation of existing trees and other natural beauty, the city engineer, follo'Ning consultation ','/ith the city forester, may ','nT)' the roquirements of this section where aesthetic and en','ironmental conditions will be enhanced but 'Nill not affect proper drainage of the area. October 17. 2007 16 SITE DEVELOPMENT STANDARDS Blov/ing sand, dust and other airborne particulate matter shall be controlled in compliance '.'lith Chapter 7.5, }uticle I, Section 19C. Remove all Melaleuca, Brazilian Pepper and Australian Pine. (Ord. No. 96 56, ~ 1, 1 21 97; Ord. No. 02 033, H 3, 1, 8 20 02) F. Restoration Surety i\RTICLE VI. RESTOP~\TION SURETY Applicant must submit surety as outlined in Chapter 2, Article II, Section 17 Chapter 7 in the amount of one hundred ten (110) per cent ofthe engineer's certified cost for work according to this section. The City shall, at all times, have the authority to draw upon the surety and complete the work should the applicant be in default of the permit requirements restoring the site to its original condition including, but not limited to, repair of access/haul routes; seed; sod; trees and utilities. G. Violations. Stoppage ofVlork. C. Stoppage of weflt Failure to comply with the approved plans of record shall result in an order to stop work from ettheF the City Engineer director of development or the city engineer or their designee. D. Violations. In addition to the remedy afforded in this section .^uticle IV. C, the city may enforce the provisions of this chapter as follows: 1. Violation of the provisions of this chapter shall be a misdemeanor of the second degree punishable by up to sHay f601 days in jail and/or a five hundred dollar ($500.001 fine and the city may prosecute violation of this chapter as such. 2. The city may seek a mandatory injunction with the circuit court of the Fifteenth Judicial Circuit Court in and for Palm Beach County to enjoin violations of this chapter. Upon any violation of this chapter, the court shall have the power to enjoin said nuisance by injunction and may require . that the land upon which the violation has been committed be returned to its condition prior to the illegal excavation or as close thereto as reasonably possible. Further, any party creating the nuisance pursuant to this chapter shall be responsible for all City's eity!s costs including attorney's fees for bringing the injunction action pursuant to this section. s:\Planning\Zoning Code Update\LDR Rewrite\Part lll\Chapters\Chapter 4 Site Development Standards\Final\Article I Environmental Protection Standards.doc October] 7, 2007 17 SITE DEVELOPMENT STANDARDS ARTICLE II. LANDSCAPE DESIGN AND BUFFERING STANDARDS ARTICLE II. L\NDSC\PE CODE Section 1. Short title. This article shall be known and may be cited as the "Boynton Beach Landscape Code." (Ord. No. 00 51, ~ 2, 10 1 00) Section 1. General A. Purpose and Intent. It is the purpose of this article to protect and improve the appearance and character of the community by increasing the quality of landscaping visible from public or private streets and adiacent properties; to increase the durability of landscape material in order to withstand environmental hazards such as hurricanes; to conserve valuable energy and water; and to ensure the quality installation and maintenance of landscaping. The specific obiectives ofthis article are as follows: 1. Appearance. To improve the aesthetic appearance of development through creative landscaping that helps to enhance the natural and built environment; 2. Environment. To improve the environment by maintaining permeable land area essential to surface water management and aquifer recharge; reducing and reversing air, noise. heat and chemical pollution through the biological filtering capacities of trees and other vegetation; promoting energy conservation through the creation of shade; and reducing heat gain in or on buildings or paved surfaces; 3. Water Conservation. To promote water conservation by requiring the use of native and drought tolerant landscape material; promoting the use of water conserving irrigation practices; and requiring adherence to landscape installation standards and maintenance procedures that promote water conservation; 4. Preservation. To encourage the preservation and planting of native trees and vegetation as part of landscape design; 5. Compatibilitv. To improve compatibility of land uses through the strategic placement and quantity of landscape material; October 17, 2007 - 1 - SITE DEVELOPMENT STANDARDS 6. Land V alue. To maintain and increase the value of land by requiring landscaping: that where installed and maintained properly, becomes a capital asset. 7. Human Value. To provide physical and psychological benefits to persons and to reduce noise and glare by softening the harsher visual aspect of development. Section 2. Declaration of purpose and intent. It is the purpose and intent of this article to improve the appearance of certain setback and yard areas inoluding off street vehicular parking and open lot sales and servioe areas in Boynton Beach; to protoct and preserve the appearance, character und value of the surrounding neighborhoods and to preserve encrgy and thereby promote the general vlelfare by providing for installation and maintenance of landsoaping for screening and elimination of visual pollution, and where possible that the landsoaping to be provided as a result of this artiole be constructed in a manner TNhich will reduce the demand for energy olHTently and in the future, since the City Commission finds that the peouliar characteristics and qualities of Bo)nton Beach justify regulations to perpetuate the appeal of its natural visual pollution free environment. (Ord. No. 0051, S 2, 10 1 00) Section 3. Construction oflanguage and definitions. "^~. Rules for oonstruotion of language. The follO'.ving rules of construotion shall apply to the text ofthis article. 1. The partioular shall oontrol the general. 2. In case of any differenoes of meaning or implioation bet\yeen the text of this code and any caption, illustration, summary table or illustrative table, the text shall control. 3. The w'ord "shall" is always mandatory and not discretionary. The word "may" is permissive. 1. '.V ords used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. 5. A "building" or "struoture" includes any part thereof. 6. The phrase "used for" inoludes "arranged for," "designed for," "maintained for" or "occupied for." October 17, 2007 - 2 - SItE DEVELOPMENT STANDARDS 7. The y/ord "person" includes an indi'lidual, a corporation, a partnership, an incorporated association, or any other similar entity. 8. Unless the context elearlyiFldicates the contrary, where a regulatioFl im'ohes tv/o (2) or more items, conditions, provisions or e'loots connected by the conjunction "and", "or," or "either...or," the conj1:lfletion shall be interpreted as follo'.vs: a. ""'\nd" indieates that all the connected items, oonditions, provisions or evoots shall apply, b. "Or" indicates that the eonneeted items, conditions, provisions or e'.'oots shan apply. c. "Either...or" indieates that the connected items, oonditions, provisions or eT,'ents shaH apply singularly hut not in combination. 9. The worJ "includes" shall not limit the term to the specified examples, h1:lt is intendeEl to eJ(tend its meaning to all other instances or eiroomstances oflilce kind or character. B. Administration. The Director of Planning and Zoning or designee shall coordinate, interpret, and administer this article. Section 9. "^~dmiRistration and interpretation of code regulations and pr{)T/isions. .^... The interpretation and applieation of the regulations and provisions of this code by the developmoot department shall be reasonable and 1:lfliformly applied to an property within the jurisdietion of BO)'Rton Beach. B. The regulations and pro'lisioRs of this code shall be held to be the minimum requirements adopted for the protection and promotion oftRc public health, safety, eomfort, oon'l6niooce, order, appearance, prosperity or general welfare. C. "\"hooever the regalations and requirements of this eode are at Tlarianee with the reql:lirements of any other la':lfully enacted and adopted rules, rcgt:Ilations, ordinances or lavls, the most restriotiT/e shall apply. (Ord. No. 00 51, ~ 2, 10 1 00) October 17, 2007 C. Applicability. The provisions of this article shall be considered the minimum standards and shall apply to new - 3 - October 17, 2007 SITE DEVELOPMENT STANDARDS construction, maim modifications to existing sites, and newly created landscaped areas where compliance with regulations does not decrease conformance with parking regulations. Section 8. Applicability of landscape ordinance and other regulations. A. This artiole shall apply conourrently and in direct relation to the rcquiremen-ts and regulations ofthe zoning code ofBo)nton Beach. These regulations apply to new construction, major modifications to existing sites, afld nev/ly landscaped areas \",here oompliance \\ith regulations does not decrease conformance ':lith parking regulations. These regulations shall apply to all zoning districts exeept planned zoning districts, and as noted herein exeept for detached single family homes or daplexes. B. Lafldscaping ',vithin PUD, IPUD, PCD and PID Zoning Distriots. Planned zoning districts are intended to alIa',\' for flexi-l3i1ity in required landscaping but shall meet the intent of these regulations regarding perimeter, efltraflce, signage and building landseaping; lake plafltings; plaming speoifications and methods; and signature trees. (Ord. No. 00 51, S 2, 10 1 00) D. Exemptions. The following are exempt from the standards and requirements of this article: L A single-family or duplex dwelling unit on an individually platted lot within a single-family or two-family residential district. However, all improvements are sub;ect to the standards of Section 3 .A.12., pertaining to heights of hedges: 2. Off-street parking and circulation areas located within an enclosed parking structure: and 3. Public improvements, such as schools, parks, streets, and medians, having separate design requirements re~lated by other agencies. However, these improvements should be designed to meet the intent of these standards without strict adherence thereto. E. Conflict. Whenever the regulations and requirements of this code are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances, or laws. the most restrictive shall apply, unless otherwise stated herein. F. Relief from Standards. Unless described otherwise in this article, any deviation from these landscape standards shall require a variance, which is sub;ect to review and approval by the - 4 - SITE DEVELOPMENT STANDARDS City Commission. A request for a variance shall be reviewed in accordance with Chapter 2, Article II, Section 11. G. Tvpes of Plans. No landscape material or vegetation may be installed. relocated, or removed without first securing the necessary approvals and permits, unless approved other wise by the Director of Planning and Zoning or designee. Section 6. LW'ldseape plan appr-<)';al. 1. Landscape Plan. A landscape plan is required for non-residential developments, multi-family developments greater than two (2) units, and planned unit developments. It shall be submitted as a component of the site plan review process and approved prior to the issuance of any building permits. The contents and information required on the Landscape Plan shall be in accordance with Chapter 2. Article II. Section 5.F.3. !!.: Tree Survey. A tree survey of all existing trees on-site shall be included with submittal of a landscape plan. unless deemed unnecessary by the Director of Planning and Zoning. The tree survey shall identify trees which merit protection because of their value in the landscape, and areas in which there - is a need for tree planting in order to maintain existing tree cover. to screen unattractive views. and to enhance amenity areas. b. Tree Mana2ement Plan. A Tree Management Plan shall be submitted as a separate plan or may be combined with the tree survey. All trees to be removed from the site shall be indicated on the plan and accompanied by iustification for removal. All trees to be relocated from one area to another area on-site shall be indicated on the plan with existing and proposed locations. and reason for relocation noted. 2. Irri2ation Plan. An Irrigation Plan must be approved by staff prior to the issuance of an irrigation permit. which is required as part of any landscape permit. The contents and information indicated on the Irrigation Plan shall be in accordance with the irrigation permit (Chapter 2, Article IV, Section 3). October] 7,2007 Except for siEgle family dwelliEgs, prior to the issuance of any building peRRit or certifieate of oee-upancy, under the - 5 - October 17. 2007 SITE DEVELOPMENT STANDARDS pro'.'isions of this article and the Boynton Beach Building Code, except for minor modifications a landscape plan shall be submitted to and approT.'ed by the planning and development board. The landscape plan shall be dra'1,'n to scale, including dirn.ensions and distances, and delineate the existing and proposed parking spaces or other vehicular use areas, access, aisles, dri'le '.yays, sprinklers or vlater outlet locations, and the location, size and description of all' other landscape materials, the location and size of building if any to be served, and shall designate by name and locating the plant material to be installed or, if existing, to be used in accordance v/ith the requirements hereof. There shall be an application fee as adopted by resolution of the City Commission for landscape plan approval. No landscape permit, building permit or certificate of occupancy shall be issued for such building or paving unless such landscape plot plan complies with the provisions herein. No landscaping shall be installed \yithout a landscape permit. All inspections to determine compliance with the approved site plan shall be conducted by the development department. (Ord. No. 00 51, S 2,10 1 00) Section 2. Landscape Desi2n Principles. The following design principles shall be applied in conlunction with the design and buffering standards ofthis article: A. Natural Landscapes. Landscape designs should preserve and enhance existing natural landscapes, specimen trees, and native vegetation. Where previous landscaping has dramatically altered natural landscapes, new designs should fe-establish original landscape patterns and plantings. B. Composition. The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arran~ed. Landscape materials should be arranged in a manner as to provide textured appearance and contrasting color through the use of a variety of plant materials. The three-dimensional form of the landscaping should be considered, so that the final design presents a coherent whole. Co Bufferin2 and Screenin2. The use of natural landscape materials (trees, shrubs, hedges) is preferred over the sole use of human-made materials, such as buffer walls and fences. for buffering differing land uses, for providing a transition between abutting properties, and for screening the view of any parking, storage, or service areas visible from a public street or pedestrian area. - 6 - SITE DEVELOPMENT STANDARDS D. Responsive to Local Character. Landscape designs should build on the unique physical characteristics of the site and general area, conserving and complementing existing natural features. Naturalistic design elements such as staggered plant spacing, undulating berm contours, and mixed proportions of plant species should be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. E. Use of Drou2ht Resistant and Native Plants. Landscape designs should utilize drought tolerant plant materials to the maximum extent feasible. The use of drought- tolerant plants should enrich the existing landscape character, conserve water and energy. and provide as pleasant and varied a visual appearance as plants that require more water. Landscape designs should feature native and/or related plant species, especially in areas adiacent to existing native vegetation, to take advantage of the unique natural character and diversity of the region and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. F. Continuity and Connection. Landscaping should be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Whether the design intent and surrounding landscape is naturalistic or formaL plant materials and design should blend well with adiacent properties. particularly where property edges meet. to create a seamless and natural landscape. G. Enhancin2 Architecture. Landscape designs should be compatible with and enhance the architectural character, features, and scale of the buildings on site, and help relate the building to the surrounding landscape. Maior landscape elements should be designed to complement architectural elevations and rooflines, through color, texture, density, and form on both vertical and horizontal planes. H. Ener2V Conservation and Sustainable Desi2n. Attention should be given to locating landscape elements in a manner that supports energy conservation. Large tree canopies should be utilized to provide daytime shading for buildings, reducing energy consumed for interior air conditioning. Landscape designs should also consider natural drainage features and the use of pervious surfaces and areas to minimize storm water runoff. October] 7, 2007 - 7 - October 17. 2007 SITE DEVELOPMENT STANDARDS I. Quality Pedestrian Environment. Landscape desiws should give special attention to ensure a safe and attractive pedestrian environment. In high activity areas. such as commercial and workplace settings, benches, kiosks, artwork, and other streetscape elements should be incorporated into landscape desiws. Pedestrian access to sidewalks or buildings should be considered in all landscape designs, with special consideration of pedestrian sightlines, especially at crosswalks. Section 3. Standards. It is the obiective ofthis section to provide landscaping standards tailored to distinct geographic areas of the City to ensure that the type. Quantity, and size of required material is commensurate with the type. intensity, scale. and location of new development and particularly consistent with vehicular movement. streets cape design, pedestrian habits and routes, and design relationship between proiects. The intent ofthese standards is to promote a landscape design pattern that is functional, practical. equitable, and creative. Section 1. Landscaping requirements for certain yard areas and off street parking and other T,'ehieular use areas. .^JI areas used for a display or parking of any afld all t)'fles of vooicles, Boats or construction equipment, whether sueh vehicles, boats or equipment are self propelled or not, 8:Rd all land upon which vehicles tra'lerse the property as a function of the primary use, hereinafter referred to an "other vehicular uses," including but not limited to activities of a drive in nature such as filling stations, grocery 8:Rd dairy stores, banks, restaurants, ne'.'.' and used car lots, multifamily und cluster housing, and the like, shall conform to the minimum landscaping rcquircments provided herein, eJwept areas used for parking or other vehicular uses rmder, on, or withia Buildings, and parking areas serving single family dwellings since s-ueh residential areas are normally voluntarily landscaped. COrd. No. 00 51, ~ 2, 10 1 00) A. Citv- Wide Standards. The followinQ standards shall apply to all properties in the City, except for those exempted in Section I.D of this article: 1. Native and Drou2ht Tolerant Species. Plant materials to be used are limited to those classified as "dry" and "moist" in the publication "Waterwise South Florida Landscapes". published by the South Florida Water Management District (SFWMD). To the maximum extent possible, plant selection should emphasize native plants. }2.; Native species. Upon meeting the requirem.ents of other scctions of the landscape code, fifty (50) percent of site landscape materials must be native species. - 8 - SITE DEVELOPMENT STANDARDS 2. Prohibited Species. Plants classified as a Category I species on the current prohibited list published by the Florida Exotic Plant Council is not allowed within the City. The initial eradication and onl!oinl! removal of prohibited plant species that have become nuisances because of their tendency to disrupt or destroy native ecosystems is promoted herein. 3. Plant Material. C. Plant material. 1. Quality. All plant Pf.affi materials used in conformance with provisions of this article shall conform to the Standards for Florida No.1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Sod Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be deliT:eroo to the job site in bags with Florida Department of /...gri0ultw"e tags attached indieating the seed gro':;ers compliance with the agriooltU:ral department's quality control program. !: Trees. The caliper of all trees, except for palms and those trees classified as a development's "signature tree" (see subparagraph "(1)" below) shall be a minimum of four (4) inches at the time of installation. The caliper shall be measured no hil!her than six (6) inches above the ground. No minimum caliper size is required for palm trees. However. palm trees shall have a minimum of six (6) feet of clear wood at the time of planting. October 17,2007 - 9 - SITE DEVELOPMENT STANDARDS ... October 17, 2007 - 10 - C~6al wood until min G ill Signature Tree. A signature tree shall be installed at both sides of a development's entrance (ingress). The caliper of a development's signature tree shall be a minimum of one (1) inch at the time of installation. Signature trees. if sized with a caliper ofless than four (4) inches at the time of installation, cannot count toward meeting the minimum number of trees required on-site. Signature trees include the following species: (i) Purple Glory Tree (Tibouchina zranulosa); (ii) Yellow stans): Elder (Tecoma (iii) Bougainvillea (Bouf!ainvillea ); (iv) Glaucous Cassia: (Cassia surattensis): and (v) Orange or White Geiger (Cordia sebestena or boissieri). SITE DEVELOPMENT STANDARDS (2) Species. The minimum number of different species of trees provided shall be as follows: ill. Table 4-1 Tree Species. Number of Trees Number of Required Provided Tree Species 1-5 1 6-10 2 11-30 3 31-60 4 61-100 5 101 and over 6 (ii) Signature trees. if sized with a caliper offour (4) inches or greater at the time of installation, may count towards meeting the minimum number of required species of trees. The caliper shall be measured no higher than six (6) inches above the ~ound: and (iii) Palm species. in a cluster of three (3) trees with varying heights. shall represent the equivalent of one (1) canopy tree. October] 7, 2007 2. Trees: gooem1 requirements. Trees shall be species haT,ing an a';erage matm"e spread of eroV:R in BO)'fltOfl Beach of grcater than fifteen (15) feet and haviRg trunk(s) \..tHeh CaE. be maintained in a e1ean condition over five (5) feet of e1elH' 'lIood. Trees having an a'lerage mature spread of eFO\VR less than fifteen (15) feet mirY be substituted by gro~iflg the SiHllC so as to create the equi';alent of a fifteen foot Ci"O'llfl spread. Palms shall be considered trees and exempt from the fifteen foot e-ro';m spread eriterion. Tree species (e-xcluding signatm"e trees) shall be a minimum oftvlelve (12) feet overall in heigiit when planted, with a minimum caliper of 3 inc-hes. I.. signature tree is a tree T,vith blossoms or natural color other than green intended to beautify project entrances and contribute to the city's image '.'lith this eleFIleHt of aesthetic l:lf1if{)rmity. Signature trees - ]] - October 17, 2007 SITE DEVELOPMENT STANDARDS include Yello'l,' Elder, Tibouehina Granulosa, and Bougain','illea. Trees (see list belmv) vlith roots kno'.vn to cause damage to public roadways or other public ',vorb, such as Ficus species, shall not be planted. The follo'Ning exotic (nonnati','e) tree species shall not be planted as part of any proposed landscape plan. Deemed as "invader species" in South Florida and the reasons to prohibit them include: Shallo',v roots "'lhich make them susceptible to wind damage (hurricanes); that they gro',v in dense stands crowding out native vegetation; they create monoculture (single tree species) that exclude most wildlife; they have poor quality vlood of no commercial value; can cause serious health problems to allergic individuals, and they are prolific propagators that encroach into native vegetati'/e areas. Those trees declared to be oxotic and nonnative are: All of the Casuarina Species; Brazilian Pepper (Florida Holly); Schenius lerebinthifolius Melaleuca (Punk Tree); Melaleuca quinquenervia. b. Shrubs and Hed2es. 4. Shrubs and hedges. Shrubs and hedges shall be planted a minimum of twenty four (241 inches in height, twenty four (241 inches in spread and planted with tip-to-tip spacing measured immediately after planting to form a continuous opaque landscape barrier within one (1) year adequately cover the planted areas on the site. The minimum hedge height may be reduced to 18 inches if planted in coniunction with a berm where the minimum combined height is 36 inches. 