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Agenda 03-18-08 100 E. Boynton Beach Boulevard. (561) 742-6000 The City of Bo nton Be h City Commission REVISED AGENDA MARCH 18, 2008 Jerry Taylor Mayor - At Large Ron Weiland Commissioner - District I DISTRI T I Jose Rodriguez Vice Mayor Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR 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 REVISED AGENDA March 18, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay 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: 1. Announcement by Kathy Biscuiti, Special Events Coordinator, of the upcoming Oceanfront Concert to be held on March 21, 2008 featuring the R & B music of Tony Thomas and the Tota!! Kontro!! Band. 2. Announcement of change in location of the April 1, 2008 City Commission meeting to be held at Boynton Beach Community High School, 4975 Park Ridge Boulevard, commencing at 6:30 p.m. B. Community and Special Events: None C. Presentations: 1. Proclamations None. 2. Presentation by Ms. Janine Rogers, Community Relations Director of Communities for a Lifetime, on an initiative for the Florida Department of Elder Affairs' Communities for a Lifetime program. (Proposed Resolution No. R08-033) Revised Agenda Regular City Commission Boynton Beach, FL March 18, 2008 IV. PUBUC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE UMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date Mayor Taylor Arts Commission Alt 1 yr term to 12/08 I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 IV Ross Code Compliance Board Reg 3 yr term to 12/10 II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Community Relations Board Alt 3 yr term to 12/10 Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 I Weiland Education & Youth Advisory Board Reg 2 yr term to 12/09 IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Library Board Alt 1 yr term to 12/08 IV Ross Library Board Alt 1 yr term to 12/08 III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/08 IV Ross 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. Regular City Commission - March 5, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 2 Revised Agenda Regular City Commission Boynton Beach, FL March 18, 2008 1. (Intentionally left blank) 2. Approve pre-purchase of a Chlortee CT-1500 Hypochlorite Generation system as manufactured by Severn Trent, consisting of three 1500 pound per day hypochlorite production units, with all necessary appurtenances based upon pricing furnished to the South Central Regional Wastewater Treatment and Disposal Board. C. Resolutions 1. Proposed Resolution No. R08-034 RE: Approving and authorizing execution of an agreement with CGI Communications to produce a promotional video for the City website at no charge. 2. Proposed Resolution No. R08-035 RE: Approving and authorizing execution of an agreement with GHD Consulting, to execute Task Order No. U08-1, Utility Department Asset Management Program in the amount of $23,760 to assist the Utilities Department in developing a road map for implementing an Asset Management Program. 3. Proposed Resolution No. R08-036 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Coastal Bay Home Owners Association to provide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. 4. Proposed Resolution No. R08-037 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Fosters Mill Home Owners Association to proVide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. D. Approve the written report to Commission of purchases over $10,000, yet less than $25,000 (bid threshold) for the months of October 2007 and February 2008. E. Approve payment for the urgent repair of 275 linear feet of 18" wastewater main on N. Seacrest Blvd. and NW 19th Avenue in front of Master Lift Station #309, in the amount of $59,475.96. F. Approve payment for the urgent repair of 175 linear feet of 18" storm water main to the community of Skylake to Chaz Equipment in the amount of $44,300. 3 Revised Agenda Regular City Commission Boynton Beach, FL March 18, 2008 VII. CODE COMPLIANCE & LEGAL SElTLEMENTS: 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: Descri ption: B. Project: Agent: Owner: Location: Descri ption: c. Project: Agent: Owner: Location: Descri ption: D. Project: Agent: Owner: Location: Seaview Park Club (SPTE 08-003) Jason Mankoff of Weiner & Aronson, P.A. Jacksonville Landco, LLC 1620 North Federal Highway Request for a third one (1) year site plan time extension for the construction of 64, three (3) story townhouse dwelling units, approved on February 15, 2005, thereby further extending second site plan time extension approval from February 15, 2008 to February 15, 2009. (Tabled on March 5, 2008) Sunshine Square (ZNCV 08-002) Arianne Nielsen, Land Design South Woolbright Sunshine, LLC Sunshine Square Shopping Center (southwest corner of the intersection of Federal Highway and Woolbright Road) Request for variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.) requiring 749 parking spaces to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. Sunshine Square (COUS 08-001) (MSPM 08-002) Arianne Nielsen, Land Design South Woolbright Sunshine, LLC Sunshine Square Shopping Center (southwest corner of the intersection of Federal Highway and Woolbright Road) Request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation/relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. Brick House Billiards (COUS 08-002) Michael MacMullen Michael MacMullen Boynton Lakes Plaza, 4760 N. Congress Avenue 4 Revised Agenda Regular City Commission Boynton Beach, FL March 18, 2008 Description: E. Project: Agent: Description: Request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall within an existing commercial plaza zoned C-3, Community Commercial. Land Development Regulations (LDR) Rewrite, Group 4 - Part II (CDRV 07-004) City-initiated A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III, Exterior Building and Site Design Standards. This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2, 4, 6, 7, 10 and 11. IX. CITY MANAGER'S REPORT: A. Direct staff to prepare draft ordinance to update the Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24 Single Family Residential Refuse Collection to change weekly collection requirements to allow disposal of unlimited amounts of bulk trash and landscape debris. (Tabled to March 18, 2008) X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software - May 20, 2008 B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in March) C. Ocean Avenue - Interstate 95 Project Alternate Access Route Study - April 15, 2008 D. Review new resolution for enclave annexation (Tabled on February 19, 2oo8) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None 5 Revised Agenda Regular City Commission Boynton Beach, FL March 18, 2008 C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-005 RE: Approve the change of the date of the election of municipal officers to the second Tuesday in March, changing the date of run-off elections, changing the date for taking office and amending sections 15, 138, 139 and 141 of the Charter and section 2-1.2 of the Code of Ordinances as appropriate. D. Resolutions: None E. Other: 1. Request by 1425 Gateway LLC for waiver of the Planning and Zoning and City Commission hearings for approval. 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, HElsHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HElsHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s.286.0105) THE CITY SHALL FURNISH APPROPRIATE 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 TWENTI-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Revised Agenda 3/17/08 11 a.m. S:\CC\ WP\CCAGENDA \AGENDAS\year 2008\031808.doc 6 lIl.-ANNOUNCEMENTS 8r. PRESENTATIONS 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 o December 18. 2007 December 3, 2007 (Noon) o February 19,2008 February 4.2008 (Noon) o January 2. 2008 December 17,2007 (Noon) o March 4. 2008 February 19.2008 (Noon) o January 15.2008 December 31,2007 (Noon) [8J March 18. 2008 March 3, 2008 (Noon) o February 5, 2008 January 14.2008 (Noon) o April 1, 2008 March 17.2008 (Noon) [8J Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announce the upcoming Oceanfront Concert. EXPLANATION: On Friday, March 21, 2008, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Oceanfront Concert, featuring the R & B music of Tony Thomas and the Totall Kontroll Band. This FREE concert will take place from 6:00 PM - 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. Food and Drink. vendors available. Please bring your folding chairs and be prepared to dance the night away. Park and ride the shuttle from the Bank of America on the comer of US 1 and East Ocean Avenue. The shuttle runs from 5:30 PM - 9:30 PM. PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) AL TERNA T1VES: k :6; tu . - City Manager's Signature Assistant to City Manager Cnrf-, Department Name City Attorney / Finance Kathy Biscuiti S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I1I.-ANNOUNCEMENTS & PRESENTATIONS Item C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15, 2008 December 31, 2007 (Noon) ~ March 18, 2008 March 3, 2008 (Noon) o February 5, 2008 January 14, 2008 (Noon) o April I, 2008 March 17,2008 (Noon) n ~ Announcements/Presentations 0 City Manager's Report 0 n:::::j 0:> :::::j-< NATURE OF 0 Administrative 0 New Business ""T'1 -<0 I"T1 AGENDA ITEM ~ Consent Agenda 0 Legal CD n'l reo N f"Tlo 0 Code Compliance & Legal Settlements 0 Unfinished Business co ::0--< .......... ~ 0 0 ,J"'-:Z Public Hearing -0 v")~ :x 0 Oz RECOMMENDATION: To allow for a presentation about the Florida Department of Elder Affairs' Co~urm;~ for a Lifetime initiative by Ms. Janine Rogers, Community Relations Director of Communities for a Lit:dim~~ The process towards becoming a Community for a Lifetime is initiated by the execution of a resolution showing: support for this initiative. EXPLANATION: Communities for a Lifetime is a statewide initiative to assist Florida cities in planning and implementing improvements benefitting the lives of all residents. The initiative will use existing resources and state technical assistance to identifY areas that need improvements, such as housing, health care, transportation, accessibility and community education. PROGRAM IMPACT: As part of the initiative, the Senior Advisory Board, with support from Recreation & Parks Department staff, will create a committee to begin assessing the City. The board will then create an action plan based on the results from the needs assessment. FISCAL IMPACT: N/A AL TERNA TIVES: Do not support the initiative. /-' ~._----_.. i~.. {....-~ Department Head's Signature City M nager's SIgnature /', .., ~nl 10 C;ty Manag" ~ '...1../ .: . d: n ~jy. ~., ; V~~ ~ . J - Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC 1 RESOLUTION NO. R08- 2 ., A RESOLUTION OF THE CITY COMMISSION OF j 4 THE CITY OF BOYNTON BEACH, SUPPORTING THE 5 FLORIDA DEP ARTMENT OF ELDER AFF AIRS' 6 COMMUNITIES FOR A LIFETIME INITIA TIVE; 7 PROVIDNG AN EFFECTIVE DATE. 8 9 10 11 WHEREAS, the City of Boynton Beach supports the Florida Department of Elder 12 Affairs' Communities for a Lifetime initiative to make Florida a friendlier place for people 13 of all ages, that they may be as independent as long as possible, and remain in their homes 14 and in the communities they love; and 15 WHEREAS, the State of Florida has the highest percentage of elders of any state in 16 the nation and our elder population will continue to increase, reaching numbers without 17 precedent in the first part of XXI Century; and 18 WHEREAS, in order to allow all residents to maintain their dignity, security and 19 independence, communities must evaluate, assess and modify their infrastructures to create a 20 Community for a Lifetime; and 21 WHEREAS, Boynton Beach and the Florida Department of Elder Affairs share the 22 vision and responsibility to improve the life of all citizens so they can prepare for and enjoy 23 aging in place throughout their life; and 24 WHEREAS, in order to achieve our mutual goals, cities and counties should begin 25 to build together a place free of physical, emotional and social barriers. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 28 S\CA\RESO\Legislative Actions\Support Communitics for a I ActJlnc.doc 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. 4 Section 2. That the City Commission of the City of Boynton Beach agrees that 5 our community will make every effort to first evaluate and later remove barriers to create a 6 Community for a Lifetime. 7 Section 3. This Resolution shall take effect immediately upon passage. 8 PASSED AND ADOPTED by the City of Boynton Beach, this Day of 9 March, 2008. 10 CITY OF BOYNTON BEACH, FLORIDA 11 12 13 14 Mayor - Jerry Taylor 15 16 17 18 Vice Mayor - Jose Rodriguez 19 20 21 22 Commissioner - Ronald Weiland 23 24 25 26 Commissioner - Woodrow L. Hay 27 28 29 30 Commissioner - Marlene Ross 31 ATTEST: 32 33 34 Janet M. Prainito, CMC 35 City Clerk 36 37 (Corporate Seal) S:\CA\RESO\Legislative Actions\Support Communities for a Lifetime.doc Communities for a Lifetime - What is a Community for a Lifetime" http:' www.communitiesforalifcttll1e.org/whaf.html A$'G1!~~12GO~' 10tf~~~'t_".di ".tM:itl " ~"rr I CQ'~~:~' .~i;")1@",,::l'j:;/~&.J,~~~" ::~_\~:ra~'~~:;~lts ~' "....._.~..tt'r')~~lt"."'.Jj""..,,b."1jt'''' ..I'........'.. . ........'., '''.' ...".'''1'''''''''''''' '1/ ,',' , :lf~;t.4l .1. ":-.MI,,; , : "7'~ ' ",r".. ""', "ttQ!.~.e:' " *--~~ii#'Ji-",'S!-v/ij;)k"~"'c' .', ^ ~ '~1111'11t - 7i,:c~,'" L,t,,- , WWlif"",,,\,;<jf.l>g ,AM.""7;.: ,- , "K'lf,,-,,;;-,"',,0i' >,;-':' \ . ttIeJ.. ." '."'" '[fHa,'" ',. '~Tferimmt"o drefr" , ~lc~~it~~, """ "',"::3"\~:';i,":"'>i' /, ,,' -- - --- ------ -- Home OUf Values: What is a Community for a Lifetime? Communities for a Lifetime is Governor Jeb Bush's statewide initiative to assist Florida cities towns and counties in planning and implementing improvements benefiting the lives of all residents, youthful or senior. This initiative recognizes the diverse needs of residents and the unique contributions individuals can make to their communities. Participating Communities for a Lifetime use existing resources and state technical assistance to make crucial civic improvements Accooota"ftitY in such areas as housing, health care, transportation, accessibility, business partnerships, community education, efficient use of natural resources and volunteer opportunities to the betterment of their communities Caregiver A Community for a Lifetime values individuals of all ages and engages communities in a process of Support continuous self-assessment and improvement Through this process, communities enhance opportunities for people to age in place, or continue living in their own communities for a lifetime, while also benefiting people of all ages Quality Once a community commits to creating a Community for a Lifetime, the first step is to assemble a team of community partners who will gather information about the opportunities, programs and services that are available to older adults, The information gathered can equip community planners to develop work plan strategies for incorporating universal design for housing. accessibility, health Interg_~~nal care, transportation and efficient use of natural resources. The Communities for a Lifetime initiative focuses on strengthening collaboration between local aging organizations and many other community partners. Partnerslltps 73 Participating Counties and Communities Alachua County City of Alachua Diversity Alachua County City of Gainesville Brevard County Brevard County City of Cape Canaveral Broward County City of Coral Springs City of Sunrise City of Tamarac Charlotte County Charlotte County Citrus County Citrus County Clay County City of Keystone Heights Collier County I of 3 I] 1,,20073:02 PM Comr(lUnities for a Lifetime - What is a Community for a Lifetime? Communities for a Lifetime - What is a Community for a Lifetime? Collier County City of Marco Island Palm Beach County City of Naples City of Belle Glade City of Delray Beach Duval County City of Lake Worth City of Jacksonville Village of North Palm Beach Village of Palm Springs Hendry County City of West Palm Beach Hendry County Pasco County Hernando County City of New Port Richey Hernando County Pinellas County Highlands County City of Clearwater City of Sebring City of Dunedin City of Gulfport Lake County City of Safety Harbor City of Mascotte City of Seminole Lake County City of South Pasadena City of St. Petersburg Lee County City of Tarpon Springs City of Cape Coral Lee County Polk County City of Lake Alfred Leon County City of Lakeland Leon County City of Tallahassee Santa Rosa County Town of Jay Manatee County City of Milton City of Bradenton Manatee County Sarasota County Sarasota County Marion County City of Venice Marion County City of Ocala Seminole County City of Casselberry Martin County City of Oviedo Martin County City of Stuart St. Johns County City of St. Augustine Miami-Dade County St. Johns County Miami-Dade County City of Miami St. Lucie County City of Fort Pierce Okaloosa County City of Port St. Lucie City of Crestview St. Lucie County Orange County Volusia County City of Maitland City of Ormond Beach City of Oakland Volusia County City of Ocoee Orange County City of Orlando City of Windermere Site Map: Oil City of Winter Garden cc City of Winter Park Osceola County Osceola County City of St. Cloud 20f3 3 of 3 V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 03/1M/UM Last Name First Name 1 st Choice 200 Choice 3ro Choice Dwork Jonathan Planning & Dev. Bd. Norfus Victor Planning & Dev Bd. Roundtree Lesha Education & Youth Community Employees' Pension Adv. Bd. Relations Bd. Board Slocombe Anderson Arts Commission 1 VI.-CONSENT AGENDA ITEM B.l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Tumed Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office o December 18,2007 December 3, 2007 (Noon) o February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31,2007 (Noon) t:8J March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM t:8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve piggybacking of bid for piping and associated materials awarded by Colectric Partners to Ferguson Enterprises, Inc. (alkla Ferguson Underground, Pompano Beach, FL) for the direct purchase of piping and valves needed for Phase lA and IB, Reclaimed Water System, Contract 2, Bid #039-2821-08/CJD in the amount of $506,507.00. EXPLANATION: The Reclaimed Water Phase 1 project will extend the City's reclaimed water system from the intersection of Golf Road and Congress A venue eastward and northward to the City Hall complex. This Phase will allow connection by several large users of water for irrigation including the City Hall/Civic Centerl Library complex, two public schools, the Cemetery and Little League Field, the East Water Plant, High Point, and Sterling Village among others. The City has received a grant for $1.5 million from the South Florida Water Management District for the initial portion of the Phase 1 project (Phase lA) with the condition that Phase lA (the section from Congress Ave. to Seacrest Blvd.) be completed by August 29, 2008. This Grant was approved and accepted by the City Commission on January 2, 2008. The only possible way that the City could meet the August deadline would be to pre-order the piping and valves that have a long lead time for production and delivery, and present those items to the contractor for installation. (See attached letter from Mathews Consulting for a discussion and comparison of three options for procuring these materials). Pre-purchasing these materials directly from a supplier would also allow the City to avoid paying state sales tax. Based upon the purchase price of $506,507.00, the sales tax savings amounts to approximately $30,400. By pre-purchasing these materials, the City will make payments directly to the vendor as required within the Sales Tax Recovery Program. Si\BUlLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The City received three responses for pre-purchased pipe materials utilizing awarded bids available for a piggy-backing. Ferguson Underground's submittal quoted approved pricing from Colectric Partners; H.D. Waterworks' submittal quoted approved pricing from the City of Punta Gorda; Lehman Pipe submitted a 'no quote'. The submittals were evaluated by Utilities' staff, and the piggy-back pricing from Ferguson Underground was the lowest, most responsive, responsible quote that meets all specifications and is in the best interest of the City. PROGRAM IMP ACT: Extending reclaimed water to the potential users in this phase will offset the current demand of approximately 1 million gallons per day from either potable water or the surficial aquifer. FISCAL IMPACT: $506,507.00 from account no. 404-5000-590-96-11 (REU 001) ALTERNATIVES: None, without jeopardizing meeting the grant deadlines. City Manager's Signature Assistant to City Manager UTILITIES Department Name City Attorney / Finance xC: Peter Mazzella V Barbara Conboy it~"-9 Chris Roschek Karen Riseley File S HULLUI".: FOR,\JS ,\(J["I),\ ITEM REQUEST FORM DOC Utilities Department Engineering Division Interoffice Correspondence TO: Carol Doppler DATE: March 10, 2008 Purchasing Agent/Finance PHONE: 6323 FROM: Karen Riseley PHONE: 6435 Contract AdministratorlUtilities PROJECT: Phase 1A and Phase 1B, Reclaimed Water System, Contract 2 City Pre-Purchased Materials SUBJECT: Piggy-Back Contract Award Pipe Materials bee: Kofi Boateng, Utilities Director Pete Mazzella, Deputy Utilities Director Michael Low, Deputy Utilities Director , l, \.,\ Chris Roschek, Engineering Division Manager Barb Conboy, Manager Utilities AdminlFinance Project File The Agenda Item Request Form for approval of a piggy-back using Colectric Partners bid, awarded to Ferguson Underground is attached for your review. Please not the following documents: Quote from Ferguson based on Colectric Partners' bid Complete copy of Ferguson's submittal to Col~ctric Partners Contact numbers for Ferguson and Colectric Award of bid to Ferguson - Page 2 of3 Expiration date of bid - Page 19 of 30 90 day guarantee of quoted prices The items the City anticipates ordering are considered non-stock or special orders; therefore, they are not included in the pricing matrix. On page 22 of 30, it describes the multiplier used to calculate the prices. Since the supplier's costs may change ,due to market conditions, the final quote to the City is based on today's prices. Ferguson will hold the quotedi>ric~s for 90 days from the date of quote to enable the City to order the pipe materials without an increase. Mathews' Consulting, Inc., Project Engineer, reviewed the pipe specifications and determined that the products meet specifications. 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Z <( W 0 B2/29/2888 11: 38 1 PAGE ~1 / 24 Utilities Department City Of Boynton Beach Engineering Division Request for Quote Date : February 29, 2008 No. Of Pages: 24 (Including cover page) To: Jason Mueller, Municipal Sales Manager Phone: 954-973-8100 Ferguson Underground Fax: 954-960-0095 2361 NW 22nd Street Cell: 954-325-1591 Pompano beach, FL 33069 iason.muellertlllferQuson.com ~ 561-742-6435 From : City of Boynton Beach Phone: Karen Riseley, Contract Administrator Fax: 561-742-6298 riseleyk@ci.boynton-beach.fl.us Subject: Reclaim Water Marn Pipe Quote Revised 2/28/08 cc: Phase 1 A and Phase 1 B, Reclaimed Water System, Contract 2 At this time, the City is requesting a formal quote on the attached materials list, the latest revision was made 2/28/08. . Prepare quote using todayJs prices . Complete Information Request and return with quote . Provide information regarding piggy.;.back agreement . If more than one quote is submitted, provide information for each contract The City is anxious to move forward with this project and we would appreciate a response NO LATER THAN MARCH 5TH, 2008. This will enable us to meet the following dates: Schedule: . City Commission Approval - March 18, 2008 . Requisition to Finance for Purchase Order - March 19,2008 . Finance issues Purchase Order (cor/firm by'FAX) ~ March 21, 2008 . Utilities will confirm order for specified items - March 21,2008 . Deliver date (30 days) - April 21, 2008 for specified items . City will pay invoice directly to supplier when shipment is received/accepted If you have any questions, don't hesitate to call me at 561-742-6435. If you r&eeilfe this fax In errQr, or experIence trouble with transmiSllion, pleese notIfy our office ImmedIately, at (581) 742-&400. Thank you. 82/23/2888 11: 38 , ':~, /'i '~;=:: 1 ~. Utilities Department City Of Boynton Beach Engineering Division Request for Quote Item Description - Reclaimed Water Unit Estimated Extended Cost No. PANTONE PURPLE PIPE Quanti "1 24" PVC eg05 RWM Push-on I LF 4,300 .....2 24" PVC C905 RWM RJ LF 2.500 ''''3 20" PVC C905 RWM RJ LF 40 *4 12" PVC C900 RWM Push-on LF 2,100 .....5 12" RVC C900 RWM RJ LF 2,100 - *6 8" PVC C900 RWM Push-on LF 2,100 **7 8" PVC C900 RWM RJ LF 850 "'8 6" PVC C900 RWM Push-on LF 2,900 **9 6" PVC C900 RWM RJ LF 950 ......10 24" Butterfl Valves EA 6 "'''*11 12" Gate Valves EA 12 ........12 8" Gate Valves EA 5 "'''*13 6" Gate Valves EA 12 *ALL QUOTES FOR 'PUSH-ON' PIPE WILL BE COMPLETE WITH GASKETS HALL QUOTES FOR JRESTRAINED JOINT' WILL INCLUDE MEGALUG PACKAGE, COMPLETE WITH GLAND PACK (aASKETS, NUTS, AND BOL TS) ***ALL QUOTES FOR VALVES WILL INCLUDE MECHANICAL JOINTS, VALVE BOXES AND LIDS, AND MEGALUG PACKAGE PLEASE REFER TO ATTACHED TECHNICAL SPECIFICATIONS REGARDING THIS INFORMATION In addition to the attached specifications, please note the following requirements: . Quoted prices may not be withdrawn or increased for a period of ninety (90) days after quote is approved by the City Commission . Shop drawings will be provided by pipe supplier If you r9c9;v9 thIs fax In error, or experience trouble with transmission. please notIfy our office immedIately, at (561) 742-6400. Thank you. 82/29/28138 11: 38 1 PAGE 83/24 Utilities Department City Of Boynton Beach Engineering Division Request for Quote INFORMATION REQUEST REGARDING PIGGY-BACK CONTRACT AND SUBMITTAL PLEASE PROVIDE THE NAME OF MANUFACTURER USED FOR QUOTE AND LIST ANY ALTERNATES AND SEPARATE PRICING IF APPLICABLE Name of i e manufacturer D~Q""," "'- State shi If prices are calculated on a percentage off basis, please provide your regular pricing at time of quota and demonstrate how price was determined. (Applies to any items on Material List that are not s eeifieall name in i -back contract Under the i -back contract a reement, is there a rovision for rice increases? If so, when was the last increase and the amount increased. + Volume rice discounts if a From date of uote, how Ion Which materials are readil available for deljve Please indicate which materials re uire advance orders s ecial orders/custom. Maximum/minimum lead time recommended to lace an order for these items? '0 s. 30 Dc< .s IlIo If you receIve this fax In error, or experience trouble wIth transmlllslon, please notify our office ImmedIately, at (581) 742.8400. Thank you. ;:)2/::3/2888 : _ : 38 , -; .' J. Utilities Department City Of Boynton Beach Engineering Division Request for Quote DOCUMENTS REQUIRED FOR USE OF PIGGY..BACK CONTRACT PLEASE PROVIDE THE FOLLOWING DOCUMENTS: 1. -back contract, address and hone number L-/ I 2. our firm and ent" V , 3. Ex iration Date 6 - ~ - ~()O . 4. Letter of award a v 5. lete bid submittal includin . Deliveries will be made to the following address unless notified otherwise: Utilities Department East Water Treatment Plant Site 124 East Woolbright Road Boynton Beach, FL 33435 (Seacrest Boulevard entry gat,e) . The City will designate a specific area within the Utilities complex and provide access . The City will be responsible for off-loading truck deliveries at this site . The City will be responsible for providing tarp to cover purple pipe If you rtlctllvl1 thIs fax in error, or experience trouble with traMsmluloM, pleasa Motify our office Immediately, at (5811742-8400. Thank you. PFice Quotation Page 1 of Mueller, Jason A [Ferguson] - 0314 POMPANO_WATERWORKS rom: Andy Crowe -1208 POMPANO_WATERWORKS [andy.crowe@ferguson.com] Sent: Wednesday, March 05, 2008 10:55 AM To: Mueller, Jason A [Ferguson] - 0314 POMPANO_WATERWORKS Subject: Email 8id# 8102031 Price Quotation # B102031 FEI-POMPANO BEACH WW #125 2361 N.W. 22ND STREET POMPANO BEACH, FL 33069-1394 Phone: 954-973-8100 Fax: 954-960-0095 Bid No.......: B102031 Bid Date...: 01/07/08 Cust Phone: 561-742-6317 Quoted By: BJ Terms.........: NET 10TH PROX Customer.: CITY OF BOYNTON BEACH Ship To.......: CITY OF BOYNTON BEACH A TIN: FINANCE DEPT AnN: FINANCE DEPT PO BOX 310 PO BOX 310 100 E BOYNTON BEACH BLVD 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 Cust PO#..: Job Name.: C900 PIPE 24,20,12,8 , Description Quantity Net Price UM Total Customer Code ITEM #1 SP-DRI8PP24 24 DR18 C905 PVC GJ PURPLE PIPE I. 4300 48.000 IT 206400.00 v SUBTOTAL 206400.00 ITEM #2 SP-DRI8PP24 24 DR18 C905 PVC GJ PURPLE PIPE ,. 2500 48.000 IT 120000.00 E282400 24 BELL REST FI C905 PVC 125 425.000 EA 53125.00 SUBTOTAL 173125.00 .. ITEM #3 DR18PP20 20 C905 DR18 CL235 PVC PURP PIPE 40 35.000 IT 1400.00 E282000 20 PVC BELL REST HRNS 1 350.000 EA 350.00 SUBTOTAL 1750.00 v ITEM #4 DR18PP12 12 C900 DR18 CLl50 PVC PURP PIPE v 2100 11.200 IT 23520.00 SUBTOTAL 23520.00 v ITEM #5 I- DR18PP12 12 C900 DR18 CLl50 PVC PURP PIPE 2100 11.200 IT 23520.00 ., It:' 11"'\1'\1\0 Price Quotation Page 2 of. FUFR1390C12 12 JT REST C900/Dl PIPE 105 74.000 EA 7770.00 SUBTOTAL 31290.00 - ITEM #6 DR18PPX 8 C900 DR18 CLl50 PVC PURP PIPE 2100 5.250 FT 11025.00 SUBTOTAL 11025.00 ITEM #7 DR18PPX 8 C900 DR18 CLl50 PVC PURP PIPE 850 5.250 FT 4462.50 v " 'I FUFR1390C8 8 JT REST C900/DI PIPE 42 40.000 EA 1680.00 .......~ {I, /' SUBTOTAL 6142.50 , ITEM #8 DR18PPU 6 C900 DR18 CL150 PVC PURP PIPE 2900 3.050 FT 8845.00 SUBTOTAL 8845.00 ITEM #9 DR18PPU 6 C900 DR18 CLl50 PVC PURP PIPE 950 3.050 FT 2897.50 y' FUFR1390C6 6 JT REST C900/DI PIPE 47 27.000 EA 1269.00 .- SUBTOTAL 4166.50 v' - ITEM # 10 HGHMLA24 24 MJ BFV LlA 6 2250.000 EA 13500.00 D461 SR 2PC SC CI VLV BX 19-22 REUSE 6 55.000 EA 330.00 E2024PV 24 MEGALUG F! C905 PVC 12 215.000 EA 2580.00 IMJBGP24 24 MJ C153 BOLT & GSKT PK LI GLAND 12 25.000 EA 300.00 SUBTOTAL 16710.00 ITEM #11 AFC2512MMLAOL 12 MJRWDI OL GATE VLVLlA 12 1060.000 EA 12720.00 D461 SR 2PC SC CI VLV BX 19-22 REUSE 12 55.000 EA 660.00 E2012PV 12 MEGALUG FI C900lIPS PVC 24 60.000 EA 1440.00 IMJBGP12 12 MJ C153 BOLT & GSKT PK LI GLAND 24 9.000 EA 216.00 SUBTOTAL 15036.00 ITEM #12 AFC2508MMLAOL 8 MJ RW DI OL GATE VLV LlA 5 525.000 EA 2625.00 D461 SR 2PC SC CI VL V BX 19-22 REUSE 5 55.000 EA 275.00 E2008PV AP 8 C900 MEGALUG ACC PKG 10 29.000 EA 290.00 IMJBGPX 8 MJ C153 BOLT & GSKT PK LI GLAND 10 7.500 EA 75.00 - SUBTOTAL 3265.00 - ,.., IL' 1""'''An PFice Quotation Page 3 of I ITEM #13 I AFC2506MMLAOL 6 MJ RW DI OL GATE VLV L/A 12 325.000 EA 3900.00 51SR 2PC SC CI VLV BX 19-22 REUSE 12 55.000 EA 660.00 E2006PV 6 MEGALUG F/ C900/IPS PVC 24 21.000 EA 504.00 IMJBGPU 6 MJ C153 BOLT & GSKT PK L/ GLAND 24 7.000 EA 168.00 SUBTOTAL 5232.00 v' Net Total: 506507.00 Tax: 0.00 /' Total: 506507.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT. Quotations are offered contingent upon the Buyer's acceptance oj Seller's terms and conditions. Seller objects to alIother terms and conditions. Seller not responsible for delays or lack of product due to causes beyond our control. Purchaser's sole warranties, if any, are those provided by the manufacturer. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SELLER BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT. SELLER'S LIABILITY, IF ANY, SHALL BE LIMITED TO THE NET SALES PRICE RECEIVED BY SELLER. Complete Terms and Conditions are available upon request or can be viewed on the web at www.ferguson.com/sales-terms.html. ,., 1/: /") rv\ 0 " CprOOl5 ) 411 COLECTRICPARTNERSm PURCHASE AGREEMENT for I PIPE, VALVES AND FITTINGS I I with I FERGUSON ENTERPRISES, INC. I EAG POlVER 1m H Nebraska Public Power District AlwllYS there when you need liS OUC8 Santee . ----_-._--~--_._---~-_._._..---~---_._-- Cooper: The Reliable One'L Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent o/Colectric Partners, Inc. Page I of 2 GtI COLEaRlCPARTNERS~ Public Power Connection Contract Summary Commodity: Pipe, valves and fittings to various ASTM specifications for carbon, malleable iron, stainless, alloy, and other exotic metals, includes welded, seamless, forged, etc. Predominantly domestic materials all FOB delivered. Ferguson offers special value-add program features to meet customer specific delivery requirements for inventory and stocking. Supplier: Ferguson Enterprises, Inc. 12500 Jefferson Avenue NewDort News VA 23602 Utilities JEA, MEAG, OUC, LCRA, NPPD, SC Participating: If interested in participatinQ, call the supplier contact below. Term: Effective May 3, 2004 through May 2, 2009 Pavment terms: Net 30 F.O.B. point: Destination Standard delivery: Stock items: 24-72 hours Warranty: 1 Year Colectric contact Name: Tim Tilley Office: 904.360.1339 Email: ttillev@colectric.com Fax: 904.360.1333 Supplier contact Type: Primary contact: After-hours contact: Name: Joe Costanzo 757.869.8565 Cell Company: Ferguson Enterprises, Inc. 757.599.5385 Home Office: 757.989.2555 Barrey Camp Email: Joe. costanzo@ferquson.com Cell 757.871.5702 Mobile/Pager: Office 757.989.2637 Fax: 757.989.2521 SUDDlier website: www.ferauson.com Colectric CPI0015 Agreement / Contract Number INDIVIDUAL UTILITY CONTACT INFORMATION JEA - Lane Piping & Equipment - Heyward LCRA - Russell House - 512.445.5140 cell Whiddon, 904.387.2525 512.422.6469 MEAG - Paul Bednarowski - cell -770.206.0812 NPPD - Lucas Bernt, 402.328.8589,402.610.6183 Fred Roussie - 404.688.8700 OUC - Lane Piping & Equipment - Mike Thompson cell 863.559.8889; Brad Brown office phone SC - Andy Jones 843.662.5241 Cell 317.432.0779 800.243.3594, office fax 863.666.5310 CPIOOl5 PURCHASE AGREEMENT FOR PIPE, VALVES AND FITTINGS WITH FERGUSON ENTERPRISES, INC. This Purchase Agreement (Agreement) for furnishing and delivering various sizes and . specifications of pipe, valves and fittings including other services is entered into effective May 3,./ 2004 by and between Colectric Partners, Inc., a Georgia nonprofit corporation with principal place of business at 76 South Laura Street, Suite 1500 Jacksonville, FL, 32202 (CPI) on behalf of its participating utilities (any reference to CPI shall include participating utilities) and Ferguson Enterprises, Inc., 12500 Jefferson Avenue, Newport News, VA. 23602 (Ferguson). This Agreement is the result of a collaborative solicitation issued jointly by the Tennessee Valley Authority (TVA) and CPI. The document has been summarized to follow the chronology of the initial solicitation request for proposals, the resulting proposal dated October 09, 2003, clarifications, and the best and final offer from Ferguson, all of which are incorporated herein by reference. The Agreement conditions and attachments A through 0 are also made a part of this Agreement. This Agreement represents a collaborative procurement by CPI for public power utilities that are participating in CPI's Supply Chain Management Initiative. CPI is a not for profit corporation established to facilitate collaboration and provide support to enable public power utilities to reduce cost and conserve revenues through improved supply chain strategies. The public power utilities participating in this collaborative procurement include the JEA headquartered in Jacksonville, Florida; Municipal Electric Authority of Georgia (MEAG) headquartered in Atlanta, ~ I r Georgia; Nebraska Public Power District (NPPD) headquartered in Columbus, Nebraska; the t II Orlando Utilities Commission (OUC) headquartered in Orlando, Florida; and Santee Cooper . if: headquartered in Moncks Corner, South Carolina. An overview of each of these utilities is i I attached. Other Colectric member public power utilities may be granted participation in this Agreement but only by the mutual agreement of all parties. The Agreement shall be considered a CPI Master Agreement and CPI will have the sole responsibility for the overall management of the Agreement. I The public power utilities participating in this collaborative effort shall have the authority to issue I or release individual Purchase Orders (PO) against this Agreement in accordance with its terms, conditions and pricing. POs issued by participating public power utilities will be considered as individual contracts against the Agreement. Administration and management of individual POs shall be the sole responsibility of the issuing utility. Administration and management of the PO includes assuring accuracy of the description, price, and quantity of items ordered, performance by the supplier to fulfill delivery commitments, receipts, accuracy of billing and payment, and resolution of claims and disputes. Once an award is made and releases are issued for products referencing a specific manufacturer and part number, the supplier is required to ship what is requested and not ship a substitute product without the prior review and approval of the ordering utilities official representative. Authorized Signatures: Agreed to by the parties as aforementioned signed by authorized representatives of the individual companies on the date(s) indicated below: C07rt~c, I By: Timoth;; T~ley ~ Director of Supply Chain Initiatives Colectric Partners, Inc. :".;;::/: Confidential - !nfonnation contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 2 of 30 ! .'') j "" CPIOO 15 TABLE OF CONTENTS TOPIC PAGE PURPOSE, SCOPE, AND INTENT ...................................................4 AGREEMENT CONDITIONS.. ............,.................................. ....... ...8 ATTACHMENTS: A - AGREEMENT SNAPSHOT B - PVF PRICING MATRIX C - CPI LOCATIONS AND DELIVERY ADDRESSES D - FERGUSON LINE CARDS I i ~'::, I Confidential - Information contained herein is considered company confidential and is not to be disclosed ", to third parties without the prior written consent of Colectric Partners, Inc. Page 3 of 30 CPIOO15 PURPOSE,SCOPE,ANDINTENT The purpose shall be to establish a master agreement for supplier to furnish, sell, stock, and deliver an indefinite quantity of pipe, valves, fittings and related products or services to CPI member facilities/plants. These products and services will be provided as required and requested by CPI members. As a partner with CPI, the supplier will offer for consideration suggestions for enhancements to productivity, new technologies, improved costs, efficiencies or other observations for continuous improvement. The supplier shall bring to CPI for consideration any state-of-the art improvements, changes, advancements, or new technology with regard to services and products. The supplier will be required to furnish pricing for any requested quotation for additional services or products prior to beginning any new or additional work scope under such an Agreement. In no event shall the price exceed the prices charged for comparable work to the supplier's most favored customer similarly situated with the same delivery and service requirements. It is the intent of this Agreement to provide the flexibility of allowing changes/enhancements to existing products as well as adding new products or services during the term of the Agreement. The materials to be delivered would be detailed on each individual purchase order, release/request for delivery (written, FAX, EDI, phone) issued from time to time by members. I I This Agreement is intended to be a strategic alliance arrangement between CPI members and r the supplier under which all parties' benefit. CPI has defined the key elements of a strategic i I alliance relationship wherein: . All seek a win-win relationship. . Value is placed on long-term relationships. . Trust and openness are norms. I . An environment for long-term mutual profitability exists. I I . All are encouraged to openly address any problem. . All understand that neither benefits from exploitation of the other. . Innovation is encouraged. . Each partner is aware of the other's needs, concerns and objectives, and is interested in helping its partner achieve such. Confidential-Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 4 of 30 I CPIOO15 PRICING Prices are provided in the Pricing Matrix, Attachment A. The items listed in Attachment A represent the majority of Colectric's participating utilities previously purchased categories of pipe, valves and fittings. After award of this agreement each participating utility will present to Ferguson its individual bill of materials for specific pipe, valve and fittings items to be priced in accordance with the terms of this agreement. This list will also serve as the basis for identifying specific items to be carried in stock by the servicing Ferguson branch, and to the extent possible, those items that are specials or not available for stock at the servicing branch. All stock items will be priced in accordance with the applicable identified price list with multiplier or discount as bid, or by applying a margin to Ferguson's branch acquisition cost of 9% if not listed but carried in stock. All non-stock or special order items will be priced at the applicable margin of 14% as bid. FOREIGN MATERIALS Ferguson has stated that certain items may be provided that are of foreign manufacture, as follows: Product Country of Manufacture Carbon Steel Weld Fittings Mexico Seamless Carbon Steel Pipe Italy Malleable Iron Fittings Taiwan Stainless Steel Pipe and Fittings Taiwan Domestic manufactured items are also available and will be furnished in accordance with the markups stated above under pricing. Both the foreign and domestic manufacturers are identified in Attachment C, Pricing Matrix. VOLUME PRICE DISCOUNTS/REBATES Individual purchases - discount per dollar level: $100,000 and over- discount 1 % Volume price or rebate - $7.5 to $10 million 1 % (Total Colectric) Volume price or rebate -- $10,000,001 up 2% (Total Colectric) (Note when threshold is reached rebate is retroactive for all expenditures) INVOICE PAYMENTS. Colectric participating utilities will make every attempt to take advantage of early payment discounts. The early payment discount will override the 30-calendar day invoice payment terms listed in Terms of Payment. All other terms listed in the Terms of Payment clause shall remain. Payment Terms Payment terms are Net 30 days. FORECAST DATA/ ESTIMATED ANNUAL EXPENDITURES Aggregated expenditures from all participating utilities for pipe, valves and fittings items are estimated to be $5 million per year. This estimate is based on both history of use and projections for future use. However, no commitment can be made that Colectric or its participating member utilities will meet the estimated annual expenditure amount. w' I Colectric has limited capability of providing forecast information to suppliers. Ferguson will work with each participating utility to provide a detailed description of the value derived by Colectric and the participating utilities providing a forecast on a monthly or quarterly basis, or otherwise as feasible. Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 5 of 30 ~. f: i CPIOO15 I TRANSPORT A TION Shipment of materials is F.O.B. - Destination. Materials are to be delivered in accordance with instructions contained on each individual release against the agreement issued from time to time by participating utilities. The delivery locations and addresses for Colectric utility locations are listed in Attachment C to this document. Different i freight rates for delivery of carbon steel pipe may result in slightly different total costs for the pipe to the Colectric utilities. (This only applies to carbon steel pipe.) LEAD-TIME/DELIVERY DATA The lead-time for stock items is a minimum of 24 to a maximum of 72 hours after issuance of a I release. The lead-time for non-stock or specialty items is will be determined at the time of the I release of the purchase order. I If a participating utility requires and requests delivery in less than normal delivery time as stated above. Ferguson shall be entitled to an emergency delivery charge of $50.00 per release. For routine deliveries and supplier managed inventory Ferguson in most cases is strategically located to provide multiple deliveries on a weekly basis. Ferguson offers a schedule of 2 deliveries per week with emergency shipments as required. The exceptions to this delivery promise would include the following locations: Lexington, NE, Sutherland, NE and North Platt, NE For the exceptions. Ferguson offers motor freight shipments once per week, with a Ferguson truck delivery every two weeks. Again, emergencies would be handled on as needed basis. AGREEMENT SUPPORT Joe Costanzo 12500 Jefferson Avenue. I Newport News, VA 23602 Joe .costanzo@ferQuson.com Phone - 757-989-2555 Fax - 757-989-2521 I I Barrey Camp 12500 Jefferson Avenue Newport News. VA 23602 Barrey .camp@ferquson.com Phone - 757-989-2637 Fax - 757-989-2521 Other individuals will be identified on a branch-by-branch basis to support the various Colectric participating member utility locations. A list of those representatives and primary contacts with emergency contact information will be provided by Ferguson to each member utility representative as requested. VALUE ADDED SERVICES Inventorv Buv-Back Ferguson agrees to buy back inventory and issue credit as follows: Inventory type A items: Credit for buy back of inventory items (excluding SMI inventory items) that are normally stocked at the supplier's distribution facilities, and which are factory new and in Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners, Inc. Page 60fJO i I CPIOO15 resalable condition, will be at 90 percent. Credit for SMI inventory items will be at the unit prices in the SMI agreement. Inventorv tvoe B items: Credit for inventory items that are normally stocked at the supplier's distribution facilities, and which need new packaging to be put into resalable condition, will be at 75 percent. Inventorv tvoe C items: Credit for inventory items that are not stocked at the supplier's distribution facilities but which are saleable as surplus will be at 50 percent of the supplier's disposal sale price, with the supplier retaining 15 percent. Customer and the supplier will agree on the value of the non-stocked items prior to sale and credit will be issued for the agreed upon amount. Inventorv tvoe 0 items: Inventory items that are identified as only having a scrap value will be disposed of by the participating utility. NUCLEAR CERTIFICATION Ferguson Enterprises holds an ASME Section III Certification QSC #332 (Energy and Process Corporation, subsidiary of Ferguson Enterprises). INVENTORY MANAGEMENT SERVICES I Ferguson provides a wide array of inventory management services. They include the following: )> Three Phase Storeroom Analysis - This process requires an electronic download of the client's storeroom products. The preferred data would include the client stock code, bin location, short and long descriptions, unit of measure, usagelissues information, manufacturer, and manufacturer part number. The first phase includes identifying the obvious and verifying those products as the actual items on the shelf. These are then ramped in our system. (See SKU Rationalization) Phase 2 would include those items, which we think we know but are not absolutely certain. The walk down then includes touching all items in this category for confirmation. Phase 3 takes into consideration those items, which are totally I unidentifiable. In other words we don't have a clue as to what they may be. This category is I the toughest as many times our clients do not have any on hand. In all phases, reports are returned to the client with recommended description changes, obsolete items identified with recommended replacement, and potential substitutes for cost savings. At this point we have the basis for recommending buy backs and other inventory reduction suggestions. )> SKU Rationalization - SKU rationalization occurs as a natural process within Ferguson's ramping up process. The process for ramping stock coded items in the Ferguson System requires the creation of a "Fast Link" of the customer's code by location, to a specific Ferguson product code. Our system will not allow more than one customer stock code by location to be linked to a Ferguson product code. When we attempt to establish a second link the system then generates a message verifying the previous utilization of that stock code to a different Client Cust Code 10 and denies this action to occur. The system provides us with the previously used Client Cust Code 10 and we recertify the data. If both items are found to be the same, the Client has a duplicate within that storeroom. Further rationalization occurs upon completion of the ramping process. We can then generate a report showing alllD's from all storeroom locations linked to the one Ferguson product code. If different Client Cust. Code 10's are linked to the same Ferguson product code, an opportunity for rationalization occurs. This report is then researched for validity and subsequently presented to the Client for action. Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners. Inc. Page 7 of 30 I J CPIOO 15 }> Vendor Managed Inventory - There are certain products, primarily meeting the criteria of I low dollar value and high usage, which lend themselves to be candidates for VMI. Most VMI programs actually drive the cost to serve up because they tend to be labor intensive. We believe VMI can be good for both parties if you can drive the labor cost down but still create a no stock out environment. We utilize a hand held palm pilot and bar coded bin labels to maintain a high level of accuracy and the ability to electronically upload replacement orders to our mainframe }> Consignment - Consignment in its truest sense is strictly a transfer of cost. However, there are certain circumstances, which lend themselves to actually reducing the cost to serve and consequently result in wins for both parties. A specific example would be remote locations. If we provide a consigned inventory for remote locations we actually reduce the cost to serve by reducing the number of deliveries required to prevent stock out situations from occurring. We have, in some cases consigned up to 6 month's inventory levels and still reduced the overall cost to serve, allowing a total lower cost to the client. }> Centralized Dedicated Inventories ~ Certain products lend themselves to special attention. Limitorque is a perfect example. Most plants have an inventory of parts for Limitorque products. These inventories are not shared, they turn slowly, and become a just in case inventory. We provide analysis to justify taking products like this and removing them from your bins, establish a central stock depot capable of 24-hour service, and begin to reduce the inventory. This action takes advantage of multiple plant usage rather than one plant's demand. PERFORMANCE MONITORING AND REPORTING Performance monitoring is the key to the success of any long-term agreement. First and foremost, the benchmark must be established. In other words, where are we today? Goals can then be agreed upon and work can commence toward attaining those goals. It is imperative these goals be quantifiably measurable and mutually agreed upon. Needless to say they must be attainable. I I Ferguson believes to drive performance improvement, measurement of actions required to I improve must occur. Behavior is ultimately driven by measurement. Ferguson's Key Performance Indicator program measures 72 performance metrics on every customer transaction. The metrics I are then run through macro's, which convert and automatically graph the trends on a 12-month rolling basis. A sample report is available upon request. Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners. Inc. Page 8 of 30 I ""'J -") CPIO015 AGREEMENT CONDITIONS AGREEMENT DEFINITIONS The words and terms specified in this section, or pronouns used in their stead, shall, for the purpose of this Agreement, have the meaning as given herein. - Supplier: the successful Offeror, its authorized successors, and permitted assigns. It shall mean the person, persons, partnership, company, or corporation undertaking the performance of the work required by this Master Agreement. - Member: A participating utility, company, or its representative authorized to issue and manage the administration of purchase orders for delivery of materials under this agreement. - Master Agreement: collectively, all covenants, terms, and stipulations contained in the various portions of this agreement, to wit: the Agreement; the Terms and Conditions; and the Attachments and such technical specifications, drawings, procedures, and policies which may be required for completion of the service. - Purchase Order: A specific release or request for delivery of materials against this Master Agreement. - Locations: any participating utility fossil or hydro plant, nuclear facility, customer service center, power substation, office building or other facility as identified by delivery address on individual Purchase Orders at which materials and related products shall be provided under this Agreement. - Agreement Manager: the person, or representative, designated as authorized to issue this solicitation, negotiate a resultant agreement, and manage that agreement on behalf of CPI and for the benefit of the members. ASSIGNMENT This Agreement or any interest therein or in any moneys due or to become due shall not be assigned, used as collateral, or otherwise disposed of without previous written consent both parties. AUDIT RIGHTS During the term of this Agreement and for a period of three years following its termination, member shall have the right, at reasonable times and upon reasonable notice, to audit and inspect, any and all of the records having a bearing upon matters dealing with the Agreement. Supplier shall grant representatives of CPI and members full access to these records to the extent necessary to adequately permit evaluation and verification of compliance with the terms and conditions of this Agreement specifically including cost and allocations. BAR CODING When any member institutes a bar coding system and notifies the Supplier, the Supplier agrees to implement bar coding for the items to be delivered on this Agreement. CHANGES The Agreement Manager may at any time, by written notice, and without notice to the sureties, make changes in the work within the general scope of this Contract, including but not limited to changes: (1) in the drawings, designs or specifications; (2) in the method or manner of performance of Supplier's work; (3) in CPI's furnished facilities, equipment, materials, services or site; (4) directing acceleration or deceleration in the performance of Supplier's work. If such changes cause an increase or decrease in the amount of work under this contract or in the time necessary for its performance, an equitable adjustment will be made in the price or the time allowed for performance, or both, and the contract shall be modified in writing accordingly. CPI shall not be liable for increased costs in connection with any changes or delays, whether in tort or in contract, except as specifically provided herein. Supplier must assert its claims for adjustments under this clause within 30 days from the date the change is ordered, and in the meantime the supplier shall proceed with the work as so changed. No claims will be accepted after 30 days Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 9 of30 I \ CPIOO15 unless the Agreement manager so chooses. In no case shall a claim be considered after final payment under this contract. All unchanged work shall proceed as required in the contract. If at any time the Supplier believes that acts or omissions by cpr constitute a change to work not covered by a change notice, the supplier must notify CPI in writing within 30 calendar days from its discovery in order for the request to be considered. CHANGES TO RELEASES The ordering utility may at any time make changes to the work scope on releases issued against this agreement. If these changes cause an increase or decrease in the amount of work under the release or in the time necessary for its performance, an equitable adjustment will be made in the price or the time allowed for performance, or both, and a written revision to the release will be issued accordingly. The ordering utility may also at times request that delivery dates be changed due to project schedule revisions. These changes will be negotiated with the supplier. COLECTRIC AND CONTRACTOR REPRESENTATIVES The Agreement Manager (Contract Manager/Agent) is Colectric's duly authorized representative for all purposes of managing this Master Agreement until otherwise stated. No changes shall be made to this Master Agreement without written consent of the Agreement Manager for Colectric. Unless otherwise provided, Supplier shall furnish all correspondence regarding this master agreement to the Agreement Manager. The Colectric Agreement Manager designated for this agreement is the Director of Supply Chain Management Initiatives. All correspondence regarding this master agreement shall be directed to his/her attention at Colectric Partners, Inc., 76 South Laura Street, Suite 1500, Jacksonville, Florida 32202. CONTRACT GOALS Colectric's intent is to enter into mutually beneficial relationships with suppliers for total cost I reduction and improved service to operational customers. To accomplish this, performance goals, plans, and related schedules of implementation will be included in the agreement. I Consistent with this approach, the goals will be mutually determined between Colectric, the I participating utilities and the supplier, and the contract representative from each participating I utility will measure performance. The supplier and contracts representatives will maintain close communication, and the supplier may be required to participate on a team to meet the goals. Participating utilities expect 100 percent on time delivery and zero quality defects; however, the supplier is required to meet a minimum monthly shipment performance of 95 percent. Other goals, such as, price reduction and total cost reduction, will be negotiated between participating utilities and the supplier. Offerors who succinctly describe how they can help Colectric and its members reduce cost and better meet operational needs may receive enhanced consideration by Colectric. CLAIMS BY THIRD PARTIES The Supplier shall, at his own expense, assume the defense of and save harmless CPI and its members, their agents, officers and authorized representatives from all claims for materials furnished or work done; shall promptly discharge the same and not suffer any mechanics or other liens to remain outstanding against any of the property used in connection with the work; and shall, on request, furnish satisfactory evidence that all persons who have done work or furnished materials have been fully paid. If the Supplier fails to comply with its obligations as above, CPI or an individual member may take such steps as it may deem appropriate to discharge such liens or Confidential-Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 10 of30 ~ "j ........,. ) CPIOO15 claims and may withhold from any moneys due the Supplier such amount as may be necessary to satisfy and discharge the same and any expense incident thereto. COST REDUCTIONS One of the major objectives of CPI and its Supplier's is to constantly strive for continuous improvements and cost reductions through various means such as documented manufacturer price reductions, brand standardization, alternate product recommendations, process improvements, etc. The supplier agrees to support these objectives. CUSTOMER SUPPORT SITE VISITS Supplier must be willing to make mutually agreeable periodic site visits as requested by members. These site visits should be coordinated with the Site Procurement Manager and the members authorized procurement representative. DELAYS, REMEDIES, AND WAIVERS If the Supplier does not meet contract performance schedules, or maintain adequate progress, within the time specified regardless of reason, the Agreement manager may terminate Supplier's right to proceed with all or any part of the contract and may complete the contract by whatever method the agreement manager deems prudent, charging against Supplier (and its sureties, if any) any excess cost. However, if Supplier, within 7 calendar days from the beginning of any delay, notifies Agreement manager in writing of causes of delay, Supplier's right to proceed shall not be terminated when Agreement manager determines, in his or her sole judgment, delay is due to unforeseen causes beyond Supplier's control and without its fault, such as strikes, quarantines, embargoes, floods, or acts of God. Within seven (7) days after the cessation of any such delay, Supplier shall file a written notice with CPI specifying the duration of the delay. Failure to give any of the above notices shall be sufficient ground for denial of any extension of time. If CPI determines that the delay was unforeseeable and that it was beyond the control of and without I the fault or negligence of Supplier, CPI will determine the duration of the delay and will extend the time of performance accordingly. Supplier's delays due to delays of its sub suppliers or suppliers, whether party to the contract or not, will not be excusable unless (1) delay was also due to causes beyond their control and without their fault, and (2) goods or services could not have been procured in the open market. Determination of causes and extension of time are final and conclusive except as provided in Condition Contract Interpretation. Even if a delay is excusable, Agreement manager may terminate the Supplier's right to proceed if termination would be in CPl's best interest. In such case, contract shall be equitably adjusted and modified accordingly. Failure to agree to adjustment shall be a dispute concerning a question of fact and decided in accordance with Condition Contract Interpretation. To allow or require completion of contract after specified completion time shall not constitute an extension of time or a waiver of any right or remedy CPI may have because of Supplier's delay. No extension of time shall release Supplier's sureties from their obligations. No waiver of any breach of this contract shall waive any other or subsequent breach. No time limits in this contract shall be waived by Agreement manager's consideration or any untimely notice or information by Supplier. All rights and remedies afforded CPI shall be cumulative, that is, in addition to every other right and remedy provided under this contract or by law. The Supplier's sole remedy for delays shall be an extension of time. DELIVERY All material deliveries shall be accompanied by appropriate documentation, such as packing lists, providing the necessary information such as description of items, quantity, weight, etc., in order to correctly and accurately receive the delivery. Delivery dates may be used in measuring and/or I evaluating supplier performance. ELECTRONIC DATA INTERCHANGE (EDI) The Supplier may be requested by individual members to implement an EDI system compatible to members for receiving and transmitting transactions. The member and the Supplier will facilitate Confidential- Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners, Inc. Page 11 0[30 I CPIOO 15 purchase transactions by electronically transmitting and receiving data in agreed-to format in accordance with members and suppliers capabilities. Such resulting agreements should define I document standards, value added network requirements, and system operations, and as a minimum will follow ANSI ASC X.12 standard. EMARKETPLACE - CATALOG CONTENT In order to more efficiently manage blanket agreements and process procurement transactions, CPI has developed an Internet based marketplace called eMarketplace Connection. This marketplace is operated through a remotely hosted software service so that agreement information can be accessed through electronic catalogs. The marketplace is private and may be accessed through a web browser using secure passwords. Only those parties authorized by this contract may view or use the marketplace for purposes of processing orders for the covered commodities. If the covered commodities are made available through the marketplace, the supplier(s) will be expected to assist CPI in building and maintaining catalog information. Preparing and updating a simple EXCEL spreadsheet accomplish this. Advantages to participating suppliers include: improved customer satisfaction, consistent order format and method of communication for more efficient processing, and broader more thorough reach to targeted customers. There are no licensing fees or transaction fees required. ENTIRE AGREEMENT This Contract embodies the entire agreement between the CPI and Supplier and supersedes all other communications, either oral or written. The parties shall not be bound by, or be liable for any statement, representation, promise, inducement or understanding not set forth herein. No amendments or modifications shall be valid unless incorporated into the contract in writing. INDEMNITY The Supplier, by entering into agreement for the scope of work covered by the contract, acknowledges awareness of the location, nature and hazards of such work scope. As such, the Supplier releases CPI, its agents and employees, from all liability for Supplier's personal injuries, property damage, or loss of life or property arising out of or in any way connected with the performance of this contract. The Supplier will indemnify and defend CPI, its agents and employees, and save each of them harmless from any and all liability to Supplier's employees or ! any third parties for personal injuries, property damage, or loss of life or property resulting from or in any way connected with the performance of this contract. However, the foregoing indemnification shall not apply to injuries or damages to persons or property for the extent to which the proximate cause is the negligence of CPI, its agents or employees. The Supplier shall bear all expenses incurred by CPI, its agents or employees, in defending all claims and action for damages arising out of the foregoing injuries, damages or losses, and shall pay all judgments that may be rendered in such actions, except to the extent the proximate cause of such injuries, damages, or losses was the negligence of CPI, its agents or employees. In any action by CPI to enforce this Indemnity provision, the issue of to the extent which injuries, damages, or losses were proximately caused by the negligence of CPI shall be tried de novo. Additionally, no judgment, pleading, or any other matter connected with any other action for such injuries, damages or losses shall be admissible against CPI in any such indemnity enforcement action. The Supplier shall defend and save harmless CPI from all claims for material furnished or work done and shall promptly discharge the same and not suffer any mechanics or other liens to remain outstanding against any of the property used in connection with the work. Furthermore, the Supplier shall, on request, furnish satisfactory evidence that all persons who have done work or furnished materials have been fully paid. The Supplier shall pay CPI the cost, including overhead, of any services or materials provided by CPI to any persons, including sub suppliers, engaged in carrying out any of the Supplier's obligations in connection with this contract. CPI reserves the right to withhold from any sums due the Supplier sufficient sums to satisfy all such claims. If after written Confidential-Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners, fne. Page 12 of30 I .._--\ .''J J CPIOO15 notice from CPI, the Supplier fails to satisfy such claims. CPI may adjust and pay the same upon a fair and reasonable basis out of any withheld funds. The Supplier shall be an independent Supplier for all purposes of this contract, and all persons engaged in fulfilling the Supplier's obligations under the contract shall be the servants of the Supplier or its sub suppliers and not the servants or agents of CPl. Nothing contained in this Contract or any subcontract awarded by Supplier shall create any contractual relationship between the Supplier's sub supplier(s) and CPI. Supplier shall comply with Federal, State, and local laws (including regulations) affecting performance of its obligations under this contract and will indemnify and defend CPI from all liability resulting from its violation of such laws, regardless of whether CPI and the Supplier are determined to be joint employers or co-employers. Supplier is responsible for ensuring compliance, including compliance by its sub suppliers, with applicable compensation laws, rules, and regulations such as Fair Labor Standards Act. If this contract is for Nuclear-related materials and/or services and contains a Special Condition entitled Nuclear Enerqv Hazards and Nuclear Incidents, nothing in this Condition Indemnitv shall be construed as reducing the rights of the Supplier provided under the provisions of Nuclear Enemv Hazards and Nuclear Incidents. INSPECTION Inspection shall be made by the ordering utility at destination unless otherwise specified. Inspection shall not relieve the supplier for failure to meet agreemenVPO requirements. INVENTORY BUY-BACK The supplier agrees to support CPI and participating utilities in their material management efforts by buying back any unused material it furnished that is determined to be excess at the end of the specific project for which it was purchased. Supplier may also assist the participating utility in reducing its inventories by coordinating movement of excess materials between facilities in place of processing orders. Specific costs and prices for this shall be negotiated between the supplier and the participating utility. Supplier will work with the designated Contract Manager or Materials Management Representative and prepare a list of the material remaining at the end of the project. Payment for the one-time buy back shall be accomplished by check made payable to the utility or by credit memo issued within 30 days of notification by the utility. All material will be in "like new" condition when returned. This requirement is not applicable to fasteners or similar materials that require certification, documentation, or where trace ability of the material would be lost. INVENTORY MANAGEMENT SERVICES The Supplier, if requested, shall perform a detailed inventory walk down and evaluation of the pipe, valves and fittings inventory at each member fossil, hydro, nuclear, and distribution center location. The minimum item information that will be provided to each member as a result of the inventory evaluation is: 1. Member utility stock identification number 2. Brief Item Description 3. Manufacturer's Name and Manufacturer's Part Number (if known) 4. Duplicate Inventory 5. Availability in the Supplier's Inventory 6. Obsolescence (if known) 7. Recommended Equivalent Replacements Walk downs will be coordinated between the Supplier and appropriate member site personnel. Copies of each walk down report must be provided to member site personnel and to other identified member personnel as applicable. Discussions regarding buy-back possibilities by the Supplier will be conducted on a case-by-case basis. Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners, Inc. Page 13 of30 CPIOO 15 In order to ensure that the delivery requirements of this agreement are met, the Supplier must maintain the appropriate items and quantities in inventory (stock). The supplier will continually review member's usage to determine the appropriate inventory items. The Supplier will be required to identify to the responsible member contract administrator both stock and non-stock items and the associated member utility stock identification number. LAWS AND REGULATIONS Individual purchase orders (contracts) issued by CPI participating member utilities shall be governed by applicable state law based on each ordering utilities governing regulations. However, the Supplier and its employees and representative(s) shall comply with all applicable federal, state and local laws, ordinances, statutes, rules and regulations in effect during performance of work under the contract. In the event of violation(s) by Supplier, all fines and penalties assessed against Supplier, along with any corrective actions and rework, shall be paid for by Supplier and will not be considered as a reimbursable cost under the Contract. In addition, Supplier indemnifies and holds harmless CPI and its officers, employees and agents, from any liability resulting from any such violation of law, to the extent that such violations of law are attributable to the action or inaction of the Supplier and/or its personnel. If, during the performance of this Contract, the Supplier is impacted by changed or new laws, ordinances, statutes, rules or regulations which are enacted and were not known or foreseeable at the time of signing this Contract, the Supplier shall notify CPI in writing of such impact. Such ! notification shall take place no later than 30 days from the date of enactment of the changes. I Documented impacts, which affect the cost or time of performance of this Contract, may be , handled in accordance with General Condition, ChanQes. I If Supplier discovers any discrepancy or inconsistency between this Contract and any law, I ordinance, statute, rule, regulation, order or decree, Supplier shall report the same immediately, in writing, to CPI for disposition. Supplier recognizes that even though Supplier's compensation from CPI may be computed on a per hour basis, Supplier is responsible for complying with the Fair Labor Standards Act and shall pay the personnel performing services under this Contract in such a way that Supplier is in compliance with the Fair Labor Standards Act regardless of whether such compensation is on a salary basis or on a per hour basis. The requirements of this clause are also applicable to Supplier's sub supplier(s) and the Supplier, I not CPI, shall be solely responsible for ensuring sub supplier compliance with the requirements of this clause. LONG TERM RELATIONSHIP As a participant to a long-term Agreement relationship, CPI is entitled to the best pricing the Supplier has to offer any of the Supplier's customers. While the relationship should be a "win- win" situation for both CPI and the Supplier, CPI should be a preferred customer under this Agreement. NEW PRODUCTS Unless otherwise specified or agreed to by the agreement manager, all goods furnished shall be new, unused, not surplus (never before sold for use), and not rebuilt. CPI or a member may require that manufacturers be made a party to any contract covering or including manufactured goods. NEWS RELEASES The supplier shall not make any announcement, take any photographs, or release any information concerning this agreement, or project, or any part thereof to any member of the public, press, business entity, or any official body without prior written consent by the utility Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Co/ectric Partners. Inc. Page 14 of30 I , '1 CPIOO15 contracts representative unless such release is required in compliance with any applicable Federal, State, or local laws, ordinances, statutes, rules, and regulations in effect at the time. NON-WAIVER Failure by Colectric or a participating utility to insist upon strict performance of any terms or conditions of this agreement or failure to exercise any rights or remedies provided herein or by law, or failure to properly notify contractor in the event of breach, or the acceptance of or payment for any goods or services hereunder, or the review or failure to review designs shall not release the supplier from any of the warranties, obligations or liabilities of this agreement and shall not be deemed a waiver or any right of CPI or the ordering utility to insist upon strict performance hereof of any of its rights or remedies as to any prior or subsequent default hereunder nor shall any termination of work under this agreement by CPI or the ordering utility operate as a waiver of any of the terms hereof. NONDISCLOSURE By accepting this contract the supplier agrees not to divulge to third parties, without the prior written consent of CPI, any information that a prudent businessperson would consider sensitive, obtained from or through CPI or developed or obtained by supplier in connection with the performance of this contract. The Agreement manager and the Technical Contract Manager must approve access to sensitive CPI information in advance. If so requested by CPI, supplier further agrees to require its employees to execute a nondisclosure agreement prior to performing any services under this contract. Notwithstanding the above, the preceding shall not apply if the information was public knowledge, already known by supplier, was obtained by supplier from a third party who did not receive the information from CPI, or was independently developed by supplier. NUCLEAR ENERGY HAZARDS AND NUCLEAR INCIDENTS Prior to, or at the time of shipment of the first nuclear fuel to a member nuclear facility, that member will furnish nuclear liability protection in accordance with Section 170 of the Atomic Energy Act (42 U.S.C. 92210) and applicable regulations of the Nuclear Regulatory Commission. Should this system of protection be repealed or changed, member would undertake to maintain in effect during the period of operation of the plant, to the extent available on reasonable terms, liability protection, which would not result in a material impairment of the protection afforded to the Supplier and its suppliers under the existing system. The member waives any claim it might have against the Supplier or its sub suppliers because of damage to, loss of, or loss of use of any property at the site of the member nuclear facility resulting from nuclear energy hazards or nuclear incidents. This provision shall not affect the Supplier's obligation under the 'Warranty" provision of this contract. The member will indemnify the Supplier and its sub suppliers and save it harmless from any claims, losses or liability arising as a result of damage to, loss of or loss of use of any property at the site of the member nuclear facility resulting from nuclear energy hazards or nuclear incidents. In return for this indemnification the Supplier waives any claim it might have against any third party because of damage to, loss of, or loss of use of its property at the site of the member nuclear facility resulting from nuclear energy hazards or nuclear incidents. The foregoing waiver and indemnification provisions will apply to the full extent permitted by law and regardless of fault. The sub suppliers referred to above include any of the Supplier's suppliers of material, equipment, or services for the work, regardless of tier. For purposes of these provisions the following definitions shall apply: "Nuclear energy hazards" I shall mean the hazardous properties of nuclear material. "Hazardous properties" shall include radioactive, toxic, or explosive properties of nuclear material. "Nuclear material" shall include source material, special nuclear material or by-product material as those are defined in the Atomic Energy Act (42 U.S.C. 9 2014). "Nuclear incident" shall have the meaning given that term in the Atomic Energy Act (42 U.S.C. 92014(q)). Confidential -Information contained herein is considered company confidential and is flot to be disclosed ;\ to third parties without the prior written consent of Colectric Partners, Inc, Page 15 of30 I CPIOO 15 If contract covers goods or services for nuclear plants, any goods or services, which must be repaired, replaced, or installed, will be decontaminated without cost to Supplier to the extent necessary to permit it to perform the work. OBSOLETE PRODUCTS The Supplier, by entering into the agreement, agrees to notify the Agreement Manager if the product(s) listed on this contract become obsolete. This obsolescence applies to any product that is replaced with another product or that has been discontinued and not replaced. ORDER CONFIRMATION AND TRACKING Supplier is required to provide order confirmations within 48 hours after receipt of order. (On releases issued on Friday, order confirmations should be received by the following Tuesday.) This order confirmation will be sent to the person issuing the release and shall include all pertinent information; Le., items ordered, quantities, pricing, delivery schedule, etc. CPI and the ordering utilities prefer that this order confirmation be sent bye-mail. Additionally, the supplier is required to submit to the utility contract representative on a weekly basis an update on the status of all outstanding orders. PATENTS AND COPYRIGHTS Supplier hereby indemnifies and shall hold harmless CPI, its members. and their representatives from all suits, claims, actions, losses, damages, and expenses, including attorney's fees, and at I its expense shall defend any suit against CPI and its members, in so far as it is based on the claim of infringement of any United States patent or of any copyright, for any material, equipment, I or work furnished under this contract. CPI and/or its members shall immediately notify Supplier in i I writing of any such suit or claim, and permit Supplier to defend same, and give all needed and I available information and assistance to enable Supplier to do so. Supplier shall pay all damages and costs finally awarded therein against CPI and/or its members, but Supplier shall not be liable under any compromise made without its consent. If in any such suit said invention or its utilization by CPI or its members, Supplier, or any party on CPI or member's behalf is held to constitute infringement, or is otherwise determined to violate any right secured by patent or copyright, Supplier at its expense shall procure for CPI or the member the necessary licenses and right to continued utilization of said invention; provided that, subject to CPI or the member's 1 written approval, Supplier at its expense may replace or modify said invention so that it becomes ~ ~ non-infringing, provided that any substituted or modified equipment, materials, or processes shall I meet all the requirements and be subject to this Contract. The aforementioned obligations shall I not apply to any equipment, materials, processes, the detailed design of which (excluding rating i and/or performance specifications) has been furnished in writing by CPI or a member. Supplier warrants that any information received by CPI or member under this contract is without binder of secrecy, and is not under obligation of privilege or confidentiality, to any third party. PRICES. PRICE CHANGES. REVISIONS. AND WARRANTY Prices will remain firm at least from the date of Supplier's offer through 365 days, or longer as agreed, after contract award; and no price increases shall be applicable to this contract during this period without regard to any price changes by Supplier to its other customers. Any allowable adjustment to prices under this contract shall not be proportionately larger than the general change in prices to all customers upon which the adjustment under this contract is based. If, as a result of a general change in prices or discounts, Supplier has changed prices to all of its customers, the price under this contract shall, subject to the following provisions, be adjusted accordingly. Prompt notice of price changes (increases or reductions) must be furnished to Agreement Manager. The effective date of price increases shall be the date the Agreement Manager accepts the price changes or the effective date of the increase stated in Supplier's notice to Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Co/ectric Partners, Inc. Page 16 of30 I ~') -'"') CPIOO 15 I Agreement Manager, whichever is later. The effective date of price reductions under this contract shall be the effective date of such reduction to other customers. Price changes shall apply only to requests for delivery placed after the effective date of such price changes. A request for delivery will be deemed to have been placed on the date Supplier receives the release. If a price change results in a price increase which the Agreement Manager, in his or her sole discretion, determines to be unacceptable to CPI or not proven to be applicable to all customers, CPI, in lieu of paying the increased price, may upon written notice, cancel the remainder of the contract (including any orders mailed by CPI without knowledge of the price increase if canceled within 20 days of receipt of notice of the price increase) without liability to either party. Supplier warrants that each price at which it sells to CPI under this agreement shall be no higher than the price at which the supplier customarily sells to other commercial customers taking into consideration similarity of quantities, terms and conditions, and amount of quality assurance documentation. CPI will consider price increases only if it is evident that the Supplier is unable to avoid or offset price increases from its supplier(s) through innovative approaches such as volume purchasing or helping supplier control its costs. 1. Price increases for all affected items shall be submitted for consideration to the Agreement Manager on an annual basis. No unit price shall be increased unless the Supplier's unit cost I is increased. ! 2. Items will be furnished at price in effect at time the Release is sent to the Supplier. Requests for increases must be submitted to the Agreement Manager in writing or on disks with sufficient data to support the requested increase(s). CPI will evaluate requests for price increase and if acceptable the revised prices will be made effective on the date of receipt or the effective date of increase, whichever is later. 3. If the Supplier's net prices to others for like kind and quantity as those ordered by CPI are reduced, the Supplier will give CPI the benefit of such reductions and to notify the Agreement Manager within 30 days of the change. Price reductions will become effective on the date of such reductions to the Supplier's other customers. Price reductions shall NOT include manufacturers' normal and year-end rebates and/or credits; however, these rebates and/or credits will be considered during requests for price increases. 4. Any changes in pricing structures identified in the Supplier's offer shall be negotiated with CPI. (A change of structure is when a manufacturer changes both published price lists and discount schedule for such lists.) QUANTITY Goods or services shall be provided in such quantities, to the locations, and at such times, as requested by CPI, member, or its agents on individual purchase order releases or telephone orders confirmed by releases. CPI and members makes no guarantee or representation whatsoever that it will purchase the estimated amount or any amount, and CPI and members reserves the right to purchase the materials covered by this agreement from other sources. It is agreed that this is not a requirements Agreement and that CPI and members shall have a legal obligation to purchase only the amounts for which CPI and members issue specific releases. Supplier shall secure clarifications from requester. Quantity volume discounts shall apply only to individual releases requesting a single delivery location and delivery date, unless agreed ',,:, otherwise. I SHIPMENT/DELIVERY Supplier shall ship in accordance with the instructions contained in the contract or specific instructions issued by member. If Supplier routes shipments contrary to those instructions, carriers' Confidelltial-lnformation contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 17 of30 i ) CPIOO 15 freight bills must support invoices. However, member is obligated to pay an amount equal only to shipping costs that would have been incurred had Supplier followed the specified instructions and is entitled to exercise any rights and remedies it may have, including claiming from or deducting and retaining from any moneys due Supplier an amount equal to such difference plus an administrative fee of $50. The material/equipment provided under this contract shall be prepared for shipment and marked in such manner as to identify, to protect from damage in transit, to receive at destination, and to facilitate unloading. As a minimum, each shipment will be accompanied by a packing list providing information to accurately identify the items (such as description, quantity, inventory stock numbers, contract number, etc.), and a freight bill or bill of lading containing the supplier's name and the member purchase order number. Additional instructions may be specified at time of shipment or placement of order. All shipments must also be packaged to identify the ordering person and marked with the person's name, telephone number, and work location. Ordering utilities require that shipments to construction project sites be made on open, flatbed trucks or trailers. The sides on trucks or trailers must be removable at the delivery location to facilitate unloading. However, shipments to construction sites which can be easily picked up and off-loaded by hand (less than 70 pound individual package weight) may be made by an enclosed truck via UPSG, or FedEx (emergency shipments only). Shipments to warehouses or customer service centers which are boxed or palletized and can be easily removed by a forklift may be shipped in an enclosed truck on the appropriate L TL contract carriers or via UPSG or Fed Ex (emergency shipments only). Member shall approve partial shipments, and the person's name approving the partial shipment shall be shown on the packing list. Failure to adhere to this provision may result in the shipment being returned to the supplier at supplier's expense. The Supplier shall be responsible for and make good any and all damage due to improper preparation for shipment, regardless whether shipped f.o.b. origin or f.o.b. destination. To be environmentally responsible, members require suppliers to package products in recyclable, reusable containers when possible and to reduce packaging volume. Any special freiqht or handlinq charqes incurred due to emeroency procedures shall be relaved to the authorized orderino personnel for approval prior to shipment. Stock items are defined as items the Supplier has available from inventory. Non-stock or specialty items are defined as items that are not available from inventory. The Supplier must notify the member requester within 24 hours after receipt of member's Release if it cannot furnish the requested goods or services within the shipment time required in the Agreement, and give member the option to cancel the item(s). Items canceled will not be included in calculating the Supplier's shipment performance; however, they will be considered in calculating overall monthly fill rates. STANDARDIZATION Supplier may be required to assist members in the standardization of products throughout their respective facilities. This may include ensuring the accuracy of manufacturers product identification related to stock numbers in members inventory. STANDARDS Where ASTM or other standards are specified, the latest issue in effect on the date of issuance of this solicitation will apply unless otherwise noted. In case of conflict between any referenced standards and codes and this Contract, the Contract shall govern. Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page] 8 of 30 I /) CPlO015 SUPPLIER PERFORMANCE As applicable to each member, the supplier may be required to participate in member Supplier Performance Management programs which may require submission of a monthly report detailing the delivery status of every line item ordered, i.e., quotation process time, success or failure of meeting promised delivery dates, backorders initiated and tracked, tracking delivery of material as ordered (quality), ability to ship line item quantities complete without partial shipments, and the ability to invoice in accordance with contract requirements (i.e., invoicing problems). The supplier also will be required to proactively follow-up and provide the status of delayed shipments without members requesting updates. TAXES CPI participating utilities are public utilities located in various states and, therefore, state sates / and use taxes are varied in applicability to materials, supplies, equipment, or services sold directly to each member. By entering into the contract the supplier certifies that no such state sales or use taxes have been included in its offered prices or the contract. Applicable state sales and use taxes will be determined based on the members ordering locations and laws and regulations impacting each individual member, and the supplier agrees to collect these applicable taxes on individual invoices. The supplier is responsible for payment of any other taxes it incurs in performance of this contract, including sales or use taxes on products installed or consumed by supplier rather than sold directly to CPI or its members, and for taking all measures to identify and claim any available exemptions or reductions to such taxes in accordance with applicable laws and regulations. Applicable taxes should be included in supplier's price. This shall include any applicable Federal Excise taxes or duties. If subsequently enacted additions, deletions, or changes to such taxes affect supplier's costs under this contract, prices will be increased or decreased accordingly. TERM OF AGREEMENT / The initial term of this agreement shall be for a period of five years beginning on the effective date stated in the agreement or the date of award, whichever is later. The contract term may be extended for additional one-year periods by mutual agreement. beyond the original contract expiration date. TERMINATION OF AGREEMENT Either party upon written notice to the other party may terminate this Agreement at least 30 days prior to the termination effective date. Notice of termination shall not affect any outstanding releases issued prior to the termination effective date. In the event the Agreement is terminated the Supplier shall: 1. Deliver the balance of all open material releases issued prior to the date of the written notice of termination. 2. Deliver all material releases issued after the date of the termination notice but issued prior to the effective date of the termination notice. The performance of work under this Agreement may be terminated by member in accordance with this clause in whole, or from time to time in part, whenever the authorized member representative, in his or her sole judgment, determines that the Supplier is not meeting the minimum performance level required. If the Agreement is terminated under this provision the member shall not be required to purchase any remaining items. Additionally, the terminated Supplier shall not be eligible for consideration for any replacement Agreement. I DRUG FREE WORKPLACE Certificate is required on > $50,000 orders for Santee Cooper. Confidential- Information contained herein is considered company confidential and is not to be disclosed ~ to third parties without the prior written consent of Colectric Partners, Inc. Page 19 of30 :. 1 ') CPlOO 15 TERMS OF PAYMENT - AFTER DELIVERY OR PERFORMANCE Payments against individual invoices to participating members will be made in accordance with the members' standard payment processes. Payment will be made not more than 30 calendar days after the later of (i) receipt of a proper invoice(s) by member at the office designated in the PO for receipt of invoices or (ii) acceptance by member of the work, material, or equipment required by the Contract at the member location specified. Separate invoice(s) must be submitted for each payment. If the ordering utility has the capability to process electronic funds transfers, then at its option payment(s), less such discounts or deductions as are provided for in the PO or by law, will be made by electronic fund transfer (after completing an Electronic Vendor Payment Form). Neither payment nor acceptance by members for the limited purpose described in this clause shall constitute a waiver of any rights under the Contract or at law, including rights under any warranty herein. Should a member, in good faith, dispute any portion of the invoice, the member shall pay the undisputed portion, and at the same time, shall advise the Supplier in writing of the reason(s) for disputing the invoice. For purposes of this provision only, the following definitions shall apply: 1. "Proper invoice" includes, but is not limited to, a numbered and dated invoice, containing the i member purchase order number and release number (if applicable) and line items numbers as , listed, members stock number as applicable to items ordered, discount or terms of payment and i I F.O.B. point applicable to this Contract, description of article or service, quantity, unit price, and I total amount, together with supporting documentation as required by member. I 2. "Acceptance" means receipt by member of the work, material, or equipment meeting the Contract requirements and acknowledgment by an authorized representative of member that such Contract specifications have been met. Solely for the purposes of establishing a payment date, such acceptance and acknowledgment shall be deemed to be the seventh day after the date on which, in accordance with the terms and conditions of the Contract, the property is I actually delivered at the F.O.B. point or performance of the service is actually completed unless member actually accepted such property or services before such seventh day or unless a later I acceptance period is specifically provided for elsewhere in the Contract or on individual POs; provided, however, such acceptance may be revoked at any time by member upon the discovery I of a latent defect in design, material, or workmanship, or a latent nonconformity of the work, I material, or equipment to the Contract requirements. All invoices shall be submitted to the billing address indicated on individual purchase orders or as may otherwise be pre-determined for each Colectric ordering location or participating member. TRUCK WEIGHT LIMITS In the event any equipment, material, or other items specified in this contract are delivered to CPI or a member or transported from a CPI or member construction site or facility by motor vehicle, the Supplier, its sub suppliers, and haulers shall comply with applicable Federal and State highway weight limitation laws and regulations. Failure to comply with such laws and regulations shall constitute a breach of contract, and CPI or member shall have the right, upon written notice to the Supplier, to terminate the Supplier's right to proceed as provided in General Condition Delavs. Remedies. and Waivers. VALUE ANALYSIS Value analysis is a systematic and objective evaluation of the function of a product and its related cost. The purpose is to determine whether the product currently being used is the best product in terms of value or whether an alternate product could provide the required function at a lower total Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners, Inc, Page 20 of30 I ) ~-') CPIOO15 cost to CPI. The selected supplier will be required to use value analysis to reduce cost of products purchased by CPI with a target for CPI cost reduction of two percent/year. WARRANTY (GOODS/MATERIALS) Supplier warrants that all goods or materials will give efficient and satisfactory service for one year after their first operation (in case of equipment) or use by member in actual service, or, if the contract provides for an acceptance test, for one year after they have passed such test. However, a warranty period based on the date of passing an acceptance test shall not extend beyond 18 months after first operation or use in actual service, unless the acceptance test was delayed through no fault of member, in which case such warranty period shall be extended by the amount of such delay. Supplier will repair or replace defective or deficient goods or materials during the warranty period including freight, but excluding removal or reinstallation costs. If it is impractical for member to wait for the Supplier, member may perform the work at the supplier's expense after a minimum period of 7 days advance notice. Member will also be entitled to any manufacturer's or other applicable warranty to the extent it exceeds this clause. The supplier warrants that all goods or services are free from claims, demands, and encumbrances and that it will defend title thereto. Confidential- Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 21 of30 CPIOO15 ATTACHMENT A AGREEMENT SNAPSHOT I PRICES FIRM: 90 days and shall be subject to adjustment in 90 day increments thereafter. TERMS: N30 i i DELIVERY DATA: ~ STOCK: 24-72 HOURS ! NON-STOCK: 5 DAYS l ~ 1 EMERGENCY ORDERS: $50.00 PER ! l VOLUME PRICE DISCOUNTS: (Retroactive once threshold is reached) i , i IP VP $100K &> 1% $7M-10M 1% %10M &> 2% INVENTORY BUY BACK (80) TYPE A - 90% TYPE B - 75% TYPE C - 50% OF DISPOSAL COST; RETAIN 15% I TYPE D - DISPOSE BY TVA i I ~ I UNLISTED PRODUCTS: (74) STOCK = COST (DIVIDED) BY .91 I NON STOCK = COST (DIVIDED) BY .86 ~ -----------~---_..--~ I Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners. Inc. Page 22 of 30 "--) -j CPIOO15 ATTACHMENT B PRICING MATRIX NON OIST CURRENT FER STK STK CTR PRICE RESALE Malleable Iron Anvil Anvil X X PF-MI-104 0.213 Matco-Norcs X X 10/1/2003 0.154 Cast Iron Anvil Anvil X X PF-CI-104 0.213 Mateo-Norcs X X 10/1/2003 0.154 Cast Iron; Flanged Anvil Anvil X X PF-CI-104 0.213 Merchant Couplings Capital Capital X X Ferguson net Bar Stock: Plugs, Bush, Caps Billco Billco X X Westbrook 215 0.18 CIS O-Lets WFI Phoenix X X TP-304 0.292 C S Weld Fittings - Domestic Weld bend Weldbend X X 504 0.421 C S Weld Fittings - Import Weldbend X X 504 0.341 Forged Steel Capitol Capitol X X FS-604 0.152 ".i~;~ ";~ ~<-;2.:g~~r{;::.~ --::ne.-;-r,l ~ ~::, " I, , . I 150# Screwed - Domestic Cameo Cameo X X S5-204 .253 150# Screwed - Import Merit X X 5TF-196 0.082 3000# Pressure Fillings - Import Cameo Penn Machine X X S5-395 0.11 A403 WPW Weld Ftg.- Import Flowline Gertin X X 18-GL .1041/2-6 18-GL .1548-12 A403 CR Weld Fittings Tubetec Tubetec X X Net Net A774 Weld Fittings Felker Felker X X F010203 0.165 I Confidential-Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Co/ectric Partners, Inc. Page 23 of 30 t r 1;: I CPIOO 15 ATTACHMENT B PRICING MATRIX (CON'TO) CURRENT NON DIST PRICE COMMODITY REQUESTED MFG MFG STK STK CTR SHEET Schedule 40 PVC Nibco Nibco X X PVC-0304 0.253 Schedule 80 PVC Nibco/Chemtrol Nibco/Chemtrol X X CH-PVC-0501 0.196 CPVC Fittings Nibco/Chemtrol Nibco/Chemtrol X X CH-CPVC-0501 0.196 DWV Fittings Mueller Mueller X X Brass Thread Fittings Merit Merit X X IBRTFL-304 0.357 Wrot Copper Fittings Nibco Elkhart X X WC-135 0.358 Cast Copper Fittings Nibco Elkhart X X WC-135 0.358 Black and Galv. Welded Capitol Beck X X PNE044 0.297 Black and Galv. Smls. Capitol Beck X X SMN044 0.089 Swage Nipples and Bull Plugs Capitol Capitol X Stainless Steel Welded Merit Merit X X SSN304 0.036 I Stainless Steel Smls. Merit Merit X SSN304 .036 Lx1.75 P V C Nipples Ppafco Dura Plastics X X 5/28/2001 0.495 ALUMINUM NIPPLES X Brass; Standard Beck Merit X X BRNL-304 0.059 Brass; XH Beck Merit X BRNL-304 0.166 Brass; XH (Import) Merit Merit X C S Flanges Weld bend Weld bend X X 504 0.421 Ductile Iron Back up Flanges Tubetec AFI X X 120102 0.626 Stainless Steel Flanges Maass Maass X X 3/1/2004 0.132 Contiuous Weld;Black Sawhill Sawhill X X mill quote Continuous Weld;Galv. Sawhill Sawhill X X mill quote A53 ERW Ipsco Ipsco X X mill quote Pressure Tube (Seamless) Sharon Tube Sharon Tube X X mill quote A 106 Seamless U S Steel U S Steel X X mill quote Confidential - Information contained herein is considered company confidential and is not to be disclosed /0 third parties without the prior written consent of Colectric Partners, Inc. Page 24 of 30 I I _.~ -) ) CPIOO 15 ATTACHMENT B PRICING MATRIX (CONT'O) CURRENT FER NON DIST PRICE RESALE COMMODITY REQUESTED MFG MFG STK STK CTR SHEET MULT ::.~,g ~]Ui~~~-'-~~7 -':'>t,.m'it'~ 1:;, ~ }-~ ,,11" ;, ~ ~ I; ,,",v t, f , " ' ' " \. ,- ? - > ,,-'" " ~ ' - - . - ' - -~ I.: A 312 Welded Bristol Metals Bristol Metals X X surcharges apply A 312 Seamless Sandvik Sandvik X mill quote A 778 Welded Felker Felker X X surcharges apply PVC and CPVC Pipe Charlotte Pipe Charlotte Pipe X X 3/19/2003 0.32 ~;:l~::r"':;r~ ).1;-~!-iH:r:11;:rr:-, ':n . . - . . - Copper Pipe Cerro Cerro X CT0304 Copper Tubing Mueller X X CT0304 0.374 Gate, Globe and Check Bronze Powell Powell X X 106 0.242 Nibco Nibco X X BIDV-0304 0.403 Milwaukee Milwaukee X X IND-0404 0.030 Crane Crane X 2004 0,30 Cast Iron Powell Powell X X 106 0.242 Nibco Nibco X X BIDV-0304 0.403 Milwaukee Milwaukee X X IND-0404 0.030 Crane Crane X 2004 0.30 3% Nickle Iron Powell Powell X 106 0.264 Cast Steel Powell Powell X X 153BB 0.181 Velan Velan 2"-12"150&300 X X CS95 0.533 Velan All Other X X CS95 0.648 Forged Steel Vogt Vogt X X W16 0.56 Velan Velan X X NAFS 93 0.65 Stainless Threaded Powell Powell X X CR33 0.256 Stainless Flanged Powell Powell X X CR33 0.225 Ball Valves Ball Valves Jamesbury Jamesbury X Apollo Apollo X X BVPL 304 0.62 Velan Velan X X BVPL 99 0.58 ii;; FNW FNW X X 3.1.01 0.52 I Confidential - Information contained herein is considered company confidential and is not to be disclosed .. to third parties without the prior written consent ofColectric Partners, Inc. Page 25 of 30 I CPIOO 15 CURRENT FER NON DrST PRICE RESALE i COMMODITY REQUESTED MFG MFG STK STK CTR SHEET MULT , Ball Valves Flanged Jamesbury Jamesbury X , Apollo Apollo X X BVPL 304 0.55 Velan Velan X X BVPL 99 0.58 FNW FNW X X 3.1.01 0.52 Ball Valves; Lined Richter Richter X Xomox Xomox X Ball Valves; Top Entry I T T Camtite I T T Camtite X Velan Velan X X BVPL 99 0.66 Plastic Valves PVC and CPVC Nibco/Chemtrol Nibco/Chemtrol X X CH-VL V-0401 0.382 FNW FNW X X 3.1.01 0.52 I Confidential - Information contained herein is considered company confidential and is not to be disc/osed to third parties without the prior written consent ofColectric Partners. Inc. Page 26 of 30 ") - ") CPIOO 15 ATTACHMENT B PRICING MATRIX lCONT'D) CURRENT FER NON DIST PRICE RESALE COMMODITY REQUESTED MFG MFG STK STK CTR SHEET MULT Knife Gate Valves Knife Gate Valves Fabri Fabri X FV04 0.36 Knife Gale Valves Fabri Fabri X FV04 0.36 FNW FNW X X 5/1/2003 0.505 Butterfly Valves Reslient Seat BFV Valves Hammond Hammond X BVF 0204 0.34 Nibco Nibco X X BVF0304 0.4 Milwaukee Milwaukee X X BVF0204 0.45 FNW FNW X X 3.1.01 0.52 High Performance BFV Valves Jamesbury Jamesbury Durco/Flowserve Durco/Flowserve X X 204 0.56 Lined Butterfly Valves Amri Amri X Durco/Flowserve Durco/Flowserve X X 204 0.56 Water Check Valves Wafer Check Valves Mueller Mueller X X CVPL - 03 0.5 Diaphragm Valves Diaphragm Valves I T T Dia-Flo I T T Dia-Flo X DV04W 0.77 Plug Valves Lubricated Plug Valves Nordstrom Nordstrom X X IRD-800-R3 0.573 Non-Lubricated Plug Valves Tuf-Line Tuf-Line X 333882 0.44 Solenoid Valves Solenoid Valves ASCD ASeD 2 Way ASeD ASCD X V6654R15 0.8 3&4 Way ASCD ASeD X X V6654R15 0.66 Skinner Skinner X P0104 0.61 Pipe Hangers Anvil Anvil ,~ ~', B Line X X PH02PS 0.34 ~. i;;i Steam Traps Spirax Sarco Spirax Sarco X Armstrong Armstrong X X 7/1/2003 0.66 k I "'~- Confidential - Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent of Colectric Partners. Inc. Page 27 of 30 ~li CPlOO 15 ATTACHMENT B PRICING MATRIX (CONT'D) CURRENT FER NON DIST PRICE RESALE COMMODITY REQUESTED MFG MFG STK STK CTR SHEET MULT 1:~(:11:,'~:.t::~ . !;-b-j:<J~q L ~ni?::1t~ { , , , - .' .' Industrial Hose Gates Rubber Gates Rubber X Hose Fittings Dixon Dixon X DPL 104 0.407 Compounds and Sealants Loctite Loctite X LT 1061 0.550 V-Strainers Mueller Mueller X X STPL9a 0.341 "~':?J;~:. ~~'.. , 1c '" Spiral Wound Garloc Garloc X Flexitaulic Flexitaulic X April 1, 2004 0.320 I I . I I Confidential- Information contained herein is considered company confidential and is not to be disclosed to third parties without the prior written consent ofColectric Partners, Inc. Page 28 of 30 ..... . --.-----------, -) ') CPIOO 15 ATTACHMENT C lOCATIONS AND DELIVERY ADDRESSES MILES OFFEROR SHIPPING FROM DEL MBR LOCATION ADDRESS CITY ST ZIP LOCATION LOC iJEA .~()m~()I1\Y~alth..9.ellter Storesj3674. Commonwealth Ave . HClc;~sgI1Vin~ ... : .F~i },2254 ",,~a.cI<~<>.n-"'iJI~.F~.. ....,..-.... 2.92 ..~~A .. ...f\J.orthsi.de.(3~I1~ra.tingSl<:ltigns(f\JG$l L4~n ti.ec;ksc;ber.D~\f~ ;~Clc;ksg.nville ... . FL i 32226 !Jacksonville. FL 15.0 ......... ... .'_._..._~h --........... ~ I...... . ..,.. .-..... 'JEA :S.t.Johns~i\le.r FOINer Park (SJRP P) i11~0~ . N.eIN.B~rlil1.Road lJ<lC;~son."ill~. . , FL i 32226 iJacksonville. FL 15.0 tt:Jp.p.D.J9anadClYJ3l<:iiOI1 .. .....I!4~~5Rgad435. iL~xington . ._'m r........ T....... ... 160.5 i ' NE , 68850 iLincoln. NE .Cm....im.... I NPPp(,3erald Gentleman Station 16089 South Highway 25 i$utherland ,..NE i .69165!9heyenne, WY 187.3 'NP'PD. .S.h~l~gl1S.tation nl~?oo W~~tPenaRoad i.,allam I .. . NE ! 68368 :~incoln, NE 14.7 NPPD Water Resources .. i4Q2Ea.st.5.tate Farm Road iNorth Platte :..!\lE. i.~~.1 q11~~~Y~I1I1~' WY 208.2 ",-,""'-"-'-'~,~-_",,,,,,,,,,,,, ..-.. - [1IIF'FD..l::e>oPe.r. f\J1,!c;I.ear$tatiol1. 12 Miles South of Brownville iBrownville : NE ! 68321 ILincoln. NE t. . 57.2 . .l12.15W~~i~igh~Y34 .. j.....j.mm..:.m..... ...... !NPPD.i)'()rkQ~ra.tion~ ~enter.. jYork : NE ! 68467 ,Uncoln, NE 44.7 ..,-..-."...-.... :.~~...tj921? .tL~~~?~g~:.GA .. _..... ... !MEAG.plant '!:!Clflli'e.y... . .j~4f51H()IHngsworth Fer'YRoadJFrall~lin 19.6, ,SC . ;9l:lntraIVV1:lrehouse 1'..RivervvC>OdDrive !Moncks Corner SC !2946J iNorth 9harleston. SC 19.8 . . SC .. :9onINaYJ)i~tribution ..j19?D()bros.R()ad pOI1\Vay . ,5.<::' 1.?~?26iIv1Yr.tl~l3each,5.q .... ... 12.5 ..1 'SC i9rgl;s.13E!Ile.ra.tiI1Q ... 1553 Cross Station Road . ..!'p'ineville ,.SC.I?94~I.III()rthl::hCl~eli!On, SC . 37:.3. .1 ........................... ...... !SC ,(,3Clrd.Elf.l.C.itY.DistribLJtion i~q9..I.nl~t5.qLJareDr,. . :<3arde.f.1C.itYi_S.C.T~~?!~ !Iv1Yrtl~~~ach,SG .. 11.9 iSC .. '<3.'"Clif.1ge.r. G~nElrating .... '1605 Marina Drive i90nwClY . ,s.c.! 29526jlv1yrtle13ElClch. 59 12.5 ,. ................................. 'SC . ~ElffEl!iElli<3~rlE!r13ting :463 Powerhouse Road ,Monck~<Amer : SC i 29<1:~.1. iNor1:~C~1:l~~~ton,SG 19.8 -1'............ .......~. ....... -.......... ". . ......... ..... --."... IMyrtIeBeach ...... m ..s.c. "I?~5.!?jMyrtll:l.Beac;h,$<::'. ! SC 'M.B. Distribution Center ....... !.1~.~.?:13.10th Avenue North 2.0 ..._........H..__.._. ......_.._,___._".._..._.._...____..__...._...._.. SC North M.B. warehouse i1.QOq2ndAvenue, North iNOr1l1lv1yrtle~ch. ,5.C ,?9~82 . [Myrtll:ll3e.ach. SC 18.5 .. .. " .. ... ~ ..._,.,_._,.. '~"Mo :S.C RClineyGenerating . i2900(lpryH()use . ~oad ,Iva . SC ! 29655 !Gre.enville, SC 42.0 'sc Winyah G.erll:lra.ti[l9 1661 Steam Plant Drive IGeorgetown SC ! 29440 lMyrtleBeach, SC 31.9 ...... .- OUC Admirlstratign Building. ;500 South Oraf.1ge Ave. 'Orlando FL : 32801 'Orlando. FL 8.5 ,..----..----..-".... """ . ... . .~.. ...... .. j n." ...... ,,_...... ..... _ _.__'. f: 'OUC .pel'l)~il1g f'Clc;iHty )5971. PElrs~ingA\le. IQ~ando . FL i 32822 !Orlando, FL I ..-------.--r.. .-,............-......... :OUC 'Gardenia Facility . i~~12 Gardel1iaA"e. . ,Orlando f'~j3?~~~)?rlando, FL 5.3 roue 'i~t.~I()~~ ..... ..... .. 12901 17th Street I.".......".......... : FL: ~!~~ .l?~~ndo. FL iSt. Cloud 13.0 ......., ............... ..,..' OUC .;s.tantgn!:l1~rgy .genter .i?~oq S,Alafaya TriCJI . . iQrlal1~() ... ' FL i 32831 'Orlando, FL ., . .......ml..................... '..m iOUC :Indian River Plant J7130QIj.S . Highway 1 lTitusville FL i 32780 iOrlando, FL 33.4 ~;' Confidential - Information contained herein is considered company confidential and is not to be disclosed I to third parties without the prior written consent ofColectric Partners, Inc. :'::':; <:-,::' - Page 29 of 30 '~;:':i ;)" ~-,:';i: I . CPIOO 15 I ATTACHMENT D FERGUSON LINE CARDS Contained in separate file: FERGUSON Pipe, Valves and Fittings Line Card, 6 pages FERGUSON Safety Line Card, 2 pages FERGUSON Tools Line Card, 1 page FERGUSON Waterworks Line Card, 2 pages I I Confidential - Information contained herein is considered company confidential and is not to be disclosed I to third parties without the prior written consent of Colectric Partners. Inc. Page 30 of 30 S(...y~,t.. : ;/. r:;~ c:c., ~ .,- . , I \ ',. "f 'fI"'."_ ,< v \ V ~,\,_,__ .,,.__~-< \{ , J'v ~, .......-,. ,..~, x.- t'0 v VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.2. AGENDA ITEM REQUEST FOF Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 December 18, 2007 December 3,2007 (Noon) 0 February 19,2008 February 4,2008 (Noon) 0 January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon) 0 January 15,2008 December 31, 2007 (Noon) [8J March 18,2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) 0 April I, 2008 March 17,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: A motion to approve a "Sole Source" pre-purchase of a Chlortec CT-1500 Hypochlorite Generation system (manufactured by Severn Trent) from Carter & VerPlanck, Inc. for the Utilities Department. The pricing is based upon a piggy-back of the South Central Regional Wastewater Treatment and Disposal Board's pricing (per quote attached) from Carter & VerPlanck, Inc. in the amount of: $1,518,000.00, plus an additional $15,000.00 for an additional remote control panel (explanation below) for a total expenditure of: $1,533,000.00. EXPLANATION: The Hypochlorite Generation System utilizes a brine solution, water and electricity to produce a 0.8% solution of sodium hypochlorite, which will be injected into the treatment process to disinfect the potable water produced at the East Water Treatment Plant. The pricing for the system consists of three 1500 pound per day hypochlorite production units, with all necessary appurtenances. In addition to the equipment provided to the Regional Plant, an additional remote control panel for the control room, and an upgraded processor needed for system compatibility will be required at an estimated cost of $15,000.00. Another condition of this purchase will be inclusion, at no additional charge to the City, of all safety-related modifications recommended by Palm Beach County. Pre-Purchasing these materials directly from a vendor would also allow the City to avoid paying state sales tax. Based upon the anticipated purchase price of approximately $1,533,000, the sales tax savings amounts to approximately $92,000. By pre-purchasing these materials, the City will make payments directly to the vendor as required within the Sales Tax Recovery Program. PROGRAM IMPACT: The use of liquid chlorine in place of gas chlorine relieves the City of liability for gas chlorine release. FISCAL IMP ACT: $1,533,000 from account no. 406-5000-590-96-02 (WTR 112) AL TERNA TIVES: Continue to utilize the existing gas chlorine system, or bulk liquid supply. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC "'~\..--:.Y..O,t.. " (' <,' ~ .,.. \.... ". - 0'" U J- -'" !"V~l'O ". CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM r-...., " ') ( tA j t\ / ~. //~.. \\{J1~- /0' j ~ Department Head's Signature ~ City Manager's Signature A"i,tmt to City M~/ /' I ." . I City Att6rney / Finance UTILITIES ~~ ~~ XC: Peter Mazzella (w/copy of attachment) Barbara Conboy Carisse Lejeune Chris Roschek File S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC COM Procurement.Scope doc City of Boynton Beach East Water Treatment Plant Disinfection System Upgrade ON-SITE ELECTROLYTIC SODIUM HYPOCHLORITE GENERATION SYSTEM PROCUREMENT TECHNICAL SCOPE The purpose of this Technical Scope is to outline the Scope of Supply for On-Site Electrolytic Sodium Hypochlorite Generation Equipment required for the East Water Treatment Plant Disinfection System Upgrade Project (Project). The system will have several components which are of the same size as previously supplied by Carter & VerPlanck, Inc. to the South Central Regional Wastewater Treatment Plant and Disposal Board. The following documents have been included as attachments for verification of the executed contract between Carter & VerPlanck, Inc. and South Central Regional Wastewater Treatment Plant and Disposal Board: . Copy of Purchase Order No. 11751 (P.O. No. 11751), executed on January 30, 2006 between Carter & VerPlanck, Inc, and South Central Regional Wastewater Treatment Plant and Disposal Board. . Carter & Verplank, Inc. Quotation dated January 10, 2006 to South Central Regional Wastewater Treatment Plant and Disposal Board. . Submittal Quotation with similar installations information submitted by Carter & Verplank, Inc. Carter & Verplank, Inc. to Hazen and Sawyer for the On-Site Electrolytic Sodium Hypochlorite Generation Equipment on December 2005. For this Project, the items included in Table 1 are the same as supplied under P.O. No. 11751. The same itemized unit prices as shown on P,O. No. 11751 are used in Table 1. All items shall comply with the requirements of system specification 11515. COM Jr.- fl ( () .J/{ " j/) () I q}/t Quantity Item Description Unit Price I Extended . Price 3 ClorTec CT-1500 Sodium Hypochlorite $ 350,000 $ 1,050,000 j !L--/ Generator capable of producing 1,500 pounds per day of equivalent chlorine. Each generator shall include an electrolytic cell cabinet with brine make-down control and NEMA 1, epoxy coated steel, air-cooled rectifiers. 1 316 SS, NEMA 4X local control panel with 10- $100,000 $100,000 I inch LCD color touch screen and Allen-Bradley i programmable logic controller. 4 22,000 Gallon Hypochlorite Storage Tank - FRP $ 50,000 T $ 200,000 iv' vertical storage tanks with approximate shell i dimensions of 13 feet diameter and 22 feet tall i and FRP ladders and pressure transmitters. ~~ 2 72-Ton Bryneer FRP vertical storage tank with $ 40,000 S 80,000 v/ automatic liquid level controller and FRP i ladder with safety cage. I 2 2,800 cfm Hydrogen dilution blowers with 7.5 $ 8,000 5) 16,000 hp, TEFC electric motors for the stand pipe. I 4 280 cfm Hydrogen dilution blowers with 1/3 $ 6,000 $ 24,000 .' hp, TEFC electric motors for the storage tanks. I 1 24" diameter FRP standpipe for hydrogen $ 13,000 $13,000 .,/' I ! I dilution. i 7' 6 Tank freight (prorated for six four tanks) $ 8,750 ! $ 52,500 1 Endress-Hauser Pressure Transducers Included Included 1 Kinetico Model CP 213s water softening Included Included system. 1 Solution Distribution Panel Included Included 8 Days of start-up and training and on site Included Included performance testing performed by factory i I trained personnel. I --. Portable acid cleaning cart for periodic cell Included Included cleaning I Two Years parts and labor warranty for Included I Included generation system as a result of ordinary wear under normal conditions. TOTAL $1,518,000 /' 2 Procurement-Scope. doc '-.-~ SOUTH CENTRAL REGIONAL WASTEWATER *** PURCRASE ORDER *** Order Placed With: Ken Walker PE Date: 01/23/2006 Page: 1 Last Date: 07/07/2006 Ship To: SOUTH CENTRAL REGIONAL WASTEWA 1801 N CONGRESS AVE DELRA Y BEACH, FL 33445 ..Jumber: 11751 Phone: 813-287-0709 CARTER & VERPLANK, INC. PO BOX 24169 TAMPA, FL 33623-4169 vendor Item#/Qty Need By I Vendor SO Number 07/07/2006 I Description/Lirie Item IShipping Instruction: Job description RECLAIM PHASE III I BEST WAY Price Amount Per Bid Package #1 SODIUM HYPOCHLORITE GE $1,749,150.00 1.00 pkg C535405.101 $1,749,1.50.00 TAG # Life Expect/Extend Terms: Net 30 Days Bill To: SOUTH CENTRAL REGIONAL WASTEWATER 1801 N CONGRESS AVE DELRAY BEACH, FL 33445 Tax Exempt Number: 60-00-116377-54C Su btotal Tax Less Deposit : $1,749,150.00 Tax Exempt $0.00 \ Order Amount: $1,749,150.00 Requested By : R~Hagel Authorization:. ~?~ CARTER VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS SPECIFICATION SECTIONS 11175, 11282 AND 11305 2 Magnetic drive, sea less chemical transfer pumps with a design condition of 35 GPM at 65 feet TDH. Each pump will be supplied with a 2 HP, 3450 RPM, TEFC electric motor. 3 ClorTec CT-1500 sodium hypochlorite generators capable of producing 1,500 Ibs/day of equivalent chlorine, each. Each generator shall include an electrolytic cell cabinet with brine make-down control and NEMA 1, epoxy coated steel, air-cooled rectifiers. 1 316 SS, NEMA 4X local control panel (LCP-03) with 10 inch LCD color touch screen and Allen-Bradley programmable logic controller SLC 5/05. 1 HP Compact NC 6000 lap top with Windows XP Professional. 2 2,800 cfm hydrogen dilution blowers with 5 hp, TEFC electric motors for the Stand Pipe. 3 280 cfm hydrogen dilution blowers with 1/3 hp, TEFC electric motors for the Storage Tanks. 1 72-Ton Bryneer FRP brine dissolver with automatic liquid level controller and FPP ladder with safety cage. 3 22,000 Gallon FPP vertical storage tanks with approximate shell dimensions of 13 feet diameter and 22 feet tall and FRP ladders and pressure transmitters. 1 24" diameter FRP standpipe for hydrogen dilution. 1 Kinetico Model CP 816S0D water softening system 2 Dayton model 4TU-27, 1 HP water booster pumps 1 Bulk hypochlorite makedown panel Page 1 CARTERIVERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS breakers, etc. as specified. 1 Spare parts as specified 6 Days of installation supervision, start-up and training by factory trained personnel. $107,800.00 (Price does not include sales tax) 1 Offloading allowance for receipt and proper handling of on site generation equipment at the jobsite. $30,000.00 (Price does not include sales tax) Please Note: 1. We do not include sales tax, pressure gauges, anchor bolts, wire cable, conduit, piping, installation, hook-up, field testing, control panels or any other accessories or other ancillary items which are not specifically called out in this scope of supply. 2. Payment terms are 100% net 30 days from delivery with approved credit. Our prices based upon no retainage. TERMS: 100% Net 30 days after invoice date QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OF FEDERAL STATUE -WITH CREDIT APPROVAL CARTER & VERPLANCK, INC. BY Xen WaCker, P. T. Page 3 CARTER VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS 8 Days of start-up and training and on site performance testing performed by factory trained personnel. 1 Portable acid cleaning cost for periodic cell cleaning. 2 Years parts and labor warranty for generation system as a result of ordinary wear under normal conditions. 1 Spare parts as specified. $1.295.000.00 (Price does not include sales tax) ADDmONAL SCOPE ITEMS NOT ORIGINALLY INCLUDED IN THE C&V QUOTE DATED JULY 1,2005 1 Additional scope items include laptop with software, 316 55 solution distribution panel, L/D's and associated accelerated delivery schedule, I&C and electrical upgrades, warranty, additional start-up and training, performance testing requirements, etc. $135.000.00 (Price does not include sales tax) 4 Metering pump skids complete with chemical metering pumps, piping valves and fittings by Promient. In addition to the chemical metering pumps, each skid will include control panel with VFDs, calibration columns, pressure relief valves, pulsation dampeners, pressure gauges and back pressure valves. 1 Spare parts as specified. 2 Days of start-up and training. $181.350.00 (Price does not include sales tax) 1 MCC (intelligent/smart), MCC-1H with variable frequency drives, starters with smart overloads, Page 2 .--' Carter & VerPlanck, Inc. P.O. Box 24169 Tampa FL 33623-4169 OrdercS 1 0980 [)ate'~7:' 1 /30/2006 .---'::':';;:;~~H!:.-;,: 1 Paae;~" Bill To: 5 Cen Reg WWT & Disp Brd 1801 N. Congress Avenue Delray Beach FL 33445 Ship To: 5 Cen Reg WWT & Disp Brd 1801 N. Congress Avenue Delray Beach FL 33445 0 3 CLORTEC CT.1500 Sodium Hypochorite Generators $0.00 $350,000.00 $1,050,000.00 J{ 106005 0 CLORTEC Upgraded PLC Control Panel (LCP-Q3) $0.00 $100,000.00 $100,000.00 K 106005 0 PLASTANKS n-Ton Bryneer $0.00 $40.000.00 $40,000.00 ~ 106005 ~ 3 0 3 PLASTANKS 22,000 Gallon Hypochlorite Storage Tank $0.00 $50,000.00 $150,000.00 106005 $13,000.00 i 0 PLASTANKS 24" Standpipe $0.00 $13,000.00 106005 0 PLASTANKS Tank Freight $0.00 $35,000.00 $35,000.00 106005 2 0 2 NY BLOWER RFE400 Dilution Blowers w/7.5 HP Motors $0.00 $8,000.00 $16,000.00 ~ 106005 3 0 3 NY BLOWER RFE200 Dilution Blowers w/1/3 HP Motor $0.00 $6.000.00 $18,000.00 K 106005 4 0 4 AMJ Prominent NaGCI Feed Pump Skids $0.00 $45,337.50 $181,350.00 106005 0 AMJ Endress-Hauser Pressure Transducers $0.00 $0.00 $0.00 106005 0 ALLEN BRADLEY Low Voltage Motor Control Center $0.00 $107,800.00 $107,800.00 106005 2 0 2 HARRINGTON Mag-Drive Chemical Transfer Pumps $0.00 $3,000.00 $6,000.00 106005 2 0 2 GRAINGER Dayton Water Booster Pumps $0.00 $1,000.00 $2,000.00 106005 0 MISC Equipment Offloading $0.00 $30,000.00 $30,000.00 106005 0 ROCHA Solution Distribution Panel $0.00 $0.00 $0.00 106005 Florida Tax Exempt 'u. :U.. r' " ~. ' 1...1~_;J. -~.. CARTER I VERPlANCK January 9, 2006 Mr. Jo1m Koroshec, P.E. Hazen & Sawyer 2101 Corporate Boulevard Boca Raton, FL 33431 Subject: SCRWWTDB - ClorTec Equipment Purchase Dear Mr. Koroschec: Carter & VerPlanck is pleased to provide you with the attached quotation for a 4,500 Ibs/day ClorTec on site sodium hypochlorite generation system per the Hazen and Sawyer specifications and drawings delivered to our office on December 21,2005. Per your request, I have enclosed two invoices from similar projects for your review. TIle project invoices are for the 4,500 lbs/day ClorTec system delivered to the City of Boca Raton in 2001 and the 3,000 lbs/day system delivered to the City of Hollywood in 2003. We look forward to working with you on this project. Please don't hesitate to contact me if you have any questions. Sincerely, CARTER & VERPLANCK, INC. ~tJ~ Ken Walker, P.E. Executive Vice President KW/jem POST OFFICE BOX 24169 TAMPA. FLORIDA 33623 P: 813.287.0709 F: B 13.282.8216 c a rterve rplanc k.c om i Contract Documents SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIMED WATER SYSTEM EXPANSION OWNER FURNISHED EQUIPMENT BID PACKAGE No.1 SODIUM HYPOCHLORITE ONSITE GENERATION SYSTEM DECEMBER 2005 It: Cl L:! ;; a:: :> U U W ll. '" iil u. o "iiI ~ o U ~ ~ '" ~ '::; J HAzEN AND SAWYER EnvIronmental Engineers & Scientists 1.-': ~u t \..,-::::::!.J " ',<~ CARTER I VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS SPECIFICATION SECTIONS 11175. 11282 AND 11305 Z Magnetic drive, sealess chemical transfer pumps with a design condition of 35 GPM at 65 feet TDH. Each pump will be supplied with a 2 HP, 3450 RPM, TEFC electric motor. 3 ClorTec Cf-1500 sodium hypochlorite generators capable of producing 1,500 Ibslday of equivalent chlorine, each. Each generator shall include an electrolytic cell cabinet with brine make-down control and NEMA 1, epoxy coated steel, air-cooled rectifiers. 1 316 SS, NEMA 4X local control panel (LCP-03) with 10 inch LCD color touch screen and Allen-Bradley programmable logic controller SLC 5/05. 1 HP Compact NC 6000 lap top with Windows XP Professional. 2 2{800 cfm hydrogen dilution blowers with 5 hp, TEFC electric motors for the Stand Pipe. 3 280 cfm hydrogen dilution blowers with 1/3 hp, TEFC electric motors for the Storage Tanks. 1 72-Ton Bryneer FRP brine dissolver with automatic liquid level controller and FPP ladder with safety cage. 3 22,000 Gallon FPP vertical storage tanks with approximate shell dimensions of 13 feet diameter and 2.2 feet tall and FRP ladders and pressure transmitters. 1 24" diameter FRP standpipe for hydrogen dilution. 1 Kinetico Model CP 816S0D water softening system 2 Dayton model 4TU-27, 1 HP water booster pumps 1 Bulk hypochlorite makedown panel Page I i~"" ~ Q CARTER I VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Delray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS 8 Days of start-up and training and on site performance testing performed by factory trained personnel. 1 Portable acid cleaning cost for periodic cell cleaning, 2 . Years parts and labor warranty for generation system as a result of ordinary wear under normal conditions. 1 Spare parts as specified. $1.295.000.00 (Price does not include sales tax) ADomONAL SCOPE ITEMS NOT ORIGINALLY INCLUDED IN THE C&V QUOTE DATED JULY 1, 2005 1 Additional scope items Include laptop with software, 316 55 solution distribution panel, LID's and associated accelerated delivery schedule, I&C and electrical upgrades, warranty, additional start-up and training, performance testing requirements, etc. 5135.000.00 (Price does not indude sales tax) 4 Metering pump skids complete with chemical metering pumps, piping valves and fittIngs by Prom lent. In addition to the chemical metering pumps, each skid will include control panel with VFDs, calibration columns, pressure relief valves, pulsation dampeners, pressure gauges and back pressure valves. 1 Spare parts as specified. 2 Days of start-up and training. 5181.350.00 (Price does not include sales tax) 1 MCC (intelligent/smart), MCC-1H with variable frequency drives, starters with smart overloads, Page 2 i~7 vu ~~~) CARTER i VERPLANCK POST OFFICE BOX 24169 TAMPA, FLORIDA 33623 www.carterverplanck.com Phone: 813.287.0709 Fax: 813.282.8216 Quotation To: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Avenue Defray Beach, FL 33445 Date: January 10, 2006 Re: Reclaimed Water System Expansion OFE Bid Package #1 Sodium Hypochlorite Onsite Generation System WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL FOR ACCEPTANCE WITHIN 30 DAYS breakers, etc. as specified. 1 Spare parts as specified 6 Days of installation supervision, start-up and training by factory trained personnel. $107.800.00 (Price does not include sales tax) 1 Offloading allowance for receipt and proper handling of on site generation equipment at the jobsite. $30.000.00 (Price does not include sales tax) Please Note: 1. We do not indude sales tax, pressure gauges, anchor bolts, wire cable, conduit, pIping, Installation, hook-up, field testing, control panels or any other accessories or other ancillary items which are not specifically called out in this scope of supply. 2. Payment terms are 100% net 30 days from delivery with approved credit. Our prices based upon no retainage. TERMS: 100% Net 30 days after invoice date QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OF FEDERAL STATUE -WITH CREDIT APPROVAL CARTER & VERPLANCK, INC. BY Xen Wa[ker, 'P. 'E. Page 3 Similar On Site Pro j ects Sold By Carter & VerPlanck, Inc. C&V Cartel" & Vel"Planck, Inc. Mechanical Equipment Sales & Sel-vice P. O. Box 24169 Tampa, Florida 33623-4169 8 I 3-287-0709 ACCOUNTS PAYABLE THE POOLE & KENT CO. 1781 NW NORTH RIVER DRIVE MIAMI, FL 33125 GLADES RD-SOD GEN SYS/POOLE Customer Ord # o 1 602-01-003 Ship Via Terms NET 30 DAYS Ship Date Unit Price Description GLADES ROAD WTP 1401 GLADES ROAD BOCA RATON, FL 33431 INVOICE Draft Number OOOlJOo I:; 72 Invoice DOlle March 21. lOll I PO Number 01602.0 i-OJ Contract Job I'uge 1-010 I] 1 Salesperson VERPLANCK Qty Extended Price BILLABLE ITEMS 18,500 GALLON FIBERGLASS STORAGE TANKS 72 TON BRYNEER BRINE DISSOL VERS DILUTION BLOWERS DISTRrBUTION PANELS FREIGHT TO JOBSITE MCl500 ON-SITE SODIUM HYPOCHLORITE GENERATORS, (4) KINETICO MODEL 1200 DUPLEX TANK WATER SOFTENERS MOYNO PROGRESSIVE CAVITY PUMPS NAOCL DILUTION SYSTEM PRESSURE RELIEF VALVES & 15 GALLON CALIBRATION CYLrNDERS SODIUM HYPOCHLORITE PLC CONTROL PANELS ULTRASONIC LEVEL CONTROLLERS SUBTOTAL BILLABLE ITEMS SALES TAX 6'Vo SALES TAX INVOICE TOTAL 5 36,000.00 180,000.00 2 40,000.00 80,000.00 6 4,000.00 24,000.00 3 3,000.00 9,000.00 1 10,000.00 10,000.00 3 350,000.00 ] ,050,000.00 6 35,000.00 210,000.00 ] 6,000.00 6,000.00 2 3,000.00 6,000.00 1 ] 00,000.00 100,000.00 5 2,000.00 10,000.00 35.00 1,685,000.00 100,500.00 100,500.00 SI,785,SOO.OO C&V Carter & VerPlanck, Inc. Mechanical Equipment Sales & Service P. O. Box 24169 Tampa, Florida 33623-4169 813-287-0709 ACCOUNTS PAYABLE RJ. SULLIVAN CORPORATION 2001 N.W. 22 STREET POMP ANa BEACH, FL 33069 HOLL~OOD CHLORINATION/SULLIVN Customer Ord # 2390 Ship Via Terms NET 30 DAYS Ship Date INVOICE Draft Number Invoice Date PO Number Contracl 0000081852 March 12,2003 2390 Description SHIP TO: CITY OF HOLLYWOOD WfP 3441 HOLLYWOOD BLVD HOLLYWOOD, FL 33021 Job Page 1-03004 1 Extended Price BILLABLE ITEMS f ~ ...... 1,800 cfm FRP HYDROGEN Drr..uTION BLOWERS 'V,...,.VI0,000 GALLON HORIZONTAL STORAGE TANKS I:l.. /10,000 GALLON HORIZONTAL STORAGE TANKS TO MATCH EXISTING ., vI 00 GPM FRP MAG DRIVE PUMPS , 0/ 7,000 GALLON STORAGE TANKS .1 v80 TON BR YNEER WITHOUT LEVEL CONTROL SYSTEM 2. ./ CT-3000 CLORTEC GENERATOR WIELEcrROL YTIC CELL RACKS, DUAL RECTIFIER, CONTROL PANEL & WATER SOFTENER ;i. .rDA YS OF START-UP AND TRAINING :I1'f II" v'ENDRESS HAUSER PRESSURE TRANSMITfERS II .....FIBERGLASS STANDPIPE FOR HYDROGEN DILUTION ':2. .rFREIGHT FOR EQUIPMENT TO JOBSITE 'I/-IJ../ FREIGHT TO JOBSITE FOR TANKS & GENEREA TOR I'J.. ./ INSTRUMENT A TION AND CONTROL I' .......PERlST AL TIC HOSE PUMPS , , /PRESSURE RELIEF VALVES /0 /PROJECT ADMINISTRATION /~ :: ~~;~ ~~~T~AMPENERS, CALIBRATION COLUMNS :l. ~ WALL MOUNTED \'FD'S FOR VERDERFLEX PUMPS SUBTOTAL BILLABLE ITEMS SALES T A.,X IO'~ /t:::;-c>oo- 6% SALES TAX Salesperson T A VERRlTE Qty Unit Price 3 7,000.00 3 30,000.00 4 30,000.00 3 8,000.00 2 18,000.00 1 38,000.00 1 794,000.00 10 4,000.00 9 2,000.00 1 8,000.00 1 15,000.00 1 25,000.00 1 90,000.00 11 8,000.00 11 1,090.91 1 ~~. )0,000.00 9 ] ,000.00 1 8,000.00 11 4,000.00 84.00 91,200.00 21,000.00 90,000.00 120,000.00 24,000.00 36,000.00 38,000.00 794,000.00 40,000.00 18,000.00 8,000.00 15,000.00 25,000.00 90,000.00 88,000.00 12,000.00 80,000.00 9,000.00 8,000.00 44,000.00 1,560,000.00 91,200.00 RJ. SULLlV AN CORPORATION INVOICE TOTAL .~ c.j/1:Oj ._._ Draft Number Job Page "~.idmL!!''i Ue!. ._._. -~~;nr.-~!l l'~-: -i ~:;." . 0000081852 1-03004 2 $1,651,200.00 SECTION 11515 ON-SITE ELECTROL YTIC SODIUM HYPOCHLORITE GENERATION SYSTEM PART I GENERAL 1.0 I REQUIREMENTS INCLUDED A. The On-Site Sodium Hypochlorite Generation System shall be furnished by a single qualified On-Site Sodium Hypochlorite Generation System Supplier (OSHSS) who shall provide all the services, equipment, and appurtenances required to achieve a complete, fully integrated, and operational system meeting all the design conditions, testing requirements, performance guarantees, and warranties, as shown on the drawings and as specified herein. B. The equipment to be provided by the OSHSS shall include, but is not necessarily limited to, the following: I. Three (3) 1500 Ib/day Onsite Sodium hypochlorite generator with 6 pulse rectifiers each. 2. One (1) duplex alternating water softener units, by Kinetico, Model 2000, to supply softened water for brine solution makeup, for the generation cell and for emergency bulk bleach dilution. 3. Four (4),22,000 gallons each, Sodium hypochlorite (product) storage tanks with necessary accessories and appropriate instrumentation. 4. Two (2), 2,800 cfm and four (4) 280 cfm centrifugal Blowers (for Hydrogen gas venting/removal). 5. A complete hypochlorite generation control system package including, but not limited to a. On-site Sodium Hypochlorite generation system control panel as shown on the drawings. b. Programmable Logic Controllers (PLCs) c. Color LCD touch screen Operations Interface Panel (OIP) d. Transmitters, indicators, and instrument grounding e. Integration with plant-wide SCADA. 6. One (1) Portable acid cleaning system. 7. One complete emergency commercial dilution bleach assembly complete with valves, eductors, flow meters, pressure gauges, etc. as shown on the drawings. 8. One (1) 24" Standpipe for removal of hydrogen gas as specified herein. C. The OSHSS shall furnish all necessary supervisory services during installation and field testing of each unit (by Mechanical Subcontractor) and instructing the regular operating personnel in the proper care, operation, and maintenance of the equipment. D. The sodium hypochlorite generation equipment shall be manufactured by CLORTEC Division of Severn Trent Services, Inc., in accordance with Section 0 I 0 15 Approved Materials. 1.02 MECHANICAL SUBCONTRACTOR SCOPE OF WORK A. Mechanical Subcontractor shall furnish all labor, materials, equipment and appurtenances required to install, test and place into satisfactory operation the complete sodium hypochlorite 6711-41957/1/24/2008 Boylan BeachlEast Plant OSG DesignlSpecsl11515.doc 11515-1 C:\Documents and Settings\solanoic\My Documents\Projects\Clty of generation system as supplied by the OSHSS as shown on the Drawings and as specified herein. B. The Electrical Subcontractor shall furnish all labor, materials, equipment and incidentals required to install a complete electrical system for the On-site Sodium Hypochlorite generation system, including motor starters, point-to-point wiring diagrams. The installation of the electrical system and all its components shall be performed under this section and shall comply with applicable sections of Division] 6 and the electrical drawings. The work under this section shall include, but not limited to furnishing, installing and testing the following items I. Motor control centers, including motor starters and circuit breakers. 2. Transformers - power, control and potential. 3. Raceways, fittings, conduits and cable trays. 4. Wires and cables. 5. Panel boards. 6. Metering equipment. 7. Grounding systems. 8. Power factor correction capacitors. 9. Surge protection. ] O. Variable Speed controllers. C. The Instrumentation Subcontractor shall install the OSHSS furnished complete instrumentation and control system for hypochlorite generation system under this section and shall comply with the applicable sections of Division 13 and Division 16 and the instrumentation drawings. The hypochlorite generation instrumentation and control system shall interface with the plant wide SCADA system (by AES ~ Application Engineering Services) to be provided under Division 13. The OSHSS shall also coordinate the work with the instrumentation Contractor (lSS- Instrumentation System Contractor). The work shall include, but not limited to. installing and testing the items mentioned in paragraph 1.01 B.7 above. D. The Drawings show an outline of the skid, various components and the system's overall relationships. Not all items incidental to the sodium hypochlorite generation system are shown or specified. It is the intent of these Specifications that the OSHSS is to provide a complete and workable system whether or not any specific component is shown or specified, and installed by the Subcontractor. E. Related Requirements I. Division I, General Requirements 2. Section 0 I 0 15: Approved Materials 3. Section 0 1300: Submittals 4. Section 01730: Operation and Maintenance Data 2. Division 3, Concrete 3. Division 9, Painting 4. Instrumentation except as specified herein and is specified in Division 13. 5. Division 15, Mechanical 6. Division 16, Electrical 1.03 QUALITY ASSURANCE A. Single Source 6711-41957/1/24/2008 Boy ton Beach\East Plant OSG DesJgn\Specs\11515.doc ] 1515-2 C.\Oocuments and Settings\solanoic\My Documents\Projects\City of 1. For coordination purposes all materials, equipment and incidentals, whether or not shown or specified herein, shall be supplied by a single On-site sodium hypochlorite generation system supplier (OSHSS). B. Manufacturer's Qualifications I. The hypochlorite generation equipment manufacturer shall have at least twenty (20) years experience in furnishing equipment of similar capacity and service capability to the equipment described herein. As part of their submittal package, the OSHSS shall submit to the following: a. Evidence that equipment of similar capacity and service capability has been in successful operation for at least five (5) years in at least five (5) separate installations. Provide location of installation, contact person name and phone number, capacity of generation system and year installed. All installations submitted to satisfy the experience requirement shall be within the continental United States. b. Current NSF/ANSl Standard 61 Certification (Drinking Water Additives-Health Effects). c. Documentation demonstrating that the on-site generation system manufacturer is certified to quality standard MIL-I-45208A for assembly and manufacture. d. The equipment performance must be certified through the EP A/NSF Environmental Technology Verification (ETV) Program. 2. Tank manufacturer shall have experience producing substantially similar equipment and shall show evidence of at least five (5) installations where Fiberglass Reinforced Plastic (FRP) storage tanks of the types specified herein storing 15 percent sodium hypochlorite have been in satisfactory operation for at least five (5) years. a. Source Quality Control (I) Each tank shall be given a hydrostatic test by the tank manufacturer before shipment by filling the tank full with water. The hydrostatic test shall continue for a minimum of 24 hours. (2) Each tank shall be inspected for defects in accordance with requirements of ASTM D2563 and as inspected herein. C. Reference Standards Comply with applicable provisions and recommendations of the following, except as otherwise shown or specified. I. OSHA, Safety standards concerning personnel protection against machinery and the handling of dangerous chemicals. 2. Instrument Society of America (ISA) 3. American Society for Testing and Materials (ASTM) 4. Joint Industrial Council (JIC) 5. National Electric Manufacturer's Association (NEMA) 6. National Electrical Code (NEC) 7. Institute of Electrical and Electronic Engineers (IEEE) 8. American Welding Society (A WS) 9. American National Standards Institute (ANSI) 6711-41957/1/24/2008 Boyton BeachlEast Plant OSG DeslgnlSpecsl11515.doc 11515-3 C:\Documents and Settings\solanoic\My Documents\Projects\City of 10. Anti-Friction Bearing Manufacturers Association (AFBMA) II. Standards of American Water Works Association (A WW A) D. The sodium hypochlorite generation system skid shall be preassembled and shop tested by the manufacturer to assure compliance with pressure and operational requirements. 1.04 SUBMITTALS A. The OSHSS shall submit, in accordance with section 01300, complete shop drawings to establish compliance with this section. Submittals shall include the following and all other information requested in other paragraphs of this specification section for approval: I. Manufacturer/supplier's literature, illustrations, specifications and bill of materials for each component of the system (for all field and panel mounted equipment and instruments). Data shall include a complete description in sufficient detail to pennit comparison with the technical specifications. Bill of Materials shall include, as a minimum, the following: a. Manufacturer and complete model number; b. quantity provided; c. location and/or description; d. material of construction, ranges, set points, etc. where applicable. 2. Certified dimensional drawings (including anchor bolt layout), materials, size, weight and performance data for each component. 3. Literature and drawings describing all hypochlorite generation equipment in sufficient detail including parts list, materials and details of construction, to indicate full compliance with this section. 4. Drawings showing fabrication, assembly, installation and wiring diagrams. Wiring diagrams shall consist of, at a minimum, of control schematics, including coordination with other electrical control devices operating in conjunction with the sodium hypochlorite generation system. 5. Provide detailed process and instrumentation diagrams (P&IDs) which shows location of all instruments, valves and auxiliary equipment. Also, provide detailed loop diagrams and process loop descriptions showing and describing the operation and control of the hypochlorite generation system. 6. Motor Data: For each motor furnish a certified motor data sheet for the actual motor. Refer to Section 16150 for additional requirements. 7. Pump Data: For each pump furnish a perfonnance certification indicating: head, capacity, efficiency and horsepower. Provide descriptive literature bulletins, or catalogs of the equipment including materials of construction and parts list, to indicate full confonnance with this section. 8. A list of any and all parameters, ratings or other characteristics where the proposed sodium hypochlorite generation system deviates from the requirements set forth in these Specifications. 67] 1-41957/1/24/2008 Boy ten Beach\East Plant OSG Design\Specs\11515.doc 115] 5-4 C:\Documents and Settlngs\solanolc\My Oocuments\ProJ8cts\City of 9. Affidavits of compliance with referenced standards and codes. 10. Manufacturer/supplier's standards for sodium hypochlorite generator feed system hypochlorite equipment. B. Electrical/Instrumentation Submittals I. Submit complete electrical, instrumentation and control, and wiring diagrams in sufficient detail to allow installation of instrumentation and controls, and electrical components. Specifically, the following is required: a. Complete instrumentation and control schematics, presented in conformance with ISA Bulletin S5.1, latest edition. b. Control ladder diagrams and point-to-point component interconnection diagrams. c. Wire numbers and/or color coding. d. Terminal numbers. f. Operation, installation and troubleshooting instructions. 2. Submit complete equipment fabrication drawings for variable frequency converters and control panels to include the following: a. Scaled cabinet assembly and layout drawings including internal and external views. b. Control panel front elevation showing all face-mounted instruments, control panel interior layout drawing showing location of major components, motor starters, control power transformers, fuses, circuit breakers and point-to-point wiring drawings. c. Detailed bill of materials for all components including manufacturers name, description and catalog number. d. Fabrication and painting specifications. e. Recommended spare parts list. 3. Submit software documentation in accordance with the applicable Sections of Division 13. C. In the event it is not possible to conform to certain details of this Section, describe completely all non-conforming aspects. D. Operation and Maintenance Data Submit six (6) copies of complete Operation and Maintenance manuals in accordance with the requirements of Section 01730 and as described below: I. Required Operation Data a. Complete, detailed operating instructions for each piece of equipment. b. Explanations for all safety considerations relating to operations. c. Recommended spare parts lists. 2. Required Maintenance Data a. Maintenance data shall include all information and instructions required by plant personnel to keep equipment properly cleaned, lubricated and adjusted so that it functions economically throughout its full design lift. b. Explanation with illustrations as necessary for each maintenance task. 6711-41957/1/24/2008 Boylon BeechlEa.t Plant OSG DesignlSpecsl11515 doc 11515-5 C:\Documents and Settings\solanoic\My Documents\Projects\City of c. Recommended schedule of maintenance tasks. d. Lubrication charts and tables of alternate lubricants. e. Troubleshooting instructions. f. List of maintenance tools and equipment. g. Name, address and phone number of manufacturer and manufacturer's local service representative. E. Training The System Supplier shall provide the services of qualified factory service representatives for each component of the sodium hypochlorite generation system to instruct the Owner's personnel in the operation and maintenance of the system in the presence of the Construction Manager, including step-by-step troubleshooting with necessary test instruments. Instruction shall be specific to the make and model of sodium hypochlorite generation equipment furnished and consist of two consecutive days of training. The representative shall have at least four years of experience in sodium hypochlorite generation system training and instruction. Training sessions shall be scheduled not less than two weeks in advance. Written training materials shall be provided to each of the Owner's personnel in attendance and shall remain with the trainees. 1.05 PERFORMANCE GUARANTEE AND WARRANTY A. The OSHSS shall guarantee a maximum of 2.0 kilowatt-hours of power consumption to produce one pound of chlorine equivalent. B. The OSHSS shall guarantee a maximum of3.0 pounds of solar salt consumption to produce one pound of chlorine equivalent. C. The OSHSS shall guarantee a maximum of 15 gallons of softened water to produce one pound of chlorine equivalent. Plant finished water will be used for supplying water to the water softeners. The plant finished water will have maximum chloride concentration of 200 ppm, sulfide concentration of 0.001 ppm, free chlorine residual of3 ppm (maximum), hardness (avg) of 100 ppm as CaC03, Iron concentration of 0.05 ppm. and Manganese concentration of 0.05 ppm. D. Prior to acceptance of the sodium hypochlorite generation system, provide written warranty from the OSHSS that includes the following statements: I. OSHSS has inspected the installation during and after completion and the sodium hypochlorite generation system and the OSHSS certifies that the system installed is free from faults and defects and is in conformance with the Contract Documents. 2. Sodium hypochlorite generation system will remain free of defects for a period of two (2) years from the date of final acceptance. 3. If the equipment requires repair or replacement as a result of ordinary wear and tear under normal conditions, the OSHSS will repair or replace such equipment as required without cost to the Owner. 4. OSHSS will secure a five-year not to exceed cost guarantee for replacement of the anodes. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING 6711-41957/1/24/2008 Boy ton Beach\East Plant OSG Design\Specs\ 11515. doc 11515-6 C:\Documents and Settlngs\solanolc\My DOGuments\ProJects\Clty of A. All equipment and materials shall be inspected against approved Shop Drawings at time of delivery. Equipment and materials damaged or not meeting requirements of the approved Shop Drawings shall be immediately returned to the OSHSS for replacement or repair. B. The Mechanical Subcontractor shall store the equipment and materials in a dry location and protect them from the elements according to the system manufacturer's instructions. C. The Mechanical Subcontractor shall handle the equipment and materials in an approved manner according to the system manufacturer's instructions. 1.07 SYSTEM DESCRIPTION A. The On-site sodium hypochlorite generation system shall have a firm capacity to produce 750 lb/day of 0.8% sodium hypochlorite with one (1) 750 ppd generator online. The 0.8% hypochlorite solution generated will be stored in two (2) 10,000 gallon capacity storage tanks ready for use as needed. When the hypochlorite in the storage tanks reaches a preset low level, the system shall automatically restart and replenish its supply of hypochlorite. The preset high level in the storage tanks shall stop the generation units and the units shall remain in standby until the storage tanks level drops to the low-level set point. The operation of the hypochlorite generation system is described as follows: I. Saturated Salt (30% brine solution produced by feeding softened water to the brine tank) shall be drawn from the brine tank by a flow adjusted eductor (located on the generation unit) and diluted by softened water (10: I ratio of water to brine solution). 2. This 3% brine solution is passed through the rack-mounted electrolytic cells. A rectifier applies a low voltage DC current to the electrolytic cells which passes through the 3% brine solution producing 0.8% sodium hypochlorite solution. 3. Hydrogen gas is the by-product of the generation reaction which is collected and vented to the atmosphere (90% is vented to the atmosphere by blowing air through a standpipe containing the 0.8% hypochlorite solution and 10% is vented to the atmosphere by blowing air through the storage tanks). B. The 0.8% sodium hypochlorite solution from the storage tanks shall be fed to four different application points (each clearwell, the finished water main, and the concentrate main) by hose pumps as shown on the drawings. C. Under emergency situation, if the generation system is out of service, commercial bulk (12.5%) sodium hypochlorite shall be filled in Tank No.2. The bulk hypochlorite shall be diluted using potable water in I: 15 dilution ratio by use of the bulk bleach dilution assembly to generate 0.8% sodium hypochlorite solution which shall be stored in Tank No.1 and fed to the application points via the same hose pumps. The OSHSS shall provide the appropriate dilution assembly as shown on the drawings. 1.08 TOOLS, SPARE PARTS AND MAINTENANCE MATERIALS A. The onsite sodium hypochlorite generator feed system shall be furnished with the following spare parts: 6711-41957/1/24/2008 Baytan BeachlEast Plant OSG DesignlSpecsl115 1 5.dac 11515-7 C:\Documents and Settings\solanoic\My Documents\Projects\City of I. One (I) complete set of fuses 2. One (1) automatic dilution water shutoff valve 3. One (1) set of metering pump recommended spare parts for each pump type 4. One (1) electrolytic cell level temperature switch assembly 5. One (I) set of dilution doser recommended spare parts B. The sodium hypochlorite feed equipment shall be furnished with the following spare parts: I. Special tools required for operation and maintenance. 2. Complete set of gaskets for all gasket covers and connections. C. Spare parts shall be packed in sturdy containers with clear indelible identification markings and shall be stored in a dry, warm location until transferred to the Construction Manager at the completion of the contract. D. Furnish an initial supply of all greases and lubricants required to start operations. Supply an amount of these materials equivalent to one year of continuous operation. 1.09 NOISE LIMIT A TrONS A. All equipment outside in the open shall be designed to limit sound pressure production to 75 dBA in any direction at a distance of 3-ft-0-in while operating under full load conditions. Discharge silencers shall be provided on the blowers and shall be annular absorptive type by Kittel; Burgess-Manning or approved equal. PART 2 PRODUCTS 2.01 GENERAL A. Functional Requirements 1. Instrumentation, controls, logic, programming, interlocks and valves shall be provided as required for the system to operate as described below. .., General arrangement, piping sizes and accessories are shown on the Contract Drawings. B. The material specified herein is intended to be standard equipment of proven ability and as manufactured by reputable concerns having experience in the production of such equipment. The equipment furnished shall be designed, constructed and installed in accordance with best practice and methods and shall operate satisfactorily when installed as shown on the Drawings. C. All equipment shall be designed and proportioned to have liberal strength, stability and stiffness and to be especially adapted for the intended service. D. All equipment and piping shall be rigidly and accurately anchored into position and all necessary foundation bolts, plates, nuts and washers shall be furnished and installed. All bolts. nuts and washers shall be of stainless steel. 6711-41957/1/24/2008 Boy ton Beach\East Planl OSG Oesign\Specs\ 11515 .doc 11515-8 C:\Oocuments and Settings\solanoic\My Documents\ProJects\City or E. Stainless steel nameplates giving the name ofthe manufacturer, serial number, model number, horsepower, speed, voltage, amperes and other pertinent data shall be attached to each motor. F. Engraved laminated nameplates giving the name and function of all selected switches, pushbuttons, alarm lights and control devices shall be securely attached to each panel and nameplates with metering pump numbers shall be securely attached to each pump. G. All electrical materials and equipment shall be UL listed and shall otherwise be equal to that specified under Division 16. H. All motors included under this Section shall be of the totally enclosed, non-ventilated type conforming to NEMA Standards, with Class B insulation and temperature rise and designed for operation in a maximum temperature of 40 degree C ambient. Motors I Hp and larger shall have a 1.15 service factor, which shall not be used when the equipment is operating under any normal operating condition. Motor horsepower and speed shall be as determined by the system supplier and approved by the Construction Manager. I. Removable, all metal guards in complete conformance with OSHA shall be provided for all motor couplings, V -belt drives and similar exposed rotating elements. 2.02 ON SITE SODIUM HYPOCHLORITE GENERA TORS A. Provide one (1) sodium hypochlorite generation system, with a capacity of750 lbs. day of equivalent chlorine. B. Generation system shall have a 24-hour reserve capacity for sodium hypochlorite solution. C. The electrolytic system shall generate an aqueous solution of a minimum concentration of 0.8 percent by weight (::t 0.05 percent) sodium hypochlorite expressed as chlorine. The minimum capacity shall be demonstrated to be equal to the capacity specified for each installation while not exceeding the maximum raw material quantities. D. The electrolytic cell shall consume a maximum of 3.0 pounds of salt per pound of chlorine equivalent output, using solar salt containing no organic binders, flow control agents or resin cleaning material, and meeting the following specifications: MAXIMUM: PPM (mg!Kg) Weight NaCl: - dry basis - wet 96.3% minimum 93.3% minimum Calcium Sulfate 0.30% maximum Magnesium Chloride 0.06% maximum Calcium Chloride 0.10% maximum 6711-41957/1/24/2008 Boyton BeachlEasl Plant OSG DesignlSpecsl11515.doc 11515-9 C:IDocuments and SettlngslsolanolclMy DocumenlslPro)eclslCity of Magnesium Sulfate 0.02% maximum Insolubles 0.1% maximum Moisture (as H20) 3.0% maximum Lead .0007% maximum Copper .0003% maximum Iron (as Fe) 0.002% maximum E. The electrolytic cell shall consume a maximum of2.0 A.e. kilowatt hours of electricity per pound of chlorine equivalent output. F. The electrolytic cell shall consume a maximum of 15.0 gallons of water per pound of chlorine equivalent output. The water supply to the softener shall be plant finished water as described above. G. Each generator shall have no waste products associated with its use other than hydrogen gas which is to be vented directly to the atmosphere. No hydrogen shall be vented directly to the hypochlorite storage tank where an accumulation could occur. H. The generator package shall be mounted in the general location shown on the drawings and shall be factory wired, plumbed, assembled and tested. Interconnecting plumbing and wiring between components to be provided by the Mechanical Subcontractor and Electrical Subcontractor. The system component frames shall be 304 stainless steel. 1. The generator package shall consist of the electrolytic cells, flow control system, free standing rectifier cabinet, PLC based control panel containing system controls, water softener with water volume regulated regeneration valve. J. The electrolyte flow control system will function to deliver two (2) independent flows to the electrolytic cells. The first being a blend of 100% of the necessary salt brine and 50% of the required softened water, which will be the primary flow delivered to the start of the process. The second being the balance of the softened water, 50%, delivered halfway through the process either between cells or mid-cell. The flow control system will also have the capability of blending muratic acid versus salt brine into the primary flow for acid cleaning purposes. K The transformer/rectifier shall be durable, of high quality, rugged design using first quality JEDEC rated semiconductors and other quality components combined with expert craftsmanship. The acceptable configurations are ANSI 9 (single way) with SCR's in the secondary (low voltage) side of the main power transformer to perform both the control and rectification. Rectifiers are to be rated for 100% continuous duty at 40 degrees e. The main cabinet shall be NEMA 12 heavy-gauge steel. All ventilation openings shall have mesh screens. Control panel shall meet the additional construction requirements of Section 1 619] . L. The flow control panel shall function to automatically dilute concentrated brine with softened water netting a 3% solution to be delivered to the cells. The flow control panel shall have 6711-41957/1/24/2008 Boy ton Beach\East Plant OSG Design\Specs\11515.doc 11515-10 C\Documents and SettlOgs\solanolc\My Documents\ProJects\City ot valving capable of allowing the educator to blend muratic acid into the cells for cleaning purposes. M. Electrolytic Cell I. The electrolytic cell shall be constructed of clear acrylic and CPVC materials, allowing for full visual inspection of electrodes from top, bottom, back and front during normal operation. 2. Cell construction shall be tubular, allowing for electrodes to be removed as a single assembly. Any necessary joining of cell materials shall be by solvent welding or mechanical compression. Thermal welding will not be allowed. 3. Cells constructed of solvent welded dissimilar materials will not be allowed due to their high potential for leakage. 4. The tubular cells shall be factory tested to 55 psi, for a period of 15 minutes, prior to final assembly and shipment. 5. The electrodes shall be titanium and the anodes coated with a mixed metal oxide catalytic coating for electrical efficiency and maximum longevity. They shall be vertically oriented solid flat plate construction to maximize the high velocity gas lift between electrodes, which will minimize scaling. Expanded metal electrodes will not be allowed. 6. All wetted material inside the cell shall be titanium, PVDF, PTFE or viton. Due to the highly corrosive environment, no other materials will be allowed. 7. All cell penetrations must be made with male pipe threads or bolted flanges. Solvent welded socket connections will not be allowed. 8. Maximum allowable cell current density shall be 1.20 amps/sq.in. The generation system supplier shall provide calculations showing all relevant cell data. Data shall include electrode area measurements, and current flows. Electrode service factor shall be expressed as amps per square inch of electrode surface. 9. All external electrical connection to the cell shall be rectifier grade silicone bronze with a maximum current density of200 amps/sq. in. Lesser materials or higher current densities will not be allowed. N. The generator package shall have the following redundant interlocked safety features: I. The generator shall automatically start and stop based on the high and low levels in the day tanks. 2. The water softener resin shall automatically be regenerated with brine solution from the brine tank. 3. The generator package shall have the following redundant interlocked safety features: a. Cell high temperature switch, for each cell 6711-41957/1/24/2008 Boyton BeachlEast Plant OSG DesignlSpecsl11515.doc 11515-11 C:\Documents and Settings\solanoic\My Documents\Projects\City of b. Cell low level switch, for each cell c. Water flow switch d. Rectifier over voltage switch e. Transformer high temperature switch f. Automatic voltage and current regulation g. Hydrogen dilution blower failure h. Provide a common alarm dry contact for anyone of these alarm conditions listed to the plant control system local PLC panel. All of the above safety features shall be interlocked so as to prevent operation if any of the normal parameters are exceeded. In the event of a trip condition an alarm contact set will be made signaling a shutdown condition. Each alarm condition, along with normal operating status, shall be individually sent to the plant control system via the data highway. O. The water softeners shall be dual tank, continuously operational and capable of automatically regenerating without the use of electric timers or gear motors. The softener shall be capable of exchanging 70,000 grains of hardness as CaC03 between regeneration cycles. Regeneration cycles shall be flow dependent only. The water softener shall be a duplex alternating water softener, by Kenetico, Model 2000. The acid cleaning system shall consist of a polyethylene or equal tank, chemical resistant magnetic drive pump and interconnecting pipe, valves, and fittings. The tank shall have flanged inlets and outlets with a cover to prevent ingress of foreign material. The pump shall be a magnetic drive pump of polypropylene with ceramic shaft materials and Yiton seals. Pump capacity is to be greater than 20 GPM at 20 feet of head. Piping materials shall be PYC with valves sufficient to isolate the pump and tank for maintenance purposes. P. The process shall operate in a batch environment allowing for consistent hypochlorite concentrations and greatest efficiencies. Q. The complete generator assembly shall be field tested for a minimum of 8 hours and proper operating parameters confirmed after installation. The product concentration shall be 8000 ppm:!: 500 ppm. The minimum capacity shall be demonstrated to be equal to the capacity specified for each installation while not exceeding the maximum raw material quantities. R. The manufacturers warranty on the generator shall be as follows: Electrodes: 0-2 years full replacement 3-7 years prorated straight line Cell body, rectifier, transformer and all peripheral equipment: 2 years parts and labor 2.03 BRINE TANK A. Provide two (2) bulk salt/brine storage tanks with a salt capacity of 72 tons each. Each tank shall be 12 feet diameter by ] 8' feet high, rated for temperatures up to ] 25 degrees F, and located in an outside unenclosed area. Chopped hoop construction will not be acceptable. 6711-41957/1/24/2008 Boy ton Beach\East Plant OSG Design\Specs\11515.doc I] 5] 5-12 C:\Documents and Settlngs\solanotc\My Documents\Projects\City of B. Materials I . Resin to be Koppers 663 I T or approval equal 2. All nozzles shall have insulation placed around lay-up areas C. Reinforcements I. The chemical surfacing veil shall be Type "C" glass surfacing mat 1 0 mil thickness. 2. The Chopped strand mat woven roving and continuous roving shall be Type "E" glass with a silane finish and styrene soluble binder. This glass wiIl be 225, 450 or 675 yard per pound yield. 3. The laminate shall consist of an interior surface, an interior layer, a structural layer and an exterior protective surface. 4. The interior surface shall be a reinforced layer of 10 to 20 mil thickness. Resin content is to be greater than 80 percent. 5. The interior surface shall be free from cracks and crazes; it shall have a smooth finish with an average of no more than two pits per square foot, providing such are no greater than 0.25" in diameter, are not over 0.031" deep and are sufficiently covered with resin to protect the interior surface reinforcement. 6. The interior layer shall back the interior surface to a minimum thickness of 0.1 00" and wiIl have a content of twenty to thirty percent non-continuous glass strands. 7. The finished laminate shall be as free commercially practicable from visual defects such as dry spots, foreign inclusions, pinholes and delamination. 8. The structural shall consist of continuous strand filament winding to satisfy longitudinal strength requirements, chopped glass is to be applied prior to the first cycle of winding and interspersed between subsequent cycles. 9. The exterior surface shall consist of resin blended with a 0.6 percent of paraffin wax or provide a full surface curve and a tack-free corrosion-resistant surface. The translucent tank shall have two percent ultra-violet attack. D. Fittings: Standard flanged nozzles shall be entirely of hand lay-up construction with the flange and pipe neck molded as one integral unit. I. Nozzle wall and flange thickness are to be fabricated for 25 psi pressure rating. 2. The face of the flange shall be perpendicular to the centerline of the pipe to within 1/2 degree and shall be flat to within 1/16 inch. 3. The location of a nozzle wiIl be held to ::!:: 1/4 inch. 4. All nozzles shall be conically gusseted. 5. All nozzles shall be covered during shipment to keep out dirt and other contaminates. E. Brine tank shall be provided with the following accessories: 1. Four (4) tie down lugs made of zinc plated steel. Four (4) lifting channels made of zinc plated steel. 2. 4-inch conically gusseted flanged nozzle with 4-inch diameter 304 stainless steel Schedule 40 salt unloading pipe with 3/4 inch water injection port, 4-inch aluminum camlock coupling and cap. Pipe to be supported off tank wall. Clips wiIl be furnished. 3. I-inch conically gusseted flanged nozzle brine outlet with internal brine plenum with slotted PVC filter pipe. 6711-41957/1/24/2008 Boyton BeachlEas! Plant OSG OesignlSpecsl1 1515.doc 11515-13 C:\Oocuments and Settings\solanoic\My Documents\Projects\City of 4. 2-inch conically gusseted flanged nozzle with I-inch PYC water inlet ring.5.8-inch gooseneck vent with PYC vent extension, clips to attach to tank wall, polyester dust bag and rubber connection boot. 5. 24-inch top flanged manway with cover spring loaded for emergency pressure relief of:' psi, pressure on salt delivery will be approximately 2 - 3 psi. 6. 24-inch side flanged manway with cover, neoprene gasket, zinc plated fasteners. 7. Provide external aluminum access ladders for use with storage tanks. Returns and safety cages shall be provided. Ladders shall be provided with necessary assembly and mounting hardware mounts shall not penetrate tank wall. Ladders shall meet applicable OSHA standards. 8. Fiberglass encapsulated nameplate. 9. Two (2), 50-micron inline cartridge filters with stainless steel mounting hardware, shall be mounted on the outlet of the brine tank supplying the brine solution to the generation cells with appropriate isolation valves. 10. Digital brine level controller to consist of a pressure transmitter, solenoid valve and check valve. All level controls shall be operated and serviced at ground level. Top mounted valves and controls shall not be acceptable. The following additional alanns shall be provided on the control panel for the brine tank: a. Low-low level for Brine tank b. High-high level for Brine tank Retransmit the above alanns to the Plant Control System PLC. F. Test Procedures: The following test procedures shall be employed to ascertain quality of tank construction by system supplier or manufacturer before shipping: I. Hardness Test: The surface area of the tank shall be tested with a barcol impresser. Ten readings of a resin rich surface are taken with the two highest and two lowest eliminated. An average is taken of the remaining six readings, which must equal at least ninety percent of the resin Manufacturer's recommendation. 2. The manufacturer must by ISO 900 I certified and maintain a quality assurance department. Furnish documentation that this requirement is met and all equipment was properly inspected prior to shipment. G. Manufacturer: Provide tank and accessories as manufactured by one of the following: I. Plas- Tanks Industries, Inc., Hamilton, Ohio 2.04 SODIUM HYPOCHLORiTE STORAGE TANKS AND APPURTENANCES A. Provide four (4) above-ground vertical chemical storage tanks under this section: I. Service concentration: Sodium hypochlorite (0.8 to 15 percent maximum concentration) 2. Specific Gravity (approx.): 1.5 3. Number of tanks: 4 4. Nominal diameter: 12 feet diameter 5. Height of shell: 25' side water depth 6. Nominal capacity: 22,000 gallons each tank B. General 6711-41957/1/24/2008 Boyton Beach\East Plant OSG Deslgn\Specs\11515.doc 11515-14 C:\Documents and Settings\solanolc\My Documents\Projects\City of I. The fiberglass tanks shall be constructed using the hand lay-up process and shall be capable of storing sodium hypochlorite at solution strength of up to 15 percent and at temperatures up to 125 degrees F in an outside unenclosed area. Chopped hoop construction will not be acceptable. 2. The fiberglass tanks shall be flat bottom and dished top in accordance with ASME RTP-l using Type II laminates. All dimensions, details and accessories shall be as shown on the Drawings and as specified herein. 3. Tanks shall be non-insulated suitable for vertical installation in an outside unenclosed area. Tanks shall be designed so that no external bracing, ribs, hoops, or support wires are required. Top of tank shall be capable of supporting weight of maintenance personnel. 4. There shall be no vertical joints (in axial direction) in the cylindrical shell. There shall be no secondary bonds in the cylindrical shell at intervals of less than 15 feet in the hoop direction of the cylindrical shell shall be for Type 11 laminates. 5. The entire thickness of the cylindrical shell (inner surface, interior layer, structural layer and exterior surface) shall be built up prior to removal of the shell from the mandrel. 6. The tank walls shall have the same thickness throughout and shall not be tapered or stepped. 7. Regardless of the theoretical design requirements, the minimum total laminate thickness of the tanks shall NOT BE LESS THAN 3/8 - INCHES, WITHOUT EXCEPTION. 8. Flat bottoms shall have a minimum thickness as required by ASME RTP-l, Section 3A- 250 or 3/8 inches, whichever is greater. 9. The knuckle radius of the top and bottom heads shall be in accordance with ASME RTP- 1. 10. Heads shall be laminated integrally with the shell or shall be laminated separately. Heads laminated separately shall be molded with an integral skirt in accordance with ASME RTP-1. The entire head including knuckle radius and skirt shall be laminated in one piece. C. Laminate Materials and Fabrication 1. Laminate construction shall be ASME RTP-l Type II. 2. The inner corrosion barrier shall be a resin-rich barrier consisting of I layer of C-glass on the process side followed by two layers of synthetic surfacing veil with resin applied to maintain a ratio of 90 percent resin to 10 percent glass. The resin-rich barrier shall be 20 to 30 mil thick. The synthetic, non-hydrophilic polyester surfacing veil shall be Nexus as manufactured by Burlington Industries. a. The resin shall be a Bisphenol A Vinylester and shall be Derakane 411-45 by Dow Chemical or Hetron 922 by Ashland Chemical. There shall be no additives in the 6711-41957/1/24/2008 Boyton BaachlEast Plant OSG OaslgnlSpacsl1 1 S1S.doc 11515-15 C:\Documents and Settings\solanoic\My Documents\Projects\City of resins used for the corrosion barrier. The cure system shall be Benzoyl PeroxidelDimethylaniline (BPOIDMA). 3. All fiberglass reinforcements, catalysts, cure-control additives and paraffinic waxes used shall be as recommended by the resin manufacturer, in writing, as consistently giving the best results with the resin being used. Resins binders in chopped strand mats shall be suitable for fabrication of corrosion barrier. 4. All joints shall be overlapped a minimum of 2-inches. Overlapped joints shall be staggered to promote structural integrity. In all layers, the veil or glass shall be rolled into the resin with each layer separately rolled out. 5. The inner corrosion barrier shall be followed by not less than two layers of 1-1/2 or 2 ounce chopped strand, ECR-glass mat, minimum 0.086-inch thick with a 25 to 30 percent glass content. The resin shall be as described in Paragraph 2 above. 6. The inner corrosion barrier plus the two mat layers shall total 0.116-inch minimum thickness. The entire liner shall be completely cured before the structural layers are applied. This thickness shall not be included in the structural laminate thickness calculations. 7. The structural layer shall be of additional fiberglass laminates to achieve the desired thickness using Type E-glass, and shall have a glass content of 35 to 40 percent. The resin shall be a brominated vinylester such as Derakane 51 OA by Dow Chemical; Oion VER 9300FR by Reichhold Chemical, or Hetron FR992 by Ashland Chemical. Resin shall have a Class I flame spread rating with the addition of 3 percent antimony trioxide or 7.5 percent antimony pentoxide. The cure system in the structural layer may be either BPOIDMA or MEKP/CPNap. Care shall be taken to avoid excessive laminate exothenn. a. The structural portion shall consist of alternate layers of resin saturated woven roving and chopped strand mat. The chopped strand mat shall have noncontinuous glass strands with a maximum length of 2.0-inches. The use of "Fab-Mat" or knitted reinforcements shall not be permitted in any portion of the tank fabrication. 8. In addition to the above requirements, the tanks shall have an average glass content of at least 35 percent by weight per ASTM 02584. 