6. Ground cover. Ground co'/ers, either vegetative or nonliving, used in whole or pwi shall present a finished appearance and reasonably complete oOTlerage within three (3) months after planting. Ho','{eT{er, ",{hen slow maturing ground oovers are used, they shall be mule-hed. - 12 - SITE DEVELOPMENT STANDARDS f.: Vines. 5. Vines. Vines shall be a minimum of two (2) feet in height, spaced five (5) feet apart immediately after planting. Vines may be and may be used in conjunction with fences, screens and / or walls to contribute towards meeting meet physical screening barrier requirements as specified and be a minimum of fi'/e (5) feet on the oenter. d. Lawn. The use of sod shall be restricted to large park-like areas available for passive or active recreation Purposes, or within areas intended for drainage and storm water management (i.e. swales, retention, detention areas). Based on appropriate plant selection and design, and surface grade, plants should be used in lieu of sod as a ground cover to stabilize soil. minimize runoff and soil erosion. and promote percolation of storm water. Therefore, the use of plant material that fulfill the intent of this subparagraph are preferred over the use of sod as a method to control soil erosion and slope stabilization. 7. Lav/fl grass. Grass areas shall be planted in species normally grov.'R as permanent lavllls in Boynton Beach. Gi-ass aroas may be sodded, plugged, sprigged or seeded except that solid sod or other aoceptable erosion cORtTDI measures shall be used in swales or other an:Jas subject to erosion. In areas where other than solid sod or grass seed is used betvleen the mORths of October and Maroh, nl:H'scgrass seed shall be SOVlll for immediate effoet and proteotion until coverage is otherwise achievod. 4. Existin2 Plant Material. Existing healthy plant material. in part or in whole, may count toward required plant material if such use furthers the obiectives of this article regarding preservation, water conservation, and beautification. I. EKisting plant material. In instanoes v/here healthy plant material mdsts on a site prior to its de'lelopmoot, in part or in ':.'hole, , for purposos of off street parking or other vehicular use areas, the department may adjust the application of the above mootioned standards to allo'N credit for such plant material if, in its opinion, such an adjustm.oot is in keeping '.vith and will preserve the intent of this articlc. October 17, 2007 5. Water Source. To conserve water. potable water is not to be used for irrigation Purposes. Instead, - 13 - October 17. 2007 SITE DEVELOPMENT STANDARDS alternative sources of water shall be used for 1m gating landscaping materials such as well water. and/or reclaimed water where available and to be used in compliance with City and County regulations. Where ground water is not available of the quality necessary for irrigation purposes. and other preferable sources are not available. potable may be used in accordance with the following requirements: a. Approval is obtained from the Department of Utilities; b. The site irrigation system must be designed to only use a restricted number of gallons per month (water bill); c. The site irrigation system must be designed to automatically remove all established trees off watering at the end of year one; d. The site irrigation system must be designed for simple removal of all established trees on separate zones from watering at the end of the first vear; ~ All trees, shrubs. and plants (no sod) used in the site landscape design must be identified as having low watering needs in the South Florida Water Management District's "Waterwise" publication: and f:. Landscape and irrigation improvements must be inspected annually for compliance with these requirements. 6. Irri2ation. All landscaped areas shall be provided with an automatic water supply system as approved through an irrigation permit (see Chapter 2. Article IV. Section 3). Irrigation systems shall be designed as follows: !.: To promote water conservation. landscape (bedding) areas shall be designed on separate zones by plant drought tolerances. All trees shall contain drip bubblers and be on a separate zone; - 14 - SITE DEVELOPMENT STANDARDS b. Reused water may be required if a main supply is within 500 feet of the site and permitted by the Palm Beach County Health Department; S The irrigation system must contain a rain gauge; d. Natural areas and native ve~etation, which remain undisturbed by development. may be excluded :from receiving irrigation; !h Irrigation is not required for landscaped areas that have been entirely planted with drought tolerant species, once established and approved by the City. However, irrigation systems must be kept in operation at all times. (3) Tree Irrigation. (a) Irritation systems shall be installed to service all trees and other landscape materials. (b) Irrigation systems shall be in ElPeFable condition at all time&.- 7. Installation. A. Installation. A1llandscaping - - shall be installed in accordance with a landscape permit and in a competent manner according to certified planting procedures with the quality of plant materials as hereinafter described sound worlaRanlike manneF and aceordiBg to accepted good planting pFElCed-1:1res ':/ith the quality of plant materials as hereinafter deseribed. (All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements). .!: Vehicular Encroachment. Landscaped areas shall require protection from vehicular encroachment by wheel stops, curbs, and / or decorative bollards. All landscaped areas with trees adiacent to sidewalks or vehicular use areas may require the use of root deflector products to prevent damage from root growth. All landscape areas containing trees and vegetation shall be first filled with City inspected clean fill (soil). October] 7,2007 b. Clean Fill. All planted areas on the site shall first be filled with clean fill to a depth of one (1) foot :from the surface along the entire length of the green space, island. or landscape buffer. - 15 - SITE DEVELOPMENT STANDARDS ~ Inspection. The City shall inspect all clean fill, irrigation systems, and landscape improvements prior to installation. No temporary certificate of occupancy will be issued until the clean fill, irrigation, and landscaping improvements meet the requirements provided herein or the applicant submits surety for 110% of the value of the incomplete clean fill / landscape / irrigation improvements. Surety will be released upon completion and inspection of incomplete improvements. /& inspec-tor from the city de'lelopment department shall inspect all landscaping and no certificates of oceupancy and use or similar authorization will be issued unless the landscaping meets the requirem:eBts provided herein. All landscaped areas shall be provided \vith an automatic irrigation water supply system. EJweption: Irrigation is not required fDr areas fully Keflsoaped and approved by the City urbiHl forester. Reuse vlater may be used ',','here available and permitted by the Palm Beach County Health Department. (d) Upon inspection by the City Forester, any trees found to be in declining condition shall be replaced within tllirty (30) days. 8. Mulch (Non-livin2 Plantin2s). Planting areas shall be mulched to a minimum depth of three (3) inches at the time of inspection and maintained at this depth thereafter. No Cypress mulch shall be used. All mulch material shall be free of seeds and weeds to prevent tree sprouting and regrowth. 8. Muloh other than Cypress shall be used and maintained for landscaping plHfloses. 9. Upland Buffer / Littoral Plantin2s R. Upland buffer/littoral plantings. Lake and retention areas in excess of one-half (Y:i.) acre shall be areas (reteRtion ponds) in excess of one aere in area shall be planted to create a habitat that provides the optimal environment for upland and / or aquatic and other species. Lakes, ponds. and rentention areas provided for new construction or major modifications of existing projects shall be planted as follows: !: -h To occupy a minimum of 50% oflake perimeter with littoral plantings; October 17. 2007 . 16 . SITE DEVELOPMENT STANDARDS b. To occupy a mInImUm of 50% of lake perimeter with upland plantings contiguous with the littoral plantings; ~ ~ To consist of a minimum of 10 square feet of littoral shelf per one (1) linear foot of shoreline, using five (5) different native plant species (littoral plantings)~; d. ~ To consist of a minimum of one (1} native tree, 25 native shrubs using two (2) species, and 10 native ferns and ground cover plant species (upland plantings) per 50 feet oflineai" lake frontage; and ~ 4:- All vegetation installed contiguous, at a minimum of three to one {3:l} baH:k slope, 100% appropriate native vegetation, installed with proper spacing for full coverage of littoral shelf areas within one (1 ) year. All littoral and upland plantings established consistent with these standards shall be installed, maintained, and reported quarterly to the Director of Planning and Zoning or designee for a period of two (2) years by a natural areas certified contractor in accordance with a management plan approved by the.Jd!y eity at the time of site plan approval or permitting. 10. Landscapin2 within Easements. All easement locations and specific types of easement shall be identified on the landscape plan. Easements may overlap a required landscape strip or perimeter buffer by a maximum of five (5) feet. However, detention / retention areas, drainage easements, and sloped directional swales greater than one (1) foot below finished grade, shall not be located in or overlap required landscaped areas, unless otherwise approved in writing by the City Engineer and the Director of Development, or their designee. Where the conflict between easements and landscape strips or perimeter buffers is unavoidable, the strips and buffers may be separated from the property boundary by the easement, if all requirements and objectives for screening / buffering are met. Shrub and tree selections shall be based on root characteristics and size restrictions as described in "Waterwise", a publication of the South Florida Water Management District. and in "Plant the October 17, 2007 - 17 - October 17, 2007 SITE DEVELOPMENT STANDARDS Right Tree in the Right Place". as published by the Florida Power & Light Company. ~ All trees planted in or in close proximity to an easement shall be installed consistent with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Lighting. b. Landscape strips and buffers shall be required to extend a minimum of five (5) feet beyond the easement for planting the largest canopy tree possible as allowed by FPL and City standards. If a buffer wall with a continuous footer is used. a minimum often (10) feet outside of the easement for planting is required. S The abutting easement shall be entirely planted with shrubs and trees according to a design similar to the adioining or overlapping landscape strip or buffer. d. Roots and branches of trees shall not impact existing underground or overhead utilities and infrastructure. Trees planted in close proximity to easements shall be the largest possible and selected to avoid aggressive root systems. Root barriers shall be required to protect nearby underground infrastructure and parking lots and curbing. ~ Trees shall be maintained so that the mature tree canopy is a minimum of ten (10) feet from overhead lines. S. Landscaping; "vitllin easements. Consistent \'lith Chapter 1, }uticle I, Section 1.C.1 Chapter 7.5, /\rticle I, Section 18.1, tree species placed with-in utility casements shall be oonsisteBt '..Yith the Ene:iacering Desien Haflaaook and Construction Standards for Landsca13ing, Irri~atiof1 & Li~htine: limited to pal-m trees. Trees 13laced outside of casemeBts so that roots afld branches do not im13act existing utilities require appro'/al of the Director of Utilities and must be oonsisteBt with the plaBting widelines of Florida Power and Li~ Utility "Riaht Tree Right Plaee" doc1:1ffient. Canopy trees shall be planted omside of easements so that roots and branches do not impact existing; utilities unless approved by the Utilities Director and consistent 'sith planting; guidelines of Florida Power & Light Utility. (Ord. - 18 - SITE DEVELOPMENT STANDARDS No. 96 57, ~ 2, 1 21 97; Ord. No. 00 51, S 2, 10 '1 00; Ord. No. 03 018, ~S 1 3,63 03) !!.: Landscapin2 within Ri2hts-of-Wav. !.:. General. Landscaping may be planted within public rights-of-way, subiect to review and approval of the Forestry and Grounds Manager. b. Relief from Standards. Any deviation from the standards of this subparagraph would require a waiver. which is subiect to review and approval of the City Engineer. A request for a waiver shall be reviewed in accordance with Chapter 2. Article III. Section 6. c. Standards. ill Sod may be placed in public swale areas provided that said sod or grass is not permitted to grOW to a height in excess of six (6) inches; ill Trees may be permitted within swale areas and mooians but must be high enough so as to provide an eight (B)-foot clearance between the lowest hanging branch or leaf and the existing grade; ill All landscape work within the public right-of-way must conform to the latest edition of the Public Works Department Forestry and Grounds Manual and also with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation & Lighting (Volume II) or latest supplement thereof. ill Also see Section 3.8.5 for additional "streetscape design" requirements. 12. Landscapin2 within Off-Street Parkin2 Lots. The intent of this subsection is to encourage landscape design that will facilitate the optimal growth of hardy trees. prevent future damage to off-street parking areas from tree root systems, and to enhance and screen off- October 17, 2007 - 19 - October 17. 2007 SITE DEVELOPMENT STANDARDS street parking areas. Off-street parking and vehicular use areas shall include landscape islands designed as follows: !h ReQuired Landscapin2. Off-street parking areas, excluding those spaces located within parkin~ garages, shall have at least 25 square feet of parking lot landscape islands (i.e. green space) per parking space, including those on-street parking spaces allowed in accordance with Chapter 4, Article V. Section 4.B; b. Tree Size and Type. Parking lot landscape islands shall be designed to correspond with the size and ~owing characteristics of the intended tree species. Types of required trees exclude palm species, and tree sizes proposed within each island shall directly correspond with the size descriptions included in the South Florida Water Management District publication, "Waterwise"; S Lar2e Islands. Landscape islands sized greater than 224 square feet in area are defined as "large islands" and shall not be less than 15 feet in width in any dimension. Each large island shall contain a minimum of one (1) tree, classified as a large tree (see paragraph "b" above for description of a large tree). A minimum of 75% of the landscape islands shall be large islands within developments that are required to have UP to 249 parking spaces. A minimum of 85% of the landscape islands shall be large islands within developments that are required to provide 250 or more parking spaces; d. Small Islands. The rem amm g required green space within off-street parking areas shall be allocated to "small islands", which are defined as landscape islands sized at least 150 square feet in area and no less than 1 0 feet in width in anv dimension. Each small island shall contain one (1) tree classified as a "small" tree; !:.: Plantin2s. All landscape islands shall be entirely planted with shrub species; f.: Cross Visibilitv. All plant material proposed within each landscape island shall - 20 - SITE DEVELOPMENT STANDARDS maintain unobstructed cross-visibility at a level between 30 inches and eight (8) feet above pavement to avoid traffic hazards. Canopy or palm trees shall not have limbs and / or foliage that extend into this cross-visibility area. Plant seleetitm should be based on the growing characteristics as described in the publication "Waterwise" to best conform to the visibility requirements stated above and to allow for proper maintenance without degrading the Quality and appearance of established plant species; and & Li2htin2. Lighting fixtures within off- street parking areas shall be strategically located to avoid future conflicts with mature tree canopies. 13. Maintenance. !: General. ~ The property owner; or his agoot, shall be responsible for the maintenance of all irrigation and landscaping which shall be maintained in a certified gee4 condition so as to present a healthy, neat~ and orderly appearance and shall be kept free from refuse and debris. All existing a:nd~ newly landscaped properties shall receive an initial clean fill / landscape / irrigation inspection and thereafter a semi-annual inspection for compliance with these regulations site visual buffering provisions of this Code. All conflicts between landscape improvements and site signage, parking lot light fixtures, or vehicular safety movements will be corrected as part of the semi- annual inspection process. All peroeived site signage/landseape oonflicts will be eorrooted during inspection prooess. October] 7,2007 b. International Arborist Association UAA) Standards. 2. MaiBtemaflOe of landsoape sereen or barrier: All plantings. including trees~ must not be trimmed or ftei' sheared of foliage during the first growing year and must be maintained to continue the buffering/screening objective of these regulations. All existing and newly installed trees must be trimmed under the supervision of a Certified Arborist in accordance with the standards of the International Arborist Association (lAA ). +Fees shall not be thinned nor oanopy raised to an - 21 - October 17. 2007 SITE DEVELOPMENT STANDARDS unnatural extent. All existing and newly installed materials not pruned in accordance with the IAA standards must be removed and replaced on the site. The total diameter inches of the new trees must equal the total number of diameter inches of the improperly pruned tree(s). Any trees removed in violation with these regulations will be replaced in compliance with this section trees must be maintained in accordance ".,.ith standar-ds of the National J\rborists "'\ssociation. ,'\11 existing and ncv/ly installed trees f.ound not to be trimmed in accordance with the }L'\}~ standards must be replaced \yith the same size tree. Site maintenance shall not alter screenillg or barrier below the intended requirements of these regulations i:e decrease the originullevel of required density. S Maximum Hei2ht of Hed2es. The maximum height of a hedge shall be eight (8) feet above finished grade, except as described below: ill Single-family and two-family districts: Four (4) feet within the front yard setback (including the side comer yard); ill Multi-family developments: The maximum height of hedges within the front yard setback shall be six (6) feet for all properties with less than 400 feet of frontal!e on a typical City street. For multi-family developments with more than 400 feet of street frontage. the maximum hedge height shall be eight (8) feet. In either instance. the placement of the hedge shall not cause any traffic line-of-sight obstruction: and ill Where adiacent to golf courses, golf driving ranges. Interstate 95. railroad rights- of-way. along property lines where residential abuts commercial or industrial uses, and along property lines where residential abuts parks (public or private) : 10 feet, other than within the front yard setback. d. Appearance and Maintenance. Also see Part II (Code of Ordinances). Chapter 15. Article - 22 - SITE DEVELOPMENT STANDARDS IX, Section 15-120 for mlrumum standards regarding general appearance and maintenance of landscaping on public and private property. 14. Cross-Visibility and Safe Si2ht. The PUI'POse of this subparagraph is to promote the creative and efficient design of landscaped areas within and / or near rights-of- way, off-street parking areas, and other vehicular use areas. The intent is to create functional and quality pervious surfaces for drainage / storm water management, in coni unction with increasing the visual enhancement of off- street parking areas. Landscape design shall provide safe and unobstructed views for pedestrians and motorists moving throughout the proiect: !!: Visibility at Corners of Ri2hts-of-Wav. Landscape materiaL within a triangular-shaped area of property formed by the intersection of two (2) rights-of-way, shall maintain unobstructed cross- visibility at a level between 30 inches and eight (8) feet above the pavement to avoid traffic hazards. Canopy or palm trees shall not have limbs and / or foliage that extend into this cross-visibility area. Landscape materiaL except low growing shrubs, shalloe located at least three (3) feet from the edge of a sidewalk. The size of this triangular-shaped area shall be designed in accordance with the Engineering Design Handbook and Construction Standards. N. Projeet entrance. Landscaping at project entrances shaH eontain a combination of colorful gFOlmdcover plants (aFl:Baals may be Sl:lpplemeHtal to other groundeover plants bat not be a sabstitut~ and a miniml:lffi of tVlO colorful s~llb species OR both sides of the entrance (ifsafficieBt space is available; excluding properties zoned M 1 that front OR local streets), and a signaturc tree 'Aith a miniml:lfn of six (6) feet of clear trunk all planted to preserve the clear sight area.. The signatUi"e tree does not contribute to',vard the required number of perimeter trees. All trees must 8e standards and have a miniml:lfn clear trun1c of six feet. October] 7, 2007 b. Drivewav Openin2s alon2 Ri2hts-of-Wav. Landscaping on both sides of each proiect entrance along rights-of-way shall contain a - 23 - SITE DEVELOPMENT STANDARDS siQJ1ature tree in accordance with Section 3 .A.3 .a.