9. The exterior tank surface consist of a layer of A-glass surfacing veil not less than 10 mils thick, Outside finish shall be a parafinated topcoat containing an ultra violet absorber, The absorber used shall not inhibit resin cure, The resin shall be as described in Paragraph 2 above and shall be applied to maintain a ratio of 90 percent resin to 10 percent glass. The topcoat shall be clear. 10. All exposed edges or ends of fittings, cover, flanges, nozzles, shall be covered with resin finish coat used in the inner corrosion barrier as specified in Paragraph 2 above and containing parafinate wax. In addition, any exposed joints between the tank walls or top and fittings shall be covered with the same corrosion barrier as described in Paragraphs 2 through 6 above. 6711-41957/1/24/2008 Boyton Beach\East Plant OSG Deslgn\Specs\11515.doc 115] 5-16 C:\Documents and Settings\solanoic\My Oocuments\Projects\City of 11. All tanks and FRP accessories shall be postcured at manufacturer's facilities as described below. The success of the postcure process shall be the responsibility of the manufacturer. The procedures outlined below are provided as minimum requirements only. a. Postcuring shall be conducted in a hot air convection curing oven such that both the interior and exterior laminate surfaces are exposed to the same hot air temperatures. Placing equipment in sunlight forcing hot air or steam into the equipment and/or around it which under a tarp, placing the equipment under electric salamanders or heat lamps are not acceptable means of postcuring. b. Postcuring ovens/structures shall be equipped with time/temperature recording devices such that the temperatures are logged. A continuous record or chart of curing air temperatures shall be made available for review by the Engineer prior to shipment of the tanks. c. Manufacturer shall postcure the equipment at a minimum of 180 degrees F or the operating temperature of the process whichever is greater. Postcure temperature shall not exceed the Heat Distortion Temperature of the resin or 250 degrees F whichever is less. d. The postcure hold period shall be a minimum of I hour. The duration of the hold period shall be engineered based upon laminate volume. Laminate volume calculations shall be made available for review by the Engineer along with the postcuring temperature charts specified above. e. The postcure temperature shall be ramped up to and down from the hold period temperature to avoid thermal shock to the laminates being cured. The postcure period, including ramping and holding time, shall be engineered based upon laminate volume plus laminated thermal properties. The calculations shall be made available for review by the Engineer along with the previously specified calculations. f. Postcure shall take place prior to final inspection. g. Any cracking that results from the postcure shall meet the minimum visual defect levels as specified for the inner surface plus interior and exterior layers of the laminates. h. The equipment must be properly supported to minimize dimensional changes, such as warping and shrinking that may result from the process. Dimensional changes are limited to the dimensional tolerances specified. i. All FRP covers and blinds shall be removed from the tanks during postcure however, all loose FRP accessories such as covers and blinds shall also be postcured. j. All shop repairs or rework shall be performed prior to postcure. D. Each tank shall be provided with the following accessories: 1. Four (4) tie down lugs made of316 stainless steel. Four (4) lifting channels made of316 stainless steel. 2. Nozzles shall be sized as follows: a. One 4-inch fill b. One 4-inch overflow with birdscreen. Overflow pipe shall extend inside the tank to below low liquid level to prevent release of off-gas. c. One 6-inch blower inlet d. One 6-inch blower outlet. e. One 4-inch hypochlorite outlet 6711-41957/1/24/2008 Boylon BeachlEast Plant OSG DesignISpecs\11515.doc 11515-17 C:\Documents and Settings\solanoic\My Documents\Projects\City of f. One 3-inch drain g. Other nozzles as shown on the drawings. Tank No.1 shall have an 4" extra nozzle for emergency tanker truck fill connection as shown on the drawings. 3. 24-inch top flanged manway. 4. 30-inch side flanged manway with cover, neoprene gasket, zinc plated fasteners. Each tank shall be equipped with one external aluminum access ladder. Returns and safety cages shall be provided. Ladders shall meet applicable OSHA standards. Ladders shall be provided with necessary assembly and mounting hardware mounts shall not penetrate tank wall. 5. Fiberglass encapsulated nameplate. 6. Site gauges shall be provided on each tank consisting of2-inch by %-inch reducing flanges, Schedule 80 %-inch clear PVC site tubes, two %-inch PVC isolation ball valves suitable for sodium hypochlorite service with vented ball and indicator strips marked in 100-gallonincrements. The site gauges shall be supported from the tank wall by integrally molded pipe brackets and shall extend from 6-feet above the tank base to 6-inches below the top of the tank sidewall. Support spacing shall be no greater than four feet. 7. Digital sodium hypochlorite level controller to consist of a pressure transmitter, solenoid valve and check valve. All level controls shall be operated and serviced at ground level. Top mounted valves and controls shall not be acceptable. The storage tanks' pressure transmitters shall each provide a 4 to 20 mA signal to the Sodium Hypochlorite Control Panel, for monitoring and control of the specific level conditions: a. One high for generator shut-off b. One low for generator start c. One high-high for high level alarm d. One low-low for low level alann Retransmit, from the Sodium Hypochlorite Control Panel, each tank's level 4 to 20 mA signal, to the plant control system local PLC panel. 8. All nozzles 4-inches in diameter and smaller shall be gusseted per ASME RTP. All nozzles shall be flanged. E. Test Procedures: The following test procedures shall be employed by the System Supplier or tank manufacturer to ascertain quality of tank construction: I. Hardness Test: The surface area of the tank shall be tested with a barcol impresser. Ten readings of a resin rich surface are taken with the two highest and two lowest eliminated. An average is taken of the remaining six readings, which must equal at least ninety percent of the resin manufacturer's recommendation. 2. The manufacturer must maintain a quality assurance department and furnish documentation that all equipment was properly inspected prior to shipment. F. Manufacturer: Provide tank and accessories in accordance with Section 0 I 0 15 Approved Materials. 6711-41957/1/24/2008 Boyton Beach\East Plant OSG DeslgnlSpecs\ 11515 doc I] 515-18 C:\Documents and Settings\solanoic\My Documents\ProJects\Clty of 2.05 SODIUM HYPOCHLORITE FEED HOSE PUMPS A. Not used. 2.06 ON-SITE SODIUM HYPOCHLORITE GENERATION CONTROL SYSTEM A. The manufacturer shall provide NEMA 4X 316 S.S. control panel for the entire hypochlorite generation system. Control panel shall include controls for the entire sodium hypochlorite generation system and include interface controls and instrumentation with the feed pump control panels and other associated equipment/systems specifIed herein and as shown on the drawings. Control panel shall include all controls and instrumentation as specified herein and as specified in Division 13 and information shown on the instrumentation drawings (by the OSHSS). Control panels shall be constructed in accordance with Section 16191. B. All controls and operation logic specified herein and as required for the system (OSHSS shall provide detail instrumentation loop diagrams) shall be programmed in the PLC. The PLC shall meet the requirements of Division 13. The OSHSS shall coordinate with Application Engineering Services (AES) and ISS for proper integration of system. C. The control panel shall display all relevant operating parameters and/or alarm conditions, D. The control panel cabinet will be UL 508 approved and house the Industrial PLC, UPS, hydrogen blower controls, and terminal strips to fully support the functions of generator operation, tank levels and metering pumps proportional control. E. The control system logic will function at the PLC level where operating parameters will be measured, corrected, scaled, reported and controlled. The PC will serve as the operator interface, data input screen, history log, communications hub and electronic chart recorder. F. The PLC shall be manufactured by Allen Bradley, Model Control Logix or Compact Logix, with Ethernet connection. It shall be connected to a Panelview Plus 1000 touch screen panel with RSview ME control interface software. All materials shall be in accordance with Section 01015 Approved Materials. Both graphics and PLC programs shall be turned over to the Construction Manager. OSHSS shall coordinate with Construction Manager and AES for proper integration of the system. The operator interface shall be an Allen Bradley Panelview Plus 1000 touch panel with the following features as a minimum: I. 10" TFT full color LCD resistive touch screen 2. 10/100 Base T Ethernet interface 3. RSView ME Control interface software, G. Refer to instrumentation loop drawings and specifications for remote control and monitoring interface requirements to the plant control system. As a minimum, provide the following dry contacts and control and monitoring signals, which will be hardwired between the Sodium Hypochlorite Control Panel and the plant control system PLC Control Panel: 1. Each metering pump run status (dry contacts, total of 3). 2. Each metering pump common alarm status (dry contacts, total of 3). 3. Metering pump pacing signals (4-20 mA, total of3). 6711-41957/1/24/2008 Boylon BaachlEast Plant OSG DasignlSpecsl11515.doc 11515-19 C:\Documents and Settings\solanoic\My Documents\Projects\City of 4. Generator common alarm (one dry contact). 5. Storage tanks levels (4-20 mA, total of2). H. The generator PLC and display will control and monitor all functions and operational parameters including, but not limited to, the following: ] . Cell safety devices 2. Rectifier control 3. DC amperage and voltage 4. Hypochlorite tank levels 5. Blower controls 6. Chlorine residual 7. Metering pump flow pacing and dosing 8. Alarm history 9. Salt usage log ] O. Maintenance log ] I . Security protection 1. Provide a common alarm dry contact for anyone of these alarm conditions listed to the Plant Control System Local PLC. 2.07 STAND PIPE (for Hydrogen Gas Removal/Venting) A. OSHSS will provide a 24-inch diameter FRP standpipe to contain 0.8% sodium hypochlorite (specific gravity 1.24 approximately). B. General Design Conditions: I. Normal Temperature: Ambient at 30 degrees to 110 degrees Fahrenheit, outdoor installation. 2. Normal Internal Load: Hydrostatic 3. External Loads: Appurtenances as shown and specified herein. Wind load per ASCE-7-2002 Wind Velocity 100 mph Building Category 11 Exposure C 4. Standpipe shall be filament wound and designed and fabricated conforming to the appropriate ASTM specification D4097-0 I for sodium hypochlorite service. C. Materials of Construction: I. Fiberglass reinforced thermoset resin shall be commercial grade premium corrosion resistant vinyl ester that has been evaluated in a laminate by test in accordance with and complying with ASTM C581. D. Detail of Construction: I. Four (4) tie-down lugs made of zinc plate steel. OSHSS shall provide signed and sealed tie-down system calculations and details with Shop Drawings. Guy wires and associated 6711-41957/1/24/2008 Boy ton Beach\Easl Plant OSG Deslgn\Specs\11515.doc 115] 5-20 C\Documents and Settings\solanOlc\My Oocuments\ProJects\Clty of structural support shall be designed by the OSHSS and installed by the Mechanical Subcontractor if required. 2. The standpipe shall be furnished with flanged 4-inch diameter inlet connection. Inlet connection shall be located as shown on the Drawings. 3. The standpipe shall be furnished with flanged 4-inch diameter outlet connection. Outlet connection shall be located as shown on the Drawings. 4. The standpipe shall be furnished with two (2) flanged 12-inch diameter top vent connections as shown on the Drawings. The inlet duct shall have a flow switch. The outlet duct shall have bird screen at the end and discharge hydrogen laden gas freely to atmosphere. 5. All tank flange gaskets shall be Viton. 6. OSHSS shall follow standpipe manufacturer recommendation for piping connections. E. Identification I. Permanently attach FRP label containing the following minimum information: a. Chemical to be stored. b. Type of liner reinforcement. c. Resin. d. Manufacturer and date of manufacture. 2.08 BLOWERS, CENTRIFUGAL A. Operating Conditions: Centrifugal blowers shall conform to the following operating conditions: Location Service Capacity at 14.7 psi a and 68 degrees F (cfm) Inlet temperature (degrees F) max Inlet temperature (degrees F) min Suction pressure Blower speed, max (rpm) Motor size, max (hp) Motor speed, max (rpm) Suction pipe size (in) Discharge pipe size (in) Flange rating (psi) Discharge Pressure (max) (in W.C.) Number of Blowers Location Service Capacity at 14.7 psia and 68 degrees F (cfm) Inlet temperature (degrees F) max Inlet temperature (degrees F) min Suction pressure 6711-41957/1/24/2008 Boyton BeaelllEast Plant OSG DesignlSpecsl11515.doc Containment Area 10-inch standpipe - Air with Hydrogen Gas - 500 - 110 - 20 - atm - 4800 - 5 - 4800 - 8" - 6" - 150 - 5 - 2 (1 Duty/l Standby) Storage Tanks - Air with Hydrogen Gas - 100 - 110 - 20 - atm 11515-21 C,IDocumenls and SettingslsolanoiclMy DocumentslProjectslCity of Blower speed, max (rpm) Motor size, max (hp) Motor speed, max (rpm) Suction pipe size (in) Discharge pipe size (in) Flange rating (psi) Discharge Pressure (max) (in W.e.) Number of Blowers - 4800 - 1/3 - 4800 - 6" - 3" - 150 - 5 - 4 B. Equipment Requirements: Centrifugal blowers shall be single-stage type, suitable for continuous operation 24 hours per day. e. All blowers shall be based upon data previously established by tests in accordance with latest edition of the ANSI/ASME Performance Test Code for Centrifugal Compressors. D. Driver: The driver shall be an electric heavy TEFC duty high efficiency motor with adjustable V-belt drive, 1800 rpm, in accordance with Section 16150 - Electric Motors, suitable for 460- volt, 3-phase, 60-hz. E. Accessories: Each blower shall be furnished with the following minimum accessory items: ] . Suitable, flanged, reinforced, flexible connections shall fit PVC pipe for both inlet and outlet. 2. Lever operated wafer-type damper for outlet. 3. Dry type inlet air filter silencer for 120 percent of design volume. Filter elements shall be cleanable and replaceable. 4. Weather cover/belt guard constructed of steel and easily removable. 5. Heavy-duty, restrained, spring type vibration isolators to manufacturer's best recommendation. 6. Each blower shall have its own local control panel complete main breaker and motor starter sized for the horsepower of the blower. Refer to specification 16191 for additional requirements. F. Equipment Construction: Construction of blowers shall be as follows: Housing Wheel FRP with stainless steel bolts and Neoprene Gaskets, threaded drum with plug. Radial blade shell of solid, corrosion Resistant FRP. Shaft, Balanced Bearings Heavy, ground steel shaft with FRP sleeve outboard mounted anti-friction, L-IO life of 100,000 hours. Common steel or cast-iron base. Flexible coupling with guard. Heavy-duty spring type vibration isolators With galvanized anchor bolts. Grease lubrication. Baseplate Coupling Mountings Lubrication G. Manufacturers, or Equal 6711-41957/1/24/2008 Boy ton Beach\East Plant OSG Design\Specs\11515 doc ] 15] 5-22 C:\Documents and Settings\solanolc\My Oocuments\ProJects\City of 1. Spencer; 2. Lamson (Diebold, Inc.); 3. New York Blower PART 3 EXECUTION 3.01 INSTALLATION (BY MECHANICAL SUBCONTRACTOR) A. Installation of the generator, metering pumps, tanks and appurtenances shall be in accordance with the Drawings and with the system manufacturer's instructions and recommendations. Conflicts of information shall be called to the attention of the Construction Manager. B. All equipment units or assemblies shall be installed on concrete bases and secured with anchor bolts (furnished by the Mechanical Subcontractor) in accordance with the manufacturer's recommendations and as shown. The concrete bases shall be poured up to I-inch below the metal bases, legs or soleplates. Concrete work and grout are in Division 3. Equipment legs or baseplates shall be accurately shimmed to grade and the spaces between filled with an approved non-shrink grout. After the grout has reached its initial set, exposed edges shall be cut back and the edges neatly finished with I to 2 cement mortar. Where channel baseplates are used, the void inside the channel shall be filled with non-shrink mortar and the open ends plastered with I to 2 cement mortar. C. Inspect all concrete pads for proper elevation, dimensions, cutouts, evenness and anchor bolt locations and correct if necessary. D. Provide a drain for each piece of equipment, according to the manufacturer's instructions. E. Installation shall include furnishing and applying an initial supply of lubricants, recommended by the manufacturer. F. Support piping independent of equipment. Equipment shall be free from all loads and stresses induced by the piping. G. All equipment including motors, belts and drives shall be aligned to the best industrial standards. Field check and adjust all equipment alignments in the presence of the Engineer. H. Inspect all equipment prior to installation, if damaged; notify the Construction Manager and manufacturer promptly. Do not install damaged equipment until repairs are made in accordance with manufacturer's written instruction and approval by the Construction Manager. I. Tie-down lugs for tanks shall be grouted or shimmed to prevent excessive loads being transferred to the tank shell. J. Make all electrical connections in conformance with the requirements of Division 16, Electrical. 3.02 START-UP AND PERFORMANCE WARRANTY TESTS 6711-41957/1/24/2008 Boyton BaechlEest Plent OSG DasignlSpacsl11515 doc 11515-23 C:\Documents and Settings\solanoic\My Documents\Projec1s\City 01 A. Mechanical Subcontractor and OSHSS shaIl verify that structures, equipment, pumps and motors are compatible for an efficient system. B. Mechanical Subcontractor and OSHSS shaIl make equipment adjustments required to place system in proper operating condition. C. Test the sodium hypochlorite feed system for proper operation in the presence of the Owner and Construction Manager and for the performance guarantees as described in paragraph 1.05 above. AIl testing costs incurred by the OSHSS shaIl be at his expense. D. OSHSS shall furnish all testing equipment, special instruments and devices required for performance testing. E. If the sodium hypochlorite feed system fails to meet any of the specified performance requirements, OSHSS shaIl modify and/or replace defective equipment until it meets specified requirements. Re-test system to verify satisfactory operation. F. Demonstrate the accuracy of each metering pump usingjob supplied calibration column. G. After instaIlation of storage tanks is complete but before piping connections are made, block all outlets and fill each tank with water to again check for leaks. No leakage wiIl be permitted. Drain water and clean outside of tanks and nozzles with detergent and rinse with 120 degrees F water. H. Sodium hypochlorite generation system manufacturer's field services by system supplier: I . Retain, for a period of not less than three (3) days, factory trained representatives of the manufacturer of each component with demonstrated ability and experience in the instaIlation and operation of the equipment to perform the services listed below: a. Inspect the completed instaIlation and prepare an inspection report. b. Test, calibrate and adjust all components for optimum performance. c. Assist in initial start-up and field testing. d. Instruct Owner's personnel in the operation and user maintenance of all components. Conduct a training seminar at the site. e. Supervise the correction of any defective or faulty work before and after acceptance by the Owner and Construction Manager. 1. Metering pump manufacturer's field services by system supplier: I. Retain, for a period of not less than one (I) day, factory trained representatives of each metering pump manufacturer with demonstrated ability and experience in the instaIlation and operation of the metering pumps to perform the services listed below: a. Inspect the completed installation and prepare an inspection report. b. Test, calibrate and adjust all components for optimum performance. c. Assist in initial start-up and field testing. d. Instruct Owner's personnel in the operation and user maintenance of all components. 671 1-4 I 957/I/24/2008 Boy ton Beach\East Plant OSG Design\Specs\11515.doc ] 1515-24 C:\Documents and Settings\solanoic\My Documents\ProJects\Clty of e. Supervise the correction of any defective or faulty work before and after acceptance by Owner. END OF SECTION 6711-41957/1/24/2008 Boyton BeachlEast Plant OSG DesignlSpecsl1151 5.doc 11515-25 C:\Documents and Settings\solanoic\My Documents\Projects\City of VI.-CONSENT AGENDA 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 0 December 18, 2007 December 3, 2007 (Noon) 0 February] 9, 2008 February 4, 2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 3],2007 (Noon) ~ March 18, 2008 March 3, 2008 (Noon) 0 February 5, 2008 January 14,2008 (Noon) o April I, 2008 March] 7, 2008 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business :~) a '::":;-1 AGENDA ITEM ~ Consent Agenda 0 Legal CO :::; -< :z -<0 0 0 :0- Code Compliance & Legal Settlements Unfinished Business ::;0 :.") ..,., 0 0 I --c:::: Public Hearing ,,; .--, U1 '~, -" RECOMMENDA TION: To approve agreement with CGl Communications to produce a promotional video for ii Ciiy?g website at no charge. w 2~ z .. ..,.,c:o o -iT1 EXPLANATION: CGI Communications, Inc. of Rochester, N.Y., has teamed with the U.S. Conference of Maym;, to ~ cities the opportunity to develop a website welcome message/promotional video at no charge to the city. The cost of the v~o is underwritten by sponsor advertisers that CGl will be solely responsible for soliciting. CGI does request a letter of introduction from the City to facilitate their solicitation (draft attached). The company has agreed not to solicit businesses with which the City and/or the CRA already has an existing relationship, or is cultivating. CGl will produce a website welcome video and up to six additional videos to showcase various aspects of the City. To accomplish this, they will provide script writing and video content consultation; all aspects of production; and a final draft of the content for the City's approval. CGl's e-LocalLink division will be responsible for annual sponsorship fulfillment, including marketing, production, printing and distribution. The City will assume no cost or liability for this project. In addition to the letter of introduction, the City will assist CGl with the content and script and agrees to give e-LocalLink the right to use the City's name in connection with the preparation, production and marketing of the program. PROGRAM IMPACT: This project will provide heightened visibility on the Internet for the City and assist with economic development. FISCAL IMPACT: None AL TERNA TIVES: Not approve agreement. le~ cJ~n.b /?~ ~~ . Departme t Hea Signat~e City Manager's Signatttre Assistant to City Manager Cn1L Public Affairs ~ Department Name City Attorney / Finance SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC 1 2 RESOLUTION NO. R08- 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE AN AGREEMENT WITH CGI 8 COMMUNICA TIONS, INC., TO PRODUCE A 9 PROMOTIONAL VIDEO FOR THE CITY'S WEBSITE 10 A T NOT CHARGE; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, COI Communications, Inc., of Rochester, New York, has teamed up 14 with the U.S. Conference of Mayors to offer cities the opportunity to develop a website 15 welcome message/promotional video at no charge to the City; and 16 WHEREAS, the cost of the video is underwritten by sponsor advertisers that COl 17 will be solely responsible for soliciting; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of 20 Boynton Beach to authorize execution of an Agreement between the City of Boynton Beach 21 and COI Communications, Inc., at no cost to the City. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the City Manager and City Clerk to execute an Agreement 29 between the City of Boynton Beach and COI Communications, Inc.. to produce a S:ICAIRESOlAgreements\CGI video.doc 1 promotional video for the City's web site at no cost to the City, a copy of which is attached 2 hereto as Exhibit "A", and incorporated herein by reference. 3 Section 3. That this Resolution shall take effect immediately upon passage. 4 5 PASSED AND ADOPTED this _ day of March, 2008. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 Janet M. Prainito, City Clerk 27 28 29 30 (Corporate Seal) 31 32 S:\CA\RESO\Agreements\CGI video. doc AGREEMENT THIS AGREEMENT, dated the day of , 2008, is by and between CITY OF BOYNTON BEACH, a municipal corporation, organized and operating pursuant to the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter referred to as "CITY", and CGI COMMUNICATIONS, INC., with an address of 130 E. Main Street, 8th Floor, Rochester, New York 14604, hereinafter referred to as "CONTRACTOR." CITY and ARTIST may hereinafter collectively be referred to as the "Parties." WITNESSETH: In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR agree as follows: WHEREAS, CONTRACTOR has teamed with the U.S. Conference of Mayors to offer cities the opportunity to develop a website welcome message and promotional video at no charge to the CITY; and WHEREAS, CONTRACTOR possesses specific skills, talent, expertise, experience and knowledge to provide the CITY with the services relating to the creation of a welcome message and promotional video for the CITY's website; and WHEREAS, CITY desires to commission the CONTRACTOR to obtain a website welcome message and promotional video from CONTRACTOR; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the Parties hereto as follows: ARTICLE 1 1.1. RECIT ALS: Each "whereas" clause set forth above is true and correct and herein incorporated by this reference. ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1. CONTRACTOR hereby agrees to create a website welcome message and promotional video for the CITY at no charge to the CITY and as further discussed in the Exhibit "A" attached hereto. 2.2. CONTRACTOR shall furnish all services and labor necessary and as may be required in the performance of this Agreement. 7 " CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon _.j. these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the professional expertise, talent, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. Pagelof6 2.4. CONTRACTOR certifies, to its knowledge, that all work performed pursuant to this agreement, is an original creation and does not infringe upon or violate any copyrights or other rights of any person, firm or organization. 2.5. CONTRACTOR acknowledges that all costs associated with the performance of this Agreement will be assumed by sponsor advertisers and the CONTRACTOR is solely responsible for soliciting such advertisers. 2.6. CONTRACTOR agrees not to solicit businesses as advertisers with which the CITY or the City of Boynton Beach Community Redevelopment Agency has a relationship, existing or potential. ARTICLE 3 SCOPE OF SERVICES CONTRACTOR shall perform the following services in accordance with this Agreement with CITY as follows: 3.1. All work performed under this Agreement shall be done in a professional manner. 3.2 CONTRACTOR shall perform and provide services as set forth in Exhibit "A", attached hereto. ARTICLE 4 TERM AND TERMINATION 4.1. This Agreement shall be for a period of three (3) years commencing on the date the Agreement is executed by the City. The parties may renew the Agreement for two (2) additional two-year terms through the execution of a written Amendment to the Agreement signed by both parties. 4.2. This Agreement may be terminated by CITY for cause or convenience, upon thirty (30) days written notice by CITY to CONTRACTOR. Should the CONTRACTOR abandon this Agreement or cause it to be terminated, CONTRACTOR shall indemnify CITY against any loss pertaining to this termination. 4.3. All documents and plans belonging to CITY will be furnished to CITY upon completion and/or termination of the Agreement, whichever occurs first. 4.4. CITY's rights to exhibit, publish, broadcast, advertise and otherwise use the website message/promotional video shall survive the termination of this Agreement. ARTICLE 5 COMPENSATION 5.1. CONTRACTOR agrees to donate its labor, work, knowledge, expertise and time in the creation for performance of all services under this Agreement. CONTRACTOR agrees to waive all compensation and costs for the performance of services under this Agreement. 5.2. The CITY shall not be responsible for any compensation and/or payments to the CONTRACTOR. Page 2 of6 5.3. CONTRACTOR agrees that the CITY will not be responsible for any adverse financial implications to the CONTRACTOR, including those pursuant to the provisions of the Internal Revenue Code, which may be incurred by the CONTRACTOR as a result of the donation described in Section 5.1 above or created by the completion of this Agreement. ARTICLE 6 CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK CITY or CONTRACTOR may request changes that would increase, decrease or otherwise modify the Scope of Services to be provided under this Agreement. Such changes or additional services must be in accordance with the provisions of the CITY's Code of Ordinances and must be contained in a written amendment, executed by the Parties hereto, with the same formality and with equal dignity herewith prior to any deviation from the term or scope of this Agreement, including the initiation of any additional or extra work. In no event will CONTRACTOR be compensated for any work which has not been described in a separate \vritten agreement executed by the Parties hereto. ARTICLE 7 MISCELLANEOUS 7.1. Insurance. Professional liability insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, the CONTRACTOR shall require the sub-Contractors similarly to provided. A. CONTRACTOR shall secure and maintain in force, throughout the duration of this contract, professional liability insurance with a minimum coverage of $1,000,000. (all professional contract services). B. Said general liability policy shall name the City of Boynton Beach as an additional insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. C. CONTRACTOR shall furnish the City with a certificate of insurance after award has been made prior to the start of any work for the City. Said insurance companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best's Key Rating Guide, latest edition. D. Reference Insurance Advisory Form for additional types of insurance and limits required. The City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk. If CONTRACTOR claims to be exempt from this requirement, CONTRACTOR shall provide CITY proof of such exemption along with a written request for CITY to exempt CONTRACTOR, written on CONTRACTOR's letterhead. 7.2. Independent Contractor. This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the CONTRACTOR is an independent contractor under this Agreement and not the CITY's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and Page 3 of 6 overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, State, or United States policies, rules or regulations relating to the use of CONTRACTOR's funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums. 7.3. Assignments. 7.3.1. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the prior written consent of CITY. However, this Agreement shall run to the CITY and its successors and assigns. 7.3.2. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.4. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and that places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone No. (561) 742-6010 Facsimile No. (561) 742-6011 Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 CONTRACTOR: CGI Communications. Inc. 130 East Main Street, '8th Floor Rochester, NY 14604 Page 4 of6 Telephone No. (800) 398-3029 7.5. Binding Authority. Each person sIgnIng this Agreement on behalf of either party individually warrants that he or she has the full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 7.6. Headings. Headings herein are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 7.7. Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those to which it shall have been held invalid or unenforceable shall not be affected thereby. and shall continue in full force and effect. and be enforced to the fullest extent permitted by law. 7.8. Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 7.9. Attorney's Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and costs. 7.10. Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 7.11. Equal Employment Opportunity. In the performance of this Agreement. the CONTRACTOR shall not discriminate against any firm, employee or applicant for employment or any other firm or individual in providing services because of sex, age, race, color, religion, ancestry or national origin. 7.! 2. Waiver. Any failure by CONTRACTOR to require strict compliance with any provision of this contract shall not be construed as a waiver of such provision, and CONTRACTOR may subsequently require strict compliance at any time, notwithstanding any prior failure to do so. 7.13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Page 5 of6 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH, FLORIDA BY: JANET PRAINITO, CITY CLERK KURT BRESSNER, CITY MANAGER APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY CGI COMMUNICATIONS. INC. WITNESSES: BY: Print Name: Title: STATE OF FLORIDA : : ss: COUNTY OF : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as of , who is personally known to me or who has produced as identification, and acknowledged executing the foregoing Agreement as the proper official of for the use and purposes mentioned therein and that the instrument is the act and deed of IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of ,2008. (Signature of Notary Public - State of Florida) (Print, Type or Stamp Commission Name of Notary Public) Page 6 of6 Community Movie Tour Book Agreement Name: Lori Laverriere CGI Communications, Inc. Title: Assistant City Manager --_.._-_.._---~-~ 130 East Main Street, 8th Floor Address: 100 E. Boynton Beach Boulevard Rochester, NY 14604 P.O. Box 310 (800) 398-3029 phone City, State, Zip: Boynton Beach, FL 33435-0310 (585) 427-0075 fax Phone: 561-742-6019 Emai/: BressnerK@ci.boynton-beach.f1.us _._-~-- Website: http://www.boynton-beach.org/ This agreement is between CGI Communications, Inc. and the City of Boynton Beach and shall remain in effect from the date it is signed by both parties until the third anniversary of the date that the completed and approved Community Movie Showcase is made available for viewing via a link on the http://www.bovnton-beach.oral web site homepage for viewer access. The term of this agreement shall automatically renew unless either party gives 60 days written notice of termination or modification prior to expiration. CGI Communications, Inc. and its e-LocalLink division shall provide a Community Movie Showcase as follows: . Website Welcome video from your Mayor or other civic leader and an Education, Quality of Life, and Real Estate/Relocation Video (approx. 1 minute in duration) . Up to 6 additional videos to showcase various aspects of your community and/or organization (providing a total of ten 1 minute community highlight videos) . Script writing and video content consultation . A videographer will come to your location to film videos . All aspects of video production and editing, from raw footage to final video including professional voiceovers and background musIc . Final draft of Community Movie Showcase content subject to your approval . Patent-pending OneClickC Technology and encoding of all videos into multiple streaming digital formats to play on all computer systems, browsers, and Internet connection speeds; recognized player formats include WindowsMediac and QuickTime . Store and stream all videos on CGI's dedicated server . Business sponsors allowed on the perimeter of video panels . Duration of sponsor participation will be one year and e-LocalLink is solely responsible for annual sponsorship fulfillment including all related aspects of marketing, production, printing, and distribution . Viewer access of the Community Movie Showcase from your website shall be facilitated by e-LocalLink providing HTML source code for graphic link to be prominently displayed on the http://www.bovnton-beach.org/website homepage as follows: "Coming Soon" graphic link designed to coordinate with existing website color theme to be provided within 10 business days of execution of this agreement; "Video Tour Book" graphic link to be provided to replace the "Coming Soon" link upon completion and approval of videos . e-LocalLink will own copyrights of the master Community Movie Showcase . The City of Boynton Beach will assume no cost or liability for this project Program Add-On if signed and received by February 22, 2008: . Encoding, hosting, and streaming of additional 5 minutes of video per month. Finished video content will be provided to CGI by the City of Boynton Beach, FL The City of Boynton Beach, FL shall provide the following: . A letter of introduction for the program on your organization's letterhead . Assist with the content and script for the Community Movie Showcase . Agrees to give e-LocalLink the right to use organization's name in connection with the preparation. production, and marketing of the program set forth herein only . Agrees to display the "Coming Soon" graphic link prominently on the http://www.bovnton-beach.orq/ website homepage within 10 business days of receipt of HTML source code . Agrees to display the "Video Tour Book" link to be no less than 150 by 400 pixels prominently on the http://www.bovnton- beach.orq/ website homepage for the term of this agreement . Provides e-LocalLink exclusive streaming video rights for the program described herein only We, the undersigned, understand the above information and have full authority to sign this agreement. The City of Boynton Beach, FL CGI Communications, Inc. '--111-~ ~ K~ Signature: Signature: Name (printed): Name (printed): Nicole Rongo Title: Title: Marketing Manager Date: Date February 21. 2008 --,----~.~--- February 21, 2008 Dear Boynton Beach Business Owner: The City of Boynton Beach was recently introduced to an exciting new technology that is sure to have a tremendous, positive impact for promoting the public and the private assets of our wonderful community. We have accepted the services for, and will participate in, a three-year promotional campaign conducted by CGl Communications, Inc. (www.cgicommunications.com). e-LocaILink, a division of CGI, wiJl produce a series of on-line videos to showcase the assets and attributes that the City of Boynton Beach has to offer to its residents, its visitors, and its business community. These videos will be accessible for viewing via the City's website ( http://www.boynton-beach.org/). As you know, the City of Boynton Beach is dedicated to making our community a great place to live, work, shop and conduct business. This project will highlight the advantages of living in and doing business here. A representative of e-LocalLink will be contacting you with an offer for your participation. We encourage you to consider supporting this program, which we feel is truly a win-win for aJl involved. Sincerely, Name Title 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 in Meetinl! Dates in to City Clerk's Office Meetinl! Dates to City Clerk's Office D December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4,2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) D March 4,2008 February 19,2008 (Noon) D January 15, 2008 December 31,2007 (Noon) I:ZI March 18, 2008 March 3,2008 (Noon) D February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report 'J NATURE OF 0 Administrative 0 New Business 0 r;:=i co --< AGENDA ITEM 0 Consent Agemla 0 Legal -" -I rrt -< a o Code Compliance & Legal Settlements 0 Unfinished Business CO p -" o Public Hearing 0 ~ i;; gg ...-... -< ::T.:c ~ u.j -4 :JC: a _ 0-- C -"...... RECOMMENDATION .: 2]~ A motion to approve and authorize an agreement with GHD Consulting, to execute Task Order No. U08-1, Utili~ ~~ Department Asset Management Program, in the amount of $23,760. GHD will assist the Utilities Department in developiDg a road map for implementing an Asset Management Program in a cost effective manner. EXPLANATION An Asset Management Program (AMP) is an integrated collection of information systems, advanced operating management techniques and best available technologies to effectively maintain and renew the Utilities Infrastructure. AMP enables Utilities to balance the use and exploitation of the infrastructure with renewal and replacement. The goal of the Utilities AMP program is to extend and maximize the useful life of the Utilities infrastructure, at the lowest possible cost. The typical industry approach to implementing AMP is cost prohibitive. The path taken by the Utilities trades the costly consultant-driven approach with one that involves greater participation of Utilities and City staff. GHD Consulting will work with the Utilities to develop an AMP road map that is tailored to meet the specific needs of Boynton Beach. Utilities staff will employ the road map as a plan to implement the AMP internally with only an oversight and cursory involvement of the consultant. PROGRAM IMPACT The AMP program will link the functional areas of the Utilities and enable it to realize significant cost savings in asset utilization. It will allow the City's governing body and key stakeholders to have better assess to the Utilities planning, operations, and activities. It will position the Utilities to employ state of the art programs and more effectively address its future goals and challenges. FISCAL IMPACT The impact is $23,760, and funds are available in Utilities' account numbers 403-5000-590-96-10 WTR 135, 403-5000- 590-96-04 SWR 116, and 5000-590-96-07 STM 034. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES Continue to employ traditional, conventional and short-sighted approach to managing the Utilities assets without the full benefit and inte .00 Of~~~0~mtiog=2;ti~s. ~=al;VC ~=oocl skills. 4 Kofi Boateng, P . E Kurt Bressner. Utilities Director City Manager Utilities Department ~ Department Name Carisse Lejeune, Assistant to City Manager ~ ~ A . Ity ttomey / Fmance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,I! II 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 AUTHORIZING THE CITY MANAGER TO EXECUTE 6 TASK ORDER NO. U08-1 IN THE AMOUNT OF 7 $23,760.00 WITH GHD CONSULTING TO ASSIST THE 8 UTILITIES DEPARTMENT IN DEVELOPING A ROAD 9 MAP FOR IMPLEMENTING AN ASSET 10 MANAGEMENT PROGRAM; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, an Asset Management Program is an integrated collection of 15 information systems, advanced operating management techniques and best available 16 technologies that will be required to effectively maintain and renew the Utilities 17 infrastructure; and 18 WHEREAS, The program will enable the Utilities to balance the use and 19 exploitation of the infrastructure with renewal and replacement efforts; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to authorize execution of Task Order U08-1 in the amount of $23,760.00 23 with GHD Consulting. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does S\CA\RESOlAgreementsITask - Change Orders\GHD U08-1 AMP doc 1 1 hereby authorize and direct the approval and execution by the City Manager of Task Order 2 U08-1 in the amount of $23,760.00 with GHD Consulting for assistance in developing a road map for implementing an Asset Management Program in a cost effective manner. a 41 copy of which is attached hereto as Exhibit "A". 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this ~_ day of March, 2008. 7 8 CITY OF BOYNTON BEACH. FLORIDA 9 10 11 Mayor - Jerry Taylor 12 13 14 Vice Mayor - Jose Rodriguez 15 16 17 Commissioner - Ronald Weiland 18 19 20 Commissioner - Woodrow L. Hay 21 22 23 Commissioner - Marlene Ross 24 ATTEST: 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) 32 SICA\RESOlAgreements\Task - Change OrderslGHD U08-1 AMP doc 2 MEMORANDUM TO: Kofi Boateng DATE: February 11, 2008 Utilities Director ~ FROM: Carol Doppler, CPPB ~ SUBJECT: Consultant Services Request Purchasing Agent I reviewed your request for a purchase order to GHD Consulting, Inc. This is an item that needs a resolution for the execution of the contract therefore, Commission approval will be required. Please prepare the agenda request form for Finance/Procurement Review and signature. If I can be assistance please let me know. Thank you. R~I""'-f"'9' ELf!"""- ""'i-" . -' "eLl' ....."~.~il,.,E'lf', FEB 1 2 2008 BOYNTON BEACH CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 1/30/2008 Requesting Department: Utilities Contact Person: Kofi Boateng Explanation for Purchase: Consulting Services for on-site training and asset management evaluation for the Utilities Department I Recommended Vendor l1JD) l>>~7IJLll'N!q I~(. I I I Dollar Amount of Purchase 23,7h(), (X) I I Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other ~ Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Utilities Reserve Fund - Accl. nos. 403 -5000- 590-96-10 water (WTR 135); 403-5000-590-96-04 sewer (SWR 116); 403 5000-590-96-07 stormwater STM 034 '\. Approvals: \~ ~:--~~ t(:Z( ( "8 Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date ! i Form Revised 02/01/02 REQUEST FOR REQUISITION r B.T.E. ENTRY DATE: , ~ I'O~ ..T.E. REQUISITION # 1-15 J7 ( Clerk: Procurement Ass't: Director: ~ City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Consulting services for on-site training and asset management evaluation for the Utilities Department VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name GHD Consulting Inc. Admin. (x) Date: 1-29-08 ASAP ( x ) Address: Construction ( ) Date Needed: Confirm. ( ) Suite 215M 222 South Church Street Cust. ReI. ( ) ASAP/Conf. ( ) Charlotte, NC 28202 Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: "'lhone (contact): Wayne Francisco Water Qual. ( ) QuotesNerbal ( ) E. Admin. 40 (x) (over $500) 704-342-4910 Pumping ( ) Quotes/Written ( ) E.WTP 41 ( ) (over $2000) Vendor Number PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( ) Meter Servo ( ) Sole Source Ltr. ( ) P/U 99 ( ) INITIATOR: Kofi Boateng, PE Sewage ( ) Insurance ( ) Special Instructions: ~- Requirements: APPR~ j ~~-r Strmwtr. ( ) Project Number: WTR135, SWR116, STM034 \ .::::=.- Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 23,760 $1.00 Consultant Fees Utilities Department Asset 403 5000 590 96 10 7,920.00 Management Improvement Program 403 5000 590 96 04 7,920.00 403 5000 590 96 07 7,920.00 T~l. -'3 7'l> C'I3 I AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES Asset Management Improvement Program Roadmap THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and GHD Consulting Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the Director of Utilities, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting services. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1) REPRESENT A nONS: The representations set forth in foregoing whereas clauses are true and correct. 2) PROJECT DESIGNATION. The Consultant is retained by the City to perform general consulting services under contract with the City whereby the Consultant, on a non-exclusive basis, under the terms of this agreement, upon written request by the City, will provide professional services to the City for: a Developing an Asset Management Improvement Program Roadmap to assist the City in developing a comprehensive Asset Management Program 3). TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 4.) PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "A" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. CA-I c. Final payment of any balance due the Consultant will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made if executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents to the City that it is competent to engage in the scope( s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professionals practicing under similar conditions. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICA TION. Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal InJury; and $1,000,000 per occurrence/aggregate for property damage; and, professional liability insurance in the amount of $1,000,000 per occurrence/aggregate. The general liability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon CA-2 thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deduction federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. CONVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant. any fee, commission, percentage, brokerage fee, gifts, or ay other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee. gift, or contingent fee. DISCRIMINA TION PROHBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON- WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. TERMINATION. a. The City reserves the right to tenninate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) written notice to the City. CA-J DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida law. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Attn: Kofi Boateng, Director of Utilities Notices to Consultant shall be sent to the following address: GHD Consulting Inc. 222 South Church Street - Suite 215M Charlotte, NC 28202 Attn. Wayne Francisco, Service Group Manager INTEGRA TED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. CA-4 DATED this 14--{L.. day of Ja",,~~~ ' 20 t'O. CITY OF BOYNTON BEACH GHD CONSULTING INe. - --- Kurt Bressner, City Manager Wayne Franci 0, Service Group Manager Attest! Authenticated: (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary CA-5 EXHIBIT "A" Scope( s) of Services and Labor Rates CA-6 ~ CL!ENTS PEOPLE PERFORMAI',CE ... ' ~ ..... 02 January 2008 City of Boynton Beach Our ref: 86/09027/15/27 124 E. Woolbright Road Your ref: Boynton Beach, FL 33435 Attn: Peter V. Mazzella, Deputy Director of Utilities Dear Peter Utility Department Asset Management Improvement Program Task Order #~ c.OC& ./ BACKGROUND Boynton Beach's Utility Department [Department] requires the generation of an asset management improvement program roadmap towards achieving the vision of the Department as a world class utility. An effective asset management program is a fundamental building block for achieving such status. and is best developed by: . Identifying and selecting a set of best appropriate asset management practices that fit the Department's needs; . Developing a strategic level work plan for deploying the selected practices; and, . Training for core senior staff in the fundamental concepts, logic, philosophy and principles of asset management. The preferred approach is to focus upon building the capacity of the Department's staff to apply the principles and practices of asset management as specifically relevant to the Department's unique operating environment. The preferred role for the Consultant is therefore one of program advisor, introducing best practices to the Department; facilitating the adaptation of those practices to the Department's management team, organizational culture, and business processes; and training / coaching / mentoring all levels of the Department in the practical application of the agreed upon practices. SCOPE OF SERVICES Task 1: Review Current AM Practice Status Consultant will review relevant materials from the Department that describe the Department's current asset management practices. The Department will gather and transmit in a timely manner to Consultant all materials it deems relevant. Interviews will be held with key staff from the Department to develop an understanding of those existing AM program elements for which documentation may not be available GHD Consulting Inc. -.. T: 1 F E ..... Incorporated in our review of the material provided, and in the gap analysis in Task 2, will be a strategic-level assessment of the Department's use of the HTE product in the context of understanding the nature and functionality of the Department's current asset management practices against best practices developed in Consultant's gap analysis tool. Task 2: Execute a Strategic-Level Gap Analysis Consultant has developed and refined over a 15 year period a Gap Analysis tool that assists an agency in determining which best asset management practices are most appropriate to the agency, given its current practices. This tool is built around a grouping of 163 best practice quality elements into seven primary value chain elements. The value-chain elements include: ~ Practices and procedures ~ Information systems ~ Data and knowledge about assets ~ People issues ~ Organization/organizational structure ~ Commercial tactics ~ Asset planning Experience indicates that the most cost-effective transition to a more asset-centric organizational culture is one built around a careful balancing of efforts in each of these value chain quality elements. Consultant will interview appropriate Department staff members over a two-day period using a structured interview process and instrument. These interviews will benchmark where the Department's current asset management practices are relative to a set of best practices developed in Consultant's gap analysis tool. We will facilitate mapping those practices that will likely give the Department the most return on its investment, considering the costs and efforts required to implement or modify the various practices. The results of the interviews will be organized, then presented in a day-long work session to you and staff selected by you. In this work session, Consultant will: 1. Present its assessment of current status; 2. Facilitate consensus about that status, including the comparison with other like organizations from our benchmarking database; and, 3. Facilitate identification of areas requiring strategic focus. Task 3: Develop a Strategic-level Work Plan Using the material developed during the site-visit trip, Consultant will prepare a recommended strategic level Work Plan that maps out major tasks and event dates to develop and deploy the practice areas identified in 86/09027/15/27 2 b ~ ~ .... Task 2 as most critical to the agency over the next 12 to 24 months. Longer-term strategic level planning issues will also be identified in the Work Plan. Task 4: Train Consultant will provide up to 6 hours of formal on-site training in advanced asset management. Topics for special focus will be developed in conjunction with the Department management, drawing upon input from the structured interviews. Consultant will present a draft agenda to the Department for consideration. The Department will provide a training site and will determine attendees. Task 5: Present Recommendations and Document Effort Consultant will present its recommendations in the form of a concise Management Letter to you. The letter will outline the purpose of and approach to the project, will concisely outline findings of the Gap Analysis, and will present the recommended strategic Work Plan. All presentation training materials will be attached for archival purposes. Consultant will submit ten (10) copies of the Management Letter. CONTRACT REFERENCE Consultant Agreement between the City of Boynton Beach and GHD Consulting Inc., dated {)(J(lfJl,cof , f ADDITIONAL SERVICES Anything that may be needed and can or may be assigned by an amendment/change to the Task Order. OBLIGATIONS OF THE CITY Documentation required is described in Task 1. Tasks 2 and 4 will require Department staff be made available. COMPENSATION To reduce administrative costs, this project is priced as a lump sum professional services project with invoices rendered monthly. Consultant's professional fees for conducting the full scope of services outlined herein are $19,760.00: a detailed table of labor costs and expenses is contained below. In addition, Consultant's estimated out of pocket expenses, largely for travel (for up to three trips to Boynton Beach by Wayne Francisco and one trip for Duncan Rose for up to a total of 8 days on site) at approximately $4,000. If possible, in order to reduce travel costs, the trips will be scheduled around other trips to Florida. All travel expenses will be billed at cost with receipts provided. 86/09027/15/27 3 ~ ..... Table 1 Professional Fees by Task with Expenses labor Hours labor Cost 1 Total Task Expenses 1 10 $ 2,080.00 N/A $ 2,080.00 2 20 $ 4,320.00 $1,000.00 $ 5,320.00 3 22 $ 4,640.00 N/A $ 4,640.00 4 12 $ 2,480.00 $1,000.00 $ 3,480.00 5 30 $ 6,240.00 $2,000.00 $ 8,240.00 Totals: 94 $19,760.00 $4,000.00 $23,760.00 1 Expenses amounts are estimated only - actual costs will be will be billed at cost, by the Consultant, with receipts. Table 2 Professional Fees by labor Classification Staff Classification labor Rate labor Hours Total Duncan Rose Project Director $240/hour 24 $ 5,760.00 Wayne Francisco $200/hour 70 $14,000.00 Totals: 94 $19,760.00 SCHEDULE Consultant is to begin work on this assignment within two weeks upon receipt of notice to proceed. A kick- off meeting between Consultant and the designated (participating) Department staff will be convened at a mutually agreed upon date, coinciding the kick-off meeting with Tasks 1 and 2. The Department's Project Manager and Consultant's Project Manager will mutually select the on-site work dates. Execution of this scope is expected to be completed within 45 calendar days from the kick-off meeting. 86/09027/15/27 4 ~ ..... APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this day of ,2008. SUBMITTED BY: GHD Consulting Inc. By: f!:f~-~- Wayne Franc co Service Group Manager /4- -r'--- day of ~ Dated this J a....... c..--.. ~..-/,2008. 