( 1) and a minimum of two (2) colorful and ! or flowering shrub species (3 different species if sufficient space is available). Design emphasis shall be placed on clear understory and low-growing or dwarf varieties of landscape material with a maximum height of 30 inches, in order to comply with visual obstruction regulations (see Engineering Design Handbook and Construction Standards and Chapter 4, Article VIII. Section 4.B.18.). The plant material required in this subparagraph may also count towards meeting the minimum requirements for landscape strips abutting rights-of-wav (see Section B.2 and Section C.2 below). oS Drivewav Openin2s (and Cross-Access) Between Properties. Landscaping on each side of a driveway opening that connects abutting properties shall be designed with an emphasis on clear understory with low-growing or dwarf varieties of plant material. All plant material proposed shall maintain unobstructed cross-visibility at a level between 30 inches and eight (8) feet above pavement. Canopy or palm trees shall be trimmed up eight (8) feet so that limbs and / or foliage does not create a traffic hazard. G. Parking area interior landscaping. Off street parking areas shall have at least twenty (20) square foet of interior landscaping for each parking space excluding those spaces abatting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces "vhich are directly served by an aisle abutting and I"lffiIling parallel to such a perimeter. Each separate landscaped area Ghall contain a minimum oftv/oo.ty five (25) sqaare feet and shaH ha'lc u minimum dimension of at least fi'/e (5) feet and shall iBclude at least one tree haying a clear trunk of at least fi'le (5) feet, with the remaining area adequately landscaped '.yith shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. The total Bumber of trees shall not be loss than one (1) interior tree for O'le1)' ten (10) parking spaGes. Trees provided adjacent to rights of ';/ay, abutting properties, and building walls Ghall not contribute toward this reql:lirem.ent. Such October 17. 2007 - 24 - SITE DEVELOPMENT STANDARDS landscaped areas shall be located in such a manner as to di'/ide and brcak l:lp the cJ\.pense of pa'ling. F. }~CCCSS','lays. The maximl:lm ';/idth of an access'.vay (\vhether one or 1\'/0 way traffic) through the required perimeter landscape s~ to an off stroet parking or other vehicular use aroa shall be thirty tVlO (32) f<Jet. The balance of sueh street frontage not involved with aceessways shall be landseaped in accordance vlith the provisions of this section. 3. "^'" sigRature tree is a tree \vith blossoms or natural color other than green intended to boautify project entrances and contribute to the city's image '.vith this element of aosthetic uniformity. Sigaature trees include Y ollow Elder, Tibouc-hina Granulosa, and BOl:lgaimillea H. Point of access. 'Nhen an aoeessy/ay intersccts a public right of way or when the s1:1:bject pr<lperty abl:lts the intersection of tv/o (2) or morc public rights of vlay, all landscaping ',vithin the triangular areas described below shall provide unobstrueted cross 'lisibilityat a le'lel be1\'lecn thirty (30) inohes and eight (8) feet above pa'lenlent, pro'lidod, hO'Ne'/er, trees or palms having limbs and f-oliage trimmed in such a manner that no limbs or f-oliago extend into the eress '/isibility area shall be allo';/oo, provided thoy are loeated so as not to ereate a traffic hazar.a. Landscaping, eRcept required grass or ground eover, shall not 130 located closer than threo (3) feet from the edge of any acoess.,vay pavemeHt or sidewalk or ',va.Jk path. The triangular areas above referred to are: 1. The areas of property on both sides of an access'..vay formed by the interseotion of each side of the aecessway right of 'Nay or easement line and the public right of ','lay line '.vith tv.o (2) sides of each triangle being teR (10) f-eet in length, (or more 'Nhen det6IlRined to be neeessary by the oity engineer) from the point of intersection and the third side being a liFle connecting the ood of the other tvlO (2) side&.- October 17, 2007 2. The area of property loeated at a earner formed by the intersection of 1\vo (2) or more pablic rights - 25 - October 17. 2007 SITE DEVELOPMENT STANDARDS of way \vith t\'lO (2) sides of the triangular area being thirty five (35) feet in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other tVlO (2) lines. ':l The area of property located at a comer formed by the interscction OftV10 (2) or more public rights of '.vay being a collector or arterial street, or any right of way of higher classification than a local street, the two (2) sides of the triangular area shall be fifty (50) feet in loogth for the collector street, and one hundred twooty (120) feet for the arterial street along the abutting public right of vlay lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines. 15. Raised Planters. Raised planters shall be allowed, contingent upon the following: 26. Raised planters, providcd they are set back threc (3) fcet from side and rear property lines and shall ha'/c a maximl:l-ffi height of six (6) foet. !.:. A mlmmum setback of three (3) feet IS required from all propertY lines; b. No planter shall exceed a maximum hei2:ht of six (6) feet. f.:. All planter shall contain clean fill. d. Planters shall be located to comply with Cross-Visibility and Safe Sight regulations of Section 3 .A.14 above. B. Urban Landscape Code 5. Larldscaping. LaRdscaping shall be provided as set forth in ~ Chapter 7.5 of the City of Boynton Beach Land Development Regulations. Compatibility with cxisting landscaping. In order to maintain compatibility with adjacent development, the city may require '.vhere desirable, that site landscaping be designed similar to adjacent or nearby property. (Ord. No. 00 51, ~ 2, 10 1 00) - 26 - SITE DEVELOPMENT STANDARDS 1. General. !!: Applicability. The "urban landscape code" shall apply to all properties currently zoned Central Business District (CBD). any properties located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 6), or any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8). Seet:ioR~. Applicability of the ceRtral business district landscape code. This article shall apply conel:llTently and iR direct relation to the requirements of the e6fltral business district regulations of the zoniRg ordinance. These regulations apply to ne'.\' construction, major modifications to mdsting sites, and ne'.vly landscaped areas ',,;,here eOl'B:fJlianee ';:ith regulations does not decrease conformance with parking regulations. Compatibility \vith e~dsting landscaping. In or-der t{) maintain compatibility with adjacent development, the city may require where desirable, that site landscaping be designed similar to adjacent or nearby property. Card. No. 00 51, ~ 2,10 1 00) b. General Rules. Properties which are not subiect to the urban landscape code shall be regulated in accordance with the "suburban landscape code", pursuant to Section 3.e. below. 2. Landscape Strip Abuttin2 Ri2hts-of-Wav.A landscape strip (i.e. planted area) shall be required within the front and side corner yards of a property where it abuts a road right-of-way. The strip shall be removed of all construction debris and backfilled with clean fill to a d~ of one (1) foot. The requirements for this strip v , depending uPon the location of buildings, off-street parking, and vehicular use areas. The location of off-street parking lots and vehicular use areas are discouraged within the front and side corner yards. Their preferred locations are behind buildings and structures to allow for screening from public and private streets (see subparagraph "c" below). However, there are certain instances where this type of design is impractical or unfeasible. In such circumstances, it is the intent of these regulations to require a landscape strip that is October] 7,2007 - 27 - October 17, 2007 SITE DEVELOPMENT STANDARDS entirely planted and comprised oftwo (2) layers, namely an inside and outside portion, designed as follows: !!:. Off-Street Parkin2: Areas Abuttin2 Roadwavs. The landscape strip, intended to screen off-street parking lots located within front and side corner yards, shall be at least seven (7) feet in width and comply with the following: ill The inside portion of the landscape strip shall consist of a continuous hedge, installed at a minimum of 24 inches in height above finished grade and one (1) tree spaced a maximum of25 feet apart. A berm is optional. Tree spacing may be modified by factors such as the location of utility poles, driveway openings, cross-visibility, and safe-sight requirements. However. tree spacing may be reduced for vehicle-intensive or other unsightly areas; (1) Trees. /JI nev.' construction in the MD H district shall provide shade trees in the streetscape. (2) Tree spacing. (a) Trees shall be regularly spaced. The spacing of thc trees shall be at a minimum of 20 25 feet on center. (b) Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at comers or by corner conditions. (c) Tree placement shall match the existing pattern, \.vhere appropriate. (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species. planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged; - 28 - SITE DEVELOPMENT STANDARDS (3) In no case shall vehicles be allowed to protrude into the strip (see Chapter 4. Article VI, Section 2.1); and (4) Vehicular access points along the abutting right-of-way shall comply with Section 3.A.14.b above. b. Vehicular Use Areas (Other than Off- Street Parkin2) Abuttin2 Roadwavs. The landscape strip intended to screen other vehicular use areas, located within front and side comer yards shall be designed as follows: ill Each landscape strip shall be a minimum of five (5) feet in width; ill Each landscape strip shall consist of a continuous hedge, installed at a minimum of 24 inches in height above finished grade and one (1) tree spaced a maximum of 25 feet apart. Tree spacing may be modified by factors such as the location of utility poles, driveway openingS, cross-visibility. and safe- sight requirements. However. tree spacing may be reduced for vehicle-intensive or other unsightly areas; (3) In no case shall vehicles be allowed to encroach or protrude into or over the strip (see Chapter 4. Article VI. Section 2.1); and (4) Vehicular access points along the abutting rights-of-way shall comply with Section 3.A.14.b above. S. Buildin2s or Structures Abuttin2 Roadwavs. This subparagraph represents the preferred site design in urban areas where building setbacks are reduced along front and side corner property lines and off-street parking and vehicular use areas are not visible from abutting rights-of-way. In such circumstances, a landscape strip is required but only in the absence of buildings. structures, pedestrian areas. and sidewalks. When a landscape strip is provided, it shall be of varying width and designed as follows: October 17, 2007 - 29 - SITE DEVELOPMENT STANDARDS ill Foundation landscaping and trees shall be installed within the reduced building setback areas, between the building( s) and property line(s). Tree spacing may be modified by factors such as the location of utility poles, driveway openings, cross- visibility. and safe-sight requirements. However. tree spacing may be reduced for vehicle-intensive or other unsightly areas. Where practical, areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. 5. Landscape Requirements. Foundation landscaping and trees shall be installed within the reduced building setback areas, betweea the building( s) and property line( s)~ particularly, where adjacent or visible from public and / or private rights of T:/ay~ (Ord. No. 00 30, ~ 1,6 20 00; Ord. No. 02 011, S 1, 1 16 02; Ord. No. 05 029, S 2,8 2 05) (5) Flower containers. To add color and soften side\valk pa'.'ing '.vith plants, floTl/er containers containing blooming annuals or perennials shall, where practical, be planted and maintained along facades of new building fronting on arterial roadv/ays: ill Trees are not required in areas where awnings or canopies encroach or protrude into the landscape striP. However. an alternative means of providing landscaping, such as foundation plantings and / or potted plants shall be required; (b) Trunks shall be a minimum of four ( 1) inch caliper and proT.'ided seven (7) feet of vertical clearance for visibility. ( c ) In instances where canopies or overhangs make it infeasible to plant trees, altematiT/e means of pro'.'iding landscaping for thc sidewalk shall be utilized. October 17. 2007 - 30 - SITE DEVELOPMENT STANDARDS ill Tree species within the landscape strip shall be consistent with the established theme of the street where appropriate. The Planning and Zoning Division shall coordinate with the Engineering Division of Public Works regarding the species, caliper size, and quantity of trees; ill Trees and plant material within the landscape strip shall not impede pedestrian movement on nearby sidewalks; ill 4) Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. Tree guards are to protect street trees (those located within the right-of-way) and trees planted within the landscape strip abutting the right-of-way. @ The City Engineer shall review and approve all street trees and plant material proposed within the sidewalk areas of abutting rights-of-way. All plant material shall- be installed in accordance with the Engineering Design Handbook and Construction Standards for Landscaping, Irrigation, and Li!!hting. Trees normally required within the landscape strip may not be necessary if street trees located within the abutting sidewalk meet the intent of this section; and (a) The trees selected shall be oonsistent ':/ith the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate speoies. ill See "Streetscape Design" in Section 3.B.5 below for additional rel!Ulations. 3. Perimeter Landscape Buffers. !.: General. Perimeter landscape buffers, where required, shall be provided along side interior and rear property lines. The type oflandscape buffer required may vary upon the zoning districts, uses, October 17, 2007 - 31 - SITE DEVELOPMENT STANDARDS densities. intensities, and building height( s) of the subiect property and abutting and / or adiacent property. The requirement for perimeter landscape buffers along front and side corner property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 3.B.2 above. b. Performance Standards. landscape buffers shall meet performance standards: Required the following b. Screening and buffering. (1) Appropriate screening and buffering will be required. (2) Such screenIng must shield neighboring properties from any adverse effects of the proposed development. (3) Screening and buffering is intended must also be used to shield the proposed development from the negative impacts of adjacent uses. ( 4) Special emphasis should be placed on screening the intrusion of automobile headlights on neighboring properties from parking areas and driveways. October 17, 2007 - 32 - SITE DEVELOPMENT STANDARDS f:. Desi2n Standards. Perimeter landscape buffers shall be applied and designed as follows: ill Table 4-2. Buffer (Tvpe 1 ). Urban Landscape Urban Landsca eBuffer(T Description: Required along the perimeter of off-street parking lots where parking areas are not separated from side interior or rear property lines by an intervening building or structure, in order to provide a visual screen of at least three (3) feet in height, com rised of trees, and shrubs. Requirements: 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every 30 linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4. * See (4) Notes below for additional regulations. <' 5' ~ "'-, ", - Property Line Mulch --. October 17, 2007 - 33 - SITE DEVELOPMENT STANDARDS ill Table 4-3. Buffer (Tvpe 2). Urban Landscape Urban Landscape Buffer (Type 2)* Description: Required between residential projects with contrasting densities or between incompatible zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs, in combination with a buffer wall. I I I Requirements: 1. Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every 20 to 30 linear feet on center, depending on degree of incompatibility; : 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)- foot tall masonry buffer wall; and i 5. * See (4) Notes below for additional regulations. I Ii Mulch -, \ Property Line '-~, 12' - 15' -',,- .~// October 17, 2007 - 34 - SITE DEVELOPMENT STANDARDS ill Table 4-4. Barri er. Urban Landscape Urban Landscape Barrier* Description: Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and / or berm. Requirements: 1. Minimum buffer width variable, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2. One (1) tree spaced every 20 linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3. Two (2) staggered rows of shrubs as needed to provide opaque screening; 4. An optional six (6)- foot tall masonry (concrete block) buffer wall and / or a berm (earthen embankment) with a minimum 3:1 slope may be used with plantings to achieve the necessary screening height; and 5. * See (4) Notes below for additional regulations. Berm" (optional) \ Mulch '- Property une @ Notes. * Minimum buffer and barrier requirements. including caliper of trees, may be increased as warranted by development characteristics such as use. October 17, 2007 - 35 - SITE DEVELOPMENT STANDARDS density, intensity, or building height: to mitigate impacts upon abutting or adiacent properties; or to further the beautification obiectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adiacent properties. or when proiects are designed for interconnectivity. unified control, or master planned. Refer to the Use Matrix, Notes, and Restrictions (Ch. 3, Art. IV. Sec. 4) for additional landscape requirements that may apply to certain specific uses. d. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, drivewavs (access), and / or parking stalls between properties. Vehicular access points between properties shall comply with the cross-visibility and safe sight requirements of Section 3.A.14.c above where shared parking and vehicular use areas are utilized. ~ Alon2 Florida East Coast Railroad. ~ Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way. The landscape buffer strip shall meet the following minimum requirements: ill tt;- Landscaped buffer stHps shall be at least five (5) feet wide. ill l:r.- Living plant materials shall cover at least seventy (70%) per oent ofthe required landscaped area, and shall include trees, shrubs and ground cover, but not tawR grass sod. ill €-: Small trees shall be planted no greater than fifteen (15f feet on center along the landscape buffer sffip. ill 4- Shrubs shall be planted to form a continuous dense screen hedge. The October 17. 2007 - 36 - SITE DEVELOPMENT STANDARDS shrubs shall be maintained to grow to their full natural height. ill ~ Shade trees shall be planted no closer than t.....enty (201 feet to the railroad right-of-way or as otherwise required by the authority having iurisdiction over the railroad right-of-way. f. Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI. Section 2.n. 4. Interior Open Space. See usable open space requirements of the Infill Planned Unit Development (IPUD) zoning district in Chapter 4, Article III, Section 2.B.9. 5. Streetscape Desi2n. The "Urban Landscape Code" contains special landscape standards related to streetscape design. !.:. Applicabilitv. This subparagraph shall apply to all properties currently zoned Central Business District (CBD), any properties located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 6), any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3. Article III, Section 8), or properties zoned Infill Planned Unit Development (lPUD) with frontage along Federal Highway (US 1 ). b. General Rules. The "streetscape" is generally considered to be the area located within . the reduced buildin!! setback area in front and side corner yards in coniunction with the sidewalk area within abutting rights-of-way. Therefore, streetscape design encompasses both the private and the public domain. Trees located within sidewalk areas of public and / or private rights-of-way are considered "street trees". ~ Standards. The following standards are applicable to streetscape desi21l and landscape material must comply with the following: -ft; Landscaping in the MU H District. October] 7, 2007 - 37 - SITE DEVELOPMENT STANDARDS ill Trees. (1) Trees. All new construction in the MU H District shall include provide shade trees in the streetscape. Eat The trees selected shall be consistent with the established theme of the street, where appropriate. The City Forester will provide consultation on appropriate species. W Trunks shall be a minimum four (4)-inch caliper and provide eight (8) 5-twefl pj feet of vertical clearance for cross- visibility and safe sight requirements. ~ In instances where canopies or overhangs make it infeasible to plant trees, alternative means of providing landscaping for the sidewalk shall be utilized. (d) Upon inspection by ~the City Forester, any trees found to be in declining condition shall be replaced v/ithin thirty (30) days. (2) Tree Spacing spacing. (a) Trees shall be regularly spaced. The spacing of the trees shall be between 20 - 25 feet on center. W Spacing may be modified by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. ~ Tree placement shall match the existing pattern, where appropriate. W Tree guards, fabricated to city specifications, shall be placed adjacent to the curb, where feasible. (3) Tree irrigation. (a) Irritation systems shall be installed to service all trees and other landscape materials. (b) Irrigation systems shall be in operable condition at all times. ( 1) Sidewalks and lighting. (a) All nev,' construction in the M1.J H District shall provide new side\valks. (b) Sidewalks constructed along arterial roadvlays shall be a minimum of ten (10) feet wide, measured from the rear of the ooffl.: (c) Side'.valks and lighting shall, '.'lhere practical, be consistoot 'llith the curroot October 17, 2007 - 38 - SITE DEVELOPMENT STANDARDS design elefRoots III place along Federal U~~1."'a:\l nxe;n: no J . ill Flower Containers. Where practical. areas in front of buildings shall be enhanced with colorful plants or flower containers containing blooming annuals or perennials. (5) Flower oontainers. To add color and soften sidewalk paving ';lith plants, flower oontainers oontaining blooming annuab or perermials shall, '.vhere practioal, be planted and maintained along faoades ofns',v buildm~ fronting on arterial roadways in tfle MU H District. d. Miscellaneous. The landscape material proposed within the right-of-way must comply with Section 3 .A.ll (Within Rights-of-Way) and with cross visibility and safe sight requirements of Section 3 .A.14 and Chapter 3. Article II, Section 6. ,'\RTICLE III. CENTR.,^~L BUSINESS DISTRICT L^..NDSCAPE CODE Seetion 1. Short title. This artiole shall be knov/n and may be oited as the Boynton Beach Central Business Distriot Landseape Code. (Ord. No. 00 51 ~ 2, 10 1 00) Section 2. Purposes. October 17, 2007 - 39 - SITE DEVELOPMENT STANDARDS The purposes of this article are to proT,'ide uniform landscape design and planting standards for development in the central business district (CBD), and include provisions for pedestrian walhvays, screening of service areas, and lighting installations. (Ord. No. 00 51 S 2, 10 1 00) Section 3. Definitions. Definitions under /J.rticle I, Section 3 and Article II, Section 3 shall apply to terms as used in this article and the follovling definitions shall also apply: Tree protection. Treatment of all ex.isting trees shall comply v,'ith /uticle I, Sections 1 through 30. (Ord. No. 00 51 ~ 2, 10 1 00) Seotion 1. ... Applioability of tile cf.ln1l"il.lbH~il1ess~~stri~~ landscape code. HUThls-articlesh1l11-applyUconeuffefl.tly and in direet relation to the requirements of the oentral busiRess distriet regulatioRs of the zoning ordinance. These regulations apply to new oonstruetion, major modifieations to ~dsting sites, and ne'.vly landscaped areas vlhere oom]3liBRoe '.vith regalations does not deerease oonf<Jrmance v,'ith parking regulations. Compatibility ':lith existing 18:Rdsoapmg. In order to maintain compatibility ',vith adjacent development, the city may require ':;here desirable, that site landscaping be designed similar to adjae6flt or nearby property. (Ord. No. 00 51, ~ 2, 10 1 00) Seotion 5. Central Business distriet lal'ldsoape plan to be submitted, rOT/ie':,' and approval required. .'