86/09027/15/27 5 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 o December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4, 2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19,2008 (Noon) o January 15,2008 December 31, 2007 (Noon) [2J March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon) C') o G-t c::> --< '"T"1 -; m """""-C:> o Announcements/Presentations 0 City Manager's Report OJ C)-" ~"";:) NATURE OF 0 Administrative 0 New Business ~ :;;:; ~ AGENDA ITEM [2J Consent Agenda 0 Legal J> ,~:: o Code Compliance & Legal Settlements 0 Unfinished Business ~ 0 S;? o ... o Public Hearing 0 .. ~ ~ 0; n:> f"TlC'") RECOMMENDATION: Approval of the agreement between the City of Boynton Beach and the CoastaJ: Bay Home Owners Association to provide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. EXPLANATION: Florida State Statute Section 316.006(1)(b) provides that a municipality may exercise jurisdiction over any private roads if the municipality and the party owning or controlling the private roads enter into a written agreement providing for such jurisdiction. This agreement provides the police department with the required authority to enforce state and local traffic regulations on the roadways within the Coastal Bay development. The agreement does not obligate the department to any level of traffic enforcement activity. Additionally, the HOA will be required to bring any of its traffic control devices (signs or lights) into compliance with the USDOT Manual on Uniform Traffic Control Devices for Streets and Highways. The City has entered into these types of agreements with many of the HOAs. PROGRAM IMPACT: This agreement will not impact the operations of the police department or any other department within the city. ~~ ~ :cl. ~1~ I Y Manager's SIgnature Assistant to City Manager ~ '" ~ --' Department Name City Attorney / Finance S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC I RESOLUTION R08- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING THE MAYOR 7 AND CITY CLERK TO EXECUTE AN AGREEMENT 8 FOR TRAFFIC ENFORCEMENT BETWEEN THE 9 CITY OF BOYNTON BEACH, FLORIDA AND ]0 COASTAL BAY HOMEOWNERS ASSOCIATION, ] I INC.; AND PROVIDING AN EFFECTIVE DATE. 12 ]3 WHEREAS, Coastal Bay Homeowners Association, Inc., (hereinafter referred to as ]4 "Association") owns or controls certain private roads lying and being in the City of Boynton ]5 Beach, Florida; and ]6 WHEREAS, Association does not have the power to enact or enforce traffic laws 17 within the Association, nor can it hire others with police power to do so; and 18 WHEREAS, pursuant to Chapter 316.006(1 )(b), Florida Statutes. the Association ]9 hereby grants to the City of Boynton Beach, municipal traffic control jurisdiction over all 20 those certain private roads in said Association. 2] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ')"', Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as _J 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic 28 Enforcement between the City of Boynton Beach, Florida and Coastal Bay Homeowners 29 Association, Inc., a copy of which is attached hereto as Exhibit "A". S:\CA\RESO\AgreemenlsIBBPD\Coastal Bay Traffic Enforcement.doc I I 1 Association, Inc., a copy of which is attached hereto as Exhibit "A". 2 Section 3. This Resolution will become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this _ day of March, 2008. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 10 I Mayor - Jerry Taylor I 11 I 12 i 131 Vice Mayor - Jose Rodriguez 141 15 ! I Commissioner - Ronald Weiland 16 I 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 35 36 S:ICAIRESO\AgreementSillBPDICoastal Bay Traffic Enforcement.doc 2 AGREEMENT f THIS AGREEMENT is entered into, this -.1L day of rft3-1~.4.""l"'l , 2001, by and between: CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach Boulevard, Florida 33455, hereinafter referred to "CITY," and ('OAj',Ac.. iJtlY HClIl , ("Development"), having a business address of 1 .)- if"I e' L"'.+5T A,- B ~ Y ,3L v.i> Boynton Beach, FL 33435, hereinafter called "ASSOCIATION." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding those of traffic control and enforcement; and WHEREAS, ASSOCIATION specifically recognizes the above; and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to S316.006(b) Florida Statutes; WITNESSETH: NOW, THEREFORE, for and III consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and agree, each with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIA TION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads within the property indicated on the map attached hereto as Exhibit "A," for traffic control purposes. 3.0 The ASSOCIA TION shall provide CITY with a Resolution of the ASSOCIA TION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's services hereunder and authorizing the ASSOCIATION, via its President, to enter into this Agreement. 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for S:ICA\AGMTSITraffic EnforcementlFORM TEAdoc Page 1 traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." 4. 1. The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided by the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIATION and the observations of the Boynton Beach Police Department and Public Works Department. 5.0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.1.All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit "A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2.1n the event ASSOCIATION has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the City of Boynton Beach Public Works Department. 5.3.ASSOCIA TION shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIA TION shall incur all costs of designing and installing such measures. ASSOCIA nON shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk Manager upon execution of this Agreement. S:\CA\AGMTS\Traffic Enforcement\FORM TEA.doc Page 2 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any delay in access to ASSOCIATION property. ASSOCIATION shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIA TION recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Kurt Bressner, City Manager City of Boynton Beach ] 00 East Boynton Beach Boulevard Boynton Beach, FL 33425 Te]ephone No. (56]) 742-60]0 Facsimile No. (56]) 742-60]] with a copy to: G. Matthew Imm]er, Chief of Police City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (56]) 742-6100 Facsimile No. (56]) 742-6] 85 , To ASSOCIATION: {o..~1 r,q~;1ItV)/~A % flllrE/V1;C' /'tJ I'Ve'" ::I/I/(""- . ,](.?e, 3. iT.:Ib ft.~.4 ~ '- J4/<:'tL Jv.H~ r N /--L. J j if" '/ Telephone No. (56]) 9 /;,. 'I -I ~- j-O Facsimile No. (561) q" '{" $'13 i Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 11.0 Severability. If any provision of this Agreement or application thereof to any S:ICA\AGMTSITraffic EnforcementlFORM TEA.doc Page 3 person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. IN WITNESS WHEREOF, CITY and ASSOCIATION have executed this Agreement by their duly authorized officers, this _ day of ,2006. CITY OF BOYNTON BEACH BY: ATTEST: MAYOR BY: CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY S:\CAIAGMTS\Traffic EnforcementIFORM TEA.doc Page 4 ASSOCIA nON NAME BY: Ci',q S TI'tL.. /ol9'Y /-/;:.7 19 /l L a i-i v~ (,,- it Jq n. 0 '/ , President STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared, ;JL gU.VLklll1~ ill , as President of C .;1 A ,[ T ,q.... /l 1/ '-j IY /7 I't , on behalf of and duly authorized to execute the same, and acknowledged he executed the foregoing Agreement for the use and purposes mentioned In it, and who is(15ersonally knowi}) to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this -'.L day of 1" ~i \l\lI'lR~ 200'8 . , e(~{ ~~~ NOTARY PUBLIC My Commission Expires: j-\J.YP'::ft. FRANK MOSCATO ~ 4ili' MY COMMISSION # OD603414 1'0'1\.11 EXI'tRES: Oct. 8. 2010 (407) 398-0153 Florid. N01ll1}' Sarvlce.oom SilCAIAGMTSITraffic Enforcement\FORM TEAdoc Page 5 EXHIBIT "A" DIAGRAM AND DESCRIPTION OF ASSOCIATION PROPERTY CONT AINING THE SUBJECT PRIVATE ROADS S:\CA\AGMTS\Traffic Enforcement\FORM TEA.doc Page 6 COASTftL BAY - - 0"'- ~ ,~ ~ "- - Q ~ ~ ~ ~ ~ c;,o 0.- ll)Q I)D "- - "- - " ...... .. . I '/Q 17~1 f\ 19P'i 0 J 7IJ3 ~ );ob ~ 17&1" 11~'f '< 17 IJ 1 :. .. :a I ~-J S"' / 'J~J. ~ ) 7"7 ~ "i t / !'"I] ~ ~ - 1'i,P /711 .... 'D 1,)11 ...... "- . CD 'i~ IJpC; ~ -- - - 1S"()7 I.J/J b.' 1316 I f'Q~ :t> J JJi( , I )():l ~ . . tTJ 111:J.. JJ.tJD IJ,J "- ^1 l., IS-of 1~/tJ / ~~ 'J. I 140 i , ~ ~ . :J- 1- - ..... .... ~ I ~gt( JJ.o.I / \tJ i IJtJ6 ~ 1.1 t?i- IJiJf - T I '"lot.! IJ.~~ au'l IJ~~ ).1111 J ;ld'i IJdd I~ I)., "- I ~ II _ Ilo.. . ~~ ./ ~ ,,, ~ . .~ "- ...... " ..... "- ........ ..... ..... "- ~ c ~ ~ ..... ....... ... "- ...... " " ~ ~ ~ l:!l <) a "- " "" '\ ~ .... '" ~ ..... ENr FE 0 ,:,t Ii I... 11'6-H"''''Y , J ;." " A _ _ -.- (", . EXHIBIT "B" ASSOCIATION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT Coastal Bay Homeowners Association, Inc. recognizes the authority of CITY to patrol on private property to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agenci~pursu to 1~,1iD.d not through this or any other agreement. ./ /',/ ./ //~ .'>-- / .. ~ ::"--:,."'// -......... -.. " .""r-..... :-- ./ 't..O" / .c; Al Burkhardt, President Coastal Bay Homeowners Association, Inc. Dated: February 11,2008 S:\CA\AGMTS\Traftic Enforcement\FORM TEA.doc Page 7 A PHOENIX MANAGEMENT SERVICES, INC. Treasure Coast Office: Boca Raton (561) 276-0255 Lake Worth Office: 5005 Turnpike Feeder Road 3082 Jog Road Fort Pierce, FL 34951 Lake Worth, FL 33467 (772) 465-1858 (561) 964-1550 (561) 964-8731 Fax ----~._~- Minutes for Coastal Bay Home Owners Association Inc. February 7, 2008 David Rosenthal, from Phoenix Management, called the meeting to order at 3: 15 PM Present were about 12 members. David Rosenthal, Frank Moscato, property manager and Dionne Whyte, customer service, from Phoenix Management. David Rosenthal spoke about the transfer. He suggested having an audit done. As it stands now there are some financial issues with the developer Southern Homes. David invited nominations from the floor. One owner was nominated. Denis Holmes. We proceeded with the election. Al Burkhardt 14 Votes Magaly Orozco 15 Votes Helen Plog 7 Votes Denis Holmes 5 Votes The Organizational Meeting followed: Al nominated Magaly for Secretary/Treasurer. Magaly nominated Al for President and Helen Plog for Vice President. All were in favor The new Board of Directors are: Al Burkhardt President Magaly Orozco Secretary IT reasurer Helen Plog Vice President Al made a motion that all Board Members will be authorized to sign checks; Magaly seconded. One signature will be sufficient on checks. SEITLIN III INSURANCE & ADVISORY SERVICES INSURANCE PROPOSAL FOR COASTAL BAY HOMEOWNERS ASSOCIATION INC. Effective Date: 12/22/07 Coverage: General Liability Carrier: Colony Insurance Company Form: Occurrence Limits: General Aggregate: $2,000,000 [~n9!~JP2LE,[] r. J Products & Completed Operations Aggregate: Included ~1 Personal & Advertising Injury: $1,000,000 Each Occurrence: $1,000,000 Fire Damage (anyone fire): $ 100,000 Medical Expense (anyone person): $ 5,000 Deductible: $500 BI/PD per Claim Including L.A.E. Mandatory Forms: Hazardous Materials Exclusion, Misc. ExcI. Endorsement (Intercompany Products suits, USL&H, Jones Act, Maritime Exclusion, Professional Services Exclusion), Service of Suit, 25% Minimum Earned Premium, Employment Related Practices Exclusion, Fungi or Bacteria Exclusion, War Exclusion, Nuclear Energy Liability Excl. Endt, Limitation of Coverage to Business Description, FL Changes-Cancellation & Non-Renewal, Limitation of Coverage to Designated Premises or Project, Directors & Officers Liab. ExcI., Contractual Liability Limitation, Ownership, Maintenance or Use of Premises Coverage Limitation, Deductible Liability Insurance; Additional Insured Condo Unit Owner, Hired & Non Owned Auto Liability Subject to: Signed application and TRIA disclosure form Premium: $4,433.92 TRIA coverage: 106.10 ~)~t"'___1 ~~~~ ,'- neck #_.-.3. LL %' -- '''-~''''.",,'=~~ . ,fIN AS~-;UHEX GLOl3AL PARTNER PROPERTY & CASUALTY MIAMI 9800 N.W. 41st St., Suite 300. Miami, FL 331781 Phone: 305.591.0090 1 Fax: 305.593.69931 seitlln.com FT. LAUDERDALE 6700 N. Andrews Ave., Suite 300, Ft. Lauderdale, FL 33309 I Phone: 954.938.8788 I Fax: 954.938.8566 N. PALM BEACH 11780 US Highway One, Suite 208, North Palm Beach, FL 3340B I Phone: 561.424.4330 I Fax: 561.630.3667 Seitli:1 Insurance 9800 NW 41st Street Suite 300 Miami, FL 33178 INVOICE Invoice Number: 201483 Amount Invoiced : $10100 Invoice Date : 03/30/2008 Date Printed : 12/21/2007 Bill To: Coastal Bay Homeowners Association c/o Phoenix Management 3082 Jog Road lake Worth, Fl 33467 [~DJJP[R'~![] Policy Type: Fidelity Bond l J Policy Number: 14818404 Policy Term: 3/30/08 to 3/30/09 Carrier: Western Surety Company I.ine O~Buslnflss Transaction Cate' D!~~ifptlori'; AmouiltOue Invoice Hurricane Cat. Fund Assessment $1.00 Fidelity Bond(1) $100.00 Toil.i!lii'~bl~.B.IIII1~lI' . $101.00 Invoice Message: Fidelity Dishonesty Bond, $10,000 Please send with payment: Amount Paid: Bill To Name : Coastal Bay Homeowners Association Invoice # : 201483 Policy # : 14818404 PAID Remit Payment To: Oat'l I -- >,7{ - C \\'. --.......rzrr------ .,.-,.. p. ..~~,.. ,it . I.",h_Gi'\" -~j1- ~-'-- /:.mounI _._.~ -_.~~ Seitlin Insurance 9800 NW 41st Street Suite 300 Miami, Fl 33178 SEITLIN INSURANCE & ADVISORY SERVICES rf' December 21, 2007 t ~ 1 ;)n" Mr. Jerry Schmitt Coastal Bay Homeowners Association c/o Phoenix Management 3082 Jog Road Lake Worth, FL 33467 RE: Fidelity Dishonesty Bond Bond #:14818404 Dear Jerry: Please find attached our renewal invoice in the amount of $1 0 I referencing the above captioned effective 3/30/08 to 3/30/09. Please remit payment to Seitlin Miami in the yellow self address envelope we have provided for your convenience. Should you have any questions, please do not hesitate to contact our office. Best Regards, Athena Murphy, CPSR Surety Bond Assistant for Dedi Belis, Surety Manager PROPERTY & CASUAL TV MIAMI 9800 NW. 41ST St., Suite 300, Miami, FL 331781 Phone: 305.591.00901 Fax: 305.593.69931 seitlin.com FT. LAUDERDALE 6700 N. Andrews Ave., Suite 300, Ft. Lauderdale, FL 33309 1 Phone: 954.938.8788 I Fax: 954.938.8566 -IN. PALM BEACH 11780 US Highway One. Suite 208, North Palm Beach, FL 334081 Phone: 561-424-4330 I Fax: 561.630.3667 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December 18, 2007 December 3, 2007 (Noon) o February 19, 2008 February 4,2008 (Noon) o January 2, 2008 December 17,2007 (Noon) o March 4, 2008 February 19,2008 (Noon) o January 15, 2008 December 31,2007 (Noon) [gI March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14,2008 (Noon) o April I, 2008 March] 7,2008 (Noon) ("') C) 0-; CO =i-< 0 Announcements/Presenta tions 0 City Manager's Report .." --<0 m C") .., c:o NATURE OF 0 Administrative 0 New Business W rco i'lo AGENDA ITEM [gI Consent Agenda 0 Legal N ;:! -< ..-~.... -..., :x- .- 0 Code Compliance & Legal Settlements 0 Unfinished Business (J)~ :x 0 0 0 9 Oz Public Hearing .., ..,ro -n1 - (")> RECOMMENDATION: Approval of the agreement between the City of Boynton Beach and the :fflstefS'~ Mill Home Owners Association to provide for police enforcement of traffic violations on private and limited access roads within the Association's area of control. EXPLANATION: Florida State Statute Section 316.006(l)(b) provides that a municipality may exercise jurisdiction over any private roads if the municipality and the party owning or controlling the private roads enter into a written agreement providing for such jurisdiction. This agreement provides the police department with the required authority to enforce state and local traffic regulations on the roadways within the Fosters Mill development. The agreement does not obligate the department to any level of traffic enforcement activity. Additionally, the HOA will be required to bring any of its traffic control devices (signs or lights) into compliance with the USDOT Manual on Uniform Traffic Control Devices for Streets and Highways. The City has entered into these types of agreements with many of the HOAs. PROGRAM IMPACT: This agreement will not impact the operations of the police department or any other department within the city. I if~ {~ City Manager's Signature Assistant to City Manager ~ *- -/ Department Name City Attorney I Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC ] RESOLUTION R08- 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 AUTHORIZING AND DIRECTING THE MAYOR 7 AND CITY CLERK TO EXECUTE AN AGREEMENT 8 FOR TRAFFIC ENFORCEMENT BETWEEN THE 9 CITY OF BOYNTON BEACH, FLORIDA AND ]0 FOSTERS MILL HOMEOWNERS' ASSOCIATION, ] ] INC.; AND PROVIDING AN EFFECTIVE DATE. 12 ]3 WHEREAS, Fosters Mill Homeowners' Association, Inc., (hereinafter referred to as 14 "Association") owns or controls certain private roads lying and being in the City of Boynton 15 Beach, Florida; and ]6 WHEREAS, Association does not have the power to enact or enforce traffic laws ]7 within the Association, nor can it hire others with police power to do so; and 18 WHEREAS, pursuant to Chapter 316.006(1)(b), Florida Statutes, the Association 19 hereby grants to the City of Boynton Beach, municipal traflic control jurisdiction over all 20 those certain private roads in said Association. 2 ] NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section I. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does 27 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traflie 28 Enforcement between the City of Boynton Beach, Florida and Fosters Mill Homeowners' 29 Association, Inc., a copy of which is attached hereto as Exhibit "A". S leA IR ESOIAgreements\BB PDIF osters Mill Tram c En tc)rcemen l. doc ] I 1 Section 3. This Resolution will become effective immediately upon '), passage. -I I 3 PASSED AND ADOPTED this _ day of March, 2008. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor - Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 ATTEST: 23 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 34 35 S:ICAIRESO\AgreementSSBPD\Fosters Mill Traffic Enforcement.doc 2 AGREEMENT .- THIS AGREEMENT is entered into, this :?~ day of j(\j'\.U.aJ?-t ~' 2008, by and between: CITY OF BOYNTON BEACH. FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Boynton Beach. Florida 33425, hereinafter referred to "CITY," and FOSTERS MILL HOMEOWNERS' ASSOCIATION. INC., a master association of the homeowner association(s) of the development known as Fosters Mill ("Develop-ment"), having a business addred of c/o (}.-<.t..l.f~+-r-Utff\ ~\I{U~ t1'\4./~A')l.M.t 1 1:.?:J5 G-oJ{.wLL~ e.l \II , & 1r$' ~ &/U~ , PL '33i.1;J..t. heremafter called "A SOCIA 1'10 ." WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private property to enforce all of the laws of the nation, state, county and city, duly enacted. excluding those of traffic control and enforcement~ and WHEREAS, ASSOCIATION specifically recognizes the above: and WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction for traffic regulation purposes over any private or limited access road or roads of specified private segments of the ASSOCIATION, pursuant to ~316.006(b) Florida Statutes: WITNESSETH: NOW, THEREFORE, for and m consideration of the mutual covenants and undertakings of the parties hereto, and other good and valuable considerations, the parties hereto covenant and agree, each with the other as follows: 1.0 Ratification. The foregoing preamble is hereby ratified and confinned as true and correct and incorporated herein. 2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the jurisdiction of CITY over any private or limited access road or roads \vithin the property indicated on the map attached hereto as Exhibit "A." for traffic control purposes. 3.0 The ASSOCIA 1'1 ON shall provide CITY with a Resolution of the ASSOCIA TION attached as Exhibit "B", evidencing the ASSOCIA TlON's desire for CITY's services hereunder and authorizing the ASSOCIATION, via its President to enter into this S\CA\AGMTS\Traftlc Ellf()rcementlFosters Mill HOt\doc Page] Agreement. 4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for traffic control purposes over any private or limited access road or roads within the property within the Development listed on attached Exhibit "A." . 4. 1. The City of Boynton Beach Police Department agrees to provide a minimum base level of traffic enforcement service on all those certain private roads in the Development identified in Exhibit "A." 4.2.The level of service provided by the CITY shall be determined solely by the Boynton Beach Chief of Police and shall be based upon the availability of police personnel. 4.3.The Police Department shall choose the hours and days of operation, but these choices shall be based upon information from ASSOCIA nON and the observations of the Boynton Beach Police Department and Public Works Department. 5,0 Signs and Markings. In order to permit CITY to perform pursuant to the terms of this Agreement, and to ensure appropriate jurisdictional and enforcement authority: 5.I.All traffic control devices on and along the private or limited access roads within the Development identified in Exhibit" A" must conform to the requirements contained in the United States Department of Transportation Manual on Uniform Traffic Control Devices for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination as to whether signs or other traffic control devices meet the installation requirements and/or conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory traffic control within the ASSOCIATION. 5.2.In the event ASSOCIA nON has installed traffic calming devices that do not conform with existing CITY and MUTCD standards, on or along the private or limited access roads within the Development identified in Exhibit "A," such as speed humps and/or speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed within thirty (30) days of execution of this Agreement if CITY so requests or a traffic engineering study determines that the existing traffic calming devices are not warranted. Further, ASSOCIATION shall not install any traffic calming devices on or along its private or limited access roads during the term of this Agreement without the express written consent of the City of Boynton Beach Public Works Department. 5.3.ASSOCIA nON shall purchase and install all signs, signage, posts, pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary for traffic control purposes. Should CITY determine that traffic-calming measures are appropriate, ASSOCIA TION shall incur all costs of designing and installing such measures. ASSOCIA nON shall be responsible for maintenance of any traffic control devices and traffic calming measures necessary or desirable for the enforcement of traffic laws. 6.0 Insurance. The ASSOCIA nON agrees to maintain insurance under its general liability policy for all actions arising out of or in any way connected to this Agreement under S:\CA\AGMTS\Traffic Enforcement\Fosters Mill HOA.doc Page 2 minimum policy limits of $1,000,000. Proof of insurance shall be provided to the City Risk Manager upon execution of this Agreement. 7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent an)' delay in access to ASSOCIATION property. ASSOCIA nON shall provide gate access codes to the Public Works Department for purposes of conducting traffic engineering analyses. 8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of execution, provided that either party may terminate this Agreement without penalty upon sixty (60) days notice by notifying the opposite party in writing of its intention to do same. 9.0 General Law Enforcement Jurisdiction. ASSOCIA nON recognizes the authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce all laws of the nation, state, county and city other than for traffic control purposes, and same is done by Boynton Beach Police Department and other appropriate law enforcement agencies pursuant to law, and not through this or any other Agreement. 10.0 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and delivered personally or transmitted (a) through the United States maiL by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service: or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U.S. mail or by overnight delivery service as just described, addressed as follows: To CITY: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 Telephone No. (561) 742-60 10 Facsimile No. (561) 742-60 II with a copy to: G. Matthew Immler. ChiefofPolice City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Telephone No. (561) 742-6100 Facsimile No. (561) 742-6185 To ASSOCIATION: Fosters ~ill Homeowner~' Association, Inc. -t c/o Gu 1.fsh-e.t1..t'v\. s....rv t s ('f...J..~~ 13'1'S (~~ glv -- Boynton Beach. FL 3 4'-' Telephone No. (561) ~1335's50 Facsimile No. (561) 5'3~-o~/(", Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice S\CA\AGMTS\Traffic Enforcement\Fosters Mill HOA.doc Page 3 to the other party delivered in the manner set forth above. 11.0 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12,0 Modification of Agreement. This Agreement may be modified upon mutual consent of the parties only in writing, and executed with the same dignity herewith. 13.0 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply due to the joint contribution of both parties. 14.0 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 15.0 Governing Law. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Palm Beach County, Florida. 16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall preclude the parties from modifying this Agreement during the term of such, or, upon completion of the term, entering into another Agreement, to provide for additional or revised terms. . IN WITNE~S WHEREO~, ~ITY and A.~IA TION have executed this Agreement by theIr duly authorIzed officers, thIS 21-- day of . .. ~, 2008. CITY OF BOYNTON BEACH BY: ATTEST: MAYOR BY: CITY CLERK APPROVED AS TO FORM: BY: OFFICE OF THE CITY ATTORNEY S:ICA\AGMTSITraffic EnforcementlFosters Mill HOAdoc Page 4 FOSTERS MILL HOMEOWNERS ASSOCIA TION. me. BY: ~-~----~.- STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments. personally appeared, Betsy Downard, as President of FOSTERS MILL HOMEOWNERS ASSOCIA TION, INC., on behalf of and duly authorized to execute the same, and acknowledged e foregoing Agreement for the use and purposes mentioned in it, and who is I personally known me or has produced FAt ~,~ as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this 23 day of~,ztld~ . 2008. ~ ,'-~ .,,>RY PUs( SCOTT STRALEAU . ~ ~~dra"'/ ~ MYCOMMISSION<<00385486 NOTARY PUBLIC * -Ie EXPIRES: March 24, 2009 _.... _ . -? ." "'~ 0"" B d dThnlBudqetNotl!,/Services My CommIssIon ExpIres. S/.e.- Sf 10'7 """(:OF\-\O~ on e .. S:\CA\AGMTS\Traffic Enforcement\Fosters Mill HOAdoc Page 5 EXHIBIT" A" DIAGRAM AND DESCRIPTIO CONTAINING THE SU~~*S:~CIATION PROPERTY VATE ROADS ~J20)L. P~\ { ~r/:rs{ (f:- (JYl-tieL ~ LAj\^.V.~ '( Dc0- S' WJS j\01 \ e~ ::rb,;\;z4 ~ II Ltt~ ~~<;,fw~1 ~ [l~ Ll\ \ c,~~UL&~ elJ'J1L&- - ~ 7O'J n1 Page 6 ~ EXHIBIT "B" ASSOCIA TION'S AUTHORIZATION TO ENTER INTO THIS AGREEMENT 11&-.~lA1fA rfrVv-€-C1uU ck k-\.A ~ \ \ t\oA m~t ~~ II~ lOB> t Ll11 LI.f\ VM\'~ ~(\-b .Q 1L-4.--L II iu 6- c.\J\l:.--hL,f- \0\\1,\- i~ tel Ot~f)"D +tyct\'lxJ 1- s;.~y( 2- -n<LL1\}L ~ \ CH.U S. . ~~\lJ.1\ CtiC\ ,1lL V1 CltiLT". i~fuAk u~~~~ ~. rt ~- ,," ( Co, c~,z c.r<.A 7;- S\CA\AGMTS\Tr' ff' E . .' a 1(; 'Iltor(;ement\Fosters MilIIlOAdo(; Page 7 VI.-CONSENT AGENDA CITY OF BOYNT~~M~\l8i ITEM D. AGENDA ITEM REQUEST3FORl\. 38 08 fEB i3 r't,l. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18,2007 December 3, 2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15,2008 December 31, 2007 (Noon) [8J March 18,2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April 1,2008 March 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000, yet less than $25,000.00 (bid threshold) for the month of October 2007 and February 2008. Purchases for the months of: November, December and January, were filed with the Commission report of February 19, 2008. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" yet under $25,000.00 and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ~ U Department Head's Signature ,." City Manager's Signature ger W-/ ~~ aM Procure ent Se Ices City Atto S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2007 1. Vendor: ITT FL YGT Purchase Amount: $23,622.00 Requesting Department: UTILITIES Contact Person: BARB CONBOY/MIKE DAUTA Date: 10/12/07 Brief Description of Purchase: KIT REPAIRS FOR FL YGT PUMPS Source for Purchase: SOLE SOURCE VENDOR Fund Source: 401-2816-536.52-75 2 Vendor: LAWMEN'S & SHOOTERS SUPPLY Purchase Amount: $16,240.00 Requesting Department: POLICE Contact Person: SARAH BYERS Date: 10/16/07 I Brief Description of Purchase: WINCHESTER 223 CAL 55 GRAIN SOFT POINT AMMUNITION I Source for Purchase: ST. CONTRACT #680-050-07-1 Fund Source: 001-2110-521.52-50 3 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: I I Source for Purchase: Fund Source: I i 4 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: i 5 Vendor: Purchase Amount: l Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: I i , Page 1 of 1 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 080491 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/12/07 VENDOR 3876 SHIP TO: TO: ITT FLYGT City of Boynton Beach 1730 W. 10TH STREET EAST UTILITY ADMIN RIVIERA BEACH, FL 33404 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 44230 ORDERING DEPARTMENT: UTILITIES ADMIN HS INQUIRIES REGARDING I COMMISSION APPROVED: I PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 6.00 EA KIT REPAIR BASIC 451.0000 2706.00 3085.091,120+170, ].71,],81,890 VENDOR ITEMNO)-601t3947 2 6.00 EA WEAR gIN(} STATIONARY, BRONZE 72.0000 432.00 VENPOR ITEM NO. - 3898200 3 6.00 EA K1'l':R.EJ?AIRBASIC+ 3102.090,18 .0000 3630.00 VENI)()lfTTEM NO. -6018906 ".-.-,,' -. .......... '. 4 6.00 EA WE:J.\.f{... RING NITRILE 0 402.00 VENDOR ITEM NO.- 3035000 5 6.00 EA KITREAPIR BASIC+3127.090/180 0 6150.00 VENDOR ITEM NO.- 6018909 6 6.00 EA WE.t\R RING NITRILE 3126/27 0 708.00 VENDOR ITEM NO.. - 3093400 7 6.00 EA KITREPATR BASIC+3140+ 00 9594.00 3}40.090,180 VENDOR ITEM NO. ~ 6018931 PUMP PARTS FOR LIFT STATIONS - SOLE SOURCE VENDOR. PROCUREMENT SERVICES: P.O. TOTAL: 622.00 .CCOUNT NO. PROJECT 401-2816-536.52-75 23622.00 PURCHASING ~-' PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 080510 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/16/01 VENDOR 1747 SHIP TO: TO: LAWMEN'S & SHOOTER'S SUPPLY IN City of Boynton Beach 7750 9TH STREET S.W. POLICE/PISTOL RANGE VERO BEACH, FL 32968-9298 3501 N. CONGRESS AVENUE BOYNTON BEACH, FL 33426 REQUISITION NO. 44273 ORDERING DEPARTMENT: POLICE IN(Jlljh~ ~ 1E"\i [,tlf' DATE NEEDED: SID NO: I COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA WINCHESTER 223 CAL (RA223R) 55 16240.0000 16240.00 GRAIN SOFT POINT' STATE CONTRACT#680-050-07-1 SHIP TO PISTOL RANGE PLEASE 350LNORTHCONGRESS AVE. BOYNTON BEACH,FL 33426 200 PER CASE @$81.20 PER CASE PROCUREMENT SERVICES: P.O. TOTAL: 16240.00 ACCOUNT NO. PROJECT 001-2110-521.52-50 16240.00 PURCHASING . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR FEBRUARY 2008 1. Vendor: HARRINGTON INDUSTRIAL PLASTICS Purchase Amount: $27,059.35 Requesting Department: UTILITIES Contact Person: BARB CONBOY Date: 2/8/08 Brief Description of Purchase: PURCHASE OF 1 TANK TO STORE HYDROFLUOSILlCIC ACID, THE WATER FLUORIDATING AGENT Source for Purchase: THREE WRITTEN QUOTES Fund Source: 403-5000-590-96-10 WTR094 STATE FUNDED GRAN 2 Vendor: SUNGUARD THE INC Purchase Amount: $12,950.00 Requesting Department: DEVELOPMENT Contact Person: INDRA SWEENEY Date: 2/8/08 Brief Description of Purchase: BUSINESS LICENSING MODULE AND INSTALLATION Source for Purchase: SOLE SOURCE Fund Source: 001-25416-524.64-14 3 Vendor: CLASSIC CHEVROLET Purchase Amount: $19,568.00 Requesting Department: FLEET Contact Person: STEVE WEISER Date: 2/5/08 1rief Description of Purchase: PURCHASE OF CEVROLET COLORADO 4X2 Source for Purchase: SHERIFF'S CONTRACT Fund Source: 501-2516-519.64-33 07-15-0827 4 Vendor: SPECIALTY ADVERTISING, INC. Purchase Amount: $19,900.00 Requesting Department: UTILITIES Contact Person: Kofi Boateng Date: 2/29/08 Brief Description of Purchase: PURCHASE OF WATER CONSERVATION CARDS WITH SHIPPING Source for Purchase: Fund Source: 5 Vendor: Purchase Amount: Requesting Department: Contact Person: Date: Brief Description of Purchase: Source for Purchase: Fund Source: Page 1 of 1 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 24-Jan-08 Requesting Department: Water Quality 2819 Contact Person: Steve Evans Explanation for Purchase: I Replacement of existing tank. This tank and associated hardware is used to store Hydrofluosilicic I Acid, the water fluoridating agent. We have received a grant from the State of Florida Department of Health for this project. I Recommended Vendor Harrington Industrial Plastic I I Dollar Amount of Purchase ~71.3:::;-' l3,5~5 1- 3 S- ,~. Cf-D I ~ . Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-590-96-10 WTR094 State Funded Grant Approvals: c,....-~. / ~D~ 'xl::: ~ Department Hea ( Date Purchasing Agent Date 6 ~~ Asst City Manager : City Manager je~~ ( \.~ Form Revised 02/01/02 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 080965 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/08 VENDOR 4667 SHIP TO: TO: HARRINGTON INDUSTRIAL PLASTICS City of Boynton Beach 2605 ACE ROAD WEST WATER ADMIN ORLANDO, FL 32804 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION NO. 45219 ORDERING DEPARTMENT: UTI LITES ADMIN/ME INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CAll DA TE NEEDED: BID NO: (5611742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA 567045 6500 GAL TANK 120" X 199" 16249.5000 16249.50 1.9SG 18" 2 1. 00 EA 3470056 SITE GLASS FOR 3" OUT 271.5000 271.50 CAPTOR TANK 3 1. 00 EA 10742004 FITTING UFO TRANSITION 525.7500 525.75 FOR 3"BOLTED FTG VIT.GASKT 4 1. 00 EA 347887 3" FITTING DBL FLG S CPVC 856.5000 856.50 VIT GASKET ENCAP HASTELLOY BOLTS 5 1.00 EA 3471258 3" TUBE SIPHON 103.2000 103.20 6 1. 00 EA 3471040 SYSTEM SEISMIC RESTRAINT 1488.8000 1488.80 FOR 3500-6500 gal captor cant. system 7 1. 00 EA 347352 24" MANWAY PE T VENTED 145.6000 145.60 8 2.00 EA 347753 24" MANWAY PE T VENTED 107.2500 214.50 9 1. 00 EA 347754 3" FITTTING BKHD SXT CPVC 185.6000 185.60 VIT GASKT FILL AND ULTRASONIC CONNECTION 10 1. 00 EA SHIPPING 3500.0000 3500.00 PROCUREMENT SERVICES: P.O. TOTAL: 23540.95 ,CCOUNT NO. 403-5000-590.96-10 23540.95 PURCHASING PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD " ':J ~3096:=: P.O. BOX 310 r.' . ~ . BOYNTON BEACH, FLORIDA 33425-0310 :J.~TE : --::J DS! VENDOR 4667 SHIP TO: TO: HARRINGTON INDUSTRIAL PLASTICS City of Boynton Beach 2605 ACE ROAD WEST WATER ADMIN ORLANDO, FL 32804 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, F=-.c 3343 REQUISITION NO. 45219 ORDERING DEPARTMENT: UTILITES ADMIN/ME INOI' h , f 11 ,He'IN PlH-.., ; ~ d II , DATE NEEDED: BID NO: I COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COS'I REMARKS: This tank and associated hardware are used to store hydrofluosilicic acid (for fluoridation) . I PROCUREMENT SERVICES P.O. TOTAL: I I ACCOUNT NO. I 403-5000-590.96-10 _.,-~- ___-1 PURCHASING PURCHASE ORDER ---- CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081000 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/22/08 VENDOR 4667 SHIP TO: TO: HARRINGTON INDUSTRIAL PLASTICS City of Boynton Beach 2605 ACE ROAD WEST WATER ADMIN ORLANDO, FL 32804 5469 W. BOYNTON BCH BLVD. BOYNTON BEACH, FL 33437 REQUISITION NO. 45329 ORDERING DEPARTMENT: UTI LITES WATER QUALITY INQUIRIES REGARDING PURCHASE ORDER CALL DATE NEEDED: BID NO: I. COMMISSION APPROVED: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA 3471202 ATTACHMENT ASSY FOR FRP 530.4000 530.40 LADDER 2 16.00 FT 186.7500 2988.00 PROCUREMENT SERVICES: P.O. TOTAL: 3518.40 CCOUNT NO. 403-5000-590.96-10 3518.40 PURCHASING - PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 080961 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/08 VENDOR 1375 SHIP TO: TO: SUNGARD HTE INC City of Boynton Beach 1000 BUSINESS CENTER DR. BUILDING DEPARTMENT LAKE MARY I FL 32746 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 45316 ORDERING DEPARTMENT: SWEENEY I - DEVELOPMENT DA TE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA CLICK2GOV FOR BUSINESS LICENSING 10950.0000 10950.00 MODULE 2 1. 00 EA INSTALLATION FEE 2000.0000 2000.00 S HTE SOFTWAREiA.PPROVED BY WITH SYSTEM. PROCUREMENT SERVICES: P.O. TOTAL: 12950.00 ACCOUNT NO. 001-2416-524.64-14 12950.00 I I PURCHASING PURCHASE ORDER - ,.,.-. CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 080953 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/05/08 VENDOR 1366 SHIP TO: TO: CLASSIC CHEVROLET City of Boynton Beach P.O. BOX 1720 PUBLIC WORKS DEPARTMENT WINTER PARK, FL 32790 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 45195 ORDERING DEPARTMENT: FLEET/JAM INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA CHEVROLET COLORADO 4X2 (CS15403) 11338.0000 11338.00 COLOR: WHITE 2 1. 00 EA G80 295.0000 295.00 3 1. 00 EA .0000 335.00 4 1. 00 EA 160.00 5 1. 00 EA 7440.00 O. Piggy-back 's FL 0827. information, Weiser, at 561-742 PROCUREMENT SERVICES: P.O. TOTAL: 19568.00 ':COUNT NO. 501-2516-519.64-33 19568.00 DIIR('J..\A<:III.rt:: ,~~ CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 2/21/2008 Requesting Department: Utilities Contact Person: Kofi Boateng, PE Explanation for Purchase: Water Conservation Cards - deck of cards with water conservation tips Recommended Vendor Specialty Advertising, Inc. I Dollar Amount of Purchase $19,900.00 I Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract Fund Source for Purchase: 401-2822-536-95-43 Approvals: ~;;x~ Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date g~J;;J1)UU Form Revised 02/01/02 141 PURCHASE ORDER , CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081023 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/29/08 viNDOR 2768 SHIP TO: TO: SPECIALTY ADVERTISING INC. City of Boynton Beach 4317 REDDING ROAD #A EAST UTILITY ADMIN BOYNTON BEACH, FL 33436 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 45462 ORDERING DEPARTMENT: UTILITIES INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CAll DA TE NEEDED: BID NO: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 10000.00 EA DECKS OF CARDS - WATER 1.9000 19000.00 CONSERVATION 2 1. 00 EA 900.0000 900.00 PROCUREMENT SERVICES: P,O. TOTAL: 19900.00 T:\CCOUNT NO. 401-2822-536.95-43 19900.00 PURCHASING VI.-CONSENT AGENDA . ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December 18, 2007 December 3,2007 (Noon) D February 19, 2008 February 4, 2008 (Noon) D January 2, 2008 December 17,2007 (Noon) D March 4,2008 February 19,2008 (Noon) D January 15, 2008 December 31, 2007 (Noon) [8J March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April 1, 2008 March 17,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D Untinished Business D Public Hearing D RECOMMENDATION: Motion to approve payment for the urgent repair of275 Linear Feet of 18" Wastewater Main on N. Seacrest Blvd. and NW 19th Ave. in front of Master Lift Station #309. in the amount of$59,475.96. EXPLANATION: On December 262007 Wastewater crews responded to a call at the comer ofNW 19th Ave. and N. Seacrest Blvd. When crews investigated a sinkhole in Seacrest Blvd. the TV inspection report revealed that the 18" wastewater main had fractured and a massive amount of ground water infiltration was entering the line. Wastewater flows were partially blocked from sand that also entered pipe. Traffic was impacted as a result of the sinkhole so barricades were placed to divert traffic away from the sinkhole. After evaluating the condition of the pipeline break, it was determined that pipe lining would be the most cost effective method of repair. When we received authorization to take actions on this urgent repair, Insituform was called and repairs ~re ~~ scheduled for January 16,2008. The department 'piggy-backed" the JEA contract which had been awarded to Instft1fo~o Technologies. g c> ...." ,OJ W Me Wastewater crews would have to bypass a Force Main the pumped into the line that was going to be repaired. Th&tme tffilt-< was repaired ended at the collection manhole directly outside the lift station wet well. There would also be a secoqi.byp~ upstream of the 18" line therefore additional assistance would be needed to secure all flows. ::. 0 ~ - ...." .. '"T1 co We would also need the help of Clean Harbors to assist in bypassing such large amounts of wastewater from the l&;')lincn;; Clean Harbors bypassed flows from the 18' and 15" gravity mains that flowed into the line upstream of the repair. ~is ~~ secure all of the wastewater flows necessary to make the repair. The department utilized Clean Harbor's resources of tank trucks, tractor trailers and portable storage tanks. The department "piggy-backed" a contract with the US Coast Guard which was awarded to Clean Harbors and had been previously approved by Commission to be utilized throughout the various departments in the City. After repairs there would be ground and road restorations. The ground would have to be stabilized because of the loss of soil that entered into the pipe. This leaves a void under the asphalt. Uretek ICR was called for the ground stabilization process. Uretech injects a grout that tills the voids in the soil and densities the ground. The department "piggy-backed" a FDOT contract that was awarded to Uretek ICR. Final road restorations are being followed up with an asphalt company and will be processed through the normal procurement procedures. PROGRAM IMPACT: Cost for pipelining with Insituform is $22,922.50. Cost for ground stabilization with Uretek ICR is $13,230.36 and bypassing assistance with Clean Harbors is $23,323.10. The total cost for this urgent repair is $59,475.96. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMP ACT: Funds are available in account #401-2815-536-46-42. AL TERNATIVES: The department had to act as quickly as possible to repair the main line and restore the system back to operating properly. Alternative methods, for example open cut type excavation would have been extremely costly. If the line had not been restored, wastewater blockages would have occurred as well as additional damage to the line. The additional damage may hav prevented the city in utilizing the pipelining method which is more cos effective and less disruptive to rr:K;n~ ,e,1 atio . It was not ossible to handle the work internally. - City ager s ignature A"i"",' to Cily MJ'It' ~ City Attorney / Finance Xc: Michael Low Pete Mazzella Barb Conboy Tony Lombardi Gorge Peck S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORJvLDOC . REQUEST FOR REQUISITION 'I.T.E. ENTRY DATE: 2/27/2008 H.T.E. REQUISITION # 45503 Clerk: I H.Sagel Procurement Ass't: i Director: i City Manager (non budgeted ~ capital and/or $5000+): I I REASON FOR PURCHASE: To stabilize and densify the soils around an 18" CIPP sewer main and to improve the soils in the area of the depression back to erade. Ureent renair at N Seacrest and NW 19th Ave in front of Master Station #309. Piggy-back FDOT bid # 417810-1-72-01 On Consent agenda for March 18, 2008 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: URETEK ICR, LLC Admin. ( ) Date: 2/27/2008 ASAP (x) Address: 8404 Epicenter Blvd. Construction ( ) Date Needed: 3/19/2008 Confirm. ( ) Lake1and, FL 33809 Cust. Rei. ( ) ASAP/Conf. (x ) I Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: >hone (contact): Mike Trout Water Qual. ( ) QuotesN erba1 ( ) E. Admin. 40 (x) (over $500) 813-766-7398 Pumping ( ) Quotes/Written (x) E.WTP 41 ( ) (over $2000) Vendor Number: 10952 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( ) Meter Servo ( ) Sole Source Ltr. ( ) PIU 99 ( ) INITIA TOR: Tony Lombardi ~ Sewage (x) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) SN APs/GSAlPiggy-back Project Number: #: 417810-1-72-01 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 13230.36 URETEK 486 - injected in soil to fill 401 2815 536 46 42 13230.36 ea voids and densifies the ground The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561 742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Urgent repair - to stabilize and densify the soil with polyurethane resin materials URETEK 486 VENDOR # 1 : URETEKIRC,LLC DATE: 1/30/2008 CONTACT PERSON: Mike Trout PHONE NUMBER: 813-766-7398 QUOTE: $13,230.36 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. REQUEST FOR REQUISITION I.T.E. ENTRY DATE: 12/27/2008 H.T.E. REQUISITION # I 45502 Administrative Clerk: i H.Sagel Director: I City Manager (non budgeted I capital and/or $5000+): , REASON FOR PURCHASE: Assist in bypassing large amounts of wastewater from the 18" line. The department utilized clean Harbor's resources of tank trucks, tractor trailers and portable storal!:e tanks. Piggy-back bid US Coast Guards contract #HSCG84-07-R-I0000l VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Clean Harbors Environmeantal Admin. 0 Date: 2/27/2008 ! ASAP [gI Services, Inc. Address: 11221 Interchange Circle S Construction 0 Date Needed: 3/19/2008 Confirm. 0 Hollywood, FL 33025 Cust. ReI. 0 I ASAP/Conf. 0 Distribution 0 BACKUP DOCS. DELIVERY: SUBMITTED: Contact: Lab 0 QuotesN erbal 0 E. Admin 40 [gI (over $500) Phone: 954-430-2860 Pumping 0 Quotes/Written [gI E. WTP 41 0 (over $2000) FAX: PWMaint. 0 Bid Docs. [gI W.WTP 42 0 Vendor No.: 11151 ~ PWOps. 0 Sole Source Ltr. 0 P/u 99 0 INITlA TOR: Tony Lombardi ffoK) Sewage [gI Insurance [gI Special Instructions: Requirements: APPROVED: ~ Strmwtr. 0 HSCG84-07 - R-l 00001 Projects: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount Assist in bypassing large amounts of wastewater from 23,323.10 the 18" line. The department 1 utilized clean Harbor's 401 2815 536 46 42 23,323.10 ea resources of tank trucks, tractor trailers and portable storage tanks I The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Assist in bypassing large amounts of wastewater from the 18" line. The department utilized clean Harbor's resources of tank trucks, tractor trailers and portable storage tanks VENDOR # 1 : Clean Harbors Environmental Services DATE: 2/27/2008 CONTACT PERSON: PHONE NUMBER: 954-430-2860 QUOTE: $23,323.10 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. . REQUEST FOR REQUISITION ~.T.E. ENTRY DATE: 2/27/2008 H.T.E. REQUISITION # 45501 Clerk: H.Sagel Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Urgent repair of 18" wastewater main on Seacrest Blvd and NW 19th Ave in front of Master Lift station #309. Piggy-back bid Jacksonville Electric Authority (JEA) #WCS-066-07. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Insituform Technolgies, Inc. Admin. ( ) Date: 2/27/2008 i ASAP ( ) Address: 11511 Phillips Hwy S Construction ( ) Date Needed: 3/19/2008 i Confirm. ( ) i Jacksonville, FL 3256 Cust. ReI. ( ) I ASAP/Conf. ( ) I Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: >hone (contact): Ted Hochkiss Water Qual. ( ) Quotes/V erbal ( ) E. Admin. 40 (x) (over $500) 904-262-5802 Pumping ( ) Quotes/Written (x ) E. WTP 41 ( ) (over $2000) Vendor Number: 4625 PWTreat. ( ) Bid Docs. (x ) W.WTP 42 ( ) Meter Servo ( ) Sole Source Ur. ( ) P/u 99 ( ) /---.... INITIATOR: Tony Lombardi fW'jj Sewage (x) Insurance (x) Special Instructions: Requirements: APPROVED: \._./ Strmwtr. ( ) SN APs/GSA/Piggy-back Project Number: SWRI13 #: WCS-066-07 Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 22,922.50 Reconstruct the 18" sanitary line 401 2815 536 46 42 22,922.50 ea located on Seacrest Blvd using Cured-in-Place-Pipe, clean and TV The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Reconstruct the 18" sanitary line located on Seacrest Blvd using Cured-in-Place-Pipe, clean and TV VENDOR # 1 : Insituform Technologies, Inc DATE: 2/27/2008 CONTACT PERSON: Ted Hochkiss PHONE NUMBER: 904-262-5802 QUOTE: $22,922.50 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. .;.;;.. It rr .. ~!~t;_;:r r!! c, ~ -'. . < , , , . . II , . , . I. , c"'" .. VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December] 8,2007 December 3,2007 (Noon) D February] 9,2008 February 4, 2008 (Noon) D January 2,2008 December 17, 2007 (Noon) D March 4,2008 February 19,2008 (Noon) D January] 5,2008 December 3], 2007 (Noon) [8J March 18,2008 March 3, 2008 (Noon) D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business (') AGENDA ITEM [8J Consent Agenda D Legal ? r.; --i c:> ---i-< D Code Compliance & Legal Settlements D Unfinished Business ri -< (::J c:::::J {J'l D Public Hearing D i- r:n W [T;U r" ;D _( RECOMMENDATION: Motion to approve payment for the urgent repair of 175 Linear Feet of 18" Storm Water Main~ili:::c the community of Skylake to Chaz Equipment in the amount of $44,300.00 ~ Ul;:j _ DZ - ." .. ." co <::) - f'T1 EXPLANATION: On January 23,2008 Storm Water crews responded to a call at the corner ofNW loth Ave. an~ ~ St. in Skylake. When crews arrived they discovered the 18" storm water main had collapsed. A major sinkhole had ::r: developed as a result and storm water was blocked from flowing through the pipe downstream to the lake outfall. The utility easement area was barricaded from pedestrian dangers until the repair could be made. Traffic was not impacted. Chaz Equipment was called to respond as soon as possible to make the necessary repairs. The Utility Department utilized Chaz Equipment as one of the authorized contractors based on the City's "Emergency Repair" contract #065-2821-07/JA. PROGRAM IMPACT: The cost for the urgent repairs total $44,300.00. The cost is based off of approved unit prices according to the City's contract. FISCAL IMPACT: Funds are available in account #403-5000-590-96-07 STM 031 Rehabilitate Storm Water Piping ALTERNATIVES: The department had to act as quickly as possible to repair the main line and restore the system back to operating properly prior to another rain event. If the line had not been restored, a ra' event could have caused more damage by creati g floodin co ditions to the surrounding area. It was not possible to han e the k internally. anager's Signature Assistant to City Manager C)'>>l/ /tfM City Attofney / Finance X~ Michael Low ~ 0~...r Pete Mazzella " W"-J3arb Conboy ~'JVTony Lombardi Louis Johnson S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC REQUEST FOR REQUISITION H.T.E. ENTRY DATE: I 2/26/2008 H.T.E. REQUISITION # 45487 ~---~----_._--- --~--~-------- Clerk: H.Sagel --. -r-------- Procurement Ass't: ------- --.----- --.- Director: K# --...-........------- City Manager (non budgeted capital and/or $5000+): i REASON FOR PURCHASE: Emergency repair of collapsed t 8' storm water main in Skylake.. City of Boynton Beach "Emergency Repair" Contract #065-2821-07/JA "------~---------_... -- -- -- -'--------- On agenda for Commission Approval March 18, :2008 __n__ - -- ----------- ----..------.------------- VENDOR INFORMATION: DIVISION: OTHER INFORMATION: _._."-~-_.,-_. Name: Chaz Equipment Admin. ( ) Date: 2/26/2008 ASAP ( x) ---_.---- Address: 3460 Fairlane Farms Road, Suite 8 Construction ( ) Date Needed: 3/4/2008 Confirm. ( ) ~----- ---- -----.-- ---.-.---------- - Wellington, FL 33414 Cust. ReI. ( ) ASAP/Conf. ( ) ---- Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: ~-_._._._--_.._---- Phone (contact): Bradley Miller Water Qual. ( ) QuoteslV erbal ( ) E. Admin. 40 (x) -~--- (over $500) --.----- 561-333-2109 Pumping ( ) Quotes/Written (x ) E. WTP 41 ( ) ~----~--~----- -........- (over S2000) ..-.'._. Vendor Number: 7476 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( ) _._.._._-~--~_._--_._-- -_.~_._.-._--_.__..."._._- --------- _._--------~ Meter Servo ( ) Sole Source Ltr. ( ) P/U 99 ( ) Sewage ( ) Insurance ( x ) Special Instructions: Re uirements: --- -.-...,-,...---------- Strmwtr. (x ) SNAPs/GSA/Piggy-back Project Number: STM031 #: Fund I Dept -~--_._-_. Quan. Unit Price Description & Part Number Basic Elem Obj I Amount 1 I 44,300.00 Installation of 175 LF 18" HDPE pipe 403 5000 590 96 07 44300.00 ea ! i i I . .______.__....__._~.___.m'__ ! i ! I , i i i ! The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Emergency Storm Drain culvert replacement - NW lOth Ave/NW 13th St VENDOR #1: Chaz Equipment DATE: 2/26/2008 CONTACT PERSON: Bradley Miller PHONE NUMBER: 561-333-2109 QUOTE: $44,300.00 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3 : DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. ( 1 \"1 l C!~~gc~r!~lrJIII 3180 Fairlane Farms Road, Suite 1 J . I' v' . , Wellington, Florida 33414 Tel: (561) 333-2109 Fax: (561) 333-2180 RECEf\itD FE B 2. \ 2008 Contract Invoice Invoice # 021808-1 "H '\"'"" \'t\f,S Date: 2/18/2008 aO'fN10N B~~~ v \ ,. I · Project: Emergency Storm Drain Culvert Billed To: City of Boynton Beach 124 East Woolbright Road Replacement - NW 10th Ave / Boynton Beach, FL 33435 NW 13th St. Attn: Anthony J. Lombardi, Supervisor W/W Div. -- Due Date: 3/20/2008 Terms: 30 Day Purchase Order # Description Amount Emergency Storm Drain Culvert Replacement - Located at NW 10th Ave / NW 13th St. * See Attached Proposal $44,30 I IAmount Due $44,300.00 I ~~ &./ E~ :!If """1.1"'''; I ~~~ 3460 FAIRLANE FARMS RD #8 WELLINGTON, FLORIDA 33414 Phone (561) 333-2109 ; Fax (561) 333-2180 Proposal To: Mr. Anthony J. Lombardi, Supervisor WIW Division Date: January 24, 2008 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FI 33435 Emergency Storm Drain Culvert Replacement - NW 10th Ave/NW 13th St Scope includes: Mobilization, Removal and Disposal of Sodding/Sidewalk/Existing Culvert, Installation of 175 If 18" HDPE pipe, Connection of new pipe to existing structures and Restoration to a "like or better" condition. Scope for work is per attached Schedule A and as per on-site discussion with Tony Lombardi (City of Boynton Beach) and Gary Czajkowski (Chaz Equipment). Pricing is in accordance with City of Boynton Beach Bid # 065-2821-07/JA titled "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" dated August 7,2007. Total Lump Sum pricel $ 44,300.00 I Prices include: labor, equipment and materials to replace the existing 18"CMP w/new 18" HOPE including 1 Maintenance of Traffic, concrete and sodding removal/ disposal, pipe removal/replacement, and restoration of disturbed areas to like or better condition. 2 Prices Exclude: Permits 3 Completion Time: Work to be completed with 10 calend r ys after issuance of NTP By City ,. , ~ ""'I j '" '" ; ! ~~~ 3460 FAIRLANE FARMS RD #8 WELLINGTON, FLORIDA 33414 Phone (561) 333.2109; Fax (561) 333-2180 Proposal To: Mr. Anthony J. Lombardi, Supervisor WfW Division Date: January 24, 2008 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FI 33435 Emergency Storm Drain Culvert Replacement - NW 10th Ave/NW 13th St Scope includes: Mobilization, Removal and Disposal of Sodding/Sidewalk/Existing Culvert, Installation of 175 If 18" HOPE pipe, Connection of new pipe to existing structures and Restoration to a "like or better" condition. Scope for work is per attached Schedule A and as per on-site discussion with Tony Lombardi (City of Boynton Beach) and Gary Czajkowski (Chaz Equipment). Pricing is in accordance with City of Boynton Beach Bid # 065-2821-07/JA titled "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" dated August 7, 2007. $ 44,300.00 Total Lump Sum pricel $ 44,300.00 I Prices include: labor, equipment and materials to replace the existing 18"CMP w/new 18" HOPE including 1 Maintenance of Traffic, concrete and sodding removal/ disposal. pipe removal/replacement, and restoration of disturbed areas to like or better condition. 2 Prices Exclude: Permits Comple,;on Time' Work to be compteted with 10 catet''- ys after issuance of NTP By City 3 Respectfully SUbmitti by: / \ '\. "- \\ \ ~~/\) ~ 8 0 0 0 0 0 0 0 0 0 I I 0 g d d d to lri LO g 0 N I'- 0 N N T"' C") ~ I.t'i cO T- ... 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Ci ty Clerk's Office Meeting Dates in to City Clerk's Office 0 December IS, 2007 December 3, 2007 (Noon) 0 February 19, 200S February 4, 200S (Noon) o January 2, 200S December 17, 2007 (Noon) 0 March 4, 200S February 19, 200S (Noon) o January 15, 200S December 31, 2007 (Noon) [8J March IS, 200S March 3, 200S (Noon) 0 February 5, 200S January 14, 200S (Noon) 0 April 1, 200S March 17, 200S (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [8J Public Hearing 0 RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on February 26, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 07-138. EXPLANATION: PROJECT: Seaview Park Club (SPTE 08-003) AGENT: Jason Mankoff of Weiner & Aronson, P.A. OWNERS: Jacksonville Landco, LLC LOCATION: 1620 North Federal Highway DESCRIPTION: Request for a third one (1) year site plan time extension for the construction of 64, three (3) story townhouse dwelling units, approved on February 15, 2005, thereby further extending second site plan time extension approval from February 15,2008 to February 15,2009. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ~ ALTERNATIVES: / City Manager's Signature Assistant to City Manager C/11L- 0vJ Planning and Zo City Attorney / Finance S:\Planning\SHARED\WP\PROJEC S\Seaview Park Club\SPTE OS-003\Agenda Item RequestSeaview Park Club SPTE 08-003 3-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-138 TO: Chair and Members Planning and Develop~nt Board 2;)L--- THRU: Michael Rumpf ~ . Director of Planning and Zoning FROM: Gabriel Wuebben A. W' Planner . DATE: February 1, 2008 PROJECT: Seaview Park Club j SPTE 08-003 REQUEST: Site Plan Extension PROJECT DESCRIPTION Property Owner: Multiple owners (see file)/Landco, LLC Applicant: Jason Mankoff of Weiner & Aronson, P.A. Location: 1620 North Federal Highway (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Special High Density Residential (SHDR - 20 dujac)j Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: No change Proposed Use: Site Plan Time Extension for a 64 unit, three (3) story townhouse project. Acreage: 3.756 acres (163,611.36 square feet) Adjacent Uses: North: To the northwest, developed multi-family rental complex (Manatee Bay) designated Local Retail Commercial (LRC) and Community Commercial (C-3); to the northeast Manatee Bay designated High Density Residential (10.8 dujac) and zoned Multi- family Residential (R-3); South: To the southwest along Federal Highway, existing developed commercial strip center (Yachtsman's Plaza) with a recently-expired development plan for a 61 town home community designated Special High Density Residential (SHDR - 20 du/ac) and zoned Infill Planned Unit Development (IPUD); to the southeast, developed single-family residential (Yachtsman's Cove) designated Low Density Residential (4.84 dujac) and zoned Single Family Residential (R-1-AA); East: Right-of-way for Intracoastal Waterway; and West: Rights-of-way for U.S. 1 and the Florida East Coast Railroad. Page 2 Memorandum No. PZ 07-138 BACKGROUND Mr. Jason Mankoff, representative for Landco, LLC, is requesting a site plan time extension for the construction of 64, three (3) story townhouse dwelling units. This site plan, which called for the construction of four buildings consisting of condominium units, was originally approved by the City Commission on February 15, 2005 along with the corresponding request for land use change and rezoning (LUAR 04-010) to Special High Density Residential (SHDR) land use and Infill Planned Unit Development (IPUD) zoning district. A subsequent minor site plan modification (MMSP 05-023) reduced the overall number of units from 69 to 64, changed the original condominium units to townhouse units, and altered numerous site amenities, including the original location of gym facilities, playgrounds, and recreation facilities. These approvals were valid for one (1) year from the date of approval. A site plan time extension was approved in February of 2006, as the applicant was unable to secure a permit by the expiration date. A second time extension was approved in April of 2007. A third time extension is now requested. If this request were approved, the expiration date would be extended to February 15, 2009. ANALYSIS Landco, LLC is requesting a one (1) year time extension to their previously-approved time extension granted on April 3, 2007. If granted the site plan approval would be extended to February 15, 2009. All project conditions of approval pertaining to the original Site Plan and Minor Modification would still apply. According to the Land Development Regulations, the applicant shall have eighteen (18) months (formerly 12 months) to secure a building permit from the Development Department. It states further that the City Commission may extend the approval for one (1) year provided that the applicant has filed a request for a time extension prior to the expiration of the original approval. In this case, the applicant has met the requirement. The Planning & Zoning Division received the application for a site plan time extension on December 12, 2007, prior to the expiration date. In support of their request, Landco, LLC submitted a list of justifications.. The project was previously being undertaken by Lennar Homes, LLC pursuant to an option agreement. Since the granting of the previous time extension, Lennar withdrew from the project, and Landco, LLC assumed all interests, plans, and approvals for the project. Since July, 2007, Landco has been working to continue development of the site and secure a building permit. However, the applicant has been unsuccessful in securing the building permit. Additionally, the applicant states that they have not had sufficient time to evaluate the project assigned to them by Lennar in light of current market conditions. The applicant believes that a time extension of twelve (12) months will permit the applicant to effectively evaluate the product and secure building permits for the project. The applicant has continued the efforts of the original builder (Lennar) through various commitments to completion. Landco continues to progress toward completion of infrastructure and site work, as well as construction of the dock facilities. General infrastructure work on the site is reported to be almost complete at this time. Additionally, applications for the permits associated with Building #4 were submitted to the City in October of 2007. Fees paid to date to the City of Boynton Beach for these permits total approximately $17,500. The applicant has yet to pay the City's utility reservation fees for sewer and water, but is currently discussing this expense with the Utilities Department. No permits will be issued until the reservation fee has been paid. 