\ny person oWRing property \vithin the oentra:! basiness district desiring to obtain a buildiRg permit for oonstruetion of any building shall submit a landscape plan to the planning direotor. Sec. 6.Landsoape plan approval. Exoept fm single family dwellings, prior to the issuance of any building permit or oertificate of oocupancy, under the provisions of this articlc and the BO)'llton Bench Building Code, ex.cept for minor modifications a landscape plan shall be submitted to and approved by the planning and development board. The landscape plan shall be dra'::n to scale, including dimensions and distanoes, and delineate the existing and proposed parking spaoes or other vehicular use areas, access, aisles, dri','e T,'/ays, sprinklers or water outlet locations, and the location, size and descriptioFl of all other IBRdsoape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed or, if ex.isting, to be used in accordance '.vith the requirements hereof. There shall be an applicatioFl fee as adopted by resolution ofthe City Commission for landsoape plan appro','al. No landsoape permit, building permit and certificate of oocupancy shall be issued for such building or pa'ling unless such landscape plot plan oomplies '.vith the provisions herein. There shall be a permit application fee adopted by resolution ofthe City Commission for landscape plan approval. No landscaping October 17. 2007 - 40 - SITE DEVELOPMENT STANDARDS shall be installed vlithoat a landscaping permit. /..11 inspections to determine compliance with the appr{Y/ed site plan shall be conducted by the development department. Card. No. 00 51, ~ 2, 10 1 00) Section 7. Perf-ormance surety. In the e','oot that the landscaping requireHloo.ts of this article have not been met at the time that a certificate of ooeupancy could oth6f\vise have been granted, and said oertificates requested by the developer, the eity shall enter into an agFeerRent with the owner that the provisions and requirerRents of this article will be complied with. In that case, the owner shall post a performance bond or other city approved surety in an amount equal to one huRdred ten (110) per cent of the costs of materials, labor and other attendant costs incidental to the installation ofthe required landscaping based upon an estimate provided by a registered landseape architect. The surety shall: ^ ..LJr.... RI:H'\. to the City Commission; B. Be in a form satisfactory and aooeptable to the oity manager. C. Speeify the time for eompletion of the landscaping reqiXirerRents ofthis artiole as determined by the city ffiaflager. (Ord. No. 00 51, ~ 2, 10 1 00) Section 8. Maintenance and irrigation. A. The owner shall be responsible for the maintoo.anoe of alllandsoaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. B. }.ll plantings inoluding trees must not be trimmed nor sheared of f-o li age during the first growing year, and must be maintained to contiHl:le the buffering/sereoo.ing objective of these regulations. Trees shall not be thimwd nor canopy raised to an unnatural eJctent. 1\11 existing and newly installed trees must be matIKained in aeeordanee with standa:rds of the National .:\rborists .\ssociation. "\11 existing and newly installed trees found not to be trimmed in aceordanee with the N}~^~ standards must be replaced v/ith the same size tree. Site maintenanee shall not alter sereen or barrier to decrease the original level of reqaired density. C. .\11 plunted a:reas and trees shall be irrigated by an automatic irrigatioR T;/ater supply system, whieh shall be maintained in good working eondition. D. "\11 mdsting and newly landscaped properties shall receive an initial landscape/irrigation inspeetion and thereafter a semi annual inspection for oomplianee vlith the site visual buffering proT/isions of this eode. All peroeived site signage/landseape conflicts will be correeted during the inspeotion proeess. October 17, 2007 - 41 - SITE DEVELOPMENT STANDARDS E. Violation and penalties for non compliance of required landscaping (maintonance ). For any and every violation of the provisions ofthis code, and for oach and 6T:01)' day that such violation continues, said T:iolation(s) shall be $250 per day until violation is corrocted by the property o'.,<,ner. Persons chargod ',"'lith such violation(s) may include: 1. The OTNner, agent, lessee, tenant, contractor or any othcr person using thc land, building or premises T.vhere such ',iolation has been committed or shall exist, or 2. "^illy person Tllho knowingly commits, takes part or assists in such violation, or 3. "\fly person ':/ho maimains any land, building or premises in v/hich such violation shall eKist. (Ord. No. 00 51, ~ 2, 10 1 00) Section 9. Contral business district landscape roquirements. Development in the central business district shall conform to these minimum landscape requirements, and where possible shall conform with recommendations of the oentral busiaess district design guidelines. In order to maintain compatibility '.vith adjacent de':elopment, the city may require '.,<,here desirable that site landscaping be similar to landscaping speeies and the design eKisting on adjacent or nearby property. ^ .J. ..... Landscaped areas: 1. Perimeter strip landscaping. Except along the east side ofNE 6th Street north of Ocean /\. venue and the south side of Casa Loma Boulevard, landscape strips with landscaping material are required to be located TNithin the property lino along the entire perimeter of parking and T/ooiculai' use areas, and shall meet the following minimum requirements: a. Landscape porimeter strips shall be at least three (3) feet wide. b. Li'/ing plant materials shall eover at least seventy (70) per oont of the required landscaped aroa, and shall include trees, eontin-uous hedges, and ground cover, but not lavln grass. '\There suffieient depth exists, this area shall also include a combination of colorful groundcover plants (Elfllluals may be sl:lflplemental to other groundco'.'er plants but not be a substitute) and a minimum of tv/o colorful sh..-ub species planted in a continuous rov/ or in clusters beginning at the project entrance or corner. c. Trees are required at the rate of one (1) per thirty (30) linear feet ofperimetcr strip, and may be either grouped or uniformly spaeed. Trees required may bc planted a maximum oftv/elve (12) feet fr{)m the property line. d. S~-ubs shall be planted eighteen (18) inches on center or tip to tip (whichever is most intense) in perimeter strips to form eontinuous SOi'een hedges. Hedges October 17. 2007 - 42 - SITE DEVELOPMENT STANDARDS shall be a110v/ed to grOTN and shall be maintained at a height of two an.d ORe half (2 1/2) to three and one half(3 1/2) feet. Decorative sereen walls maybe installed in lieu of hedges. e. Lan.dscaped area edges adjacent to vehioular use areas shall be protected by upright clli"bs or wheel stops. f. Trees and shrubs shaH not be installed to conflict v:ith utility easements. g. Landscape strip requirements may be v:ai':ed along a common property line 'lIhere an. approved landscape strip exists on the adjacent property, in which case additional plantings or amenities shall be required to be installed in other suitable locations on the site. h. Perimeter screen hedge requirements may be waived along the common property line 'llhere abutting property owners pro':ide shared parking spaees, shared p1:lblic access or other shared public amenities. 1. Mulch other than Cypress shall be used and maintained for landscaping purposes. 2. .\. lan.dscape screen of at least seven (7) feet in v,.ridth shall be comprised of the following elements: 3. lB.terior parking landscaping. Lan.dscaping is required to be located within the interior or parking areas, aHd shall meet the f-a11ov/ing minimIDE. requirements: a. Interior lan.dscaped areas shall calcmate to at least tV/enty (20) square feet of landscaping for each parking space not abutting the perimeter landscape strip, excluding spaces in parking gara-ges. Required square footage of interior landscaping may be reduoed to ten (10) square feet for each parking space, provided that at least ORe (1) shade tree is installed per four ( 1) interior parking spaces, in accordanee ','lith the requirements of sub section B .1.a. of this section. b. .\.t least one (1) tree shall be installed for every 10 parking spaces. c. Grass may be installed as ground cOT:er where the individual landscaped area is at least 1\vo hundred (200) square fect. d. Landscaped area edges adjacent to vehicular use areas shan be protected by upright c-lITbs or \vheel stops. 1. Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right of TNay are required to ha'le a landscape buffer strip along the right of way. The landscape buffer strip shall meet the following minimIDE. requirements: October] 7, 2007 - 43 - SITE DEVELOPMENT STANDARDS a. Landscaped buffer strips shall be at least fi','e (5) feet wide. b. Living plant materials shall cover at least se'lenty (70) per cont of the required landscaped area, and shall include trces, slL."Ubs and ground cover, but not la',';n ~ e. Small trees shall be planted no greater than fifteen (15) feet on center along the buffer strip. d. Sh.."Ubs shall be planted to f-orm a continuous dense screen hedge. The sh..'1lbs shall bc maintained to grow to their full natural height. e. Shade trees shall bc planted no closer than t\venty (20) feet to the railroad right of ',vay. 5. Entrance treatments. Parking area entrances and pedestrian building entrances shall be given special treatment consideration in accordance with the intent of central business district design guidelines. Landscaping at project entranccs shall contain a combination of colorful groundcover plants (annuals may be supplem.ental to other groundoover plants but not be a soostitutc) and a minimum oft\'/o colorful sh.."Ub speoies on both sides of entrance (if sufficient space is a'lailable), and a signature tree with a minimum of six (6) foot of clear trunk all planted to preservc the clear sight area. The signature tree does not eontribute toward the required number of perimeter trees. /Jl trees must be standards and have a minimum clear trunk of six feet. 6. Site signage. The base of a sign shall be enhanoed with colorful groundcover plants (EHilluals may be supple:m.ental to groundcover plants but not be a substitute) and n minimum of t'.vo colorful sh..-ub species all selected f{)r entrance compatibility (not to be less than 2 feet in v/idth and placed around no fe'.../er than 3 sides). Species selection and design shall ensure visibility to 10'''',' monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also include a minimum of one (1) signature trec. 7. Decorative screen walls: a. \l/ all construction shall be surface textured concrete or masoil...)', ',';ith architectural enhancements such as columns, scoring, etc. b. Screen. ',valls adjacent to streets and alleys shall not cxceed three (3) feet in height, unless they are screening service and dumpster areas. 8. Landscaping of open ''valls. The proTlisions of this section shall apply to the front ele';ation wall and two side elevation ''valls (and rear elevations where visible from adjacent rights of ',';ay) of all oommercial or non residential buildings (excluding industrial uses v;ith exposure limited to local strects) where that portion of the base lCTlel void of windo',';s, aTlmings, and doorv/ays exceeds 25 lineal feet, or '...fflere othenvise recommended by the Director for minimal aesthetic improvemcflt. Foundation landscaping shall be placed in a strip of land not less than five (5) feet wide and shall include a continuous October 17,2007 - 44 - SITE DEVELOPMENT STANDARDS colorful shrub and groundcover oompatible with perimeter landscaping (rights of ','lay), or a minimum 10 f{lot T,vide cluster of the same plants spaced a maximum of 15 lineal feet apart. Foundation landsoaping may be placed abutting the Viall or planted in a separate planter no farther than 20 feet from the 'Nall of larger projects or shopping cen-ters. Height of trees when planted shall be amiflimum ofl/2 building height at the time ofplan-ting. Palm tree species should be slovl growing, multi trunk, with the majority of the tree canopy pro'liding a visual barrier of the open wall. Eligible palm tree species may be one or more of the following: Pygmy Date Palm, Pamotis, Adonidia, Fmctail, and Royal. 9. Service areas and oompsters: a. Dumpsters shall be placed on a conorete pad, of at least one hundred (100) square feet. b. Serviee areas and OOmpsters shall be soreened from T.ie\'/ by v/a11s at least six (6) feet high, landscaped '.vith shrubs and/or vines. 10. Parking area lighting. Parking area lighting units shall be installed and shall ~ a. Desig'Bed to provide at least an average of one (1) footcandle at ground le'lel. b. Located to not reflect directly onto adjacent property. c. Indicated on the landscape plan, and specified on the drawings. d. Energy efficient, high pressure sodium. 11. Pedestrian lighting. Pedestrian lighting units shall be installed and shall be: a. Desig'Bed to proT/ide at least an average oftlrree quartors footcandle at gro1:l:Rd ~ b. Located to not reflect directly onto adjacent property. e. Indicated on the landsoape plan, and specified on the drav/ings. d. Energy efficient, metal halide. 12. Pedestrian 'Nalkways. Pedestrian '.vallcways shall be installed, and shall be in accordance T,:dth the inteflt of the central business district design guidelines. 13. Exterior furnishings. Exterior furnishings to bc installed, including seating, fountains, garbage receptacles, sculpture, bo11ards, drainage gratings and related items shall be indicated on the landscape plan and be specified on drawings. October 17, 2007 - 45 - SITE DEVELOPMENT STANDARDS 11. Curbs, wheel stops and stall marking. Cl:H'bs, wheel stops and stall marking shall be indicated on the landscape plan and be specified on dra''vings. 15. Visibility. v''hen a dri':eway intersects a public right of way, or '.",hcn the property abuts the intersection of two (2) public rights of '.vay, landscaping \vithin the arcas deseribed in a. and b. below shall allow Ci'OSS visibility betv/een tmee (3) feet and six (6) feet abo':e grade level. Trees may be permitted provided they do not create a traffic hazard and are trimmed to allow the required ':isibility. a. The rectangular areas of property on both sides of a driveway formed by its intersection with the public right of v:ay for fifteen (15) feet in length along the right of way and fi'le (5) feet in width. b. The triangular area of property abutting thc intersection of 1\vo (2) public rights of ';lay, ',vith the tv/o (2) sides abutting the rights of way each being hventy (20) feet. c. Shrubs and ground cover in land scaped parlcing areas shall be maintained so as to be no higher than threc (3) feet within five (5) feet of a dri'leway. B. Planting specifications. Plant materials shall be Florida No.1 or better as specified in the curreftt "Grades & Standards for Nursery Plants," State of Florida, Department of /~gricultl:H'e, and shall meet the f-ollo'Ning minimum requirements ','lhen installed: 1. Shade trees: a. Shade trees shall be at least tVlelve (12) feet high, ';lith a SC'len foot spread, a three inoh oaliper trunk diameter measl:H'ed six (6) inches above grade, and have six (6) feet of clear ',vood. b. Shade trees to meet the minimum requirements for parking areas shall be selcoted from the approved species list in the central business district design guidelines. c. Shade trees shall be installed to meet the following minimum requiremcnts: (1) Shall be planted in area ','lith at least a three foot ',vide minimum dimension. (2) Shall be protected by an upright curb or wheel stop ihvithin three (3) feet of a ':ehioular surface. (3) Center of tree trunk shall be in line with the center ofline denoting edge of parking space if '.vi thin three (3) feet of a parking space. 2. Signatl:H'e trees. "^.. signature tree is a tree '.vith blossoms or natural color other than green intooded to beautify project entrances and oontributc to the city's image v:ith this element of aesthetic uniformity. Signature trees include Yellow Elder, Tibouchina Granulosa, and Bougainvillca. October 17,2007 - 46 - SITE DEVELOPMENT STANDARDS 3. Small trees. Small trees, to meet the minimum requireffloots for F .E. C. Railroad buffer, shall be at least eight (8) feet high, with a five foot spread, multi trunk, and shall consist of the f{)llov/ing species: 'Vax Myrtle Myrica cerifera Sea Grape Coccoloba uvifera Bottle Brush Callistem.on rigidus 1. Shrubs: ((1) Shrubs shall be at least tlH-ee (3) gallon eontainer, twenty f{)ur (21) inches high, with an eighteen (18) inch spread, planted eighteen (18) inches on center. (b) S~-ubs shall meet the minimum requirements for SCi"een hedges and F .E.C. Railroad buffer. S~-ubs and hedges shall be a minimum of twenty f01:H" (21) inches in height, tv;enty four (21) inches in spread and planted with tip to tip spacing measured immediately after planting to adequately CO'ler the planted areas on the site and be selected from the f-ollov/ing species: Japanese Privet Ligustrum japonicum San.dankwa ViburR-l:H'R Viburnum suspensum Coco Plum Chrysobalanus species 5. Vines. Vines shall be at least two (:1) feet high, and shall be planted not more than five (5) feet on eenters. 6. Ground cover. Ground oO'/er shall be at least one gallon container, with a twelve inch spread, and shall be planted not more than twelve (12) inches on center. 7. Lawn grass. LaVin grass shall be St. "^~ugustine turf grass, and only sod shall be planted. 8. }~dditional Plantings. :\fter the minimum requirements have been met using the required species, other species may be planted as additiona1landscaping. 9. Prohibited species. The following species shall not be planted: }~ustralian Pine Casaurina equisetifoliu Brazilian Pepper Schinns teroointhifolius Cajeput Melaleuca Melalooca leucadendra October 17, 2007 - 47- SITE DEVELOPMENT STANDARDS Piehus Pichus species 10. Native'legetation. At least ninety (90) per cent of shade and small tree species installed shall be nativc vegetation. 11. Mulch and ground eover other than living plantings. Planting beds and trees shall be mulched to a depth of at least 1:\\'0 (2) inches. Muleb other than Cypress shall be used and maintained for landscaping purposes. 12. Lake areas (retention ponds excluding city operated) in excess of one acre in area shall he planted to ereate a habitat that provides the optimal erJT,'ironment for aquatic and other species. Lakes provided for ne',',' oonstruetion or major modifications of existing projeets shall be planted as follows: a. To OC0Upy a minimum of 50% oflakc perimeter v,'ith littoral plantings; b. To consist of a minimum of 10 square feet oflittoral shelf per linear foot of talre:- , c. To consist of a minimum of 1 native tree per 50 feet oflinear lake frontage; tmd. d. }Jl vegetation installed oontiguous to each other, minimum 3: 1 bank slopc, 100% appropriatc native vegetation, installed 'l,'ith proper spacing and for full ooveragc of littoral shelf areas. All littoral and upland plafltings established oonsistent '.'lith these standards shall be maintained in acoordance with a management plan approved by the city at the time of site plan approval or permitting. (Ord. No. 97 26, ~ I, 7 1 97; Ord. No. 00 51, ~ 2, 10 1 00) Seotion 10. Reserved. C. Suburban Landscape Code 1. General. a. Applicability. The "suburban landscape code" shall apply to all properties that have a conventional or planned residential, commercial, industrial, or miscellaneous zoning district, and including the Suburban Mixed-Use (SMU) district, all of which are identified in Chapter 3. Article III of these regulations. October 17, 2007 - 48 - SITE DEVELOPMENT STANDARDS b. General Rules. All areas used for the outdoor display and / or parking of vehicles. boats, construction equipment, or the like shall conform to the minimum landscaping requirements as provided herein. This includes vehicle-intensive uses. such as auto dealers and automotive repair. 2. Landscape Strip Abuttin2 Ri2hts-of-Wav.A landscape strip (i.e. planted area) shall be required within the front and side corner yards of a property where it abuts a road right-of-way, in order to beautify the corridor and screen off-street parking lots and other vehicular use areas. The strip shall be removed of all construction debris and backfilled with clean fill to a depth of one (1) foot. The requirements for this strip vary. depending upon the abutting roadway classification and the location of off-street parking lots or vehicular use areas. However. in no case shall vehicles be allowed to protrude into or over the strip (see Chapter 4. Article VI, Section 2.n. October 17, 2007 - 49- SITE DEVELOPMENT STANDARDS It is the intent of these regulations that this strip of land be entirely planted and designed with two (2) layers of plant material, namely an inside and outside portion. and in accordance with one (1) or more of the following requirements: !: Parkin2/ Vehicular Use Areas Abuttin2 Arterial or Collector Roadwavs. This landscape strip shall be at least 10 feet in width or wider as necessary to provide adequate screening. (1) The inside portion of the landscape strip shall include a berm. designed at a slope ofthree to one (3: 1 ). and a continuous hedge. The berm and hedge shall total a minimum of 36 inches in height at the time of planting, but in no instance shall the hedge material be installed at less than 18 inches in height. One (1) tree shall be planted at a maximum spacing of 30 feet apart. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion of a landscape strip shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged: and (3) Visibility and clear sight at the vehicular access points along the abutting right-of-way shall comply with Section 3.A.14.b above. b. Parkin2 / Vehicular Use Areas Abuttin2 Streets other than Arterial or Collector Roadwavs. The landscape striP. intended to screen off-street parking lots and other vehicular use areas located within front and side corner vards, shall be at least seven (7) feet in width and designed as follows: October 17. 2007 - 50 - SITE DEVELOPMENT STANDARDS (1) The inside portion shall consist of a continuous hedge, installed at a minimum of 24 inches in height above finished grade and one (1) tree spaced a maximum of 30 feet apart. A berm is optional. Tree spacing may be reduced for vehicle-intensive or other unsightly areas; (2) The remaining outside portion shall consist of a minimum of three (3) shrub species, two (2) of which shall be flowering species, planted in continuous rows or clusters. Plant selection and planting patterns that optimize the display of plant texture and color are encouraged: and (3) Visibility and clear sight at the access points along the abutting right-of-way shall comply with Section 3.A.14.b above. .s Buildin2s or Structures Abuttin2 Roadwavs. A landscape strip of varying width shall be required where building( s), pedestrian areas, and / or sidewalks (along front or side corner property lines) abut any classification of roadway. This necessary planting strip shall consist of trees, spaced a maximum of 30 feet apart, and shrubs and colorful ground cover installed at the base. The "inside" and "outside" portions of the landscape strip as described in Section 3.C.2.a or Section 3.C.2.b are not required under these circumstances. However, landscape material and planting patterns shall be consistent with the landscape strip required as noted in the sections above and also with foundation planting requirements of Section 4.F Landscape material, except low growing shrubs, shall be located at least three (3) feet from the edge of a sidewalk. D. Required landscaping adjacent to public rights of 'Nay. On the side of a building or open lot use providing af1 off street parking area or other vehicular use area, \vhere such area will not be entirely screened visually by an intervening building or strueture from any abutting right of ':.'ay, excluding dedieated alleys to the rear of building, there shall be pro'lided a strip ofland at least se'len October] 7,2007 - 51 - SITE DEVELOPMENT STANDARDS (7) fcet in '.vidth bet'::een such area and such right of "vay. This strip ofland shall be comprised of the follo',ving clements: The first outside laycr shall be a combination of colorful groundco'/er plants (annuals may be supplemental to other groundcovcr plants but not be a substitutc) and a minimum of t'::o colorful shrub species planted in a continuous ro\V or in clusters spaced no greatcr than 20 feet apart beginning at the project entrance or corner (indi'.'idual clusters being a minimum of five (5) feet '.vide; excluding propcrties zoned M 1 that front on local streets). For sides of property with linear distances less than If 0 feet, the first layer of plants shall only be required at project comers. The next layer shall consist of a continuous hedge or decorative site wall and one (1) tree spacod a maximum of 30 fect apart (spacing may decrease to a maximum of 10 feet for unsightly, vehicle intensi':e, or other uses requiring greater buffering as recommended by the Director). (2) Trec spacing. (a) Trees along all street rights of viay arc required and shall be regularly spaced. The spacing ofthe trees shall be a minimum of thirty (30) feet on center for trees meeting only the minimum caliper requirement. The City Forester shall appro'/c any increase in spacing for trees exceeding the minimum caliper. (b) Spacing may be modified to allo?, for the creation of vistas, '.vhcre appropriate, or by factors such as the placement of utilities, by property access points, sight lines at corners or by corner conditions. (c) Tree placement shall mutch the existing pattern, ':ihere appropriute. 3. Perimeter Landscape Buffers. a. General. Perimeter landscape buffers, where required. shall be provided along side interior and rear property lines. The type oflandscape buffer required may vary upon the zoning districts. uses, densities. intensities, and building heil!ht( s) of the subiect property and abutting and / or adiacent property. The requirement for perimeter landscape October 17. 2007 - 52 - SITE DEVELOPMENT STANDARDS buffers along front and side corner property lines shall be met through the provision of a "landscape strip" along street rights-of-way pursuant to Section 3.C.2 above. b. Standards. Perimeter landscape buffers shall be applied and designed as follows: ill Table 4-5. Buffer (Type 1 ). Suburban Landscape Suburban Landscape Buffer (Type 1)* Description: Required between compatible uses and similar zoning districts, such as a commercial use abutting a commercial zoning district, to provide a visual screen of at least three (3) feet in height comprised of trees, and shrubs. Requirements: 1. Minimum buffer width of five (5) feet; 2. One (1) tree spaced every 30 linear feet on center; 3. Shrubs planted tip-to-tip to provide a continuous hedge three (3) feet in height; and 4. * See (5) Notes below for additional regulations. <' 5' -">~ '" '""- Property Line Mulch \ \ October 17, 2007 - 53 - SITE DEVELOPMENT STANDARDS ill Table 4-6. Buffer (TyPe 2). Suburban Landscape Suburban Landscape Buffer (Type 2)* -I I I I Description: Required between incompatible uses and zoning districts, such as a commercial I or industrial use abutting a residential zoning district, to provide a continuous ! solid, opaque, visual screen of at least six (6) feet in height comprised of trees, I hedges, and shrubs, in combination with a buffer wall. -. Requirements: 1. Minimum buffer width of 12 to 15 feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every 20 to 30 linear feet on center, depallldIDg on degree of incomnatibilitv: ~ - ~ 3. A continuous hedge of three (3) feet in height located on the outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall; and 5. * See (5) Notes below for additional regulations. Mulch ~l \ \ Property Line 12' - 15' "- ............. -"'-..~/ October] 7, 2007 - 54 - SITE DEVELOPMENT STANDARDS ill Table 4-7. Buffer (Type 3). Suburban Landscape Suburban Landscape Buffer (Type 3)* Description: Required around perimeter property lines of a planned commercial development (PCD) when abutting a single-family residential zoning district; and required for Suburban Mixed Use (SMU) and Planned Industrial Development (Pill) zoning districts, to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of trees, hedges, and shrubs in combination with a buffer wall. Requirements: 1. Minimum buffer width of 25 to 40 feet, depending on degree of incompatibility, mulched (no sod); 2. One (1) tree spaced every 20 linear feet on center; 3. A continuous hedge of three (3) feet in height on outside of buffer wall; 4. A six (6)-foot tall masonry buffer wall (optional for Pill); and 5. * See (5) Notes below for additional regulations. Mulch """1 \- Property Line October 17, 2007 - 55 - SITE DEVELOPMENT STANDARDS ill Table 4-8. Barrier Suburban Landscape Sllburban Landscape Barrier* i Description: Required between incompatible uses and zoning districts; or where there are differences in density, intensity, or building heights; or for those certain uses requiring additional screening in order to provide a continuous solid, opaque, visual screen of at least six (6) feet in height comprised of a variety of densely I planted trees, hedges and shrubs, in combination with an optional buffer wall and / or berm. Requirements: 1. Minimum buffer width varies, depending on degree of incompatibility and necessary planting area, mulched (no sod); 2. One (1) tree spaced every 20 linear feet or less, with staggered understory trees between, as needed to provide opaque screening; 3. Two (2) staggered rows of shrubs as needed to provide opaque screening; 4. An optional six (6)-foot tall masonry (concrete block) buffer wall and / or a I berm (earthen embankment) with a minimum 3: 1 slope may be used with plantings to achieve the necessary screening height; and 5. * See (5) Notes below for additional regulations. Berm --, (optional) . \ Mulch \, \ \- Property Une ill Notes. * Minimum buffer and barrier requirements, including: caliper of trees, may be increased as warranted by development characteristics such as use, October 17, 2007 - 56 - SITE DEVELOPMENT STANDARDS density, intensity. or building height; to mitigate impacts upon abutting or adiacent properties; Of to further the beautification obiectives of this article. Also, buffer requirements may be decreased due to existing buffers and screening on abutting or adiacent properties, or when proiects are designed for interconnectivity, unified controL or master planned. Refer to the Use Matrix, Notes, and Restrictions (Ch. 3. Art. IV, Sec. 4) for additional landscape requirements that may apply to certain specific uses. f.:. Exceptions (Cross Access). The landscape buffer requirements may be fully or partially waived where accommodating existing or future shared vehicular use areas, driveways (access), and / Of parking stalls between properties. d. Alon2 Florida East Coast Railroad. 4:- Railroad buffer strip landscaping. Properties adjacent to the F.E.C. Railroad right-of-way are required to have a landscape buffer strip along the right-of-way. The landscape buffer ~ shall meet the following minimum requirements: ill fr; Landscaped buffer ~ shall be at least five (5) feet wide. ill lr. Living plant materials shall covef at least se'looty (70%) per oent ofthe fequired landscaped area, and shall include trees, shrubs and ground cover, but not lawft grass sod. ill €-: Small trees shall be planted no greater than fifteen ( 151 feet on center along the landscape buffef ~. ill 4- Shrubs shall be planted to form a continuous dense screen hedge. The shrubs shall be maintained to grow to their full natural height. ill e: Shade trees shall be planted no closer than twenty (20) feet to the railroad October 17, 2007 - 57 - SITE DEVELOPMENT STANDARDS right-of-way or as otherwise required bv the authority having iurisdiction over the railroad right-of-way. ~ Miscellaneous. No vehicles may encroach or protrude into the required landscape buffer (see Chapter 4, Article VI, Section 2.1). Section 3. Buffer areas (screening). Subdivisions and other d"/elling type projects shall be buffered to separate residential de'/elopments from commercial and industrial do>/elopments \-vith a six foot high masonry 'l/all or landscaped chain link fence, or some other equi'/alent buffer 'l/hich shall also be at least six (6) fect in height, cxcept ,,/herc such developments are separated by a golf oourse or other equivalent barrier. Residential developments shall also be buffered aad protected from adjacent expressways, arterials and railroad rights of 'Nay with a five foot limited access casement, which shall be shovlll and designated on the plat, except ',vhere access is pro'/ided by means of a marginal access road or v/here such expross'l/ay, arterial or railroad right of "'lay abuts a golf ooursc. "^~s an alternmi'/c, a six foot high deoorati'/e masonry wall or landscaped chain link fenoe or other equivalent buffer, which shall bc at least six (6) feet high, may be provided in a limited access easement that is fi'/e (5) feet '""ide. For other types of screening requirements, refer to the specifics for the zoning district which the site is located in as noted in Chapter 2, ZON1l'!G. E. Buffer requirements. On the site of a building or structure or open lot use providing an off street parking area or other vehicular use area, such area shall be provided v/ith a landscaped barrier, preferably a hedgc not less than four (1) fcet nor greater than six (6) foet in height to form a continuous screen behveen the off street parking area or other '/ehicular use area and such abutting property. Such landscape buffer shall be 2 1/2 feet deep and located betv/oen the common lot line and the off street parking area or other vehicular use area except where an industrial or commercial zoning district abuts a residefltial zoning district, this planting strip shall not be less than 5 feet in depth bet'lleen oommercial and residential zoning districts October 17, 2007 - 58 - SITE DEVELOPMENT STANDARDS and 15 feet in depth behveen industrial afld residential zoning districts, and include a minimum of one tree planted for e~,'ery 30 linear feet of property. Vlhere the hedge and tree requirements are met on one property, only the green space width shall be required f-or the abutting property. The proyisions of this subsection shall not be applicable when a property liRe abuts a dedicated alley. f. Peripheral greenbelt. The project area shall be onclosed on all sides TlIith the exoeption of ilccessways for traffic and freight by n landscaped greenbelt area with a miFl:imum width of ten (10) feet OJwept when such. property abuts a residential district such greenbelt shall haTle a minimum v/idth of twenty five (25) feet. 17. Peripheral greenbelt. The project area shall be enclosed OR all sides '.'lith the exception of ilceess'llays for traffic and freight by a landscaped area with a miFl:imum width ofnventy five (25) feet except '.vhen such property abuts a residential district such greenbelt shall have a minimum width of forty (10) feet. It shall be the responsibility of the owner or dtweloper to carry out this requirement, and to provide such maintenance or gum-antee of maintenance, subject to planning and development 00aRh (6) Perimeter buffer. (a) A minimum perimeter buffer hyooty five (25) feet in v/idth shall be pro','ided surrounding the project. }JI buffers abutting the right of '.vay of arterial, roadv/ays shall include a landscaped berm. 4. Interior Open Space. B. Open space: Adequate landscaped open space shall be provided to meet '.vhich meets the particular needs and demands of the proposed each development. The type and distribution of all open space shall be determined by the character, intensity and anticipated residential or user composition of the corresponding proposed development. a. Multi-familv and Planned Developments. Landscaped open space shall be provided to October 17, 2007 - 59- SITE DEVELOPMENT STANDARDS meet the particular needs of the subiect development. The provision and design of such open space shall be a factor ofproiect size. density. and anticipated user composition of the development. It is the intent of this subparagraph to Tequire pervious space within common areas that enhances development with a combination of passive OT open play areas, and areas with cooler micro-climates created by extensive tree canopies, cool ground surfaces, and proper building massing and orientation fOT air flow. In addition to the landscaping required by otheT sections ofthis article, the following TequiTements specifically applv to multi-family developments, town homes and planned developments, such as within a PUD or SMU district: ill The project shall include one ( 1) tree for every 1.400 square feet (OT fraction thereof) of developed areas as represented by principal and accessory buildings. Trees required along street frontages shall not count toward this requirement. However, cTedit shall be given toward this requirement for those trees that are preserved on-site and deemed healthy bv staff or a certified arborist. The use of canopy trees should be emphasized in order to maximize shading; ill Except for recreational settings for open-play and areas used principallv for drainage and storm wateT management purposes, the use of sod should be Teplaced with fully planted areas, and mulch OT alternative natural covers such as pine needles from the concentration of slash pine trees or comparable species. Hard surfaces used in these areas should be avoided. except for the minimal use of pavers or other pervious, or partially-pervious materials: and October 17, 2007 ill Larger open areas should be located central within the project, to minimize distance to all units. The open areas can be designed in coniunction with active play areas such as swimming pools and hard court game areas; however, such impervious - 60- SITE DEVELOPMENT STANDARDS areas shall not count towards this requirement for interior open space. K. General landscaping for cluster and multifamily housing developments. In addition to the landscaping required by other sections of this code, the followiRg number of trees are required f{)r open common areas. 1. .^~ minimum of one tree for each one thousand five hundred (1,500) square feet (or fraction thereof) of developed area. Trees that are presented on site in open common area shall receiT;e credit agaiFlstthe landscape area requirements. It is the intent of this section to create a parle like environment. This section is induded in order to Ci'eate priT;acy, shaded areas and an aesthetically pleasing err'.ironmoot, and in determining the validity of any site plan in accordance with Section 6, the planning and deT;elopment hoard shall take these factors into consideration. b. SMU Suburban Mixed Use District. See usable open space requirements of the Suburban Mixed Use (SMU) district in Chapter 4, Article III, Section 5.G.1. ~ PID Planned Industrial District. Each development shall contain a minimum of 20% unobstructed, non-vehicular open space. Areas designed to meet this requirement shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition by suitable landscaping with trees and shrubs. Preserved or re-established natural landscaped areas or habitats within a Pill may count towards this open space requirement without having to meet the requirements regarding grading, drainage, and dust- free condition. 13. Open spaee. Each plot to he developed shall oontain a minimum of nventy per cent (20%) unobstructed, nOB._T;ehiol.llar open space. /JI open portioRs of any lot shall have adequate gradiRg and drainage, and shall be continuously maintained in a d1:lst free condition by suitable landscaping with trees, shrubs or plEl:Bted gro1:lFld cover. The design of October 17, 2007 - 6] - SITE DEVELOPMENT STANDARDS such landscaping and the measures taken to insure its maintenance shall be subject to the appro','al of the planning and dcvelopment board. a. SMU district. 6. Landsoaping. The landscaping requirements for the SMU District are supplementary to those requirements set forth in Chapter '11 of the Boynton Boach Land De','e1opment Code. ea) "^Jl no'.,,' construction in the SMU District shall provide shade trees in the streetscape. (b) The trees solected shall be consistent v/ith the established theme of the street, v/hore appropriatc. The City Forester will provide oonsultation on appropriate species. (c) Trunks shall be a minimum four (4) inch caliper measurc at DBH. In addition, there shall be no branches bolo..,.,' four (1) feet for T/isibility. (d) In instances v/here canopies of o'lerhangs make it infeasible to plant trees, altemativc means of providing landscaping for the sidev.alk shall be utilized. ee) Small flowering trees shall be planted undcr o'.erhead. utility lines. (f) Upon inspection by the City Forester, any trees f-ound to be in declining condition shall be replaced within thirty (30) days. (3) Tree irrigation. ea) Lo'.,,' volume design irrigation systems shall be installed to serviee all trees with bubblers and other landscape materials with sub irrigation design. (b) Irrigation systems shall be in operable condition at all times. (5) Flov/er containers. (a) To add color and soften internal sidev/alk paving \vith October 17. 2007 - 62 - October 17, 2007 SITE DEVELOPMENT STANDARDS plants, flower containers conta-ining blooming arlflUals or perennials are encouraged to be planted and maintained along facades of all central mixed use areas in the SMU District. D. Landscape Standards for Specific Uses 1. Exterior (Outdoor) Stora2e. Outdoor storage areas, including where boat repair is allowed, shall be entirely screened from public and private rights-of-way and adiacent properties by a landscape "barrier". Landscape barrier requirements include a landscape strip containing a six (6)-foot tall buffer wall. trees of varying heights. and shrubs planted tip-to-tip. The buffer wall is not required where the subiect property abuts the Light Industrial (M-1) zoning district. A taller wall (up to eight (8) feet in height) and a berm may be recommended in order to achieve the desired screening effect. Less planting requirements may be allowed depending on the lack of visibility, or based on the adiacent uses and / or zoning districts. See additional regulations regarding the exterior storage of merchandise in Supplemental Zoning Regulations pursuant to Chapter 3, Article V, Section 11. 2. Wireless Communication Facilities (WCF) At minimum. a WCF shall require an Urban Landscape Buffer (Type 1) or Suburban Landscape Buffer (Type 1). whichever is applicable. 3. Group B Satellite Dish Antennae. All Group B Satellite Dish Antennae shall be screened on three (3) sides with landscape materials. If a buffer wall is used for screening purposes, shrubs or other species shall be planted along the base of the wall for visual enhancement. f. Buffers. 1) "^~ ten f{)ot ':,ide landscape buffer shall be located along the street frontage. This buffer shall contain one (1) tree ten (10) to fifteen (15) feet in height with a minimum three inch caliper every f-orty (10) feet, a continuous hedge twenty four (21) inches high, tv/EJB:ty four (21) inches on center at time of planting with floYlering groundcover. (2) Interior property lines. (a) A ten f{)ot '.vide landscaped buffer shall be located on all interior pr-operty lines. \'Vhen the buffer separates the property from a - 63 - October] 7.2007 SITE DEVELOPMENT STANDARDS residentially zoned propcrty, the buffer shall contain a six @ foot ooneretc "T/alllandsoaped on the exterior sidc by a continuous hedge no less than thirty six (36) inehes high and planted t'llenty fOlff (21) inohes on oentcr at timc of planting; trees ten (10) to fifteen (15) feet in height '.yith three ineh caliper every f{)rty (10) feot; and groundcovor. 'Nhoo the buffer separates the property from other commercial property, the buffer shall not be required to oontain a concrete 'NaIl. Landscaping shall be continuously maintained. 1. The \vall shall be kept in good repair and appen:rance at all times. 2. Openings v/ith gates may be allo'Ned whero deemed appropria:te by the City Commission. (1) The '.vall shall be kept in good repair and appearanoe at all times. ('1) Openings with gates may be allo'lled ',vhere deemed appropriate by the City Commission. Section 5. Alternate Compliance. A. General. Unique conditions associated with individual sites may iustify the review and approval of alternative landscape designs that do not specifically comply with the landscaping requirements of this article. A different design proposal may offer superior results or maximum achievement of the City's obiectives - 64 - October 17, 2007 SITE DEVELOPMENT STANDARDS which can only be accommodated through the provisions and requirements of this section. This section allows alternate landscape designs that may deviate from the standards of this article that regard, but are not limited to, plant species and spacing, and the locations and widths oflandscaping buffers and strips. 1. Purpose and Intent. Alternative compliance is intended to allow for flexibility in landscape design in order to consider unique site characteristics and adiacent uses; maximize preservation of natural amenities; and to accommodate current desirable trends in landscape design and plant selection, and creative design techniques. 2. Administration. The Director of Planning and Zoning or designee shall also coordinate, interpret, and administer this section. 3. Applicability. Any application for site plan approval may be eligible for alternate compliance pursuant to the Alternative Landscape Plan (ALP). B. Alternative Landscape Plan (ALP). meet the following general requirements: An ALP must 1. General Reauirements. !:. The contents and mInImUm information required on the ALP shall be in compliance with a "standard" landscape plan pursuant to Chapter 2, Article II, Section 5.F.3. b. The ALP shall include a narrative and any supporting documentation that clearly details and demonstrates compliance with the purpose and intent of Section 1 and the landscape design principles of Section 2 of this article. ~ An ALP may be submitted in order to provide a variety of plant materials in excess of the minimum requirements with a greater degree of compatibility with surrounding uses than a standard landscape plan. - 65 - October 17, 2007 SITE DEVELOPMENT STANDARDS Section 5. 2. Review Criteria. ~ Unique Characteristics. An ALP shall only be accepted for review if in compliance with the intent and purpose of this section. b. Meets or Exceeds Minimum Standards. The ALP exceeds the minimum standards and furthers the design principles of this article. ~ Consistency and Compatibility. The proposed ALP is not inconsistent with desirable landscaping materials and designs on adiacent proiects. Community Desi2n. A. General. L Purpose and Intent. The purpose of this section is to provide additional landscaping necessary to further the design obiectives and principles of this article. 2. Administration. The Director of Planning and Zoning or designee shall also coordinate. interpret. and administer this section. 3. Applicability. The provisions of this section shall applv to all new construction. maior modifications to existing: sites. excluding single-family and duplex dwelling units on individually platted lots. This section shall not apply to newly created landscaped areas where compliance with regulations does not decrease conformance with parking regulations. 4. Relief from Standards. Any deviation from these landscape standards shall require a Community Design Plan Appeal (CDP A), which is subiect to review and approval by the City Commission. A request for a CDP A shall be reviewed in accordance with Chapter 2, Article II. Section 9. Q. Compatibility ':lith e,cisting landscaping. In order to maintain compatibility with adjacent de'lclopment, the Q!y city may require, \vhere desirable, that site landscaping be designed similar to adjacent or noarby property. - 66 - SITE DEVELOPMENT STANDARDS B. Foundation Landscapin2. L Applicability. The requirement for foundation landscaping (shrubs and trees) shall apply to all front and side elevations of multi-family residential and non-residential buildings. These provisions are expanded to include rear elevations where buildings are visible from adjacent rights-of-way, residential zoning districts, or where otherwise recommended by staff. 2. Standards. !.:. Landscape StriP. Foundation landscaping shall be installed within a strip of land not less than five (5) feet in width. The ultimate width and dimensions of this parking area shall be proportional to the size and growing characteristics of intended plants and tree species. as promoted by the objectives ofthis article. b. Shrubs. Foundation landscaping shall consist of shrubs installed in a continuous row or within 10-foot wide clusters spaced a maximum of 15 feet apart. The selection of shrub species should be compatible with the required plantings of perimeter landscape buffers and landscape strips along the abutting rights-of-way. Foundation landscaping shall be placed abutting the wall or installed within separate planter areas no farther than 20 feet from the wall oflarger projects or shopping centers. oS Trees. Tree sizes within foundation landscape strips shall be proportional to building heights and massing; planted no less than one-half (12) the building height when buildings are 45 feet in height or less. M. Landscaping of open '.valls. The pro'lisions of this section shall apply to the front eleTlation TNall and tVlO side ele'/ation walls (and rear elevations '.vhere 'lisible from adjacent rights of TNay) of all oommereial or non residential buildings (excluding ind1:1strial uses ..lith exposme limited to local streets) T.vhere that portion of the base leTlel yoid of windoT'ys, a'.vnings, and doonvays exoeeds 25 lineal feet, or where othen'lise recommended by the October 17, 2007 - 67 - SITE DEVELOPMENT STANDARDS Director for minimal aesthetic improvement. Foundation landscaping shall be placed in a strip of land not less than five (5) feet '.vide and shall include a continuous colorful sh..-ub~ and groundcover compatible '.vith perimeter landscaping (rights of v/ay), or a minimum 10 foot '.vide cluster ofthe same plants spaced a maximum of 15 linear feet apart. Foundation landscaping may be placed abutting the wall or planted in a separate planter no farther than 70 feet from the v;all oflarger projects or shopping centers. Height of trees ',yhen planted shall be a minimum of 1/2 building height at time of planting. Palm tree species should be slo''v gro':;ing, multi trunk, vlith the majority ofthe tree canopy prm'iding a visual barrier of the open wall. Eligible palm tree species may be one or more of the following: Pygmy Date Palm, Paurotis, }..donidia, Foxtail, and Royal. For properties zoned M 1, this requirement shall only apply to facades oriented toward abutting streets. L. Foundation landscaping. Foundation landscaping shall be required in the front and side of each multifamily or cluster d':/elling in order to enhance the '"isual appearance ofthe building and to promote privacy. Co Plazas. Plazas shall contain paved, open, and landscaped areas. At least one (1 ) tree shall be planted for each 900 square feet of plaza area. Shade trees shall be planted within the plaza area or along the periphery. See Chapter 4. Article III. Section 4.B.7 for additional regulations regarding plazas and open space. D. Drive-throu2h Facilities. Pursuant to Chapter 4. Article III, Section 4.B.4.. drive-through facilities shall not be allowed on any building facade that directly faces a public or private right-of- way. Landscape material may be used to provide additional screening to ensure that said facilities. located on eligible building facades, are not visible from abutting properties or rights-of-way (pubic and private). This landscape screen shall consist of trees, shrubs. a berm, or a combination thereof. necessary to achieve the desired buffering effect. !: 1. A minimum ten (10) foot ,?"ide buffer strip shall be installed betv/een the street right of 'Nay and the drive through lane, along the entire length of the dri'le through lane facing the stroet, and shall be provided in lieu of any October 17. 2007 - 68 - SITE DEVELOPMENT STANDARDS landscaping requirod by the landscape code for vehicular use areas adjacent to a public right of '.vay. The '.vidth of the buff-or strip shall exclude utility easements~ !!.: 5. The landseape buffer strip referenced above shall contain a minimum tv/O (2) foot tall earth berm along the entire length of the drive through lane facing the street and shall have a slope not to exceod a ratio of three to one (3: 1 t ~ 6. The landscape buffer strip referencod above shall be planted with a minimum of one (1) tree, a minimum of tweh'e (12) feet tall, fDr each thirty (30) linear feet, or fraction thereof, of drivc through laneage facing the street. In addition, there shall be planted 'lIithin this buffer strip a continuous solid '.'isual sei'een at least three (3) feet in height within one year of installation. This sereen shall be comprised of at least two different species of shrubs planted in groupings or undulating rows. The shrubs shall be a minimum of three (3) gallons in size with an 1 g 24 inch spread, full to base, at time of planting. Ground cover shall be planted ':;ithin 25% ofthe required area of the landscape buffer strip~ !!:. 7. The landscape buffer strip referenced abo'le shall use plant materials that meet the quality requirCRlents of the city's landscape code. E. Service Areas. C. Service Areas. 1. Additional screening is required where off-street unloadin~ and loading areas are visible from abutting / adiacent rights-of-way or residential properties. Such screening: is comprised of shrub and tree species possessing dense foliage and planted of a size to form a opaque screen. Unloading and loading areas shall be sereened from. streets and public '.ie'", by a buff'Cif wall or continuous vegetative buffer. Vegetative buffers shall be comprised of sh..-ub and tree species having dense foliage and of a size and spacing to form a continuous screen of plant material as required by the Landscape GOOe. F. Mechanical Eauipment. If feasible, all above ground mechanical equipment such as exterior utility boxes, meters. and transformers shall be visually screened. Back-flow preventers shall be painted to match the principal structure. 1. Exterior utility boxes, meters, transformers, etc. shall be screened from public view by a buffer wall or continuous vegetative buffer as required by the Landscape Code. October 17, 2007 - 69 - October 17, 2007 SITE DEVELOPMENT STANDARDS G. Dumpster Enclosure. J. Landscaping and dumpsters. lJI dumpsters should be placed on i.l concrete pad ten (10) feet in width wide ','lith an appropriate depth and be screened on three (3) sides as described in Chapter 9, Section 10, Paragraph C.3. Provide accent sh..-ubs along the screen wall. All dumpsters and recycling receptacles are required to be screened in accordance with Chapter 4, Article VI. Section S.C. Landscape material shall be installed along three (3) sides of the enclosure walls at a minimum of one-half (1/2) the wall height at time of planting. However, within industrial developments, the landscape material may be unnecessary where the dumpster enclosure is located within the vehicular use / loading areas and not visible from adiacent road rights-of-way. Also see enclosure wall requirements Chapter 4. Article VI. Section 9.C. H. Lift Stations. The walls of an enclosure containing a lift station shall have landscape material planted around the perimeter, at a minimum of one-half (1 /2) the wall height at time of planting. I. Base of Si2ns. The base of a sign shall be enhanced with a minimum of two (2) colorful shrub species, selected for entrance compatibility not less than two (2) feet in width and placed around no fewer than three (3) sides. The appropriate selection of species and design shall ensure visibility to low monument signs at plant maturity. Landscaping of signs within plazas and shopping centers shall also include a minimum of one (1) signature tree. Annuals and other flower species may supplement but not substitute the required shrub plantings. O. Site signage. The base of a sign sfi.all be enhanced vlith colorful groundcover plants (annuals may be supplemental to other groundcover plants but not be a substitute) and a minimum of two colorful slL-ubs species all selected for entrance compatibility (not to be less than 2 feet in width and placed around no fe'lIer than 3 sides). Species selection and design shall ensure visibility to 10':/ monument signs at plant maturity. Landscaping of plaza/shopping center signs shall also incl\:1de a minimum of one (1) signature tree. Section 6. Enforcement. A. Responsibility. Section 10. Enforcement of code regulations and provisions; T:iolations, penalties and otherrcmedies. l... Enforcement responsibility. No building permit, certificate of occupancy. or certificate of completion and use or certificate of occupancy shall be granted by the Department of Development d6'lelopment department, except in compliance with the provisions of this code or court decision. - 70 - SITE DEVELOPMENT STANDARDS The regulations and provisions of this code shall be held to be the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity or general welfare. Whenever the regulations and requirements of this code conflict are at variance with the requirements of any other lawfully enacted and adopted rules, regulations, ordinances~ or laws, the most restrictive shall apply. B. Penalties B. Violation and penalties f{)r non compliance of required landscaping (maintenance). For any and every violation of the provisions of this code, and for each and every day that such violation continues, said violation( s) shall be $250 per day until violation.w. is / are corrected by the property owner. Persons charged with such violation(s) may include: 1. The owner, agent, lessee, tenant, contractor or any other person using the land, building or premises where such violation has been committed or shall exist, or 2. Any person who knowingly commits, takes part or assists in such violation, or 3. Any person who maintains any land, building or premises in which such violation shall exist. 4. Violations. Upon inspection by the City, any plant material found to be in a declinim! condition shall be replaced by the owner within 30 days or a Notice of Violation shall be issued. C. Other Le2al Remedies C. Other legal remedies. In addition to the criminal penalties and enforcement procedures provided, the City Commission may institute any lawful civil action or proceeding to prevent, restrain or abate: 1. The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance or use of any building, structure or parking area, or 2. The occupancy and / or use of such building, structure or parking area,~ or 3. The illegal act, conduct, business of use of, in or about such premises. October 17, 2007 - 71 - SITE DEVELOPMENT STANDARDS D. Administrative Remedies D. Other administrati','e remedies; building permits and certificates of occupancy and use. The following administrative remedies may be applied when appropriate: 1. Issuance. No building permit~ ef certificate of occupancy, or certificate of completion and use shall be issued by the Department of Development de'.'elopment department for any purpose except in compliance with the provisions of this code, conditions of approval. or a:fHl other applicable ordinances and laws, a decision of the plar...ning and de'.'elopment board or court decision. 2. Suspension. The Department of Development may suspend a building permit, certificate of occupancv. or certificate of completion where an administrative determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. 3. ;;h Revocation. The Department of Development development dcpartment may revoke a building permit~ ef certificate of occupancy. or certificate of completion in those cases where an administrative determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based. 3. SuspensioB. The development department may suspend a building permit or certificate of occupancy and use where an administratiTle determination has been duly made that an error or omission on either the part of the permit applicant or go'.'ernment agency existed in the issuancc of the permit or certificate approval. /. '.'alid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission. October 17, 2007 4. Notice and Appeal appeal. All Department of Development development department decisions concerning the issuance, suspension, or revocation or suspension of building permits or certificates and certificates of o cc-upancy shall be stated in official written notice to the permit applicant. Any decision of an administrative official may be - 72 - SITE DEVELOPMENT STANDARDS appealed to planning and development board within thirty (30) days of the action.:. that the aggrieved party "'fishes to apfleal. (Ord. No. 00 51 ~ 2, 10100) Section 7. S uretv. In the event that the landscaping requirements of this article have not been met at the time that a certificate of occupancy or certificate of completion could otherwise have been granted. and said certificate is requested by the developer, the City may enter into a performance surety agreement approved by the City Attorney through which the property owner or designated agent ensures compliance with the provisions and requirements of this article. This formal agreement with the City shall require the owner or his agent to post a performance bond or other city-approved surety in an amount equal to 110% of the total estimated cost of materials. labor. and any other costs incidental to the installation of the required landscaping. The cost estimate shall be furnished by a qualified landscaping contractor. It shall name the City Commission as beneficiary, be in a form satisfactory and acceptable to the Director of Finance. and specify the time for completion of the landscaping requirements ofthis article at no later than 30 calendar days. Section 7. Performance surety. In the e'lmt that the landscaping requirements of this article haT;e not been met at the time that certificate of occupancy could othef\vise have been granted, and said permit or certificate is requested by the developer, the city may enter into an agreement approved by the eity attorney with the o\"ner or his agent that the provisions and requiremmts of this article T,,,ill be complied vlith. In that ease the OVlner or his agmt shall post a perf{)rmance bond or other city approved surety in an amount equal to one hundred and ten (11 O~) per cent of the oosts of materials, labor and other attendant costs incidental to the installation of the required landscaping based upon an estimate pro'lided by a qualified landscaping contractor. The surety shall: ^ .J. ~. Name the City Commission as beneficiary. B. Be in a form satisfactory aFl:d acceptable to the city attorney aBd the finaBce director. C. Specify the time fm the completion of the landseaping requH-ements of this article as determined by the city manager. (Ord. l'Jo. 00 51, ~ 2, 10 4 00; Ord. No. 02 033, ~ 1,8 20 02) S:\Planning\Zoning Code Update\l.DR Rewrite\Part Ill\Chapters\Chapter 4 Site Development Standards\Final\Artic1e II Landscape Design and Buffering Standards.doc October 17, 2007 -73 - IX. - CITY l\/~ANAGER'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 Fonn Must be Turned Meetinl.', Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 13,2007 October 15,2007 (Noon) 0 September 18, 2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2. 2007 September 17,2007 (Noon) [8J December 3, 2007 November 19,2007 (Noon) 0 Announcements/Presentations [8J 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 0 Public Hearing 0 RECOMMENDATION: Motion to approve the FY 2007-2008 projects in the Utilities Capital Improvement Program (CIP). EXPLANATION: The City commission had previously approved the Operating budgets for the City, and the General Fund's CIP. The Utilities CIP for FY 2007-08 totals $40,387,125. Of this $27,477,125 is dedicated to projects that will be funded through the Utilities Reserve Fund (403) and $12,910,000 will be funded from the Capital Facilities Fund (404) which is restricted to expansion-related projects. All projects are deemed to be essential to the continued safe operation of the Utility and the reliable provision of service to our customers. Whereas the total of $40,387,125 is an anticipated expenditure for FY 2007-08, the future years outlined in the Utilities CIP should be considered as planning figures, which could change significantly as needs or regulations are changed. The Utility Reserve Fund (403) is the major source for funding all projects involving the renewal, major repair, or replacement of existing facilities. These projects extend the life of existing facilities and infrastructure, or replace infrastructure that has exceeded its useful life. Projects involving essential studies or design work, which are necessary precursors to actual construction, may also be funded from the 403 fund. Sample renewal and replacement projects include: replacing undersized water lines in residential neighborhoods, re-lining or replacing leaking wastewater and stormwater lines, lining manholes, replacing existing pumps and electrical components, replacing disinfection systems, replacing membranes, and performing major repairs on structures. The Capital Facilities Fund (404) is largely composed of money collected through capital facilities fees and reservation fees paid by new developments within the service area. Such funds can only be used to increase the capacity of existing systems. As such the 404 fund may be used to pay for treatment plant expansions, new pipelines that allow for increased flow or capacity, new wells, S:.BULLETIN\FORt\lS .AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM new lift stations that add capacity to the system, expansions of the regional wastewater facility, and construction of the new reclaimed water systems. PROGRAM IMPACT: The Capital Improvement Program is an essential part of the Utilities Department function that allows it to maintain current levels of service, and expand services to meet the demands of growth and a changing regulatory environment. FISCAL IMPACT: Total CIP expenditures for FY 2007-08 are estimated to be $40,387,125. The Capital Facilities Fund has sufficient money available to fund the $12,910,000 in anticipated expenditures for this fiscal year. However, the Utilities Reserve Fund will require additional financing in order to meet all projected needs for 2007-08. To meet this need, the Department is proposing a $27 million dollar bond issue for the early part of 2008. The proceeds from this issue will allow all 2007-08 projects to continue, and provide funding for the 403 fund through FY 2009. ALTERNATIVES: At this time we fronor recommend any alternatives to the proposedCIP. ~ JL J . '. -" D,p_~ntH,ad"~~ ~a~ Assistant to City Manager ~ UTILITIES Department Name City Attorney! Finance XC: Peter Mazzella Michael Low Barbara Conboy Christopher Roschek Finance Dept. File Attachments - CIP Status - FY 07-08 final (3)- 10 Yr CIP Bond Project List S:'BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I"- o o ~ I"- ~ c E E o W ... o c .~ => 0' :E c( 0:: C> o 0:: a. I- Z w :E w > o 0:: a. ~ -l c( l- e:: on ;;... ~- ..,.w ;; N ..,. ;; ... ~ '" C ;; N '" ~... ~U <::> N N ;; ... ~ W ;; N ;; ... ~ C 0 ;; N "" ~e: ~W "" N '" "" ~:: ~W ~ '0"" .. "" ~~= Eg U "'N r- ""~ "" C ~ ~ "" >< ""<..l N 'Or- .."" .. 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M N 0;: f- ~ '" f- ~ ~; .,~; > "" .5 c ~ c t ~., ~ li.s. :> b ~ ~1':; ]' ;:.~~,; c: :.t.5 0 ''r; ~ ~ j ~r! -Q.. u-; ~ ~~;.~; ~ ~:E .2~ .l ~~~i :I: -I ~ .2= f$~-:.a .: ~ e.'.!!. LJJ ~ ~:,! tJ'l -< 81- o ~ o .< ~ il w " ~ ~ ...J o ~ -. o ~ , .::l o "- ::; o ~ ::; . ! u S I XI. - NEW BUSINESS ITEM B. 