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 Page 3 Memorandum No. PZ 07-138 and approval at the time of original site plan 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. The original site plan approval set an original build-out date of 2006. The applicant has since approached Palm Beach County to extend this date, and has been granted a revised build-out date of 2009. The site plan time extension would still be subject to the original conditions of the site plan approval and subsequent minor site plan modification approval. 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 (l)-year time extension of the new site plan (NWSP 04-014) as modified through the Minor Modification approval (MMSP 05-023). This recommendation is based on the "good faith" effort shown to build the project, recent changes in market conditions, the degree of complication attributed to the change in project leadership, and the fact that no changes have been made to the Land Development Regulations that would impact this project since it was approved in 2005. If this request for extension were approved, the expiration date of the application would be extended to February 15, 2009, and all conditions from the original approval and those associated with the minor site plan modification must still be satisfactorily addressed during the building permit process. S:IPlannrngISHAREDlWPIPROJECTSISeeview Park ClublSPTE 06-0031Seevlew Park Club SPTE 08-003 Staff Report.doc Exhibit .IA.. - Site Location Map Seaview Park CI'ub - SPTE 08-003 ~ :r: -I ~ cu Q :! ~ SHORE DR . N 150 75 0 150 300 450 600 W.E ~-- I Feet ~, s EXHIBIT B WEINER&. ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telec:opier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER JASON S. MANKOFF CAROLE J. ARONSON KERRY D. SAFIER December 12, 2007 Via Hand Delivery Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425 Re: Seaview Park Club - Request for Extension Our File No.: JLLCOO2 Dear Mike: This letter is a request for a site plan extension on behalf of our client, Jacksonville Landco, LLC, ("Landco") for the project known as Seaview Park Club ("Project"). The development of the Project was being undertaken by Lennar Homes, LLC ("Lennar") pursuant to an option agreement. The option agreement held by Lennar was terminated as of July, 2007 at which time our client was assigned Lennars interest, plans and approvals for the Project. Since July, 2007, our client has been diligently working to continue development of the site and secure a building permit for the Project. However, it appears that they will not have secured a building permit prior to the expiration of the site plan on February 15, 2008. In addition, they have not had sufficient time to evaluate the product designs assigned to them by Lennar in light of current market conditions. Thus, by this letter we are officially requesting an extension to the site plan for a period of twelve (12) months to allow our client time to effectively evaluate the product and to secure building permits for the Project. Although the original applicant, Lennar, withdrew its involvement with the Project, our client remains committed to moving it forward. The following is a list of accomplishments that demonstrates our client's good faith efforts: ~ Landco continues to work to complete development of the underlying site in preparation for vertical construction, including site work and construction of the dock facilities; O:\JLLC002\Revised letter to Rumpf re extensiqn leqUest.Oec 12. 2007.doc December 12, 2007 EXHIBIT B Page 2 of 2 ~ Applications for Building permits associated with Building #4 were submitted to the City in October 2007; ~ Fees paid to date to the City for the above permits total approximately $17,500; and ~ General infrastructure work on the site is almost complete. Again, our client is committed to completing the development of the Project, but needs additional time to perform an effective evaluation of the market and designed product and to secure building permits for the same. All of this is being done, and a site plan extension is being requested, in order to best ensure the success of the Project. If at all possible, we respectfully request that this extension request be placed on the January 8, 2008 CRA agenda and the subsequent City Commission agenda of February 5, 2008. Enclosed please find a check in the amount of Five Hundred ($500.00) Dollars made payable to the City of Boynton Beach. We understand that the applicant is responsible for the notice requirements. We will fulfill the notice responsibility as required prior to any public hearings. Please confirm with me the respective dates that this extension request will be heard so that I can prepare the appropriate notice. If you have any additional questions regarding the extension request, please feel free to contact me. Very truly yours, /.;;;- ason S. Mankoff JSM:alv Enclosure cc: Mr. Bobby Gardner (via email and regular mail wlo enclosure) Michael S. Weiner, Esquire (w/o enclosure) Ms. Ashlee L. Vargo (w/o enclosure) O:\JLLCOO2\Revised letter to Rumpf re extension requeslDec 12. 2007.doc Jacksonville Landco~ LLC EXHIBIT B 200 S. Orange Avenue, Suite 1900, Orlando, FL 32801 Ph: 407-481-9182 - Fax: 407-849-]496 December 11,2007 Mr. Michael W. Rumpf Director of Planning & Zoning City of Boynton Beach lOO East Boynton Beach Blvd. Boynton Beach, Florida 33425 RE: Seaview Park Club Boynton Beach, Florida Dear Mr. Rumpf, I wanted to provide you with some information about Jacksonville Landco, LLC ("Landco"), the owner of the property known as the Seaview Park Club project (the "Project"). Succinctly, Landco has the requisite expertise and intends to develop the Project. Following is brief description of the company, its current activities with regard to the Project, and a short resume of its partners. By way of background, Landco is an entity that was formed to landbank. residential developments for homebuilders. The partners of Landco are certain principals of The Hutson Companies ("Hutson") and Prager, Sealy & Co., LLC ("Sealy"). Briefly, Hutson has extensive construction and development experience, while Sealy has an extensive real estate ffiance and underwriting background, with a growing base in development. Understanding the risks associated with the real estate market in general, and landbanking in particular, the Landco partners have planned from the start to utilize their combined skills to build out the projects that its client homebuilders have chosen not to complete. Accordingly, since Lennar's departure from the vertical component of the Project, Landco has undertaken the necessary steps to continue the development of the site, and secure a building permit. Landco has not engaged a broker or actively marketed the Project. As you are aware, Landco submitted a building permit package in order to begin construction of the first of four residential buildings currently planned. It has been working with Carr Residential, a south Florida contractor to identify certain components to be incorporated into the proj ect, as well as prepare necessary shop drawings from subcontractors that will be utilized in the construction process. Landco has also engaged Ms. Linda Love of American Realty Consultants to advise it on various aspects of planning and marketing the Project, as well as to provide a current overview of the marketplace. Mr. Michael W. Rumpf EXHIBIT B December 11, 2007 Page 2 of2 Weare seeking a site plan extension for a number of reasons, most notably because additional time is necessary to more effectively evaluate the market and complete planning for a project that will be successful. As stated above, Hutson and Sealy, the partners in Landco have the experience necessary to successfully complete the Project. Hutson brings extensive development and construction experience. Beginning in 1973, D. W. Hutson Construction was a pioneer in the northeast Florida homebuilding industry. With firm roots in the principles of value, convenience and lifestyle, D.W. Hutson Construction brought forth dozens of residential communities, including more than 12,000 homes. Most notably, the firm is credited with the residential development and construction of much of Jacksonville's south Mandarin area. Noted for its environmental sensitivity, exceptional financial strength and its commitment to developing family-friendly communities, The Hutson Companies currently owns and is developing projects in Clay, Duval and St. Johns Counties, with total development rights to over 12,000 single and multifamily homes, as well as over 7 million square feet of commercial, office and industrial space. As a complement to the construction experience of the Hutson side of Landco, the Sealy side brings the underwriting and financing experience of over $5 billion of Florida real estate transactions. In addition, it is currently in the process of completing development of a number of communities and is partners in two residential building operations in Brevard County and Osceola County, Florida The continued development of the Project, including its vertical construction, is consistent with Landco's business plan, as it is consistent with the real estate expertise of the partners within Landco. Recognizing the nuances of the particular Boynton Beach marketplace, Landco has engaged the services of those with localized specialties in order best move forward with the development of the Project. Weare available to answer whatever questions may arise in this regard, and look forward to meeting with whomever might be posing them. In the meantime, should you require additional information, please do not hesitate to contact me. --....._,. EXHIBIT "e" Conditions of Approval Project name: Seaview Park Club File number: SPTE 08-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. The applicant is to pay all utility reservation fees (water and sewer) before X permit issuance. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X I Seaview Park Club SPTE 08-003 Conditions of Approval Page 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 2. The time extension is subject to the original Conditions of Approval. X 3. Prior to issuance of a building permit, the applicant shall submit an updated X traffic concurrency letter from Palm Beach County. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Seaview Park Club APPLICANT'S AGENT: Mr. Jason Mankoff for Weiner & Aronson - Landco, LLC APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008 TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64, three (3) story townhouse units on 3.756 acres in the IPUD zoning district. LOCATION OF PROPERTY: 1620 North Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, 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 Applica~t's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:IPlanningISHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\Seaview Park Club DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 4. Approval of Minutes of January 22, 2008 meeting. Motion Mr. Myott moved approval of the minutes. Vice Chair Saberson seconded the motion that passed unanimously. s. Communications and Announcements. A. Planning and Zoning Report. 1. Final disposition of the January 22, 2008 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, reviewed the disposition of items previously heard by the board on February 19, 2008, and reported the City Commission approved the following: . Site plan time extension for "The Learning Place," a day care facility located on Lawrence Road, just north of Gateway Boulevard. The project was approved for a one-year time extension. . Request for a master plan modification of Heatherlake of the Meadows P.U.D., to reduce the rear yard setback for construction of screened roof enclosures, and to reduce the rear yard setback for pools along lakefronts. 7. New Business A. Seaview Park Club Site Plan Time Extension 1. PROJECT: Seaview Park Club (SPTE 08-003) AGENT: Jason Mankoff of Weiner & Aronson, P.A. OWNER: Jacksonville Landco, LLC LOCATION: 1620 North Federal Highway DESCRIPTION: Request for a third one (1) year site plan extension for the construction of 64 three (3) story townhouse dwelling units, approved on February 15, 2005, thereby further extending the second site plan time extension approval from February 15, 2008 to February 15, 2009. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf, advised the request was for a third time extension for the site plan approved on N. Federal Highway, originally brought forth by Lennar Builders. The project was subsequently taken over by a new developer and consisted of approximately 3.5 acres of land east of U.s. 1, with Intracoastal Waterway frontage. The project was originally proposed as a condominium development and was subsequently modified to a townhouse-style development. The board reviewed the project, recalling the extensive review process and negotiations with adjacent property owners who were concerned with the contrasting densities proposed and the abutting single-family neighborhoods. The plan implemented the City's Infill Planned Unit Development (IPUD) zoning district with redevelopment density promoted at "20." Additional buffering was required and recommendations relating to the design were intended to bring down the scale of the project. Design changes were made to the facade, making it much more compatible, and significantly reducing the number of units. The delays experienced were due in large measure to current market conditions, as well as the transition to a new owner. Staff supported the application and recommended it be approved. Michael Weiner, 209 N. Seacrest Boulevard, advised he was appearing on behalf of Jacksonville Landco, LLC, with regard to Seaview Park Club. The project was located in the CRA district, on the east side of Federal Highway. There were challenges, but they were able to develop a site plan which he believed met all the necessary requirements. Mr. Weiner believed the IPUD type of zoning provided the flexibility necessary for compatibility with apartment dwellings on one side of the project, single-family houses on the other side, and commercial projects along Federal Highway. The project was originally approved on February 15, 2005. Various modifications included a reduction in density from 69 to 64 units per acre. Extensions of approval had been granted through February 15, 2008. The appropriate application was made with regard to the current request for an additional extension and, if granted, would be extended to February 15, 2009. Mr. Weiner distributed a booklet (a copy of which is on file in the City Clerk's office) which reflected the current development, a timeline demonstrating the tasks accomplished on the project, and the fees paid to the City in pursuing the necessary tasks and permits. On February 15, 2008, the last day of the previous extension, the developer was able to pull a vertical permit for building #4. Since the issuance of the permit, Mr. Weiner believed the developer was fully vested, but was desirous of moving forward with the requested extension. Chair Jaskiewicz noted the witnesses had not been sworn in. Attorney Alexander administered the oath to everyone that already had, or would be providing testimony. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Weiner continued his comments. He contended, regardless of the interpretation applied to vesting, the project met the standards required under the local Code. Additionally, Jacksonville Landco had considered its responsibility to both the City and the neighbors in putting in the infrastructure, paying the fees and pursuing the project. They believed the 12-month extension was appropriate, and requested the board's favorable recommendation to the City Commission. The parties were in agreement with the original conditions of approval. Chair Jaskiewicz invited public comments. Harry Woodworth, 685 NE 15th Place, (the property at the east end immediately adjacent to the park), advised he was one of 16 neighbors that originally negotiated with the previous applicant, and supported the new applicant's request for an extension. No one having come forward, public comments were closed. Motion Vice Chair Saberson moved to approve staff's recommendation. Ms. Grcevic seconded the motion that passed unanimously. B. Sunshine Square Conditional Use/Major Site Plan Modification 1. PROJECT: Sunshine Square (COUS 08-001) (MSPM 08-002) AGENT: Arianne Nielsen, Land Design South OWNER: Woolbright Sunshine, LLC LOCATION: Sunshine Square Shopping center (southwest Corner of the intersection of Federal Highway and Woolbright Road) DESCRIPTION: Request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation/relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. 4 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 December 18, 2007 December 3,2007 (Noon) D February 19,2008 February 4, 2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January IS, 2008 December 31,2007 (Noon) [:8J March 18, 2008 March 3, 2008 (Noon) D February 5, 2008 January 14, 2008 (Noon) D April I, 2008 March 17,2008 (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 Unfmished Business [:8J Public Hearing D RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on February 26, 2008, recommended that the request be apgove~ ~ For further details pertaining to this request, see attached Department Memorandum No. 08-014. 0:> ~~ "T1 :j M -c CD n"T1 N r- 'Co CO C']o EXPLANATION: ::~i~ PROJECT: Sunshine Square (ZNCV 08-002) J> (.l)~ ::E: c AGENT: Arianne Nielsen, Land Design South 0- V? ,,- OWNERS: Woolbright Sunshine, LLC "CD LOCATION: Sunshine Square Shopping Center (southwest comer ofthe intersection of FedeBQ - f'T1 CJ:> Highway and Woolbright Road) f"l'lC'") ::c DESCRIPTION: Request for variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.), requiring 749 parking spaces, to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. PROGRAM IMP ACT: FISCAL IMPACT: ~ AL TERNATIVES: Devel City Manager's Signature Assistant to City Manager ~ ....-;7 . . &~ Planning and Zonin ector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS unshine Square\MSPM 08-002 CO US 08-001ZNCV 08-002\ZNCY for Parking\Agenda Item Request Sunshine Square ZNCV (08-002) 3-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-014 STAFF REPORT TO: Chair and Members Planning & Development ~ard and City Commission /' ...~ THRU: Michael W. Rumpf ~u. . Planning and Zoning Director FROM: Kathleen Zeitler ~-z-, Planner DATE: February 15, 2008 PROJECT NAME/NO: Sunshine Square / ZNCV 08-002 REQUEST: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.), requiring 749 parking spaces, to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. PROJECT DESCRIPTION Property Owner: Woolbright Sunshine, LLC Applicant! Agent: Arianne Nielsen, Land Design South Location: Southwest corner of the intersection of South Federal Highway and Woolbright Road (see "Exhibit A" - Location Map) Acreage: 628,135 square feet / (14.42 acres) Proposed Use: 1,436 square foot drive-through restaurant, 4,280 square foot financial institution (bank), (COUS 08-001 / MSPM 08-002) Zoning District: Community Commercial (C-3) Adjacent Uses: North: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU- L Mixed Use-Low Intensity, currently being developed as Las Ventanas, a mixed use project. Northeast: Approximately 0.48 acre property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial; South: To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, and south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial; Staff Report Memorandum No PZ-OB-014 Page 2 East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center; and West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities classified Public and Private Governmental/ Institutional and zoned PU Public Use. BACKGROUND Ms. Arianne Nielsen, Land Design South, agent for property owner Woolbright Sunshine, LLC is seeking zoning code variance approval of 72 parking spaces, from 749 spaces (required) to 677 spaces (provided), to allow construction and renovations to the existing Sunshine Square shopping center (CGUS 08-001, MSPM 08-002). The subject property is located at the southwest corner of Woolbright Road and Federal Highway in the C-3 (Community Commercial) zoning district. The proposal includes conditional use approval for a drive- through restaurant and the following site plan modifications: to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation / relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. The existing shopping center (Phase 1) was constructed approximately 44 years ago, and based on the uses which included a theatre, it did not comply with current parking requirements: the 1986 site plan (Exhibit"B'') indicates a total of 623 spaces were required for Phase I, and only 379 spaces were provided (a deficit of 244 spaces). In 1986 the Publix store was proposed as Phase II. The 1986 site plan indicates a total of 200 spaces were required for Phase II, and a total of 372 spaces were provided (an extra 172 spaces), in an attempt to reduce the parking deficit for Phase I (from a deficit of 244 spaces to a deficit of 72 spaces). Staff researched records for a variance to the number of parking spaces at Sunshine Square and has found none. The movie theatre use on the previous plan required substantially more parking than the retail shopping center. A shopping center requires one (1) parking space per 200 square feet of leasable gross floor area, whereas a movie theatre requires one (1) parking space per four (4) seats, but not less than one (1) parking space per 100 square feet of gross floor area. As this space is no longer used as a movie theatre, the current required parking for the shopping center would be calculated at one (1) space per 200 square feet of leasable gross floor area (per Sec. 11.H.16.d.2 of the LOR). Based on the total building area for the shopping center at one (1) space per 200 square feet, a total of 749 parking spaces are required. The proposed site plan (Exhibit "c'') provides a total of 677 parking spaces, maintaining the existing parking deficit of 72 spaces. The proposed site plan modifications have been designed to upgrade the existing shopping center to several current code requirements for traffic and pedestrian circulation, accessibility, and landscaping. Through the proposed renovations to the site, the applicant has replaced parking to the greatest extent possible, but was not able to eliminate the parking deficit due to the constraints presented by the existing site features. Therefore, the applicant is requesting a variance to reduce the required parking by 72 spaces. ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a. - g. below (see Exhibit "0''). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district Staff Report Memorandum No PZ-08-014 Page 3 Special conditions and circumstances do exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The property is currently developed as a shopping center with an existing parking deficit of 72 parking spaces. The applicant's justification explains their intent is to allow the property owner to preserve the existing shopping center while permitting renovations to the existing buildings and to relocate a portion of the existing square footage from the vacated movie theatre to provide a bank. Special circumstances are created through the site constraints presented by redevelopment of an existing building layout and the existing parking deficit. The proposed updates to the affected area of this antiquated shopping center include reallocation of 4,280 square feet and parking lot reconfiguration. The proposed improvements to upgrade the shopping center have been designed to comply with current land development regulations for traffic and pedestrian circulation, accessibility, and landscaping, while not adding building square footage or increasing the existing parking deficit. b. That the special conditions and circumstances do not result from the actions of the applicant. Based on the previously approved site plan for Sunshine Square, a deficit of 72 parking spaces currently exists on site, and are not the result of actions of the applicant. The shopping center is antiquated and in need of an update to bring it more into conformance with current regulations. The oroposed renovations to the shoooinQ center do not include any additional building square footage; a total of 4,280 square feet of existing retail is to be demolished and reallocated for the proposed bank. Existing parking spaces are to be reconfigured to accommodate the updated design in the affected area of the site. The proposed update to the shopping center provides for improved traffic and pedestrian circulation, accessibility, and landscaping, but due to the existing constraints the applicant could not eliminate the parking deficit. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The applicant has stated that the granting of this variance request will not confer any special privilege, and that it would not be disruptive to the surrounding area. Other variances to reduce the required number of parking spaces for shopping centers have been previously approved in the C-3 zoning district (i.e. Boynton Lakes Plaza and Catalina Center). The proposed parking lot improvements and number of parking spaces appear to adequately accommodate the existing and proposed uses on site. Granting of this variance will permit the existing shopping center to be renovated and continue its current commercial uses. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the code would result in undue hardship on the applicant as it would prevent renovation of the site and restrict the functions of the shopping center, or it would require a large scale redevelopment of the property requiring demolition of existing building square footage to meet the parking requirements. The existing shopping center site plan has a parking deficit of 72 parking spaces, and the applicant is not proposing to increase the parking deficit or the total building square footage on site. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. --...-".- ,-- Staff Report Memorandum No PZ-08-014 Page 4 The requested variance is the minimum variance that will make possible the reasonable use of the existing shopping center. The applicant states they have made every effort to upgrade the site as much as possible within the parameters presented by the existing site plan configuration. The . proposed site plan intends to preserve the existing commercial uses and renovate the existing shopping center, and reconstruct relocated square footage for a proposed bank. In order to comply with staff comments which were intended to provide for improved traffic and pedestrian circulation, accessibility, and landscaping, the applicant had to delete some existing parking spaces. Additional spaces were lost when the site plan layout for the proposed bank had to be revised to comply with the front setback of less than 15 feet required by the Urban Commercial District Overlay Zone. The proposed site plan modifications have been designed to replace parking spaces lost, and upgrade the existing shopping center to comply with current codes to the greatest extent possible. No additional square footage to the shopping center is proposed. The proposed site plan revisions increase the functionality, circulation, and aesthetics of the property, while not expanding the existing parking deficit. In addition, a variance to correct the existing parking deficit would not have been required for this site, had the applicant not requested the conditional use for a drive-through restaurant and a major site plan modification (see COUS 08-001jMSPM 08-002). f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the publiC welfare. Granting of the variance will be in harmony with the general intent and purpose of the code and will not be injurious to the area involved or otherwise be detrimental to the public welfare. The subject property is located in Planning Area IV of the Federal Highway Corridor Community Redevelopment Plan. This important commercial node is accessible from 1-95 and provides a gateway into the downtown. Development standards have been adopted to create a sense of place, reduce the blighted appearance, and enhance the aesthetic appeal of the Federal Highway Corridor. The proposed update of Sunshine Square incorporates many of these development standards by providing an improved signalized intersection and vehicular circulation, improved pedestrian access, relocation of parking away from Woolbright Road, and the addition of parking lot and perimeter landscaping. The proposed site improvements do not propose additional building square footage. The applicant has noted that site constraints and compliance with current regulations make it difficult to reduce the existing parking deficit, without reducing existing building square footage on site. The applicant indicates that through the proposed revisions to the site plan they have made every effort to bring the site into conformance with City regulations, resulting in a safer and more clearly defined vehicular and pedestrian environment and improved project aethetics. As such the general intent of the code has been met and the variance would not be considered to be detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Since the request is for relief from the parking regulations, this particular criteria is not applicable. RECOMMENDATION Based on the analysis contained herein, staff recommends approval of the requested variance to reduce the number of required parking spaces. Staff concurs with the applicant that special conditions and circumstances exist that are not the result of actions by the applicant, and staff finds that a "hardship" exists. Staff Report Memorandum No PZ-08-014 Page 5 This request will not be injurious or detrimental to the area and will result in a safer and more clearly defined vehicular and pedestrian environment with improved project aethetics. Staff therefore recommends that the request for a reduction of 72 parking spaces be approved. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval. 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'ij' i ~::!:! ~t~I!!Jn!:! ~ ~ p Z ~ ~ ~ ~ ~. , ~ ~~~~~~i ~ ~:.z~.... z,"" "::,,,~," SUNSHINE SQUARE ;:-::Bv~~ -~ ~"z~::.~ .,'..::.,~(_,. i.;: Boynton Beach, Florida l~51 Forum Place :p.._~~ e.A... H. u. Z"j..o!{ u..\'[", 1'........ ~.>J. ~~~~ ~c:?: Beach F fonda 3340' ....,~~' ,,",oIC',. Site P1a~ilJlnd..~apePlan , 130516895522 c n ..:.0: -~~~~ , "_ .- " '! ';t, "~ - ~.,,,: .w.tf.";'\!~... iI- "":;j,7.'~'<ii. '1',.;1"-; A;;;,i;'..,,;.'i' EXHIBIT "e" PROPOSED SIT PLAN ! I I I -- i -- I -- I -- I W: -- -/___ I ' J ! ! I ! I '~ i ! I ! ' . 'r . i~H~ G I i!! ~ ! i~ I ~ ,~ i ~ !~ ' ~ I m I n I Ii I ,I I ~ I I !E I I !! I I I ' I !i , I I I ,I I ! , II I I ! I i I I I .Hl 1\1 !~ 7~ia~ G ''''1 I~ 'f ! . I~ ! i i ,m I~ ( f ;; I r z Q ~ i!~f ~ ~ ~ ! l ~ ! r i ) = ~ i 8l ~ I "I 2 , E I i I ---'~zf/f; _ i!. !! -. -'.-." , '-'r ,c. 'I ~i - - I SClI.JrHFeoev.t.IiGHNAY .,----------~---s~~;;;~~~--=-----_: ,- .-: l! I :::::. c:::c: - Irfli I III rr- I 1 i I I I I I .1 i I I I I"I"! l !llIlIilli LAND. .'p ;lj ~ . ~ J: DESIGN Vl~ ~ I ~ ~M~~~i SUNSHINE SQUARE :-c !!l ~ is ~g~~Q~. ~ PREPARED FOR WOOLBRIGHT SUNSHINE LLC SOUTH ' ~ I' c I'~!~ h~ ;t: ~~ni 0 CITY OF BOYNTON BEACH, FLORIDA . j ~. ~ ,U j !"~ Planning I landscape ArchItecture Environmental Services I Transportation ~ 1'Ol~kW..,t:IrIrM,S_100'W"'''''"''->CtI,FlUolO9 1~,Ul""H501 .~.ul"'7_11 EXHIBIT "0" LAND. Planning - Landscape Architecture DESIGN Environme~tal Services Transportation SOUTH 561-476-8501 . FAX 561-478-5012.2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409 Justification Statement Sunshine Square Approval of a Parking Variance Resubmitted February 5, 2008 Resubmitted February 12, 2008 On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following: . Variance request to permit a reduction in required parking Variance Reauest The applicant is requesting a variance from Land Development Regulations Chapter 2, Section 11.H.16.d.2 which requires one parking space per 200 square feet of Commercial Shopping Center space. The applicant is requesting a variance from this requirement due to the fact the existing shopping center on the property has a parking deficit of 72 parking spaces. Through the proposed renovations to the site, the applicant has reduced the parking deficit to the greatest extent possible, but was not able to entirely eliminate the parking shortage due to the constraints presented by the existing site features. As further background, in regards to the provided parking, the May 21, 1986 approved site plan indicates 823 required parking spaces and provides 751 parking spaces resulting in a parking deficit of 72 parking spaces. The proposed site plan modifications have been designed to upgrade the existing center to several current code requirements for traffic and pedestrian circulation, accessibility, and landscaping, while not increasing the parking deficit. At the time of the original site plan approval a portion of the shopping center was utilized as a movie theatre, which required a higher percentage of parking than an average shopping center use. As this space is no longer utilized as a movie theater the applicant adjusted the required parking numbers accordingly, resulting in a requirement of 749 parking spaces for the property. The proposed site plan provides 677 parking spaces, thus maintaining the existing parking deficit of 72 spaces. In addition to this reduction, the applicant is currently preparing for future renovations to the existing grocery store within the shopping center. As part of these renovations, the applicant is currently proposing the acquisition of an adjacent parcel of land which would permit additional parking to be provided for the Shopping center and aid in reducing the parking deficit. As required by the Code Variance Application, the justification and assessment of the existing conditions of the site are as follows: A. Special conditions and circumstances exist peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district - Special conditions and circumstances exist on the property as the property is currently developed as a shopping center with an existing parking deficit of 72 parking spaces. The intent of this application is to allow the property owner to preserve the existing shopping center while permitting renovations to the existing buildings and relocation of a portion of the existing square footage from the vacated movie theatre to provide for a . . -financiar institutiofl. As the appli~t is preserving the existing uses 'on site, a special circumstance is created as the constraints presented by the existing site plan configuration Sunshine Square Page 1 February 12, 2008 and the existing parking deficit must be taken into consideration. B. Special conditions and circumstances do not result from the actions of the applicant - The above mentioned special conditions are not the result of the applicant as the site is currently developed as a shopping center with an existing parking deficit of 72 parking spaces. The applicant has made several revisions to the site plan to improve traffic circulation, pedestrian circulation, accessibility, and landscaping, but due to the existing constraints could not eliminate the parking deficit. C. Granting of variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings, or structures in the same zoning district _ Granting of this variance will not confer upon the applicant any special privileges but will permit the existing shopping center to be renovated and continue its current commercial uses. D. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant - Literal interpretation of this chapter would result in undue hardship on the applicant as it would restrict the function of the existing shopping center. As mentioned previously, it is the applicant's intent to maintain the existing buildings, while providing building renovations and overall site upgrades to revitalize and enhance the existing shopping center. Strict application of this code section would prevent renovation of the site and would create undue hardship as it would require large scale redevelopment of the property to meet the code requirement. As mentioned previously the existing shopping center site plan has a parking deficit of 72 parking spaces which the applicant is not proposing to increase. E. Granted variance is the minimum variance that will make possible the reasonable use of the land, building, or structure - The requested variance is the minimum variance with will make possible the reasonable use of the existing parking center. The applicant has made every effort to upgrade the site to the greatest extent possible within the parameters presented by the existing site plan configuration. Through these efforts several improvements have been made to increase the functionality, circulation and aesthetics of the property: while not expanding the existing parking deficit. F. Granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare - Granting of this. variance meets the intent of the code and will not be injurious to the public welfare. Through the proposed site plan revisions, the applicant has strived to meet all requests by city staff and made every effort to bring the site into conformance with the City of Boynton Beach Code of Ordinances. Overall, these revisions have resulted in a safer and more clearly defined vehicular and pedestrian environment, and provided improved project aesthetics. As such the general intent of the code has been met and variance is not considered to be detrimental to the public. G. Variances to minimum lot area or lot frontage requirements, that property is not available. from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property - The variance the applicant requests does not pertain to minimum lot area or lot frontage requirements. . 4 . << - , - ~ . 'C - . . Sunshine Square Page 2 February 12, 2008 Conclusion The proposed site plan modification and requested variance is considered to be consistent with the nature of surrounding development and is suitable to the site context, being in close proximity to service infrastructure, is compatible with surrounding developments and will provide for and better the surrounding community. Accordingly, it is considered that the proposal is in the public interest and the Petitioner respectfully requests approval of the site plan modification, conditional use, variance, and waiver application. . P:\247\247.14\LDS Documents\Submittal Documents'Justification Statement\2008-02-13_ Variance Justification Statement_247.14.doc - - . - -. . .~ - , - Sunshine Square Page 3 February 12, 2008 EXHIBIT "E" Conditions of Approval Project name: Sunshine Square File number: ZNCV 08-002 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: None X Conditions of Approval Page 2 of2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: -- None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I II S:\PJanning\SHAREDlWPIPROJECTS\Sunshine Square\MSPM 08-002 COUS 08-00 I IZNCY for Parking\COAdoc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sunshine Square APPLICANT'S AGENT: Arianne Nielsen, Land Design South AGENT'S ADDRESS: 2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.), requiring 749 parking spaces, to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach 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\Sunshine Square\ COUS 08-001 MSPM 08-002\ZNCV for Parking\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 With regard to the Sunshine Square project, the board agreed to discuss the Conditional Use/Major Site Plan Modification and Zoning Code Variance requests jointly, but would vote upon the requests individually. Chair Jaskiewicz noted she met briefly with the applicant at City Hall regarding the project. She had not seen the project but was aware of what they would be requesting in order to complete the project. Mr. Lis, Ms. Killian, Mr. Barnes and Mr. Myott also disclosed that they had conversations with the applicant. Kathleen Zeitler, City Planner, reviewed the request as set forth in the staff report. A total of 4,280 square feet of existing retail space located at the southwest corner of Building "A" would be demolished, and the square footage reallocated for the proposed bank. An existing bank building of 1,436 square feet would be converted to a drive- through restaurant use. The proposed major site plan modifications did not include any additional building square footage. A minor site plan modification was recently approved to upgrade the Sunshine Square Shopping Center, including the building facades and new landscaping. Staff had evaluated the conditional use criteria, which included: . Vehicle and pedestrian access and circulation affects on adjacent properties . Parking, loading and service areas . Utilities, screening, buffering and landscaping . Signs, exterior lighting, required setbacks and compatibility with adjacent properties; and . Building height Based on the project's compliance with the conditional use standards detailed in staff's report, staff recommended the conditional use be approved with the recommended conditions from staff. Sunshine Square Zonina Code Variance 2. PROJECT: Sunshine Square (ZNCV 08-002) AGENT: Arianne Nielsen, Land Design South OWNER: Woolbright Sunshine, LLC LOCATION: Sunshine Square Shopping Center (southwest 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 corner of the intersection of Federal Highway and Woolbright Road) DESCRIPTION: Request for variance approval for relief from The City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11.H.16.d(2)., requiring 749 parking spaces, to provide 677 parking spaces; a variance of 72 parking spaces, to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. Ms. Zeitler reviewed the request as set forth in the staff report. The previously approved site plan from 1986 indicated the shopping center had a deficit of 72 parking spaces. The proposed site plan modifications had been designed to upgrade the shopping center to several Code requirements for traffic and pedestrian circulation, accessibility and landscaping. Pursuant to the proposed renovations to the site, the applicant had replaced parking to the greatest extent possible, but could not eliminate the existing parking deficit as a result of the site constraints. Staff had evaluated the requested variance to the standards which included whether special conditions existed, whether they were the result of the actions of the applicant and whether the variance would be in harmony with the general intent and purpose of the Code. Staff found special conditions existed that were not the result of the applicant's actions and constituted a hardship. The project would result in a safer and more clearly-defined vehicular and pedestrian environment with improved project aesthetics. Based on the analysis detailed in staffs report, staff recommended approval of the requested variance. Bob Bentz, Land Design South, represented Woolbright Sunshine, LLC with regard to the requests set forth above. The shopping center, which consisted of 14.5 acres, was recently purchased by Woolbright, and was being renovated, reconfigured and re- landscaped. The conditional use approval was for the drive-through restaurant. He provided an overview of the site plan. The existing retail center was part of the old cinema which was being demolished to allow for the construction of a 4,200 square-foot financial institution with an associated drive-through, and would be adjacent to Woolbright Road. A modification was proposed to the existing bank located along Woolbright Road, a 1,400 square foot building to be converted into a Starbucks fast- food restaurant with one drive-through, located on the north side of the building. The entryway into the site and much of the interior circulation on the property had been reconfigured. The entryway would be realigned with the proposed development to the north, which was undergoing site work and land development. The pedestrian and access points on the property were modified and included additional connections to 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Woolbright Road and Federal Highway. The developer had already removed most of the building facade along Woolbright Road and would be renovating the architectural design of the buildings. He provided an overview of the site plan, a copy of which is on file in the City Clerk's office. The request for a variance included a reduction from the required 749 parking spaces to roughly 677 parking spaces. A deficit of 72 parking spaces currently existed, which would remain after the reconfiguration of the property and relocation of the overall square footage to the site. Mr. Bentz noted the presence of Arianne Nielson of Land Design South and John Wainwright of Woolbright Sunshine, LLC. He also noted the developers had secured a committed lease from Starbucks. Chair Jaskiewicz called for public comments. No one having come forward, public comments were closed. The board noted as follows: The references to a drive-through restaurant pertained to Starbucks; the number of parking places were in existence as of the inception of the project, and the square footage had not changed. The board believed the current development plan was superior to the original plan submitted and was a welcomed change to a depressed area. Mr. Bentz provided a survey of the property which reflected the existing configuration of the building. There was no parking up against the railroad track in that location. A portion of the building, roughly 4,200 square feet, was being eliminated, and the new bank facility was being constructed on Woolbright Road. Phase 2 of the development included improvements to the Publix area. It was hoped some of the entrances to the Publix area would be reconfigured, as this had been a concern of residents for years. Mr. Bentz also indicated changes would be implemented to Starbuck's driveway, including a bypass lane in order to improve traffic patterns. Mr. Bentz indicated the parties were in agreement with the staff report and all 36 conditions of approval. Motion Mr. Myott moved to approve the conditional use, major site plan modification for Sunshine Square, approve the request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; and reallocate and relocate existing square footage on site to construct a bank of 4,280 square feet, and related 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 parking lot improvements, subject to staff comments. Mr. Lis seconded the motion that passed unanimously. Motion Mr. Myott moved to approve the Zoning Code variance for Sunshine Square for relief from the City of Boynton Beach Land Development Regulations, Chapter 2., Zoning, Section 11.H.16.d.(2.), requiring 749 spaces, to provide 677 parking spaces, a variance of 72 spaces to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district. Mr. Lis seconded the motion that passed unanimously. C. Brick House Billiards Conditional Use 1. PROJECT: Brick House Billiards (COUS 08-002) AGENT: Michael MacMullen OWNER: Michael MacMullen LOCATION: Boynton Lakes Plaza, 4760 N. Congress Avenue DESCRIPTION: Request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall within an existing commercial plaza zoned C-3, Community Commercial. Gabriel Wuebben, Planner, reviewed the request as set forth in the staff report. The applicant was seeking conditional use approval for an existing 3,300 square foot billiards hall within the Boynton Lakes Plaza at the southeast corner of N. Congress Avenue and Hypoluxo Road. The existing establishment functioned as a billiards hall with one dozen pool tables, and provided beer and wine service. The applicant was pursuing a liquor license which, according to the Land Development Regulations, Chapter 2, Section 6.C, would increase the function of the bar into a full accessory use. The billiards table was permitted outright within the C-3 Community Commercial zoning district. However, with the beer and lounge accessory use, the establishment was required to go through the conditional approval use process. As a conditional use, staff had reviewed the project with respect to ingress and egress, off-street parking, refuse and service areas, utilities, screening, buffering, landscaping, and signs. The functions of Brick House Billiards would not change as a result of this application. It would simply provide for the addition of liquor to the menu, with no major alterations or changes to any of its functions. 8 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 December 18, 2007 December 3, 2007 (Noon) D February 19.2008 February 4, 2008 (Noon) D January 2, 2008 December] 7,2007 (Noon) D March 4, 2008 February 19,2008 (Noon) D January 15.2008 December 31, 2007 (Noon) [g] March 18.2008 March 3, 2008 (Noon) D February 5, 2008 January 14.2008 (Noon) D April I, 2008 March 17,2008 (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 [g] Public Hearing D C') RECOMMENDATION: Please place this request on the March 18,2008 City Commission Agenda unde65 :::?:~ Public Hearing. The Planning and Development Board on February 26,2008, recommended that the request be ap~oveCto For further details pertaining to this request, see attached Department Memorandum No. 08-003. co ;:].." N ~g; co :;'0 -< =':z :z:". u) --< EXPLANATION: ::I: o~ PROJECT: Sunshine Square (CODS 08-001) (MSPM 08-002) V? ~co AGENT: Arianne Nielsen, Land Design South en c=; ~ OWNERS: Woolbright Sunshine, LLC f"T1~ LOCATION: Sunshine Square Shopping Center (southwest comer of the intersection of Federal Highway and Woolbright Road) DESCRIPTION: Request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation / relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. PROGRAM IMP ACT: FISCAL IMPACT, i. ALTERNATIVES: ~'c..m City Manager's Signature Assistant to City Manager ~ /' L-v. Planning and Zonin City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS unshine Square\MSPM 08-002 CO US 08-001ZNCV 08-002\Agenda Item Request Sunshine Square COUS 08-001 MSPM 08-0<f.Z 3-18-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-003 STAFF REPORT TO: Chair and Members Planning and De:elopm-soard and City Commission THRU: Michael Rumpf ~ l,J. Planning and Zo ing Director FROM: Kathleen Zeitler ~ Planner DATE: February 19, 2008 PROJECT NAME/NO: Sunshine Square / COUS 08-001 / MSPM 08-002 REQUEST: Conditional Use approval for a 1,436 square foot fast-food restaurant with a drive- through lane, and major site plan modification approval to construct a 4,280 square foot bank and other related site improvements. PROJECT DESCRIPTION Property Owner: Woolbright Sunshine, LLC Applicant: Woolbright Sunshine, LLC Agent: Arianne Nielsen, Land Design South Location: Southwest corner of the intersection of South Federal Highway and Woolbright Road (Exhibit "A") Existing Land Mixed Use (MX) / Community Commercial (C-3) Use/Zoning: Proposed Land No change proposed Use/Zoning: Proposed Uses: 1,436 square foot drive-through restaurant, 4,280 square foot financial institution (bank) Acreage: ::!:14.42 acres Adjacent Uses: North: Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Las Ventanas, a mixed use project. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Staff Report - Sunshine Square COUS 08-001/MSPM 08-002 Page 2 Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. South: To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip commercial shopping plaza, and south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial; East: Right-of-way of South Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center; and West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities classified Public and Private Governmental! Institutional and zoned PU Public Use. PROPOSAL Mrs. Arianne Nielsen with Land Design South, agent for property owner Woolbright Sunshine LLC, is seeking conditional use / major site plan modification approval for the existing Sunshine Square shopping center. The proposal includes conditional use approval for a drive-through restaurant (Starbuck's) and the following site plan modifications: to convert an existing 1,436 square foot freestanding bank building (located adjacent to the gas station and fronting on Woolbright Road) for the drive-through restaurant; reallocation / relocation of existing retail square footage on site to construct a new freestanding bank building of 4,280 square feet (to be located west of the proposed drive-through restaurant and fronting on Woolbright Road); and related parking lot improvements. BACKGROUND The Sunshine Square shopping center, which encompasses 14.42 acres at the southwest corner of Woolbright Road and South Federal Highway, was constructed approximately 44 years ago. The site plan submitted indicates the existing shopping center currently consists of 148,200 square feet of retail space (Buildings "A" - "C"), and 1,436 square feet of bank space (Building "D"), for a total existing building area of 149,636 square feet. The proposed major site plan modifications do not include adding building square footage. A total of 4,280 square feet of existing retail space located at the southwest corner of Building "A" will be demolished, and the square footage reallocated to the proposed bank. In addition, an existing bank building of 1,436 square feet will be converted to a drive-through restaurant use. A minor site plan modification was recently approved to upgrade the Sunshine Square shopping center, including building facade improvements and new landscaping. In 2006, the subject site was approved for a large-scale mixed use development known as the Ellipse project, and was rezoned from Community Commercial (C-3) to Mixed-Use Low Intensity 3 (MU-L3). Due to the downturn in the residential real estate market, the property was sold and the site plan approval for the Ellipse project expired. On January 2, 2008 the City Commission reverted the MU-L3 zoning of the subject property to C-3 to allow the existing shopping center to be repaired, maintained, and expanded (Ordinance 07-041). The City plans to transmit a request to the Florida Department of Community Affairs (DCA) for a large-scale future land use amendment to revert the Mixed Use (MX) classification of the subject property to Local Retail Commercial (LRC), consistent with the C-3 zoning of the subject property. Staff Report - Sunshine Square co US 08-001/MSPM 08-002 Page 3 STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or subject to conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The survey shows a total of six (6) existing driveway openings to the subject property allowing for vehicular ingress/egress. No new access points are proposed. Three (3) of the existing driveway openings are located on Woolbright Road and consist of a service drive with right-in/right-out access, a signalized driveway that is currently the main access point from Woolbright Road, and the easternmost driveway located between the proposed uses. The proposed site plan modifications include relocating the traffic signal to the access drive located between the proposed bank and drive-through restaurant. This access drive would become the shopping center's main access from Woolbright Road and would be aligned with the access drive to Las Ventanas on the north side of Woolbright Road, and include pedestrian crosswalks and sidewalks. The current main access drive would become a right-in/right-out only access with no signalization. The two (2) existing driveway openings located on South Federal Highway consist of a signalized driveway that is the main access from South Federal Highway, and a service drive with right-in/right- out access. The proposed site plan modifications include the addition of a pedestrian crosswalk with contrasting paver bricks at the main access from South Federal Highway. Lastly, one (1) existing access drive from SE 18th Avenue would provide access to the shopping center from the south. Several improvements to the site are proposed, such as widening of the existing north/south main access aisle to improve traffic flow; relocating the main access from Woolbright Road to a more central signalized location that is aligned with the development to the north; re-striping the parking lot and enclosing all dumpsters; providing pedestrian crosswalks with paver bricks throughout the shopping center; and ensuring that all pedestrian and vehicular pavement markings and signage are present for safety and convenience. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Staff Report - Sunshine Square COUS 08-001/MSPM 08-002 Page 4 The existing shopping center (Phase 1) was constructed approximately 44 years ago, and based on the uses which included a theatre, it did not comply with current parking requirements: the 1986 site plan indicates a total of 623 spaces were required for Phase I, and only 379 spaces were provided (a deficit of 244 spaces). In 1986 the Publix store was proposed as Phase II. The 1986 site plan indicates a total of 200 spaces were required for Phase II, and a total of 372 spaces were provided (an extra 172 spaces), in an attempt to reduce the parking deficit for Phase I (from a deficit of 244 spaces to a deficit of 72 spaces). Staff researched records for a variance to the number of parking spaces at Sunshine Square and has found none. The movie theatre use on the previous plan required substantially more parking than the retail shopping center. A shopping center requires one (1) parking space per 200 square feet of leasable gross floor area, whereas a movie theatre requires one (1) parking space per four (4) seats, but not less than one (1) parking space per 100 square feet of gross floor area. As this space is no longer used as a movie theatre, the current required parking for the shopping center would be calculated at one (1) space per 200 square feet of leasable gross floor area (per Sec. 1l.H.16.d.2 of the LOR). The project includes a total of 149,636 square feet of floor area; therefore, a total of 749 parking spaces would be required. The proposed site plan provides a total of 677 parking spaces, maintaining the existing parking deficit of 72 spaces. The proposed site plan modifications have been designed to upgrade the existing shopping center to several current code requirements for traffic and pedestrian circulation, accessibility, and landscaping. Through the proposed renovations to the site, the applicant has replaced parking to the greatest extent possible, but was not able to eliminate the parking deficit due to the constraints presented by the existing site features. Therefore, the applicant is requesting a variance to reduce the required parking by 72 spaces (see ZNCV 08-002). Loading zones are proposed for the new/reconstructed outbuildings, and have been reviewed and approved by the Engineering Division. Due to the nature of the proposed uses, an administrative waiver was requested to reduce the length of the loading zones from 35 feet to 18 feet and was approved by Engineering. The proposed uses should have no impact on glare, noise, and odor on the adjacent or neighboring properties or on the city as a whole. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. A dumpster for the proposed bank and another dumpster for the proposed drive-through restaurant are required. The site plan indicates the dumpsters would be located to the south of the proposed uses, away from the Woolbright Road right-of-way, and screened with an enclosure and landscaping. The location and angle of the proposed trash enclosures would efficiently facilitate the removal of its contents due to the anticipated traffic flow and design of the garbage trucks. Staff's review of the site plan requires all existing dumpsters located to the rear of the shopping center to be completely screened in compliance with the City requirements. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer, are available for this project. Locations of existing water and sewer lines, meter, and hydrants are indicated on sheet WS-l. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Staff Report - Sunshine Square co US 08-001/MSPM 08-002 Page 5 Landscaping for the entire shopping center has recently undergone an extensive update to provide additional buffering, color, and visual interest along the abutting rights-of-way. In addition, the affected areas on site will contain new landscaping, mainly located along interior access drives and throughout the parking lot (as indicated on sheet L-1). A total of 97 palm trees of various heights are proposed, of which 59 percent are native species. Palm trees include 57 Florida Royal Palms, a minimum of 25 feet in height, to be planted along the access drives and within interior landscape islands south of Buildings "D" and "E". In addition, double and triple-trunk Alexandra palms, Christmas palms, and various date palms are proposed. A total of 46 canopy trees, 12-14 feet in height are proposed, of which 72 percent are native species. Canopy trees include East Palatka Holly, Silver Buttonwood, Ligustrum tree, Live Oak, Glaucous Cassia, and Yellow Elder. A total of 11,442 shrubs and groundcovers of various heights and spreads are proposed, of which 1,025 are native species. Shrubs and groundcovers include Cocoplum, Croton, Wax Jasmine, Variegated Ligustrum, Plumbago, Hibiscus, Dwarf Yaupon Holly, Mexican Bluebell, Ground Orchid, and Star Sedum. The landscaping proposed will add to the ambiance of this key intersection through warranted enhancements of this older shopping center. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with adjacent and nearby properties. Two (2) freestanding signs currently exist on site. Per the Sign Ordinance, no additional monument signs are allowed. Staff is recommending as a condition of approval that a formal Sign Program be created and submitted for staff review and approval, for all tenant wall signs, including those on the rear of the buildings. The existing light fixtures in the parking area are shielded to prevent light spillage onto adjacent properties and passing motorists. 7. Required setbacks and other open spaces. The proposed bank building would meet all setback requirements of the C-3 zoning district and the Urban Commercial District Overlay zone. The bank building would be setback from the Woolbright Road right-of-way a distance of 13 feet, which includes the ten (10) foot perimeter landscape strip. The teller lanes would be located on the south side of the bank building, out of view from Woolbright Road. The proposed drive-through restaurant would be located in an existing building which is being renovated for the new tenant. Since it is not a new building or undergoing extensive renovation, it will not be required to meet the new setback regulations of the overlay zone. The attached canopy for the drive-through restaurant would be setback from the Woolbright Road right-of-way a distance of 22 feet, which includes the ten (10) foot perimeter landscape strip and a 12 foot bypass lane. 8. General compatibility with adjacent property and other property in the zoning district The proposed bank is a permitted use and the proposed drive-through restaurant is a conditional use in the C-3 zoning district. In general, the proposed uses are compatible with the existing uses in the surrounding area within the C-3 zoning district. The proposed buildings are designed comparable to the other buildings within the shopping center relative to style, color, and building materials. There will be minimal on-site impact from the proposed uses. The uses and site design should not have any adverse impact on the adjacent properties or the area in general. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Staff Report - Sunshine Square COUS 08-001/MSPM 08-002 Page 6 The maximum building height allowable in the C-3 zoning district is 45 feet (4 stories). The renovated shopping center is comprised of one-story buildings with the height of the varying parapet rooflines ranging between 20 feet and 31 feet. The proposed Buildings "D" and "E" are indicated as one-story structures with a total height of 27 feet. The heights of the proposed buildings comply with the C-3 zoning district requirements and are compatible with existing one-story buildings within the shopping center, and adjacent commercial development. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The request is considered a conditional use because the proposed restaurant has a drive-through component. The proposed uses will constitute additional convenience and choice for the members of the community, as well as providing additional convenience to residents who may patronize the businesses. Most importantly, the renovation of the existing outbuilding will facilitate use of tenant space that has remained vacant or underutilized for many years. It is anticipated that the existing node at South Federal Highway and Woolbright Road will continue to develop, redevelop, and intensify as a commercial corridor. The proposed bank and drive-through restaurant would be an appropriate use and welcomed addition for this site. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed uses would operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the discussions contained herein and compliance with development regulations, staff recommends that this request be approved, contingent upon approval of the requested variance to the number of parking spaces (ZNCV 08-002), and subject to satisfying all conditions of approval contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed uses are to be developed. If this request is approved, staff recommends that a period of one (1) year be allowed to obtain a building permit for this proposal. S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-001 \Staff Report.doc Exhibit "A" - Site Location Map Sunshine Square - COUS 08-001 I MSPM 08-002 . N 190 95 0 190 380 570 760 W*E ~-- I Feet '. s EXHIBIT "B" SURVEY ~ n . - . . , -- I -- '. - - I -- FlOltlo,", tASt CO~s't R"'LRCMD -- ---- --- I - I .- . I g ~;i ~; I lJl ~~! ~~ (II '\t ",... ~~; ~~ ~~. ...I:A Gfn ;~ ~~ ~ z "._.-- , 0 -.-...... ~_._.~.__A - :'~, ..:.;~;.-.'.. ;;'.;., ..:. I .'....fe .~"''C. I - ~ " ~ .. ~ '1 , (j/>>fm7D ZONE: e, "~~ " ,-I ~ Ii !Ii ~'J " . , Ii 021 "~$m"',_ .. t .. '~;i i ~ l I ~ "" ~ mtl-. 11 \:.. ~ I "~n o. 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" I 8 ~ ~~ 08 /,~.", . ~ ~ hJi I '--- _ ___ I EXHIBIT "C" CONDITIONS OF APPROV AL Conditional Use / Maior Site Plan Modification Project name: Sunshine Square File number: CODS 08-001, MSPM 08-002 Reference: 2nd review plans identified as a Conditional Use I Maior Site Plan Modification with a February 6. 2008 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: NONE (All previous comments have been addressed) X PUBLIC WORKS - Forestry Comments: NONE (All previous comments have been addressed) X PUBLIC WORKS-Traffic Comments: 1. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. 2. Show all off-site work on the plans, including that to be performed by the X developer to the north of this project. Ensure that the primary entrance to the project, located between the new bank building and the proposed restaurant, lines up with the off-site work (by the Las Ventanas development) proposed along Woolbright Road. ENGINEERING Comments: 3. At the time of permitting, all projects one-acre or larger shall submit a X Notice of Intent (N0l) to the FDEP for coverage under the NPDES Generic Permit. Copies of the NOI shall be provided to the City of Boynton Beach Department of Public W orks/Engineering Division and Utilities Department/Engineering Division. 4. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 5. Provide a loading zone for each use (two total). Delineate and stripe the X "Loading Area" (where applicable - LDR, Chapter 2, Section II.J); include a pavement message in yellow indicating "No Parking - Loading Zone". Waiver to size ofloading zones proposed is required. Conditions of Approval Sunshine Square caus 08-001 Page 2 DEPARTMENTS INCLUDE REJECT 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at -j the time of permitting. 7. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings I and the "Engineering Design Handbook and Construction Standards" I and will be reviewed at the time of construction permit application. I I ~ UTILITIES Comments: 8. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12.) 9. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) I with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b )). 10. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showing all hydrants. 11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based I upon final meter size, or expected demand. 12. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, In accordance with the CODE, Section 26-207. 13. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: ---------- 14. The Fire Rescue Department expects to be able to provide an adequate level X of service for this project with current or expected infrastructure and/or staffing levels. .__.-- Conditions of Approval Sunshine Square CaDS 08-001 Page 3 DEPARTMENTS INCLUDE REJECT POLICE Comments: NONE (All previous comments have been addressed) X BUILDING DIVISION Comments: 15. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. To properly determine the impact fees that will be assessed for the project, X identify on the site plan if the restaurant is a high quality, eat-in high turn over, or fast food with drive- through type of restaurant. Also, identify on the site plan the number of existing seats, number of new seats and the total number of seats provided. On the floor plan, chronologically number all seats including those seats that are around the bar. 18. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan. · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 21. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 22. The full address of the project shall be submitted with the construction X Conditions of Approval Sunshine Square COUS 08-001 Page 4 DEPARTMENTS INCLUDE REJECT documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton i Beach Department of Engineering, the City of Boynton Beach Fire i Department, the City's GIS Division, and the Palm Beach County Emergency 911 . I . Palm Beach County Planning, Zoning & Building Division, 100 I Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- I 233-5013) 1 . United States Post Office, Boynton Beach (Michelle Bullard - 561-734- II 0872) 23. If this project is located within the Downtown Storm water Improvement X ~I 'I I, Watershed, appropriate fees must be paid to the City of Boynton Beach --I Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. 24. An accessible route shall connect accessible buildings, accessible facilities, X accessible elements and accessible spaces that are on the same site per the I FBC section 11-4.1.2. I I i ~~~_.~-~ --- 25. Curb ramps shall be provided as part of the accessible route between X buildings and shall comply with FBC section 11-4.7 PARKS AND RECREATION -----------.--- Comments: NONE (All previous comments have been addressed) X FORESTER/ENVIRONMENT ALIST ---~-- Comments: ------ 26. Conditional Use comment: The remainder of the Sunshine Square site X should have the landscape and irrigation improvements completed (original or revised plan) as part ofthe conditional use. ---_._- 27. Plant List Sheet L-l All shade trees (Jatropha hastata) must be listed in the X description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground). I The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] The landscape design does not include the City signature trees (Tibochina granulosa) at the ingress / egress areas to the site. These trees must meet the minimum size specifications for trees. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.] ._-- 28. All shrubs and groundcover plants should have a height and spread X dimension. --~--_._--_.._-- ~,-~_. ~-"'----------- Conditions of Approval Sunshine Square CaDS 08-001 Page 5 DEPARTMENTS INCLUDE REJECT 29. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings and parking lot areas from the Woolbright Road and Federal Highway rights-of-way. 30. Landscape Plan Sheet L-2: The landscape areas should provide a visual X buffer between the residential property and the commercial site. 31. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 32. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. Submit a completed Art in Public Places application to Planning and Zoning. Identify on both site plan and landscape plan the location for public art, and include a detail on plans of the proposed artwork. 33. Revise sheet A 1.0 I to include building height of each elevation. X 34. The proposed loading areas do not comply with minimum required X dimensions of 12 feet by 35 feet. A loading area may not be essential to the operation of the proposed uses of a bank and Starbuck's. A waiver to this requirement may be submitted to the Engineering Division for their review and determination. 35. Prior to the issuance of a building permit, a formal Sign Program shall be X created and submitted for staff review and approval, for all tenant signs, including those on the rear of the buildings. 36. The Site Plan Modification and Conditional Use approval for this X application request is contingent upon City Commission approval of a variance to the number of parking spaces on site. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS Comments: None X ADDITIONAL CITY COMMISSION COMMENTS Comments: Conditions of Approval Sunshine Square CaDS 08-001 Page 6 DEP ARTMENTS INCLUDE REJECT To be determined. MWR/kz S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Sunshine Square APPLICANT'S AGENT: Arianne Nielsen, Land Design South AGENT'S ADDRESS: 2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008 TYPE OF RELIEF SOUGHT: Conditional Use / Major site plan modification approval for a 1,436 square foot drive-through restaurant and a 4,280 square foot bank within a C-3 zoning district. LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach 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\Sunshine Square\ COUS 08-001 MSPM 08-002\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Weiner continued his comments. He contended, regardless of the interpretation applied to vesting, the project met the standards required under the local Code. Additionally, Jacksonville Landco had considered its responsibility to both the City and the neighbors in putting in the infrastructure, paying the fees and pursuing the project. They believed the 12-month extension was appropriate, and requested the board's favorable recommendation to the City Commission. The parties were in agreement with the original conditions of approval. Chair Jaskiewicz invited public comments. Harry Woodworth, 685 NE 15th Place, (the property at the east end immediately adjacent to the park), advised he was one of 16 neighbors that originally negotiated with the previous applicant, and supported the new applicants request for an extension. No one having come forward, public comments were closed. Motion Vice Chair Saberson moved to approve staffs recommendation. Ms. Grcevic seconded the motion that passed unanimously. B. Sunshine Square Conditional Use/Major Site Plan Modification 1. PROJECT: Sunshine Square (CaUS 08-00l) (MSPM 08-002) AGENT: Arianne Nielsen, Land Design South OWNER: Woolbright Sunshine, LLC LOCATION: Sunshine Square Shopping center (southwest Corner of the intersection of Federal Highway and Woolbright Road) DESCRIPTION: Request for conditional use approval for a drive-through restaurant and a major site plan modification to convert an existing freestanding bank building of 1,436 square feet to a drive-through restaurant; reallocation/relocation of existing square footage on site to construct a bank of 4,280 square feet; and related parking lot improvements. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 With regard to the Sunshine Square project, the board agreed to discuss the Conditional Use/Major Site Plan Modification and Zoning Code Variance requests jointly, but would vote upon the requests individually. Chair Jaskiewicz noted she met briefly with the applicant at City Hall regarding the project. She had not seen the project but was aware of what they would be requesting in order to complete the project. Mr. Lis, Ms. Killian, Mr. Barnes and Mr. Myott also disclosed that they had conversations with the applicant. Kathleen Zeitler, City Planner, reviewed the request as set forth in the staff report. A total of 4,280 square feet of existing retail space located at the southwest corner of Building "A" would be demolished, and the square footage reallocated for the proposed bank. An existing bank building of 1,436 square feet would be converted to a drive- through restaurant use. The proposed major site plan modifications did not include any additional building square footage. A minor site plan modification was recently approved to upgrade the Sunshine Square Shopping Center, including the building facades and new landscaping. Staff had evaluated the conditional use criteria, which included: . Vehicle and pedestrian access and circulation affects on adjacent properties . Parking, loading and service areas . Utilities, screening, buffering and landscaping . Signs, exterior lighting, required setbacks and compatibility with adjacent properties; and . Building height Based on the project's compliance with the conditional use standards detailed in staffs report, staff recommended the conditional use be approved with the recommended conditions from staff. Sunshine Square ZoninQ Code Variance 2. PROJECT: Sunshine Square (ZNCV 08-002) AGENT: Arianne Nielsen, Land Design South OWNER: Woolbright Sunshine, LLC LOCATION: Sunshine Square Shopping Center (southwest 5 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 City Clerk's Office D December ]8,2007 December 3, 2007 (Noon) D February ]9, 2008 February 4, 2008 (Noon) D January 2,2008 December 17,2007 (Noon) D March 4, 2008 February ]9,2008 (Noon) D January ]5,2008 December 3],2007 (Noon) ~ March] 8,2008 March 3, 2008 (Noon) D February 5, 2008 January ]4, 2008 (Noon) D Apri]], 2008 March] 7,2008 (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 ~ Public Hearing D RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda under Public Hearing. The Planning and Development Board on February 26,2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-010. n EXPLANATION: 0 <:-;-1 PROJECT: Brick House Billiards (CODS 08-002) OJ ::::j-< AGENT: Michael MacMullen ~ -< C) OWNERS: Michael MacMullen CO p ~ LOCATION: Boynton Lakes Plaza, 4760 N. Congress Avenue ~ ~C) DESCRIPTION: Request for conditional use approval to allow for a bar/lounge as accessory to a billi~~ hall within an existing commercial plaza zoned C-3, Community Commercial. ~ (j) 6 0- "'- \.0 ...." .. ...."CO _ ;;:) rr1 Ul rr1 >- C'") :J: PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DeVelOPf11L~, i~g~" SignaMe Assistant to City Manager Dm.- ~~{~ Z ~ Planning and Zon~ector City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS\Brick House Billiards (Boynton Lakes Plaza)\Agenda Item Request Brick House Billiards CaDS 08-002 3-] 8- 08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-010 TO: Chair and Members Planning & Developm~oard ('\I l! \ THRU: Michael Rumpf. ~- Director of Planning and Zoning FROM: Gabriel Wuebben 4 ~ Planner DATE: February 5, 2008 PROJECT: Brickhouse Billiards / COUS 08-002 REQUEST: Conditional Use approval for accessory bar/lounge PROJECT DESCRIPTION Property Owner: Regency Centers, Inc, Applicant/Agent: Mr, Michael MacMullen Location: Boynton Lakes Plaza, 4760 N, Congress Ave. (see Site Location Map - Exhibit A.i) Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Billiards Hall with accessory bar/lounge Acreage: 9,95 acres (Boynton Lakes Plaza) Adjacent Uses: North: Right-of-way for Hypoluxo Road and further north, developed single-family residential property (RS) within unincorporated Palm Beach County; South: Right-of-way for Boynton Lane, and farther south, townhomes within a planned residential development (Boynton Lakes) zoned PUD; East: Right-of-way for Boynton Lakes Boulevard, and farther east, single-family homes within a planned residential development (Boynton Lakes) zoned PUD; and West: Right-of-way for N. Congress Avenue and further west, a developed commercial plaza (Meadows Square) zoned C-3 (Community Commercial). Brick House Billiards - COUS 08-002 Page 2 Memorandum No. PZ 08-010 BACKGROUND Mr. MacMullen is seeking conditional use approval for an existing 3,300 square foot billiards hall within the Boynton lakes Plaza at the southeast corner of N. Congress Avenue and Hypoluxo Road to include a bar/lounge component (see Exhibits A.2, A.3). Billiards halls are permitted outright within the C-3 Community Commercial zoning district. A bar/lounge may operate as an accessory use to the billiards hall, but only as a conditional use (Land Development Regulations Chapter 2, Section 6.C). The establishment has functioned for years as a billiards hall serving beer and wine. However, under current regulations, such use requires conditional use approval as prompted by this request to expand the business to include full liquor service. The interior of the existing billiards hall will not be altered in any way with the addition of full liquor service. Currently, the establishment provides twelve (12) billiards tables which occupy the majority of the interior space. A bar near the front of the hall seats ten (10) patrons, and the hall provides four (4) smaller tables both near the bar and in a designated "waiting/seating area" (see Exhibit B). The requested conditional use approval would secure Brick House Billiards' right to continue operating under existing conditions with the addition of an accessory bar/lounge. If this application is approved, the subsequent addition of amplified music, entertainment, or the expansion of the proposed accessory bar/lounge component of the establishment would exceed the scope of this request and would require a repeat review through the conditional use approval process including Commission approval. Per Chapter 2, Section 6.(, C-3 Community Commercial, of the Land Development Regulations, bars/lounges shall be accessory to the principal use (billiards hall) as a conditional use. A conditional use requires greater scrutiny in reviewing site design, operational characteristics and potential impacts on surrounding properties. STANDARDS FOR EVALUATING CONDmONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. Per Section 11.2.D., the Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to a current survey of the subject property, there are two (2) existing points of ingress/egress. The first existing access point is located at the western edge of the property, and Brick House Billiards - COUS 08-002 Page 3 Memorandum No. PZ 08-010 provides direct vehicular access from N. Congress Avenue. The second existing access point is located at the nDrtheast corner of the subject property, and provides direct vehicular access from Hypol uxo Road. Both driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above/ and the economi~ glare/ noise/ and odor effects the conditional use will have on adjacent and nearby properties/ and the city as a whole. The proposed use currently occupies tenant space within the approved shopping center which fulfills current parking requirements per its original approval. One (1) parking space is provided per two hundred (200) square feet of gross leasable floor area, which will not change as a result of this application. 3. Refuse and service areas/ with particular reference to the items in subsection 1 and 2 above. Consistent with Comprehensive Plan policies and city regulations, existing refuse and service areas are already provided and currently in use for this location. 4. Utilities/ with reference to locations/ availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are already available and currently in use for this location. 5. Screening, buffering and landscaping with reference to type/ dimensions, and character. The subject application includes no proposed changes to site landscaping for the greater shopping center, and staff does not opine that the request warrants the addition of further site landscaping for buffering purposes. Staff has learned that landscaping within the greater center has been found deficient, which is a matter currently being reviewed with the property owner through the City's Code Compliance Division, 6. Signs/ and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The existing shopping center signs are located on at the ingress/egress points of the parcel adjacent to N. Congress Avenue and Hypoluxo Road, and will remain with the provided, required landscaping, No new signage is proposed on site. The addition of liquor at Brick House Billiards will not alter the establishment's current function, or its exterior lighting, which has already been approved and found satisfactory through the original shopping center's site plan approval process. 7. Required setbacks and other open spaces. The proposed use will have no effect on the existing building footprint, which remains compliant with setback requirements per the original shopping center's site plan approval. The tenant space for Brick House Billiards is approximately 140 feet from the closest residential structure, and is further separated by a six (6) foot tall CBS wall and an intervening street. S. General compatibility with adjacent property and other property in the zoning district. Brick House Billiards - co US 08-002 Page 4 Memorandum No. PZ 08-010 In general, the proposed tenant would be compatible with other existing businesses in the C-3 zoning district within the area. Currently a second bar/restaurant operates several storefronts to the west of Brick House Billiards. The general design of the building will not be altered as a result of the introduction of this use into the shopping center. The proposed use entails the sale of beer, wine, and liquor in a billiards hall. There is no request for amplified sound. Only a jukebox exists for music purposes, and no live entertainment is proposed, the addition of which would alter the categorization of the establishment from a billiards hall to a nightclub, requiring further approvals through the conditional use approval process including Commission approval. There is no exterior seating of speakers being approved under this application. Staff thus opines that a noise nuisance will not be created for neighboring commercial nor residential uses. 9. Economic effects on adjacent and nearby properties, and the city as a whole. Based on its distance to nearby residential properties, and existing site buffering and landscaping, staff opines that there would be no negative economic effect on nearby properties. 10. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 11. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, staff recommends that this request for conditional use be approved subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. It should be noted that any subsequent expansion of the bar/lounge component of Brick House Billiards (i.e. increase in seating) or future addition of any amplified sound or entertainment, would exceed the scope of this request. Any such changes or additions would require further approvals through the conditional use process including Commission approval. However, the playing of music, televisions, or other video entertainment at volumes that are equal to or lower than normal conversation levels within the establishment, is construed to be accessory to the subject approval. Exhibit A.1 - Site Location Map Brick House Billiards - COUS 08-002 w FLORAL RD > WINDWARD LN < CI) CI) NI~ NIC NIC ~ al:I'~U!mll=::'_I!'. . --~~lf[II~~' 8-..-..-..-..-..-..-....-..-..- ...... ...... ',:'" ,. , " '; u_n_n_u_u_u-n_u- () HYPOLUXO RD C ~ '[[1 CI) w ~ < ...J Z 0 I- Z >- 0 [[I w ~ CI) en w c::: C) z 0 () z . N 110 0 220 440 660 880 W.E I Feet S , j - ,,", .<.tii' , '/::Jii. \1..' . f~~,;,r:; - "'" '".... "i. I' ~ , '"00' ! II., ',.,ail.,. ' 'f""i ....., f ,... I,....) . . .. ~.. " -. CJ .,~ .:... - - . =- .,<,., - . - 0:;' Co) ,,:- '-' u-, ~ c' .. ;;'1 . " .~ -" C.l f..,j ion en .. "" F) '.:) .~.. (..1 0 D. "--7 ~ !...,..i .....;.; --..:> ,- .-..:. --- - - .::> 2l 1 I N\1f Z . -."-." 'r' .., ... " ?1' - ;-0.. Ct) ~ -f" .. ~ ~ ... -..a C '! - ~~\ ~ \.~~ ~:;~~ ~ ~~ = t " -n - :::: I;", " -) . =.. - .::.:;... ~=i L.- <( l " ~ ";;t. -----.. g 'f ~":i .... ~ :/1 t ...,.. ,'. ~ : HE l,5 I ill~ , "1' 11. 0 :1 :rf' ::: " ~_ '"l3i ::.;;;L g " - . au ;,1 ::1 i Ii.: ..; A l- I . ~ ~ ~~ " - ~ ~. - ~ .-.l .....J ~'~ - ~iI i~ co. CO :i 'I ~ ;....,.-. ~. .Z:c . ~~-....~ ~ Ilfij) -' ~ . ':13ft" alJr.U!!! . ibl ".' ... ~~ ~ '. .~ r) -l.' ::r.(f\ I I' ',;i ~~ 1 I'~'" I .. X 1SLr0" w(I(} "W ~~~I :' 1 1 I I ~. -.". . 1 . " I~ I, I.t. _ . ~ . __ ...w .. _ . , I ". ',' ._.... ,,,"" . ,it:--.~~~ . ,. "..' O\7,r:~7 !cn ?Tn ~. "\1 i:.C707'b}TQ-C rAD97T ~ ..:.~ I ~ ~, '. I i c-:- t:'It-..1T......U..Jl:-:'1-J i -,.., I ..... I -:Jr:'tH.J Tn c:l l- e ~tHfN ~c:l - A....:; - ,/;.- 2: "- S5 ~\ I e &! ,~ ~: >< .--- "'__,m '---""'--"--"'''.,u_..,. ,0 ~w e C"J CtC !- Ld - :? I.',') - "0 c) (_l '" I 2::1 ~ cc: "- :r- D Cl. 0 0 C) '"- .J J -- "< J ~ 0 J D~ (I) In ~ Co.) ..::s C,=,l "J ( I e& C0 J 0 -- (iJ u () :2: I]' -D ."-- :"::J - CY.: cEb ..:..:r r ~ - (~ rv l.J,... cn ~=t W~nlN;7 ~ IIJ = H~~ ~€~~ LOCA11~ '3EN"'1~ N<E~ "../ iLy 1* x (~. e[:p ~, C1 "/ -.e:-.:. BRltK ~ "\W~12D3 /M\r~lY=l M&- k 11 11 j f.:;I\ 1 Exhibit C - Conditions of Approval Project name: Brick House Billiards File number: COUS 08-002 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic ---- Comments: NONE I X ENGINEERING DIVISION Comments: NONE X UTILITIES I Comments: NONE I X i I FIRE Comments: NONE X POLICE - Comments: NONE X i ! BUILDING DIVISION Comments: NONE X P ARKS AND RECREATION Comments: NONE X i ! FORESTER/ENVIRONMENTALIST i j Comments: NONE X PLANNING AND ZONING Comments: i CODS 08-002 - Brick House Billiards - Conditions of Approval 02/21/08 2 DEPARTMENTS INCLUDE REJECT 1. The subject approval excludes amplified music or entertainment, which would X require separate conditional use approval for a nightclub establishment. This excludes accessory music, television or other video entertainment played at volumes that are equal to or lower than normal conversation levels within the establishment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: S:\Planning\SHARED\WP\PROJECTS\Brick House Billiards (Boynton Lakes Plaza)\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Brick House Billiards APPLlCANT/AGENT: Mr. Michael MacMullen AGENT'S ADDRESS: 4760 N Congress Ave., Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2001 TYPE OF RELIEF SOUGHT: Request for conditional use approval to allow for a barllounge as accessory to a billiards hall within an existing commercial plaza zoned C-3, Community Commercial.. LOCATION OF PROPERTY: 4760 N Congress Ave. (see Exhibit "A" - 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 "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\Brick House Billiards (Boynton Lakes Plaza)\DO.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 parking lot improvements, subject to staff comments. Mr. Lis seconded the motion that passed unanimously. Motion Mr. Myott moved to approve the Zoning Code variance for Sunshine Square for relief from the City of Boynton Beach Land Development Regulations, Chapter 2" Zoning, Section 11.H.16.d.(2,), requiring 749 spaces, to provide 677 parking spaces, a variance of 72 spaces to allow modifications to an existing shopping center within a C-3 Community Commercial zoning district, Mr. Lis seconded the motion that passed unanimously, C. Brick House Billiards Conditional Use 1. PROJECT: Brick House Billiards (COUS 08-002) AGENT: Michael MacMullen OWNER: Michael MacMullen LOCATION: Boynton Lakes Plaza, 4760 N. Congress Avenue DESCRIPTION: Request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall within an existing commercial plaza zoned C-3, Community Commercial. Gabriel Wuebben, Planner, reviewed the request as set forth in the staff report. The applicant was seeking conditional use approval for an existing 3,300 square foot billiards hall within the Boynton Lakes Plaza at the southeast corner of N, Congress Avenue and Hypoluxo Road, The existing establishment functioned as a billiards hall with one dozen pool tables, and provided beer and wine service, The applicant was pursuing a liquor license which, according to the Land Development Regulations, Chapter 2, Section 6.C, would increase the function of the bar into a full accessory use. The billiards table was permitted outright within the C-3 Community Commercial zoning district, However, with the beer and lounge accessory use, the establishment was required to go through the conditional approval use process. As a conditional use, staff had reviewed the project with respect to ingress and egress, off-street parking, refuse and service areas, utilities, screening, buffering, landscaping, and signs, The functions of Brick House Billiards would not change as a result of this application. It would simply provide for the addition of liquor to the menu, with no major alterations or changes to any of its functions. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 The main concern with a bar/lounge use was the noise and its affect on surrounding residential areas, The applicant had indicated the establishment had a jukebox and music was played lower than the level of conversation, As set forth in the conditions, the applicant had agreed to maintain the existing level of music at the current volume. There was adequate buffering to the south of the establishment and no amplified music at the exterior of the building. Landscaping and a concrete block wall separated the commercial development from nearby residential properties to the south, Staff had reviewed the project with respect to the conditional use application and, based upon the information contained therein, recommended the request for conditional use be approved, subject to satisfaction of all comments set forth in the conditions of approval. It should be noted any subsequent expansion of the bar or lounge component (Le" as an increase in seating), or future addition of any amplified sound, would exceed the scope of the request and would require further approvals through the conditional use process including Commission approval. Michael MacMullen, 4760 N. Congress Avenue, owner of Brick House Billiards, introduced himself. Chair Jaskiewicz wished to make it clear the conditional approval would not permit any difference in the sound emanating from the applicant's establishment and would exclude amplified music of any type, The jukebox level of sound would continue at the existing level. Mr. MacMullen advised the establishment provided 12 seats and there would be no increase in seating. The only change would be the addition of the service of liquor in the hopes of increasing business, There would be no changes with respect to the pool tables, and there was no loud music or stage. Events included an occasional birthday party , Chair Jaskiewicz invited public comments. No one having come forward, public comments were closed. Mr, MacMullen noted Brick House Billiards was an upscale establishment, elegant, yet simple. He believed the addition of liquor to the menu would attract additional customers, With regard to the hours of operation, the establishment remained open from 3:00 p.m, through 2:00 a,m" and was in accord with the City Code. The menu consisted of appetizers, chicken tenders, ravioli, and a 7-inch pizza, The landlord was aware of the request sought herein and had no objections. The establishment was considered a sports restaurant and required a full license for the bar, A half license would not suffice as restaurant food was not sold, 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Wuebben was not aware of any complaints made to the City against Brick House Billiards. Mr, MacMullen explained while there had been occasional altercations in the establishment, they were always under control and never got out of hand. Additionally, there was police presence at the establishment, and Brick House Billiards proved to be a good neighbor to its fellow merchants during the hurricane and a recent robbery. Motion Ms. Grcevic moved that the request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall, within an existing commercial plaza, zoned C- 3, Community Commercial, be approved, subject to the conditions, Mr, Barnes seconded the motion that passed unanimously. 6. Old Business (taken out of order) A. Land Development Regulation Rewrite- Group 4 - Part II Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite, Group 4, Part II (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III Exterior Building and Site Design Standards. This proposed section will ultimately replace andenhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2, 4, 6, 7, 10 and 11. Mr. Rumpf explained staff was pleased and enthusiastic to bring forth the next draft deliverable of the City's Land Development Regulations Rewrite project. Group 4 contained the environmental protection standards, landscape design and exterior building and site design. The environmental protection standards and the landscape design and buffering portion were provided in the previous deliverable, However, as a result of the time and magnitude of the work, they were separated out and covered separately, Project objectives targeted in this rewrite would be emphasized, Chapter 4 10 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December] S, 2007 December 3, 2007 (Noon) D February] 9, 200S February 4, 200S (Noon) D January 2, 200S December] 7,2007 (Noon) D March 4, 200S February] 9, 200S (Noon) D January ]5, 200S December 3],2007 (Noon) ~ March] S, 200S March 3,2008 (Noon) D February 5, 200S January ]4, 200S (Noon) D Apri]], 200S March] 7, 200S (Noon) ("'') 0 G-i D D a.> =i-< AnnouncementslPresentations City Manager's Report ""'T"1 --'::0 D D m ,) "TI NATURE OF Administrative New Business CO r- -co AGENDA ITEM D D N .-rt Cl Consent Agenda Legal ex:> ::'0 __< D D ::::: -~,"" Code Compliance & Legal Settlements Unfinished Business ;po (J)~ ::I: Cl ~ Public Hearing D 0;:.:: \..0 'Tl "TICO -rr1 RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda unde;:j CJ> f"TlCJ Public Hearing. The Planning and Development Board on February 26,2008, recommended that this draft LDR update ::r: product be approved. For further details pertaining to this request, see attached Department Memorandwn No. 08-008. EXPLANATION: PROJECT: Land Development Regulations (LDR) Rewrite, Group 4 - Part II (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III. Exterior Building and Site Design Standards. This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1,2,4,6,7,10, and 11. PROGRAM IMP ACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve or approve with changes, Devc!l1!d!m~m"ill -k~ City Manager's Signature Assistant to City Manager ~ ~- ~ ;:":- (~ ?: Planning and Z~ rrector City Attorney / Finance S:\Planning\Zoning Code Update\LDR Rewrite\Agenda Requests\Agenda Item Request Land Dev Reg (LDR) Rewrite Gp4-Partl1 CDRV 07004 3-] S- OS.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC COVER PAGE of a portion of GROUP 4 completed CHAPTER 4. SITE DEVELOPMENT STANDARDS Article 1. Environmental Protection Standards (Previously Approved) Article II, Landscape Design and Buffering Standards (Previously Approved) Article III. Exterior BuildiD!! and Site Desi!!n Standards (Enclosed) C:\Documents and Settings\tuckerp\Local Settings\Temporary Internet Files\OLK87\Cover Page Group 4b.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-008 TO: Chairman and Members, Planning and Develeent Board THRU: Michael RumPf~W Director of Planning and Zoning FROM: Eric Lee Johnson, AICP if Planner DATE: January 17, 2008 RE: LDR Rewrite - Remaining portion of Group 4 Chapter 4, Article III "Exterior Building and Site Design Standards" INTRODUCTION A task of rewriting the Land Development Regulations (LDR) is to update the entire Part III (Land Development Regulations) 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 (i.e, Group 1, Group 2, Group 3, etc.). The first two (2) groups dealt with Definitions, the Use Matrix, and its associated Notes and Restrictions. These two (2) groups emphasized matters relating to zoning districts and allowable uses. Group 3, was the initial portion of the project that pertained to site development standards, These development standards involved off-street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, and rights-of-way and infrastructure. Group 4 is comprised of environmental and landscaping standards that emphasize flora and fauna conservation, preparing a site for development, and required landscaping. Group 4 is comprised of the following articles: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Articles I and II were previously reviewed by the City Commission December 3, 2007; Article III was omitted from that review. At this time however, staff is delivering the remaining portion of the fourth group (see attached). Standards related to exterior building and site design are currently located within three (3) different chapters (and multiple sections) of the existing LDR. This lack of consolidation and cohesiveness between common topics throughout the code can be burdensome to the lay person as well to developers and design professionals researching 1 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, The proposed reorganization of these provisions will significantly increase the ease of reading and understanding the City's very important development regulations. Above all, the new provisions will help to improve the appearance and quality of future developments and within the City. 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 in a timely manner. 1. Preserve I 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 proj ect. Objectives #1 & #2: LDR format I organization were the targets 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 exterior building and site design standards, such as required locations for buildings and off-street parking facilities, building appearance, pedestrian amenities, and usable open space would be placed into this fourth chapter, which contains 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 within many different chapters and sections of Part III. The attached documents would modify all or portions of the following existing code chapters: 2 Chapter 2. Zoning, Sections 5 and 6; Chapter 4. Site Plan Review, Section 8; and Chapter 9. Community Design Plan, Sections 1,2,4,6,7,10, 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 #4: In this deliverable, staff continues to acknowledge the priorities and current issues of the Commission, A hot topic of local concern is the proliferation and possible visual impact of large-sized commercial structures commonly known as "Big Box" development. Staff addressed this issue by formulating contemporary standards relative to their appearance, location of off-street parking areas, number of required public entrances, and placement of pedestrian walkways. In addition, the proposed regulations for these large non- residential (big box) developments would include a special and unique provision for adaptive re-use of the buildings for possible future vacant or unoccupied buildings. The term "big box" as noted herein, includes not only commercial uses, but office uses and those industrial uses that front on arterial and collector roadways. 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: . Consistent with Group 3, each article contains its own "Purpose and Intent", "Administration", and "Applicability" text tailored to particular requirements of that section; . Consistent with the format of the landscape code, created specific "objectives" under the purpose and intent (i,e. Sense of Place, Focal Points, Versatility, Desirability, etc.); . Updated those uses that are exempt from exterior building and site design standards (i.e, single-family homes, duplexes, etc); . Consistent with the format of the landscape code, created exterior building and site design "principles; . Created "Building Appearance" standards, which include the following: 0 Desired architectural enhancements (i.e. cornices, arches, molding); 0 Allowable exterior bu~lding finishes (i.e. brick, stone, stucco); 0 Symbols - updated existing text. 3 . Created "Pedestrian Amenities" matrix, which requires each development to provide a minimum number of bicycle racks, benches, and trash receptacles; . Created "Wall and Fence" standards, requiring enhanced designs dependent upon their proposed location and visibility; . Enhanced the compatibility provisions protecting single-family residential zoning districts from higher abutting densities and intensities; . Updated existing provisions relative to required "Usable Open Space"; . Created standards for required maintenance of buildings and structures; . Consistent with Group 3, dissolved Chapter 9, Community Design Plan and relocated, updated, and enhanced existing requirements for the proposed Chapter 4, labeled "Community Design"; . Updated community design standards related to "Building Exterior and Site" design (excluding off-street parking areas), which includes the following: 0 Paint color standards (i.e. compatible, complimentary); 0 Updated the provisions related to the screening of overhead bay doors: 0 Created regulations for the screening of downspouts; 0 Created "Monotony Restrictions" to promote architectural variety; 0 Enhanced text regarding rooftop and at-grade screening of equipment; 0 Enhanced standards to prohibit drive-through and walk-up windows on building facades that front public rights-of-way; 0 Created provisions for plazas and public open spaces, which include their design, allowable materials, minimum seating area, access, and landscaping; . Created community design standards for transit shelters, shopping cart corrals, and trash collection points; . Enhanced off-street parking facility standards (i.e. type of facility allowed, on- site location) within all Overlay Zones and by certain zoning districts (i.e. "Urban Mixed Use", CBD, and SMU); . Created standards for "Awnings and Canopy" to include the following: 0 Provide protection from the elements for pedestrians (purpose); 0 Allowable size; 0 Appearance and Color(s); . Outlined special site design standards for specific uses within the Use Matrix; . Created community design standards for mixed-use developments, including building location, shade and shelter requirements, windows at pedestrian scale, and compatibility regulations; . Cross-referenced the existence of Community Redevelopment Agency's Urban Design Guidelines. SUMMARY I RECOMMENDATION Staff recommends that the Board and Commission approve this draft portion of Group 4. However, any changes recommended by the Board 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 3).doc 4 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ARTI CLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 1. General. A. Purpose and Intent. The purpose and intent ofthis article is to provide important community desiQIl standards to ensure that the site lavout. desim, building orientation, materials, and appearance of new development or redevelopment promotes an exterior desim pattern that is functional. practical. equitable, creative. of an aesthetic quality, and furthers the obiectives of this section and desiQIl principles of Section 2. Through enforcement of this article, the local appointed and elected officials shall determine the basic aesthetic character to be achieved in the development of the community. The specific obiectives of this article are as follows: Section 1. Title. This chapter shall be knov;n and may be eited as the "Boynton Beach Community Design Plan". (Ord.l'Jo. 95 01, ~ 1, 3 21 95). SeC). 2. Pm-pose. The purpose of this seetioB chapter is to promote harmony with nature and a pleasant and comprehensible cohesiveness imlong development Y;ithin the City of BoyntoR Boaeh. Through enforcement of this Community Design Plan, the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. (Ord. No, 95 01, ~ 1, 3 21 95) 1: Sense of Place. Create a sense of permanence and place by promoting development which respects and contributes to the positive image of the city as a whole: 2. Focal Points. Establish visual interest through landmarks or focal points near maior intersections, points of interest, activity nodes, and I or prominent !!ateways to the City: 3. Versatilitv. Allow for buildings to be adaptively reused without the need for extensive remodeling or demolition, by desiQIling them according to classic architectural styles and principles, as opposed to unique corporate themes, ImageS, marketing strategies, or "disposable" prototypes: 4. Desirabilitv . Sustain the comfort.. health, tranquility, and contentment of residents and attract new residents by contributing to a desirable built environment: January 17, 2008 1 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 5. Propertv Value. Minimize incompatible surroundings and visual blight which prevent orderly communitv development and reduce community property values; 6. Amenities. Encoura!;!:e and promote development with amenities and various types of structures that provide comfort. recreation, aesthetics, and protection from the elements. 7. Sense of Communitv. Foster civic pride and community spirit by maximizing the positive contribution of development to community attractions, gathering places, ans streets cape. 8. Sustainabilitv. To promote sustainable or "green" building practices that conserve energy. water and other natural resources. preserve local and global environmental quality. strengthen the local economy, promote human health and safety. create higher quality enduring structures. and offer cost reductions In maintenance, solid waste disposal. and energy, B. Administration and Interpretation. The Director of Planning and Zoning shall coordinate. interpret. and administer this article. Sec. 7. Administration and intc:wpretation of regulations and provisions. ^ The interpretation and application of this .J.. .... chapter by the Planning and Zoning Department shall be reasonable and uniformly applied to all property, except those exempt in Section 6 abo','c, within the City of Boynton Beach. C. Applicabilitv , The provisions of this article shall apply to all new construction and maior modifications to existing sites in direct relation with site plan review (Chapter 2. Article It Section 5), excluding those buildings and site improvements exempted in Section I.D below, S0c.1. ^ r:aT ^ New Construction. This chapter shall " ~pp lca I rty. "..... apply concurrently and in direct relation '.vith the requiremonts of Chapter 1, Site Plan Re'lie':; of these regulations, B. Existing Construction. This Like':lisc. this section chapter shall be applicable under uny of the following conditions: 1. """hen an existing building is proposed to be enlarged. January 17,2008 2 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 2. \"hoo oxterior alteFation or reconstruction of an existing building is changed and/or alters the effect of the m-chitectw-al design of tile building. 3, 'NflOO an existing building and/or site is substantially improved. 1. 'Nhen the oceupancy elassification of the building changes as defined by the Stanam-d Building Code. (Ord. No, 95 01, ~ 1, 3 21 95) D. Exemptions. The following building and site improvements shall be exempt from tile standards of tilis article: Exemptions. Sec. 6 EXeHTptions. Single family and dapleK d'Nelling 1H1its on indi';idually platted lots shall be exempt fr{)m this section ehapter. (Ord. No. 95 01, ~ 1, 3 21 95) 1. Interior renovations to existing buildings and structures: 2. Construction of a single-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential districts: and 3. Buildings exempt from local building permits or government review pursuant to State of Florida or Federal Statutes, E. Rules. B.,. The regulations and provisions of this article chapter shall be interpreted to represent held to the minimum requirements adopted for the protection and promotion of tile public health, safety, comfort, convenience, order, appearance, prosperity.. or general welfare. F. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules. regulations. ordinances. or laws. the most restrictive shall apply. unless otherwise stated herein. C. \Vhene';er tile regulations and rcquiremems of this ehapteF m-e at ';aDance '.vith the requirements of any other la':;fully ooaeted and adopted rules, regulations, ordinanees~or la':ls, tile most restrictive shall apply. (Ord. No. 95 01, ~ 1, 3 21 95) G. Relief from Standards. Any deviation or variation from the ref?Ulations of this section requires the approval of a Community Design Appeal (CDP A) in accordance with Chapter 2. Article II. Section 9. January 17, 2008 3 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 2. Desi2n Principles. This article is intended to promote ima!rination. innovation. and variety by focusing on desiml principles and encoura!ring creative solutions which serve the following purposes: A. Efficiencv and Safetv. The desiml and lavout of the proposed development. as well as all new and existing buildings should provide an efficient arrangement of land uses, Particular attention should be !riven to safety, crime prevention. relationship to the surrounding neighborhood. impact on abutting and adiacent properties, pedestrian si~ht lines and view corridors. B. Compatibilitv . Sec, 9, General Intent. ^ .. Jo.. Buildings, structures and site elements are not required to match surrounding existing developments, but should 5hall be in visual harmony with surrounding developments, B. Buildings Likewise, buildings or structures located on separate parcels iH'H:i buildings or structures part of a present or future multi-building complex, shaH should achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion~ and location. (Ord. No. 95 01, S 1, 3 21 95) Additions and expansions should be designed, sited, and massed in a manner which is sensitive to and compatible with the existing improvement(s). When a distinct development or architectural style exists within a surrounding two (2) block area, consistency or compatibility with that style should be encouraged. 1. Additional standards. a, Building design elements. (1) Massing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (4) Oyerall design. Design of the project shall proiects should be tailored to the specific site and shaH take into consideration the protection and enhancement of aft;' natural features efef adjacent to the site as an element in the overall design, 1. Proposed buildings and structures shall be related harmoniously to the terrain, other buildings and the surrounding neighborhood, and shall not C1'eate through their location, style, color or teKture incompatible physical or visual relationships. B. \Vhen a distinct development or architectural pattern eKists v.'ithin a surrounding two block area, consistency with that pattern January 17, 2008 4 EXTERIOR BUILDING AND SITE DESIGN STANDARDS shall be required, unless the pattern of development is in a dilapidated condition. This pro','ision shall not require buildings to be exact copies of each other. C. Buildings or structures ':/hich are percei':ed as part of a present or future group of buildings shall exhibit similar, unifying design elements. D. 