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 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October I, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 7, 2007 October 15,2007 (Noon) 0 September 18,2007 September 3, 2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2, 2007 September 17, 2007 (Noon) IZ1 December 4, 2007 November 19,2007 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative IZ1 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Designation of member of City Commission to work with City staff, Palm Beach County School District and the City of Delray on elementary school options east ofI-95. In addition, staff would share specific development data with School District staff to help confirm enrollment projections for Boynton Beach schools. We suggest this because ofthe substantial development occurring in Boynton Beach. EXPLANATION: Last month, staff met with staff representatives of the School District. The specific purpose of the meeting was to discuss the District's planning process for elementary schools east of 1-95 in Delray Beach and Boynton Beach. We appreciated the opportunity to learn of the District's planning work affecting Boynton Beach. The affected schools are: Rolling Green - Boynton Beach Galaxy - Boynton Beach Forest Park - Boynton Beach Plumosa - Delray Beach Poinciana in Boynton Beach functions as a magnet school and was not part of the meeting. The current construction plan is as follows: Rolling Green - substantially done. Galaxy - Planned replacement after Plumosa Forest Park - work planned and some site work underway Plumosa - planned replacement after Forest Park Two of the schools are scheduled to receive grants that will make them a partial "choice" (magnet) and neighborhood school: Forest Park - Pre International Baccalaureate Program Plumosa - Performance Arts The issue, according to school district personnel is whether or not to proceed with Plumosa and Galaxy given the drop in enrollments in the district and with looming revenue cutbacks. The purpose of the meeting was to provide both Delray Beach S\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM and Boynton Beach with preliminary information on the District's planning process. It is important to note that the current School District Board approved plan calls for both Plumosa and Galaxy to be reconstructed. At a staff level. insofar as Boynton Beach is concerned, we have re-affirmed reconstruction of Galaxy to be our preference. Several other options however are possibly on the table: I. Don't re-build Galaxy and divert students to Poinciana, Forest Park and Rolling Green _ demolish the structure and land bank the property for an elementary school there later. This option included increasing the size of Forest Park somewhat. 2. Don't proceed with Plumosa and divert pupils to other schools. Again, Forest Park may be enlarged somewhat with the re- distribution of students. 3. Close both Galaxy and Plumosa and convert the Old Atlantic HS site on Seacrest to a K-8 campus drawing students from those schools or revamp the Boynton Beach enrollment boundaries. The K-8 campus would inherit the performing arts program. The status quo option is: 4. Proceed with the current School Board Plan ofre-building both Plumosa and Galaxy. Staff concern with the options] -3 above is the impact on the Boynton Beach community and whether the enrollment projections (decline) are sustained or will reverse once the real estate market adjusts. There is a substantial amount ofre- development occurring in Boynton Beach east of 1-95. We can share development data with the District to confirm their enrollment projections. PROGRAM IMPACT: The Boynton Assembly Project identified City linkage with educational facilities in the City as an important new initiative. FISCAL IMPACT: (Include Account Number where funds will come from) - None other than staff research time. AL TERNA TIVES: Do not participate in the discussions with the District. )m ~.~ Department Head's Signature '1 J/ ~./L- ~'~ 'L City anager's Signature Assistant to City Manager _~ Department Name City Attorney / Finance S\I3ULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC XII. - LEGAL DEVELOPMENT ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August 21, 2007 August 6, 2007 (Noon.) 0 October 16, 2007 October 1, 2007 (Noon 0 September 4, 2007 August 20, 2007 (Noon) 0 November 14, 2007 October 15, 2007 (Noon) 0 September 18,2007 September 3,2007 (Noon) 0 November 20, 2007 November 5, 2007 (Noon) 0 October 2,2007 September 17,2007 (Noon) IZ1 December 3, 2007 November 19, 2007 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda ~ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Please place this tabled item on the December 3, 2007 City Commission Agendiimder -'~ Legal, Ordinance - Second Reading, Recall that this item was tabled in order to allow sufficient time for proper acfi'j:rtising- of the ordinance title. The City Commission, on November 13, 2007, approved the subject request under Public H~inga.ndl Legal, Ordinance - First Reading, For further details pertaining to this.request, see attached Department Memoran8\nn No, .-. 07-110. ,,; \ . r, . I "..i en EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: U1 National Transmissions, Inc. (LUAR 07-004) Carl A, Cascio, P,A. Michael and Julia C. Dechants 502 NE 3rd Street Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I), PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: 2~,~ City Manager's Signature ~ Developme Assistant to City Manager ,,- , / Ll.// _~ Planning and Zonin;& ctor City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\Nationa1 Transmissions\Agenda Item Request National Transmission LUAR 07 -004 amend -12-3-07 .doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 14 I ~: II ..L 0 " 17 18 19 20 21 22 23 24 25 26 27 28 29 "'~"";';"""';""""'-~;"':O-^;'4"'Cll;I:"''''~~$'~~'ili+$~''''"'_'_'' 1 2 3 4 5 6 7 8 9 10 11 12 13 ORDINANCE NO. 07- 035 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR A PARCEL OWNED BY MICHAEL AND JULIA C. DE CHANTS AND LOCATED AT 502 NORTHEAST 3RD STREET; CHANGING THE LAND USE DESIGNATION FROM GENERAL COMMERCIAL (GC) TO INDUSTRIAL (I); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Govemment Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the aforesaid Element or the Comprehensive Plan as provided, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference, Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the S :\CA\Ordinances\Planning\Land U se\NationaI Transm issions .doc 1 1 following: 2 That the Future Land Use of the following described land located at 502 N,E. 3rd 3 Street; changing the land use designation from General Commercial (GC) to Industrial (1). 4 Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded 5 in Plat Book 2, Page 96, of the Public Records of Palm Beach 6 County, Florida. 7 8 Subject to easements, restrictions, reservations, covenants and 9 rights of way of record, 10 11 Section 3: That any maps adopted in accordance with the Future Land Use Element ofthe 12 Future Land Use Plan shall be amended accordingly, 13 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed, 14 Section 5: Should any section or provision of this Ordinance or any portion thereofbe 15 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 16 remainder of this Ordinance. 17 Section 6: This Ordinance shall take effect on adoption, subject to the review, challenge, 18 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 19 Land Development Regulation Act No party shall be vested of any right by virtue of the 20 adoption ofthis Ordinance until all statutory required review is complete and all legal challenges, 21 including appeals, are exhausted. In the event that the effective date is established by state law or 22 special act, the provisions of state act shall control. S:ICA 10rdinances\Planning\Land Use\National Transmissions.doc 2 4 5 6 7 8 9 10 11 12 I 13 ~~ II 1. b I 17 18 19 20 21 22 23 24 25 26 27 28 II 29 1 FIRST READING this ~ day of MoverYI k, 2007. 2 SECOND, FINAL READING and PASSAGE this _ day of ,2007. 3 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:ICA\OrdinancesIPlanninglLand UselNational Transmissions.doc 3 ,,,,,,,,,;,;~''''',')~~~;;i;,.;,;.~,.;~~....,, ........"",-~_"'''''',.....'''''''''''O'.-..., TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 07-110 Chairman and Members Community Redevelopment Agency Board and City Commission Gabriel Wuebben fI.& \P ! Planner If\ fU 1 (~/ Michael W. Rumpf IJ4l r Director of Planning and Zoning September 26, 2007 National Transmission/LUAR 07-004 To reclassify the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-l Industrial Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses and Zoning: North: So uth: PROJECT DESCRIPTION Michael and Julia Dechants National transmission, Inc,fCarl A. Cascio, P. k 502 N.E. 3rd Street (Exhibit "A") General Commercial (GC) C-4 General Commercial Industrial (I) M-l Industrial Automotive transmission repair Auto-related use, designated General Commercial (GC) and zoned C-4 General Commercial Right-of-way of N.E. 4th Avenue, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial Page 2 File Number: LUAR 07-004 National Transmission, Inc. East: Improved alleyway, then developed office-warehouse facility, designated Industrial (I) and zoned M-1 Industrial. West: Right-of-way of N.E. 3rd Street, then developed commercial facility designated General Commercial (GC) and zoned C-4 General Commercial PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.16 acres (7,000 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to fOiwarding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to/ a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Citys risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.4 of the Land Use Element reads: II The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow a long-time business to gain conforming status proximate to other existing auto-related uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): II The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay, The plans shall, in part, implement or '''''''''~~,-",,,,,,,~~~_~...$~",,,,,,~,,,,,,,,,,,,,,.~_'''<i_~'_',~~,,,,,,:,,,_>"_, Page 3 File Number: LUAR 07-004 National Transmission, Inc. further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. . ." The Heart of Bovnton Communitv Redevelooment Plan, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "Industrial" should be extended westward to include the property on the east side of N.E. 3rd Street (see Exhibit "A"). This extension of the industrial-designated land would include the subject property, furthering the vision for this area. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. Other similar requests of the nature have been approved in the immediate vicinity. Examples include Beck's Towing (at 410 N.E. 5th Avenue) aQd Florida Collision Center (902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of Bovnton Communitv Redevelooment Plan. c. Whether changed or changing conditions make the proposed rezoning desirable. The adoption of the Heart of Bo vn ton Communitv Redevelooment Plan, in 2001, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether the proposed use would be compatible with utility systems, roadways, and other public facilities. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and local drainage permitting authorities. Page 4 File Number: LUAR 07-004 National Transmission, Inc. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above under "Project Description", the existing uses surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed and used as the site of an auto repair business, a permitted use under the existing C-4 zoning. The property is physically and economically developable for other intensive commercial uses permitted within that zoning district. g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. It is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed The amount of land designated for industrial uses is very limited, particularly in the part of the City east of 1-95, so there are limited opportunities for auto-related businesses. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. The request to convert to industrially-zoned land is particularly ideal in light of the rezonings that started in 2000 with an approval of a residential development in the Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not including Quantum, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and most of its other municipalities. This trend's negative impact on the local economies in terms of future jobs, availability of services and tax bases has been recognized by the county's Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and expand industrial land when appropriate in order to enhance economic viability. CONCLUSIONS! RECOMMENDATIONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the Page 5 File Number: LUAR 07-004 National Transmission, Inc. overall economic development of the City. Therefore, staff recommends that the subject request be approved. ATTACHMENTS 5: \ Planning\SfIARED\ WP\pROJECfS\National Transm,ssions\ST AFF RE PORT .doc Exhibit A - Site Location Map National Transmissions, Inc. · LUAR 07-004 NE 6TH A' BOYNTON BEACH BLVD 100 50 0 ~ 100 i"';~"""""'+;"ioiliIlkoi><ti'~~~~';~.....",""""",>;".".",.i;~"_"._,~,,,..~"'i<'.".."",:,,"''''"''_'' 200 300 400 I 'Fe~ ~ :I: ..J ~ W C W u.. Z N W4fE S Exhibit B - Neighboring LUAR Requests 210 105 0 ~- 210 I 420 I 630 I 840 'Feet N W.E S EXHBIT C LEGAL DESCRIPTION: Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida COMPUTATION OF ACREAGE: Square Footage = 7584.09 Acreage = 43650 -:-7584,09 = 5.74 STATEMENT TUSTIFYING THE ZONING REQUEST: The proposed land use amendments/rezoning requested is consistent with the heart of Boynton Beach Community Development Plan, The size of the property is conforming to the proposed use and zoning guidelines. The applican t currently operates an aura transmission business, which is an acceptable use under .both the current and proposed land use designation. TEe area where the subject property is located lies with CA zoning which is contiguous with other lands that have been proposed to be part of the new M 1 zoning area within the heart of Boynton Beach Community Redevelopment Plan so the proposed land use and rezoning would result in a compatible land use, which would further enhance the property values of the adjacent properties. Exhibit "A" to Application for Land Use AmendmentlRewnmg / National Trammismm. Inc. ,_or 49. ARDE]\; PARK \\Cascio-server\my documems\CLIENTS\REAL\DeChants. Michael & Julia RezoninglApplication attachment. wpd XII. - LEGAL DEVELOPMENT ITEM A.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D August 21 , 2007 August 6, 2007 (Noon.) D October 16, 2007 October I, 2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 14,2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20, 2007 November 5, 2007 (Noon) D October 2, 2007 September 17,2007 (Noon) [8',J December 3, 2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda [8',J Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Please place this tabled item on the December 3,2007 City Commission Agenda under Legal, Ordinance - Second Reading. Recall that this item was tabled in order to allow sufficient time for proper advertising of the ordinance title. The City Commission, on November 13, 2007, approved the subject request under Public Hearing and Legal, Ordinance - First Reading. For further details pertaining to this request, see attached Department Memorandum No. 07-110. EXPLANATION: PROJECT: AGENT: OWNERS: LOCATION: DESCRIPTION: National Transmissions, Inc. (LUAR 07-004) Carl A. Cascio, P .A. Michael and Julia C. Dechants 502 NE 3rd Street Request to rezone from C-4 General Commercial District to M-l Industrial Di~ct. f'-.:> c:"\ 1"'-.;' U1 PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNATIVES: ~ City Manager's Signature Assistant to City Manager cM./ ~ /J / ) // ./ / - Pfa~g ~~'z~'(riirector City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\National Transmissions\Agenda Item Request National Transmission LUAR 07-004 rezone 12-3-07.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1511 161 I 171 , 8 II ~ II 19 II II II 20 21 22 II I 23 24 25 26 27 28 29 ORDINANCE NO. 07- D~'=> AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF NATIONAL TRANSMISSIONS, INC., AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 502 NORTHEAST 3RD STREET, AS MORE FULLY DESCRIBED HEREIN, FROM GENERAL COMMERCIAL; (C-4) TO INDUSTRIAL (M-l); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Michael and Juclia C. Dechants, owners of the property located at 502 N.E. 3rd Street in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through its agent, Carl A. Cascio, P.A., pursuant to Section 9 of Appendix A- Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from General Commercial (C-4) to Industrial (M- l); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of S:\CA IOrdinances\Planning\Rezoning\Rezoning - National Transmissions.doc J j 1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 4 Section 1. The foregoing Whereas clauses are true and correct and incorporated 5 herein by this reference. 6 Section 2. The following described land located at 502 N.E. 3rd Street in Boynton 7 Beach, Florida, as set forth as follows: 8 9 Lot 49, of ARDEN PARK, according to the Plat thereof, as 10 recorded in Plat Book 2, Page 96, of the Public Records of Palm 11 Beach County, Florida. 12 13 Subject to easements, restrictions, reservations, covenants and 14 rights-of-way of record. 15 16 be and the same is hereby rezoned from General Commercial (C-4) to Industrial (M-I). A 1 71110cation map is attached hereto as Exhibit "A" and made a part ofthis Ordinance by reference. 18 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 19 accordingly. 20 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 21 repealed. 22 Section 5. Should any section or provision of this Ordinance or any portion thereof 23 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 24 the remainder of this Ordinance. 25 Section 6. This ordinance shall become effective immediately upon passage. 26 S:\CA \Ordinances\Planning\RezoninglRezoning - National Transmissions.doc 3 4 5 6 7 8 9 10 11 12 13 14 ~~ II 171 18 19 201 21 -, 22 23 24 25 26 27 ! I i I I I 1 FIRST READING this ~ day of No"ern~r , 2007. 2 SECOND, FINAL READING and PASSAGE this _ day of ,2007. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner Janet M. Prainito, CMC City Clerk (Corporate Seal) II II I S:\CA\Ordinances\Planning\Rezoning\Rezoning - National Transmissions_doc J) """''''''''''''~f,,,,,~''j'~,,,,*;~~~', ,.,,,,,,~,,,,,,~~,,,",,,,,_.,,,,~,,,,,;~-,,:'~ TO: FROM: . THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNING & ZONING DIVISION MEMORANDUM NO. PZ 07-110 Chairman and Members Community Redevelopment Agency Board and City Commission Gabriel Wuebben It ~ 11 Planner If\ fL/ Michael W. Rumpf W / Director of Planning and Zoning September 26/ 2007 National Transmission/LUAR 07-004 To reclassify the property from General Commercial (GC) to Industrial (I) and rezone from C-4 General Commercial to M-l Industrial Property Owner: Applicant/Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses and Zoning: North: South: PROJECT DESCRIPTION Michael and Julia Dechants National transmission, inc';Carl A. Cascio, P. A. 502 N.E, 3rd Street (Exhibit "A") General Commercial (GC) C-4 General Commercial Industrial (I) M-l Industrial Automotive transmission repair Auto-related use, designated General Commercial (GC) and zoned C-4 General Commercial Right-of-way of N.E. 4th Avenue, then developed office-warehouse facility designated General Commercial (GC) and zoned C-4 General Commercial Page 2 File Number: LUAR 07-004 National Transmission, Inc. East: Improved alleyway, then developed office-warehouse facility, designated Industrial (I) and zoned M-1 Industrial. West: Right-of-way of N,E. 3rd Street, then developed commercial facility designated General Commercial (GC) and zoned C-4 General Commercial PROJECT ANALYSIS The parcels, which are the subject of this land use amendment, total 0.16 acres (7,000 square feet). Because of the size of the property under consideration, the Florida Department of Community Affairs classifies this amendment as a "small scale" amendment. A "small-scale" amendment is adopted prior to fOr'Narding to the Florida Department of Community Affairs and is not reviewed for compliance with the state, regional and local comprehensive plans prior to adoption. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. a. Whether the proposed rezoning would be consistent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the Citys risk manager. The planning department shall also recommend limitations or requirements, which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the comprehensive plan. Policy 1.19.4 of the Land Use Element reads: " The City shall continue to encourage and enforce the development of industrial land as industrial parks or concentrated industrial areas in order to maximize the linkage between complementary industries." The area adjacent to the subject parcel contains a variety of auto-related businesses. The requested land use amendment and rezoning will allow a long-time business to gain conforming status proximate to other existing auto-related uses, thus providing greater opportunities for linkages. Policy 1.9.5 of the Land Use Element reads (in part): " The City, by 2002, shall conduct studies and/or prepare redevelopment plans for areas designated by the Primary Target Areas Overlay. The plans shal1r in part, implement or Page 3 File Number: LUAR 07-004 National Transmission, Inc. further the adopted Boynton Beach 20/20 Redevelopment Master Plan with use. provisions, development standards and design criteria which may address public improvements, infrastructure, building placement, architectural character, streetscape, signage, landmark opportunities and unifying design concepts. Implementation mechanisms may include, but are not limited to, adoption of overlays in the land development regulations, amendments to land development regulations, and/or through rezoning to new or existing districts. . ." The Heart of Bovnton Communitv Redevelooment Plan, as adopted on December 4, 2001, is an implementation measure of the cited policy. The "Proposed Land Use Map" for the redevelopment plan proposes that the land area in the "Arden Park" neighborhood currently designated "Industrial" should be extended westward to include the property on the east side of N.E. 3rd Street (see Exhibit "A"). This extension of the industrial-designated land would include the subject property, furthering the vision for this area. b. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated district unrelated to adjacent and nearby districts, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. The requested rezoning would not create an isolated district, but would relate to the adjacent land use designations to the east and to the existing uses in the area generally surrounding the subject property. Other similar requests of the nature have been approved in the immediate vicinity. Examples include Beck's Towing (at 410 N.E. 5th Avenue) and Florida Collision Center (902 NE 3rd Street). The proposed change is consistent with recommendations of the Heart of Bovnton Communitv Redevelooment Plan. c. Whether changed or changing conditions make the proposed rezoning desirable. The adoption of the Heart of Bovnton Community Redevelooment Plan, in 2001, and the recommendations of that plan make the proposed rezoning desirable as a step toward implementation of the plan. d. Whether the proposed use would be compatible with uttYity systems, roadways, and other public facilities. Properties less than one acre in size are not required to prepare comparisons of water and wastewater demands. Since no additional development is proposed at this time on the subject property, no changes are anticipated in the demands on either water or wastewater. Neither are there any anticipated increases in traffic impacts. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. Lastly, drainage will also be reviewed, and must satisfy all requirements of the city and local drainage permitting authorities. Page 4 File Number: LUAR 07-004 National Transmission, Inc. e. Whether the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby properties. As stated above under "Project Description", the existing uses surrounding the subject site are intense commercial and industrial uses. The proposed land use amendment and rezoning would generally be compatible with existing uses of adjacent properties. f. Whether the property is physically and economically developable under the existing zoning. The property is currently developed and used as the site of an auto repair business, a permitted use under the existing C-4 zoning. The property is physically and economically developable for other intensive commercial uses permitted within that zoning district, g. Whether the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, intensity, use, value and consistency with Comprehensive Plan policies. As indicated above, impacts of the proposed project on the service delivery and transportation systems will be negligible. It is consistent with the cited Comprehensive Plan policies. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. The amount of land designated for industrial uses is very limited, particularly in the part of the City east of 1-95, so there are limited opportunities for auto-related businesses. This location is convenient to the downtown as well as to other ancillary auto-related uses that serve the residents of the City. The request to convert to industrially-zoned land is particularly ideal in light of the rezonings that started in 2000 with an approval of a residential development in the Quantum Industrial Park. Since then, some 135 acres have lost their industrial designation, not including Quantum, which retained the designation although a large percentage of its acreage has been converted to uses other than industrial. The loss of industrial land has occurred simultaneously within unincorporated Palm Beach and most of its other municipalities. This trend's negative impact on the local economies in terms of future jobs, availability of services and tax bases has been recognized by the county's Intergovernmental Plan Amendment Review Committee (IPARC). The City should preserve and expand industrial land when appropriate in order to enhance economic viability. CONCLUSIONS! RECOMMENDA nONS As indicated herein, this request is consistent with the intent of the Comprehensive Plan; will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; will be compatible with adjacent land uses and will contribute to the Page 5 File Number: LUAR 07-004 National Transmission, Inc. overall economic development of the City. Therefore, staff recommends that the subject request be approved. ATTACHMENTS S: \ PlanlllnglSHAREI)I WP\PROJECTS\Nabonal TranSmlSSlons\ST AFF REPORT .doc Exhibit A - Site Location Map National Transmissions, Inc. - LUAR 07-004 NE 6TH A BOYNTON BEACH BLVD 100 50 0 ~ 100 200 I 300 400 I I Feet ~ :I: ...J ~ W C W U. Z N W4frE S Exhibit B - Neighboring LUAR Requests 210 105 0 ~ 210 I 420 630 840 I Feet N W.E S EXHBIT LEGAL DESCRIPTION: Lot 49, of ARDEN PARK, according to the Plat thereof, as recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida COMPUTATION OF ACREAGE: Square Footage = 7584.09 Acreage = 43650 -7- 7584.09 = 5.74 STATEMENT JUSTIFYING THE ZONING REOUEST: Tne proposed land use amendmems/rezoning requested is consistent with the heart of Boynton Beach Community Development Plan. The size of the property is conforming to the proposed use and zoning guidelines. The applicant currently operates an auto transmission business, which is an acceptable use under ,both the current and proposed land use designation. The area where the subject property is located lies with C-4 zoning which is contiguous with other lands that have been proposed to be part of the new M 1 zoning area within the heart of Boynton Beach Community Redevelopment Plan so the proposed land use and rezoning would result in a compatible land use, which would further enhance the property values of the adjacent properties. Exhihit "A" to Application for Land Us~ Am~ndm~ntlRewnmg / National TransmiSSIOn, Inc. Len 49, ARDEN PARK \\Cascio-server\my documems\CLlENTS\REAL\DeChants, Michael &Julia Rezoning\Application attachmenr.wpd XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine: Dates in to City Clerk's Office Meetine: Dates in to City Clerk's Office D August 21, 2007 August 6, 2007 (Noon.) D October 16, 2007 October 1,2007 (Noon D September 4, 2007 August 20, 2007 (Noon) D November 13,2007 October 15,2007 (Noon) D September 18, 2007 September 3, 2007 (Noon) D November 20,2007 November 5, 2007 (Noon) D October 2, 2007 September 17, 2007 (Noon) ~ December 3, 2007 November 19,2007 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda ~ Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Amending Ordinance 07-002 to reduce the public art fee to.5% (1/2%) from 1% on all development and redevelopment projects. The reduction of the public art fee to .5%; provides that the .03 (30%) of the .5% art fee is paid at time of permit and the .07 (70%) ofthe .5% art fee is evaluated as a condition of issuance of the certificate of occupancy which includes the Public Art component. Other items to be included in the current Public Art Ordinance No. 07-002 remain as stated. The Commission did not specifically provide direction regarding an implementation date for the amendment. It is recommended that implementation be discussed and the Ordinance amended, ifnecessary,between first and second reading. EXPLANATION: These changes are coming forward as directed by the City Commission following discussion and concerns on the financial impact the development community has in a distressed market. PROGRAM IMPACT: The amendment to the ordinance will cut the funding that supports the Art in Public Places programs. FISCAL IMPACT: The funding for the Art in Public Places program will be cut by one half effecting the 2007/2008 budget and future funding support. AL TERNA TIVES: Keep the 1 % public art fee intact as originally adopted in October 2005 ordinance 05-060 and amended in April 2007 Ordinance 07-002. EXHIBITS: Analysis of I % vs .5% public art fee with breakdown of the pubic art component budget in the development projects and the 30% for program budg~ t~~ Department ad's Signature e distribution toward the 70% for the e Art in Public Places operation and f?ubl/( M Department Name City Manager's Signaturs:. 8 __-I , Assistant to City Manager ()IY1T'-" -'\c City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC : , 1 ORDINANCE NO. 07- 037 2 3 AN ORDINANCE OF THE CITY COMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 ORDINANCE 07-002 TO PROVIDE FOR A REDUCTION 6 IN THE PUBLIC ART FEE FROM ONE (1 %) PERCENT TO 7 ONE-HALF (.5) PERCENT; PROVIDING CONFLICTS, 8 SEVERABILITY; INCLUSION AND AN EFFECTIVE DATE 9 10 WHEREAS, the Commission has determined that economic considerations that did 11 not exist at the time of adoption of the Ordinance justify reduction of the Public Art Fee 12 from 1 % to one-half percent; and 13 WHEREAS, the City Commission has determined that it is in the best interest of the 14 Art in Public Places Program to modify the program as hereinafter set forth. 15 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA: 17 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 18 confirmed as being true and correct and are hereby made a specific part of this Ordinance 19 upon adoption hereof. 20 Section 2. Ordinance 07-002, codified as Article XII, Chapter 2 of the Code of 21 Ordinances of the City of Boynton Beach, entitled "Art in Public Places Program," is hereby 22 amended to read as follows: 23 Sec. 2-159. Short title; intent. 24 25 26 27 28 29 30 31 32 (A) This chapter shall be known and cited as the "Art in Public Places Program." (B) It is the intent and purpose of this chapter to further the commitment of the City of Boynton Beach to the aesthetic, historical, cultural and economic enrichment of the community through the creation of works of art so that citizens and visitors to the City of Boynton Beach are afforded an opportunity to enjoy and appreciate works of art. The requirements of this chapter shall be construed to promote the aesthetic values of the entire community and to encourage the preservation and protection of works of art. S:\CA\Ordinances\Art in Public Places-112607.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 37 381 39 40 I 41 42 43 44 45 46 1 Sec. 2-160. Definitions. (A) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings: (1) Artist or Professional Artist means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent and ability. Indications of a person's status as a professional artist include, but are not limited to, income realized through the sole commission of artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or museums, receipt of honors and awards, and training in the arts. (2) Art, Artwork or Works of Art means tangible creations by artists exhibiting the highest quality of skill and aesthetic principles and includes all forms of the visual arts conceived in any medium, material, or combination thereof, including, but not limited to, paintings, sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital images, bas-relief, high relief, fountains, kinetics, collages, drawings, monuments erected to commemorate a person or an event, functional furnishings, such as artist designed seating and pavers, unique or original architectural elements, and artist designed landforms or landscape elements. The following shall not be considered artwork or works of art for purposes of this chapter: (a) Reproductions or unlimited copies of original artwork. (b) Art objects, which are mass-produced. (c) Works that are decorative, ornamental, or functional elements of the architecture or landscape design, 'except when commissioned from an artist or designed as an integral aspect of a structure or site. (3) Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, chattel or property. (4) Development means any construction, or redevelopment, or structural alteration of any private or public building within the limits of the City. (5) Arts Commission means the advisory board established by the City Commission pursuant to Ordinance 01-64. (6) Public Art Fund means a separate, interest bearing account set up by the City to receive monies for the Art in Public Places Program. (7) Remodeling or conversion means alterations made to a building within any twelve month period, including, but not limited to, changes to the fayade of a building, changes to the interior of a building, increases or decreases in the s :\CA \Ordinances\Art in Public Places-112607 .doc 2 ; I 1 2 3 4 5 6 7 floor area of a building and changes to exterior improvements. (8) In-fill housing means new residential units on parcels less than 5 acres that are not part of an approved planned unit development as defined by the City of Boynton Beach land development regulations. Sec. 2-161. Arts Commission. 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 The Boynton Beach Arts Commission shall function and operate as outlined in the City of Boynton Beach's Ordinance No. 01-64. Sec. 2-162. Powers and duties of committee. (A) The Arts Commission shall have the following additional powers and duties: (1) Recommend to the City Commission, adoption of Art in Public Places Program Guidelines and amendments thereto; (2) Recommend to the City Commission, adoption of a Public Art Master Plan identifying locations for public artworks and establishing a priority order; (3) Recommend to the City Commission authorization of expenditures for maintaining and implementing the Art in Public Places Program; (4) Recommend to the City Commission other expenditures of the Public Art Fund such as hiring staff and services to run the Art in Public Places Program; (5) Exercise their authority to approve, approve with conditions or disapprove proposed installation of artwork based on Art in Public Places Program Guidelines; and (6) Advance, through education and communication, the Art in Public Places Program Guidelines. The guidelines are attached as Exhibit "A". Sec. 2-163. Establishment of Public Art Fee (A) All development, redevelopment, reconstruction or remodeling projects commenced after the adoption of this ordinance which have a construction value of $250,000.00 or greater, shall participate in the Art in Public Places Program by paying a Public Art Fee. For the purpose of this section, a project will be considered "commenced" when an application for review is first submitted to the City's Development Department. The Public Art Fee shall be equal to +%one-half (.5) percent of construction value of the project. The Building Division/Finance Department shall administer the billing and collection of the 30% or (.03) of the 1 %, of the Public Art Fee at the time of Building Permit issuance and the 70% or (.07) of the 1 % of the Public Art Fee prior to and as a condition of issuance of the certificate of occupancy that includes the Public Art. One hundred percent S:\CA\Ordinances\Art in Public Places-112607.doc 3 , , 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 (100%) of the Public Art Fees collected are to be allocated to the Public Art Fund. All distributions for the Public Art Fund require the recommendation of Arts Commission prior to City Commission approval. (B) The following types of projects are exempt from the payment of the Public Art Fee: (1) Remodeling, repair or reconstruction of structures damaged by fire, flood, wind, earthquake or other calamity determined by the city of Boynton Beach building official. (2) The percent of the project dedicated to affordable housing as defined by the City of Boynton Beach. (3) All projects which were submitted prior to or on October 5, 2005, notwithstanding any subsequent request for site plan extension. (4) Single family and two family in-fill housing. (C) Project owners required to participate in the Art in Public Places Program may obtain reimbursement up to seventy percent (70%) of collected art fee if the following conditions are met; (1) The owner of a development agrees to follow the Art Commission's recommendations to develop the art in the project; and (2) Prior to placement on the development site, has the artwork approved by the Arts Commission to insure that the artwork will be accessible and readily visible to the public based on location of artwork and normal traffic of vehicles/pedestrians in the proposed location; and (3) Select an artist directly to execute a project that meets specific criteria outlined by the recommendations and guidelines document provided by the Arts Commission or hire a professional consultant to select artists to commission site- specific, architecturally integrated artworks that meet specific art criteria outlined by the recommendations and guidelines document provided by the Arts Commission or; Purchase artworks for permanent installation recommended by the Arts Commission or; Elect to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Boynton Beach's public art collection or; Sec. 2-164. Art and artist selection criteria. (A) The Art and Artist selection criteria shall be in compliance with the Arts Commissions Guidelines and Recommendations. Sec. 2-165. Public Art fund. S:\CA\Ordinances\Art in Public Places-112607.doc 4 i! i 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 (A) There is hereby created a public art fund administered by the Arts Commission. Funding shall consist of all contributions received from art fees for development and redevelopment. Contributions shall include -l-%one-half (.5) percent of construction value on projects exceeding $250,000.00, any cash grants and donations to the City for public art projects from governmental or private resources, and all other funds allocated by the City through the budgetary process for the provision of public art. (B) Expenditures from the Public Art Fund shall include, but not be limited to expenses associated with the selection, commissioning, acquisition, transportation, maintenance, public education, promotion, administration, program marketing, documentation, removal and insurance of the works of art or in relation thereto. The Arts Commission can recommend to the City Commission, expenditures from the funds in furtherance of the Art in Public Places Program. (C) Disbursements of the Public Art Fee shall be seventy percent (70%) to the construction of art in a given project and thirty percent (30%) for the administration of the Art in Public Places Program and a (endowment or reserve fund) for future work as described in the Arts Commissions Guidelines & Recommendations. Sec. 2-166. Ownership of artwork. Unless otherwise expressly agreed to in writing by the City, ownership of all art acquired through expending funds in the Public Art Fund shall be owned by the City according to the Arts Commissions Recommendations and Guidelines. Sec. 2-167. Art in Public Places Program Guidelines The Arts Commission shall prepare, and from time to time recommend to the City Commission revisions to the, Art in Public Places Program Guidelines and make the same available to the public, which shall provide guidance for program organization; organizational governance and staffing responsibilities; procedures for project planning; artist selection; art selection criteria; art placement criteria; donations; loans and memorials; collection management; and, administration of the Public Art Fund. In the event language contained in the Art in Public Places Program Guidelines conflicts with this Ordinance, the language in the Ordinance shall control. Sec. 2-168. Art in Public Places Program Location Plan The Arts Commission shall prepare, and from time to time revise, a Art in Public Places Program Location Plan that identifies locations and criteria for public artworks and establishes a priority order. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or S:\CA\Ordinances\Art in Public Places-l 12607.doc 5 I; I 1 unconstitutional by any court of competent jurisdiction, then said holding shall in no way 2 affect the validity of the remaining portions of this Ordinance. 3 Section 4. Inclusion in Code. 4 It is the intention of the City Commission of the City of Boynton Beach, Florida, that 5 the provisions of this Ordinance shall become and be made a part of the City of Boynton 6 Beach Code of Ordinances, and that the sections of this Ordinance may be renumbered or 7 relettered and the work "ordinance" may be changed to "section," "article," or such other 8 appropriate work or phrase in order to accomplish such intentions. 9 Section 5. This Ordinance shall become effective immediately on passage. 10 FIRST READING this..3..- day of bec.emb~r ,2007. 11 SECOND, FINAL READING AND PASSAGE this _ day of ,2007. 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 Mayor - Jerry Taylor 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 Commissioner - Ronald Weiland 22 23 24 Commissioner - Woodrow L. Hay 25 26 27 Commissioner - Marlene Ross 28 ATTEST: 29 30 31 Janet M. Prainito, CMC 32 City Clerk 33 34 35 (Corporate Seal) S:\CA\Ordinances\Art in Public Places-112607.doc 6 PROJECTS SUBJECT TO PUBLIC ART 1 % VS .5% PROJECT NAME Construction value 1 % FEE 70% FEE 30% FEE 1/2% FEE 70% 30% * Casa Del Largo - town homes $11,500,000.00 $115,000.00 $80,500.00 $34,500.00 $57,500.00 $40,250.00 $17,250.00 2632 N. Fed Hwy **Country Inn & Suites - hotel $5,000,000.00 $50,000.00 $35,000.00 $15,000.00 $25,000.00 $17,500.00 $7,500.00 SE 21st & So Fed. Hwy Ocean 95 - Industrial warehouse/ $10,000,000.00 $100,000.00 $70,000.00 $30,000.00 $50,000.00 $35,000.00 $15,000.00 office 195 & RR tracks So of BB Blvd. * Pylon Interstate - office $2,400,000.00 $24,000.00 $16,800.00 $7,200.00 $12,000.00 $8,400.00 $3,600.00 1501 Corporate Dr. (west of 1-95 on Woolbright) . Boynton Town Center $5,427,400.00 $54,274.00 $37,991.80 $16,282.20 $27,137.00 $18,995.90 $8,141.10 Old Bovnton Rd. & Connress '*Tuscan Villas $5,000,000.00 $50,000.00 $35,000.00 $15,000.00 $25,000.00 $17,500.00 $7,500.00 East side Fed Hwy N of Gulfstream . The Offices at Bamboo Lane $750,000.00 $7,500.00 $5,250.00 $2,250.00 $3,750.00 $2,625.00 $1,125.00 3847 N Fed Hwy . MiraFlor Seacreast So of Hypoloxo $4,000,000.00 $40,000.00 $28,000.00 $12,000.00 $20,000.00 $14,000.00 $6,000.00 * Aspen Glen Seacrest so of $4,000,000.00 $40,000.00 $28,000.00 $12,000.00 $20,000.00 $14,000.00 $6,000.00 Hypoloxo *North General/Center of Medicine $800,000.00 $8,000.00 $5,600.00 $2,400.00 $4,000.00 $2,800.00 $1,200.00 1315-1317 N. Fed. Hwv **Yatchman's Cove N Fed Hwy $1,600,000.00 $16,000.00 $11,200.00 $4,800.00 $8,000.00 $5,600.00 $2,400.00 *OPH Bank 1485 Gatewav $300,000.00 $3,000.00 $2,100.00 $900.00 $1,500.00 $1,050.00 $450.00 '*Hemingway Square $12,500,000.00 $125,000.00 $87,500.00 $37,500.00 $62,500.00 $43,750.00 $18,750.00 SW 23rd & Fed Hwy * Dr. Mote Medical Office Building $1,466,174.00 $14,661.74 $10,263.22 $4,398.52 $7,330.87 $5,131.61 $2,199.26 3111 West Boynton Bch Blvd. * Victoria Secret - rennovation $505,000.00 $5,050.00 $3,535.00 $1,515.00 $2,525.00 $1,767.50 $757.50 Boynton Mall * Kohl's Dept. Old Target site $3,000,000.00 $30,000.00 $21,000.00 $9,000.00 $15,000.00 $10,500.00 $4,500.00 .* Boynton Vistas II 4 plex apt bldg. $400,000.00 $4,000.00 $2,800.00 $1,200.00 $2,000.00 $1,400.00 $600.00 419 S. Circle Dr. .* Boynton Bay (% affordable) So of Gateway between Seacrest $0.00 $0.00 $0.00 $0.00 $0.00 & Fed. Hwy. * Lake Worth Christian School $3,500,000.00 $35,000.00 $24,500.00 $10,500.00 $17,500.00 $12,250.00 $5,250.00 7592 High Ridge Rd. ** BAP.S. Swaminarian IndianTemple $2,000,000.00 $20,000.00 $14,000.00 $6,000.00 $10,000.00 $7,000.00 $3,000.00 541 SE 18th Ave. H High Ridge New Urban Major modification $10,000,000.00 $100,000.00 $70,000.00 $30,000.00 $50,000.00 $35,000.00 $15,000.00 3175 Little Sound Dr. ** Baywalk - triplexes $3,000,000.00 $30,000.00 $21,000.00 $9,000.00 $15,000.00 $10,500.00 $4,500.00 3101 N. Federal Hwv ** Meadows Townhomes $4,000,000.00 $40,000.00 $28,000.00 $12,000.00 $20,000.00 $14,000.00 $6,000.00 100 Meadows Circle TOT ALS $91 ,148,574.00 $911,485,74 $638,040.02 $273,445.72 $455,742.87 $319,020.71 $136,723.16 70% projects public art component budget. 30% that will go to the AIPP program. Total of all projects to submit Public Art Applications since Oct. 2, 2005. * Projects with completion dates for '07/'08. Many have public art component in process * * Future projects