'Nhen the Mea involved forms an integral part of, or is immediately adjacent to, or otherv.ise cleMI)' affects the future of any established section of the city, the design, scalc~ and location on the site shall enhance rather than detract from the character, ','alue, and attraeti'leness of that section of the city. c. Buildin2 Location and Appearance. E. Buildings and other stmetl:1:res: All buildings and structures should be located proposed to be located '.vithin a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. +he follo\'r..ng guidelines shall be follo'Ned in the revievl and evaluation of all buildings and structures: 1. Location. ^ Building Location. 1. .1...... Outbuildings, either loeated on the same parcel or 8:1l adjaeent pareel afl the prinoipal building, shall not be located so afl to totally block from the street, the \isibility of any tenan-t spaee 'within the pnneipal building on the site. Blocking shall be eOFlsidered to oocur if at the street frontage, fue head on view of a tenant space '.vithin the principa.l bl:lilding is not partially visible. a. ;h Buildings should shaH be designed and sited to fully utilize the site and avoid unusable or inaccessible open space or parking spaces, b. ~. Siting and orientation of buildings must respond to consider the pedestrian and I or vehicular nature of the street on which it is located. 2. Appearance. f: a. All building facades of a building that face or are visible from public or private streets shall should be designed to be as attractive in appearance as the front of the building. Likewise. building facades exposed to internal parking areas or adiacent residential or commercial properties should be January 17,2008 5 EXTERIOR BUILDING AND SITE DESIGN STANDARDS visually attractive throu!!h the use of a combination of roof design, architectural detail. or recessed wall lines. and landscaping, b. Buildin!! desiQ:I1 of non-residential uses located within sin!!l e- famil y and two-family residential zoning districts should be consistent with surrounding residential styles, 3. Human Scale. F-o All building designs should shall achieve a sense of human scale through use of insets, balconies, window projections and other building elements in the design of a structure. All portions of a proiect frontin!,!: a street or sidewalk should incorporate an architecturally appropriate amount of transparency at the first level of commercial and mixed-use developments in order to achieve pedestrian compatibility and adequate visual interest. Discouraged Recommended D. Sustainable Development. All developers are encoural!ed to incorporate the applicable provisions of the United States Green Buildin~ Council (USGBC), Florida Green Building Coalition (FGBC) standards, or better. for green buildin!!s and developments, January 17,2008 6 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 3. Community Deshm Standards Section 1. Title Section 2. Purpose Section 3, Definitions Section 1. ..^..pplieahility Section 5. Community Design Revil2l\v and ..^..pproval Section 6. Exemptions Seetion 7. ,,^..dministration and Interpretation of Regulations and Pro','isions Section 8. Reserved Section 9. General Intent Section 10. Site Criteria Section 11. EJetenor Building Design Section 1. Title. This ehapter shall be knO';lR and may be cited as the I1Bo)nton Beach Community Design Planl1. (Ord. No. 95 01, ~ 1, 3 21 95) A. Exterior of Buildin!! A. Building design approval shall be based on the use of the structure, its relationship to the site, and its compatibility with the surrounding natural and built environment. Sec. 10. Site Criteria 1. All buildings. structures. and site improvements required under this section and structures shall comply with the following community design standards: commumty design plan. Section 8. Re',1.6'N standards,_The follo',ying standards shall be utilized by the planning and zoning dl2iflartmoo.t and all other applicable depar1:l.:tlents for re';iew and evaluation of all required plans and eKhihits. 1. Architectural Enhancements. ~ Artieulation. 'VeIl artieulated buildings Facade articulation adds aeEi architectural interest and variety to the massing of a building and prevents a plain. help break up the January 17,2008 7 EXTERIOR BUILDING AND SITE DESIGN STANDARDS monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the facades. This maybe achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line~ and break up flat surface areas. A minimum of three (3) of the following architectural enhancements or other similar treatments shall be integrated into all applicable building facades to avoid the appearance of a blank wall: a. Columns or pilasters; b. Decorative cornices; c. Horizontal banding; d. Arches; e. Decorative vents or louvers; f. Moldings and trims; & Decorative shutters; h. Bay windows; i. Faux windows; 1 Art elements: and k. Canopies. balconies. overhangs. and other horizontal proiections, In addition. multi-story buildings shall incorporate these design features in coni unction with the architectural enhancements listed above within this subsection. 2. Exterior Treatment and Finishes. Exte.icr buildinl? finishes shall be limited to: l!.: Brick or brick veneer; b. Stone or stone veneer; January 17,2008 8 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ~ Stucco: and d. Split face (accent only). pre-fanned, or textured masonry block. 3. Symbols. ~ Buildings, which are of symbolic design for reasons of advertising, unless otherwise consistent with the criteria herein, shall not be allowed. Symbols attached to buildings shall not be allm,ved, unless the)' are seoondary in appearaHoe to the building aHd landscape and are an aesthetic asset to the building; ~ All permanent outdoor identification features which are intended to call attention to a proposed development and / or structures shall be designed and located in such a manner as to be an integral part of the development. 4. Buildifi!! Paint Color(s). .!: Pm"DOSe and Intent. The Purpose of this subparagraph IS to enhance the unique architectural environment of the City by establishing general standards for the choice of colors for the exterior surfaces of buildings and structures, including courtyards accessible to the public. ~ Materials. .\ variety of materials must be utilized to provide ','isual interest to the buildings. Colors aHd materials must be seleoted for compatibility ',vith the site and the neighboring area. The e~(terior building design must be ooordinated on all elevations ',vith regard to color, materials, architectural form, and detailing to aohieve design harmony and oontinuity. b. ADDlicabilitv . The painting of all public and private development. but not limited to, new buildings, structures. additions. alterations. roof tiles or roof finishes, and the repainting of existing buildings and structures. This subparagraph also includes the reflectance, tinting, and coloration of glass on the elevations of a building or structure. c. Standards. ill A minimum combination of three (3) complimentary building colors shall be used for each development. Painted surfaces include the wall. trim, and accents. January 17, 2008 9 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Color( s) shall be compatible with the surrounding area and used to complement the development; ill Paint color should be used to hiQhli~ht architectural forms and details but not to create them. Architectural murals may be appropriate for a particular building and may be considered on a case-bv-case basis; ill. When a non-residential building contains more than one ( 1) storefront. the building colors shall not be different to distinguish between each storefront and ill Stone or tile surfaces shall not be painted unless complimentarY to the development. 5. A wnill1~s and Canopies. The following desiQIl standards shall be applied to awning and canopies within all districts: a. Function. AwninQs shall be of adequate height and depth to provide protection to pedestrian from the elements and used in a manner that accentuates architectural features and embellishments; b. Size. The size of an awning should be proportional to the scale of the host buildinQ and the surrounding streets cape; and S Appearance and Color. a. The appearance and color(s) of awninQs shall enhance the overall desiQIl of the building and be compatible with the selected building material(s) and color(s). b. All awnmQS shall incorporate uniformity ill their design (including valances). Scalloped valances may be permitted provided that their appearance and color is compatible with the type and shape January 17,2008 10 EXTERIOR BUILDING AND SITE DESIGN STANDARDS of awning being used as well as with the architecture and materials of the building; and d. Miscellaneous. ill Within Right-of-Way. Awnings may extend over a public sidewalk within a right- of-way. The applicant shall obtain all necessary approvals and permits for those canopies or awnings that extend into the public right-of-way, prior to the issuance of a permit. m Maintenance. See Section 4. for additional regulations regarding the maintenance of awnings and canopies. 6. Monotonv Restrictions. In order to enhance a desired character or appearance and to promote a variety of architectural structures, proiect may be required to include a diversity of floor plans and / or elevations, or a variety of residential housing models and I or architectural styles, including but not limited to floor plans, elevations. building scale. building massing. building proportion. architectural trim and architectural details, within a development. For example. the City may require any number of different floor plans of a particular architectural style within a development. and may require as a condition of approval that a certain number of lots on either side or on the same side of the street be constructed with any number of different floor plans or housing model types. For purposes of this section. "monotonous" means houses with identical floor plans or elevations. See Section 3.E.3 below for additional monotony restrictions for wall and fences. 7. Overhead Doors. :h Due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress Avenue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Park Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of.. which include Me considef'ed entrances to January 17, 2008 11 EXTERIOR BUILDING AND SITE DESIGN STANDARDS the City, the following additional exterior design requirements apply: a. h Overhead doors shall not be located on a building facade(s) visible from that faces any of the above public or private ril!hts-of-way: and street b. Buildinl! facades that are visible from anvof the roadways listed above shall be desi\!Iled in such a manner as to enhance and disruise the appearance of a warehouse and I or service area. 2, Industrial buildings located on any of the above streets shall be designed in such a manner so as to disguise their typical v.rarehouse appearance. 8. Downspouts. External downspouts shall be enclosed within the buildinl! structure on any building elevation visible from areas within the property accessible by the public. from adioining properties within the same master development (including drive aisles and parking facilities). and from public rights-of-wav. Downspout enclosures shall be incorporated into the desi\!Il of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building, or are consistent with the building's architectural style. 9. Mechanical Equipment. Lack of or inadequate screening of mechanical equipment can have nel!ative visual impacts on the City's streetscape. ambient landscape, or community ima!!e. Mechanical equipment can further negatively impact the surrounding properties because ofthe noise that may be produced. Such impacts shall be minimized throul!h compliance with the following requirements: a. Rooftop. E: Rooftops will be treated as part of the building elevation. The building Buildinl;!s shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs, and elevator towers. All rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Where feasible, rooftop mechanical equipment shall be located within the area of the roof surface that is farthest January 17,2008 12 EXTERIOR BUILDING AND SITE DESIGN STANDARDS away from ad;acent residential uses or residential zoned property. Q. At-Grade. ~ Exterior utility boxes, meters, transformers, etc. shall be screened from public view either by a buffer wall in accordance with Chapter 3. Article V. or by a continuous vegetative buffer as required by Chapter 4. Article II. Section 5.F the Landscape Code. The intent is to create an opaque barrier constructed of compatible materials matching the building in color, or its equivalent in the form oflandscaping, to a height at least equal to the highest point of the equipment. Structural screenmg shall be architecturally inte~ated into the overall pro;ect design and shall be compatible. in terms of style. construction materials. colors. and finish. with the principal structure(s). Where feasible. on site mechanical equipment shall be located as far away from ad;acent residential uses or residential-zoned property as is feasible. 10. Drive- Through Facilities Drive up and I or Walk- up Windows.!h Walk-up windows and drive-through facilities shall not be allowed on any building facade that directly fronts on a public or private right-of-way. On eligible building facades (sides and I or rear). the following design standards are required where windows for drive- through facilities are proposed: Drive up or v/alk up windo',vs for commercial uses shall not be located on a building facade that faces a public or private street, unless the follov/ing requirements are met: !h -h The building facade shall have windows that occupy no less than 25% of the facade and that are located at the pedestrian level. A maximum of 10% of this 25% maybe non-transparent simulEtted windows. b. b The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. ~ ~ The building facade shall have at least one offset having a pitched roof. January 17,2008 13 EXTERIOR BUILDING AND SITE DESIGN STANDARDS d. Additional landscaping for the screening of drive-through facilities is required in accordance with Chapter 4, Article II, Section 5,D. B. Usable Open Space and Plazas. 1. General. a. Purpose and Intent. Open air and semi-enclosed public gathering spaces can act as central organizing elements in a large development. Thev can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. b. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules, regulations, ordinances. or laws. the most restrictive shall apply. Additionally, specific design provisions within the zomng district regulations of subparagraph "2" shall take precedence over the 2:eneral design standards of subparagraph "3". 2. Minimum Reauired bv Zonin2 District !.: Mixed Use-Hi2h Intensitv (MU-H) District. U sable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) of the site shall be devoted to usable open space. consisting of plazas or public open space, excluding private recreation areas. b. IniIll Planned Unit Development (IPUD). A minimum of 200 square feet of usable open space shall be required per dwelling unit pursuant to Chapter 3. Article III. Section 2.G.S, j-; Natural features. The physical attributes ofthe site shall be respected with particular concern for preservation of natural features, tree growth and open space. (Ord. No. 96 32, ~ 1, 8 8 96; Ord. No. 96 51, S 2, 1 21 97; Ord. No. 98 36, ~ 1, 9 15 98; Ord, No. 99 23, S 1, 9 7 99; Ord. No. 99 21, ~ 1, 9 7 99; Ord. No. 02 025, S 2, 6 18 02; Ord. No, 01 027, S 3, 1 20 01; Ord. No. 01 061, ~ 2, 8 17 01; Ord. No. 01 068, S 2, 8 17 01; Ord. No. 05 031, ~1, January 17, 2008 14 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 7 1905; Ord. No. 05 011, ~2, 8205; Ord, No. 06 011, ~ 2, 1 17 06) Interior and open spaces shall meet the following criteria: d. U sable open 5paee:- ill Shall be required for residential development projects and mixed-use residential projects; ill Shall be designed to be available and accessible to every dwelling unit proposed~ ill ~ Shall include consolidated areas principally set aside for active or passive recreational space; (3) Shall not he occupied by streets, drives, parking Meas, or structures other than recreational struotlEes; (1) Shall be desigBed to be available and aocessible to every dVlolling unit proposed; ill ~ Shall, where feasible, be centrally located in the development; aBd ill. f61 May be designed or sited in coni unction with but shall Shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation I natural areas, and water bodies-;-; and @ Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. c. Suburban Mixed Use (SMU) District. Usable open space shall be required for each component of the mixed-use development pursuant to Chapter 3. Article III, Section 5.G.l. In addition, the following standards shall apply: ill U sable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives. parking areas, or structures other than recreational structures. January 17, 2008 15 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill All least 50% of the required usable open space for single familv residential uses shall be contained in one (1) or more common pooled areas and a rectan!!le inscribed within each common pooled area shall have no dimension less than 75 feet; and ill Up to 50% of the usable open space required for all other uses mav be hardscaped plazas and public gathering places. 3. General Desi2n Standards. Wherereouired or recommended. plazas and usable open space shall be designed as follows: a. Location. ill Common open space areas shall be located so as to be readilv accessible and useable by residents or visitors in various locations of the development. unless the lands are sensitive natural resources and access should be restricted; ill The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail. or specific topographic features require a different confi guration. An example of such topographic features would be the provision of a trail or private open area along: a riparian corridor; ill Where private common open space areas. trails. parks. or other public spaces exist adiacent to the tract to be subdivided or developed. the private common open space or pedestrian amenity shalL to the maximum extent feasible. be located to adioin. extend. and enlar~e the presently existing trail. park, or other open area land; ill At minimum. the area shall be lighted to meet the requirements of crime January 17,2008 16 EXTERIOR BUILDING AND SITE DESIGN STANDARDS prevention throuQ:h environmental desi~ (CPTED) principles: and ill To the maximum extent feasible, where siwificant natural and scenic resource assets exist on a property, priority shall be mven to protect and preserve as common open space. The assets shall be prioritized as follows: ill Wetlands: .ilil Flood hazard areas: and (iii) Tree preservation areas. b. Materials. Plazas shall be desiwed with pavers and landscaped areas in order to provide a place for the public to enioy the outdoors. Boardwalks may be used if the property is located alonQ: the Intracoastal Waterway provided that the boardwalk area is sized comparably with the intent of this subsection. S Seatin2 Areas. At least one (1 ) linear foot of seatinQ: for every 30 square feet of plaza space is required. SeatinQ: surfaces shall have a minimum depth of 20 inches: d. Access. ill. Pedestrians shall have direct access to the plaza from at least one (1) maior thorouQ:hfare and at least 50% of the plaza frontaQ:e: ill At least one (1) accessible route complying with the Florida BuildinQ: Code shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site. ill Curb cuts providinQ: motor vehicle access onto a plaza are prohibited: however, plazas may be desiwed to provide access for emergency vehicles: January 17,2008 17 EXTERIOR BUILDING AND SITE DESIGN STANDARDS e. Landscapin2. ill Landscape strips and perim eter landscape buffers, required under Chapter 4, Article II, Section 3.R cannot count towards the minImUm requirements of this subsection: and ill Trees are required in accordance with Chapter 4, Article II, Section 5.C. f. Maintenance. All common open space or pedestrian amenity areas shall be maintained bv the owner( s) of the development. C. Off-Street Parkin2 Facilities (bv Zonin2 District). 1. General. ~ Purpose and Intent. The location of off-street parking areas and the tyPe of parking facilities proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide desi{ffi standards tailored to distinct geographic areas of the City to ensure that the location, type, and appearance of off-street parking areas is appropriate with the type, intensity, scale, and location of new development. The intent of this section is to promote standards that are functionaL practicaL equitable. and creative. b. Types of Off-Street Parkin2 Facilities. The four (4) tyPes of off-street parking facilities regulated herein are as follows: Surface parking, understory parking. freestanding parking 2:arages, and integrated parking garages. They are generally described as follows: ill Surface Parking. A parking area where there is no gross building area below or above the parking stalls, except for ancillary structures such as shade canopies or similar structures. January 17, 2008 18 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Understory Parking Garage. An off- street parking area located below m-oss building area. Parking stalls are typically located on or below ground level. ill Freestanding Parking Garage. An off-street parking area located within a structure with two (2) or more levels, where the parking structure is the principal use of the building. Freestanding parking garages may include accessory habitable or non-habitable building areas located at ground level. ill Intem-ated Parking Garage. An off- street parking area located within a structure with two (2) or more levels, where the parking structure is the accessory use of the premIses. Integrated parking garages are located within mixed-use developments and habitable m-oss building area is wrapped around the facility on all levels. S General Rules ill All parking facilities may contain small. permanent structures, such as shade structures and booths used by parking attendants. ill For the purpose of this section, "Urban Mixed-Use" districts include the Mixed Use-Low Intensity 1 (MU-Ll), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use- Low Intensity 3 (MU-L3). and Mixed Use- High Intensity (MU-H) district. ill "Overlay Zones" include the Urban Commercial District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone. 2. All Districts. B. Vehioo.lar and Pedestrian Circulation. 1 !: Separate vehicular and pedestrian circulation systems on a site are encouraged and designed in January 17, 2008 19 EXTERIOR BUILDING AND SITE DESIGN STANDARDS accordance with Chapter 4. Article VI. Section 1.e. In addition. curbs and wheel stops shall be installed in conformance with Chapter 4. }\rticle VI. Section 2.1. b. 2- Vehicular and pedestrian circulation systems on adjacent properties shall be linked to encourage cross-access. c. ~ Parking lots Off-street parking facilities and other vehicular use areas shall be integrated with surrounding structures and with the building, or group of buildings, that they serve. d. 4-: Design emphasis shall be given to the entrances and exits to parking areas, through use of landscaping, unless otherwise determined by staff to be contrary to the design obiectives and principles of this article. e. See Section 3.0.3.i for additional regulations reQ:arding pedestrian pathways within off-street parking areas of larQ:e non-residential (big box) developments. 3, "Urban Mixed Use" Districts and Central Business District (CBD). Within "Urban Mixed-Use" districts. off-street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets, notwithstanding other provisions of these regulations that require a specific setback for a ?araQ:e for a residential dwelling unit. The intent of these regulations is to emphasize buildin!;!s and pedestrian features within the streetscape and minimize the visual impacts of parking facilities, Where possible, parking areas should be located to the rear of a proiect. Also where possible, access to parking areas shall be from side streets, in order to minimize driveways and vehicular / pedestrian confli cts, The following standards shall apply to all properties located within Urban Mixed-Use districts as described in subparalITaph Section C.l.c.(2) above: a. Surface Parkin!!. Within the "Urban Mixed-Use" districts, surface parking should not be visible from an arterial or collector roadway. Structured parkin!;! is preferred for all mixed-use development. January 17,2008 20 EXTERIOR BUILDING AND SITE DESIGN STANDARDS b. Understorv Parkin!! Gara!!e. Understory parking (on the first floor of a structure) is allowed throughout all "Urban Mixed- Use" districts. ~ Freestandin!! Parkin!! Gara!!es. Freestanding parking garages are allowed within the "Urban Mixed-Use" districts provided that they do not have fronta~e on any arterial or collector roadway. The height of the freestanding parking garage may not exceed 75 feet in the MU-H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph "d" below. d. Inte!!rated Gara!!es. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every "Urban Mixed-Use" district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along a public rililit- of-way or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet. so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining facade( s) of the integrated. garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adiacent structures within the subiect development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping, shutters, and / or other architecturally articulated facade features in order to soften its impact. January 17,2008 21 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 4. Suburban Mixed-Use (SMU) District. a. Understory Gara2es. Understory parking (on the first floor of a structure) is allowed throu!!hout the SMU district. b. Freestandin2 Gara2es. Freestanding parking garages are not allowed within the SMU district. All parking structures. excluding understory gara!!es. shall be designed as an integrated !!ara!!e as provided for in subparagraph "c" below. c. Inte2rated Gara2es. Parking garages that are incorporated into the same structure as a principal building. including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper- levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a sin!!le-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area. such as storefronts. to a minimum depth of20 feet. so as to disguise the !!arage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining facade( s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adiacent structures within the subiect development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines ). planter boxes. tall landscaping. shutters. and I or other architecturallv articulated facade features in order to soften its impact. 5. "Overlav Zones". One of the obiectives of the Urban Commercial District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone overlay zone is to prevent the placement of off-street parking areas between the front of the building and the rights-of-way. January 17, 2008 """) EXTERIOR BUILDING AND SITE DESIGN STANDARDS 6. Miscellaneous. a. Parkin!! Calculations. Required parking for all uses shall be as set forth bv Chapter 4. Article V. Section 2. b. Off-Site Parkin!!. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4. Article VI. Section 8.D.2. ~ Interconnectivitv . Interconnectivity between off-street parking areas. including drive aisles and pedestrian connections. shall be planned for and designed in accordance with Chapter 4, Article VI. Section 8.D.3. d. Off-Street Parkin!! for Lar!!e Non- Residential Development (Hi!! Box). See Section 3.G.3 for additional regulations regarding off-street parking lot locations for large non- residential (big box) developments. ~ Trash Collection Points. ill Screening. See Chapter 4. Article VI. Section 5 for additional regulations regarding the appropriate location and screening of trash collection areas. @ Landscaping. See Chapter 4. Article II. Section 5.G for additional regulations regarding the landscaping of trash collection areas. e. Trash oollection. (1) Speoial emphasis shall be placed on trash oollection points. (2) Trash containers or dumpsters must bo soceencd a:nd designed such that they are not visible from or disrupti'.'6 to adjacent properties, streets, and rights of v:uy ':lhile still being conveniently accessible to taeir users and oolleotors. January 17,2008 23 EXTERIOR BUILDING AND SITE DESIGN STANDARDS tB Dumpsters or trush containers shall not be located 'vvithin setbacks abutting single family residential developments. D. Pedestrian Amenities. 1. General. The purpose and intent of this section is to provide regulations that require developments to locate, install and maintain pedestrian amenities and to provide for controls and rel!Ulations to protect the public health. safety, and general welfare of the residents and visitors. The requirements for pedestrian amenities will further the City's goals and obiectives by providing for alternative means of transportation that improve air quality. reduce energy consumption. efficient use of vehicular parking facilities, proper disposal of waste, and provide for the enhanced physical appearance of the City, The Director of Planning and Zoning or designee mav waive certain pedestrian amenity requirements of Table 4-9 based on consideration of the number of emplovees, forecasted anticipated number of customers and proiected bicycle and pedestrian traffic. January 17,2008 24 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 2. Standards. a. Table 4-9. Pedestrian Amenities. The minimum number of pedestrian amenities shall be required as follows: , '.' PEDESTRIAN AMENITIES Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed othenvise. Any "Commercial, Retail Sales and 1 per 12,500 1 per 12,500 1 per 12,500 Services" use; Greater than 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 sf. 25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,000 30,000 30,000 Hotel & Motel; Group 1 per lOO units 1 per 25 units 1 per 25 units Home Type 3 or 4 Any "Arts, Entertainment, and 1 per 15,000 1 per 12,500 1 per 12,500 Recreational" use Any "Industrial" use 1 per 30,000 1 per 30,000 1 per 30,000 Any "Office and Health 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 then 1 per 25,000 then 1 per 25,000 then 1 per Care" use 50,000 25,000 25,000 Any "Educational" use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms Dwelling, Multi-family 1 per 75,000 oflot 1 per 25,000 oflot 1 per 25,000 oflot (3+ units) area area area Church 1 per 30,000 1 per 30,000 1 per 30,000 b. Where the number of required pedestrian amenities as computed includes a fraction. the number of amenities shall be the computed number rounded to the next highest whole number; ~ All pedestrian amenities shall be located on the same building site which they serve and situated on a site so that they do not obstruct the flow of pedestrians usmg the building entrances or sidewalks and shall adhere to Florida Accessibility Code for Building Construction; January 17,2008 25 EXTERIOR BUILDING AND SITE DESIGN STANDARDS d. The owner. tenant and their a2:ent. if anv, shall be iointlv and severallv responsible for the continued proper maintenance of all pedestrian amenities and shall keep them in proper. neat. and orderly appearance; ~ Bicycle racks and benches shall be located under an overhan~ of a building, covered bv a separate structure or located under shade and shall be located convenient to the principal entrance(s), unless an outdoor plaza or outdoor space is provided on site; f. To the maximum extent feasible, trash receptacles should include ashtrays and be located near other pedestrian amenities. The number of receptacles provided may be reduced if located within close proximity of benches; (J On a case by case basis. additional pedestrian ~ amenities may be required for other land uses not listed in Table 4-9; h. Additional pedestrian amenities mav be recommended, depending on proiected need; and i. A certificate of occupancy or certificate of completion shall not be issued until pedestrian amenities are provided in accordance with this subpara!ITaph; and 1 All pedestrian amenities provided bv the property owner shall be decorative in nature and substantial in construction. Their design and appearance must be aestheticallv pleasine and compatible with the subiect site. adiacent properties, and streets cape furniture, including public improvements and furniture located within the public ricl1t-of-wav, No signaee or advertising shall be permitted on pedestrian amenities. E. Walls and Fences. BRd ERelesures. E. \VaUs, fences, enclosures, and similar incidental site structures shall resemble, 'llith respect to color and materials, the design of the principal buildings and shall be integrated ',','ith other site element~. Design, construction, and appearance of walls and fences are important components of site development. Their appearance and upkeep are January 17,2008 26 EXTERIOR BUILDING AND SITE DESIGN STANDARDS visual reflections of community character and quality. This subsection shall apply to all new walls and fences. 1. Design. Wall and fence design shall be enhanced and decorative in appearance where visible bv the public under the following circumstances: ~ From the interior of a property; b. From public or private ril!hts-of-wav: or c. From abuttinl! or adiacent properties, 2. Consistency. Enhanced walls and fences shall be designed in an architectural style consistent with the principal structure( s ). incoTPoratinl! the dominant exterior material( s), colors. and finishes of that structure, 3. Monotonv Restrictions. Enhanced walls and fences shall be designed with offsets. banding. columns. posts with lintels. finials. or caps. landscape pockets. and other elements to avoid an expansive monolithic or monotonous appearance. Such elements shall be included every 30 feet or less. Decorative wood or pve / vinvl fences shall either be picket. rail basket weave. or shadow-box style. As noted above. decorative fences shall not be installed in such a manner so as to create a monolithic or monotonous appearance. Every two (2) fence panels or 16 feet of fence must be interrupted bv decorative columns or posts. visible from the exterior of the property and topped with decorative capitals. This requirement will not be satisfied bv the reversinl! of the fence material to place the unfinished side out. exposing the four (4) inch bv four (4) inch posts and crossmembers to the exterior. 4. Chain-Link Fences. No chain-link fences shall be allowed within the front or side corner setback where they are visible from public or private ril!hts-of-wav. January 17,2008 27 EXTERIOR BUILDING AND SITE DESIGN STANDARDS F. Miscellaneous Outdoor Structures (Excludin2: WaIls and Fences) L Transit Shelters a. Purpose and Intent. The purpose and intent of this subpara~aph is to maximize availability and accessibility of mass-transit by providing an amenity for patrons. help beautify corridors by creating positive ~atewavs into and out of the City. and to provide safer environs for mass- transit users and motorists. b. Standards. A transit shelter is a roofed structure that may provide seating areas and is typically located within the right-of-wav, When located on private property. the following shall apply to transit shelters: ill When an outside governmental agency acquires an easement on private property for the purpose of constructing a transit stop shelter. these improvements shall not be subi ect to mlmmum setback requirements of the zoning district; ill Applicants should be encouraged to accommodate transit stops for the county bus service and other types of transit svstems. including a future water taxi service. Fire lanes and other emergency vehicular accessways may be designated bv the appropriate public agency. Uses that require service by large vehicles should be designed to allow large vehicle access without blockage of adioining vehicular or pedestrian circulation; ill Location of the transit shelter shall be subiect to cross visibility and safe sight regulations; ill Waste receptacles and bicycle racks shall be required: and ill The design and architecture of the transit shelter should be compatible with the January 17, 2008 28 EXTERIOR BUILDING AND SITE DESIGN STANDARDS principal building( s) oflarge non-residential (big box) developments (see Section 3.G.3) or consistent with an overall redevelopment plan that provides aesthetic and uniform design guidelines for shelter design. 2. ShoPPin2 Cart Corrals. Shopping cart corrals shall be compatible with the architectural design. colors. materials. and finishes of the principal structure. G. Standards for Specific Uses 1. Use Matrix Notes and Restrictions. The following uses. which correspond with the Notes and Restrictions of Chapter 3. Article IV. Section 4. contain special standards related to exterior building and site design: !!: Group Home Tvpe 1 (Note #21). For new construction. the facility shall have building elevations that are residential in character and similar In appearance to the surrounding nei ghborhood. They shall not be institutional in appearance. b. Auto Dealer. New (Note #23). Within the MU-L3 and MU-H districts. the following shall apply: Overhead doors shall not be visible from any maior roadway frontage. c. Auto Dealer. Used (Note #24). Within the MU-L3 and MU-H districts. the following shall apply: Overhead doors shall not be visible from any maior roadway frontage, d. Gasoline Stations (Note #28). All Gasoline Stations located on designated out-parcels to shopping centers. business centers. or other planned commercial developments shall conform in design to the approved design plan of the principal center. !:: Automobile Rental (Note #37). Within the MU-L3 and MU-H districts. the following shall apply: Overhead doors shall not be visible from any maior roadway frontage. See Section 3.A. 7 for additional regulations regarding overhead doors. January 17,2008 29 EXTERIOR BUILDING AND SITE DESIGN STANDARDS f. Dav Care (Note #62). Within all residential districts. the following shall applv: Building design shall be consistent with surrounding residential styles. u Stora!!e. Self-Service (Note #64). For all .=.:. Self-Service Storage facilities adiacent to or visible from any arterial right-of-way roadwav. the following shall applv: ill The exterior colors. facades. windows. roof. and buildine materials shall be compatible with the character of. or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. ill All facades visible from arterial roadways shall provide variety and interest in the facade(s). These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width. a perceptible change in wall anele. or a corner. Other design attributes shall include. roof slope and materials. windows. awmngs. fencing and other aesthetic elements. ill Within the SMU. MU-LL MU-L2. and MU-L3 districts. the following shall apply: Buildings shall be designed to have the appearance of a multi -stOry retail. office. and I or residential structure through the use of similar windows. shutters. and appropriate buildine elements on the upper floors. 2. Mixed-Use Developments. ~ Applicabilitv . These standards shall apply to all properties currentlv zoned Central Business District (CBD). any property located within the "Urban Mixed Use" districts. (see Chapter 3. Article III. Section 6). or any commercially zoned properties located within the January 17,2008 30 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Urban Commercial District Overlay Zone (see Chapter 3. Article III. Section 8.), b. Buildin!! Location. Within mixed-use and non-residential developments. structures proposed along arterial roadways shall be required to OCCUPy the en tire length of the street frontage. notwithstanding areas set aside for side corner yard setbacks and driveways needed to access the rear of the property, This building location requirement along the arterial roadway only applies to new construction or maior site plan modifications to existing developments. Also see Chapter 4. Article II. Section 3.B.5 for additional streetscape design requirements. 8, Building placern.ent, massing and orientation. Strueturcs fronting on arterial madv/ays v:ithin the}"ill Hand}"ill L Zones and shall occupy the entire width of the pm-cel they m-e located upon, notv:ithstanding corner side setbacks and clearance needed for a drive that may be required to access the rear of the proporty. S Shade and Shelter. This region's climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. Developments subiect to this section shall meet the following shade and shelter requirements: ill Shaded Sidewalk. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adiacent to or facing an arterial or collector roadway or adiacent off-street parking area. When abutting off-street parking areas. the shaded sidewalk shall be raised above the level of the parking by way of a defined edlle. Ramps for wheelchairs alongside the building must also be shaded. ill Building Entrances. Building entrances shall be located under a shade device such as an awning or portico. January 17,2008 31 EXTERIOR BUILDING AND SITE DESIGN STANDARDS d. Windows. Windows shall be located at pedestrian scale. e. Compatibilitv. &c Proposed projects should compliment existing or approved adjacent mixed use project~ in terms of height, color, style massing, and materials. Projects proposed that ,-,yould abut a single family zoning district should be designed to avoid a reduction in pri','acy of the adjacent neighborhood through measures such as, but not limited to, additional landscaping, orientation ofvlindo'.'ls and balconies, and layout of upper units. 3. Lan!e Non-Residential (Bi2 Box) Development Re2ulations. a. Purpose and Intent. Lar{!e commercial buildin{!s have a maior impact on the aesthetic fabric ofa community. The purpose of the following regulations is to achieve an optimal appearance of those structures typically called "Big Boxes". which are often larlle square or rectanl;!Ular- shaped buildim!s with limited architectural enhancements. These rel;!Ulations are intended to set minimum design standards for large buildinlls to ensure their positive contribution to the Citv's character and fabric, b. Applicabilitv . The following standards are applicable to any commercial structure in excess of 15.000 square feet. unless stated otherwise herein. The term "commercial". as used in these regulations. shall also include structures utilized for office uses and those industrial uses that front on arterial or collector roadwavs. c. Facades. All facades visible from abuttinll properties or public streets shall be designed and enhanced with architectural features that provide visual interest at pedestrian levels, reduce the massive appearance of the buildinll, and reflect the local character ofthe community. These facades shall meet the following obiectives: ill Community integration shall be achieved through the choice of building January 17, 2008 "? J_ EXTERIOR BUILDING AND SITE DESIGN STANDARDS materials. architectural style. extensive use of windows. and multiple complimentary paint colors. ill Building design shall include a mix of massing and building heights. and varying roof lines on all facades. ill Architectural styles shall not be used that are tailored to further "corporate" identity obiectives rather than the existing or planned identity and character of the surrounding community. and which are inconsistent with these regulations. ill Architectural elements. excluding complimentary accent features. shall be integral components of the building fabric and constructed of durable and substantial quality and not superficially applied trim. ill All building facades shall be designed with "repeating patterns" that include no less than three (3) of the following elements: color change. texture change. material module change. or a chang-e in plane (recess or proiection). at maximum intervals of 50 feet. The recess or proi ection of a change in plane shall be at least 10 feet in width. two (2) feet in depth. and finished from grade to the roofline. At least one (1 ) of the design elements listed above shall repeat horizontally. {Q} Material changes may substitute as an alternative to the required offsets as noted above where decorative and substantive roofline changes are coupled with a correspondingly aligned facade. ill A minimum of two (2) different types of building materials. allowed under Section 3.A.2 shall be proportionally used on required facades. A change in stucco texture or use of windows and I or awnings will not count toward meeting this requirement. January 17, 2008 33 I': . ... .... ,.;ll-; .~'" ;~ ',.,- ..'" __~ ""'0'" '_.~...~..,...., ,.,., ...,...... -.....'.--..--. -..--".- -"':'P'i' ~s~(~~{;;~J' ." ;(~.,,;~~,;,~,-..,---,-,,=~,c.,:.~,;.;:" : . ..Jr,r:...,. ,~.,<<~,,~r~'~rm!t,:. 'n'" '--:~ '.>-~),.,~~.,'->'r", .::j:~":~~~~~~~~~M~~~~{~'~~~~~~~ft:;;,i.:::'. '" v," :",!' .' ' , .1 fhR"~,,..pJ:'''':''''~;i.:{il~~I:iI''''~~L:'~'''1rr.F~:':::'Vi~i.~I~~'';~' " ;' , .- 11):':I;.',"i;J;iM~r~f~'f\~tr~~~1~~~ tCi '...._.____. "':3T1'1 ~. \. .. .. ,~;)~ ~1~1!!llIIIIij.~. ~a_ll1fIIII[_l ~'!_j_1i..l!illJm, ~~~~ "';"~''"~'~i';:";~!''~~'~,~'l'''''"l'~"""",,~ __._____'u."'___.,.,_____... ';l;'. I. "";',7;' F~I'i .I'-~ ~Ii, ., lei" ~.. n I:' .,fli.. ~il.il" If" .. ~ '; ':~, ..~.~, .!- -- ", ,111, 1!jII,'l,' !m'1 .~ .."':t~ ,-,- T'''' !~ _ ~!!!. '0'f 'Y:~" """~." ,,\,.-,-' , . . . .: . EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Parapet walls shall feature three dimensional cornice treatment. to provide a finished look from any angle. ill Articulation in the parapet wall shall coincide with the horizontal changes within the building. which are required under subparagraph c.5. ~ Windows. ill On any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of window is required for each one (1) lineal foot of facade. ill On any other facade facing a public street. a minimum of 0.8 square foot of window is required for each one (1) foot of facade. ill A minimum of 70% of windows on the front or side facades shall be transparent. The remaining 30% may be opaque, provided that the following conditions are met: ill Window construction using opaque glass shall appear identical to the transparent windows: fill Opaque windows shall not be superficially attached to the wall: January 17, 2008 35 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) Opaque windows shall not be perceptibly different In texture, color. or reflectivity than the 2:1ass of the transparent windows, ffi Architecturally ornate window boxes displaying merchandise onlv. may be substituted for 25% of the required transparent windows and 100% of the opaque windows. This desil!Il element may also be applied to smaller-sized buildings with shorter facades and those buildin2:S without traditional front entrances. ill Windows shall be of pedestrian scale and recessed. See subparam-aph e.n) above for additional regulations regarding displav windows. f. Public Entrances. ill A minimum of one (1) customer entrance should be provided on the front facade, ill All sides of a building that directly face an abutting street with no intervening building, should provide a customer entrance, ill All public entrances to the building shall be the focal point of the facade through the use of a combination of the following architectural elements: pediments, lintels, columns. pilasters. porches. balconies, railings, balustrades. and ornate moldings. Desil!Il features may also include entry recesses I proiections or locating display windows so that they are directly adiacent to the entrance. ffi Any side of a building with a parking field in excess of 20% of the required parking. and where 50% of that parking is located farther than 300 feet from a customer entrance. shall be required to have a customer entrance on that facade. See January 17, 2008 36 EXTERIOR BUILDING AND SITE DESIGN STANDARDS subparaQTaph 1.1 below for additional parkinQ re2:Ulations. ,.... Customer entrance required on side facade > 50% of spaces > 300' 300' radius from nearest entrance from entrance ill A customer entrance proposed for a side facade shall be located a minimum distance from the corner of the front facade equal to 25% of the linea1length of the side facade on which it is to be located. A customer entrance located at the comer of the building cannot substitute or fulfill the requirement to provide entrances on both front and side facades. & Covered Walkways. ill Rules. ill F or the purposes of this subsection only, the "front" of a buildinQ is considered to be the buildinQ facade where a public entrance is proposed. A building that contains public entrances on two (2) or more facades is said to have multiple "fronts", ili2 A buildin~ facade that is oriented toward a public street but does not contain a public entrance is considered to be a "side comer" facade. January 17,2008 37 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) A building facade that is neither oriented toward a public street nor contains a public entrance is considered to be either the "side" or "rear" facade. fu1 A covered walkway IS considered to be an "ARCADE, PEDESTRIAN" as defined III Chapter 1. Article II. (iv) The horizontal extent of a covered walkway shall be measured upon the entire length of a facade where required. ill Greater preference is placed on the proximity of a covered walkway to the location of the public entrance, ill Covered walkwavs are required along building facades that contain public entrances or along facades that are oriented towards public or private streets. The location and horizontal extent of covered walkways shall be based upon the following types of building designs: ill Public entrance( s) on one (1 ) facade: Covered walkwavs are required along at least 70% of the front facade and at least 30% of the side corner facade. No covered walkways are required along the side or rear of the buildin!.!:, ilil Public entrance(s) on two (2) or more facades: Covered walkways are required along at least 50% of each facade where a public entrance is proposed. No covered walkways are required along the side or rear of the building, January 17, 2008 38 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) Public entrance on corner of building: Covered walkwavs are required along a minimum of 50% of each facade where a corner entrance is proposed. The intent is to wrap each facade with a covered walkway. commencing at the corner where the public entrance is proposed, ill Covered walkways shall have a minimum external dimension of 10 feet in width. The minimum internal dimension shall be seven (7) feet in width. absent of any obstruction by columns. furniture. and / or other appurtenances. h. Landscauin!!. ill Foundation landscaping areas for large non-resideritial(big box) developments shall be required in accordance with Chapter 4. Article II. Section 5.B. ill See Chapter 4. Article II. Section 5.J.4 for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non- residential (big box) developments. b Site Amenities. ~ Sculptures, fountains, gardens, pools, trellises, and benches shall be encouraged within the site design. In addition. the following standards shall be required for every 50.000 square feet or fraction thereof of every non- residential (big box) development: ill Two (2) site amenities shall be required. Site amenities include but are not limited to bell or clock towers. pergolas. public seating areas (separate and apart from any outdoor seating provided for an associated restaurant use ). fountains (of at least eight (8) feet in height and 16 feet diameter). and public art but only when combined with another amenity. Public art. which is in fulfillment of the Art in Public Places program. may be utilized to comply January 17,2008 39 EXTERIOR BUILDING AND SITE DESIGN STANDARDS with the pedestrian amenity requirement of this subparagraph. provided that the public art is located in con;unction with another qualifying pedestrian amenitv. ill Pedestrian pathwavs through off- street parking areas shall be required in accordance with subpara0'aph ";(2)" below. 1 Off-Street Parkin2 Lot Orientation. ill Parking areas shall provide safe. convenient. and efficient access. Off-street parking areas shall be distributed around large buildings in order to shorten the distance to customer entrances. other buildings. and public sidewalks. as well as to reduce the overall area and visual blight of the paved surface. No more than 60% of the off-street surface parking area shall be located between any facade and a public street. ill Pedestrian pathwavs shall be required where parking spaces are located in excess of 400 feet from any customer entrance. January 17, 2008 40 EXTERIOR BUILDING AND SITE DESIGN STANDARDS These pedestrian pathwavs shall be a minimum of ten (I 0) feet in width, leading from the farthest parking space to the customer entrance, These pathwavs shall incorporate the use of a combination of decorative pavement. trellises, seating. pergolas. arbors. gazebos. decorative light fixtures and landscaping. 400' to iOn entrilnCl: ill Where off-street parking areas are screened bv outoarcel buildings or is not visible from a public street. a maximum of 75% of the required parkingmavbeadiacent to a front or side facade containing a customer entrance. January 17, 2008 41 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Unique conditions associated with individual sites mav iustify the review and approval of alternative site desi~s that do not specifically comply with the parking lot orientation standards of this subsection. A different desi~ proposal may offer superior results or maximum achievement of the City's obiectives. The above standards may be varied by the City Commission, provided that the applicant can demonstrate there is an unusual site configuration and / or unique circumstances, and the alternative site design clearly meets the intent of these provisions. Alternative design must consider and address the following obiectives: ill Maximize the proximity of parking spaces to customer entrances; ilil Reduce visual blight oflarge expanses of surface off-street parking areas; and (iii) Improve pedestrian connectivity III excess of the minimum standards, ill Regulations shall be enforced in zoning districts and overlay zones where the obiective is to discourage or prohibit off- street parking areas between the building and the rights-of-way (see Chapter 4. Article VI, Section 8.D.). k. Miscellaneous. ill Buildings should be confi~red so they complement outdoor spaces, Walkways, entrances and !lathering areas should have shading features. such as trees, landscaping:. trellis structures. proiecting canopies. covered walkways. arcades. and/or porticos. Seating areas and benches should be located in shaded areas that are close to activity, but that will not block or cause congestion in circulation or at entrances. January 17,2008 42 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Outdoor employee areas should be inte!!rated into the site desil!ll, but should be separated from general public circulation with screemng, ill Accessory uses, including a Gasoline Station or Automotive, Minor Repair within large commercial developments should incorporate the desil!ll characteristics and architectural treatments applied to the larger building. As discussed in subpara2I'aph c.(3) above, the use of standardized "corporate" architectural styles associated with chain type businesses is prohibited. The accessory use should not be the focal point in the front setback. If the accessory use is located forward of the larger building, a 25-foot wide landscape strip shall be utilized along all property lines abutting the operation, including a minimum three (3) foot high berm. Additionally. the accessory use shall be landscaped separately from the remainder of the parking area by a 10-foot wide planting strip. ill See Section 3.F.l for additional regulations regarding the design of transit shelters where abutting or located within large non-residential (big box) developments. ill Large commercial buildings In excess of 75.000 square feet should be structurally designed to be easily divided into smaller tenant spaces in planning for future adaptive re-use purposes. 4. Uses Adjacent to Simde-Familv Residential Zonin2 Districts. a. General. ill Purpose and Intent. These standards are intended to protect lower intensity land uses from higher intensity land uses by requiring the higher intensity land uses to be desil!lled and maintained to reduce January 17, 2008 43 EXTERIOR BUILDING AND SITE DESIGN STANDARDS impacts upon the lower intensity land uses throUl:!:h appropriate pro; ect orientation. additional setbacks for taller structures and recreational facilities. compatible architectural treatments. and proper location and orientation of signs and liQ:hts. ill Applicabilitv. When a new development. other than a sinQ:le-family or two-family dwellinQ: unit abuts or is adiacent to a single-family residential zoninQ: district due to an intervening local roadwav. the following design standards shall applv: v CompatibilitY'vVith surrounding O' development. (1) b. Standards for All Districts. ;;h All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adiacent residential uses and related activities both on the site being developed and adjacent property. Compatibility shall be evaluated based upon y;i1l be judged on how well the proposed development fits within the context of the neighborhood and abutting properties. For this purpose, elevations and cross sections shov,'ing adjacent structures shall be included vlith the site plan application. Single-family homes located within planned districts. multi-family homes. mixed-use pro;ects. and all non-residential uses. where abutting or ad;acentto single-family residential zoning. shall be designed to avoid a reduction in privacy of the abutting or adjacent properties. This requirement may be achieved through measures. such as but not limited to. additional landscaping. orientation of windows and balconies. and lavout of units of upper floors. c. Standards for Planned Residential Districts apUD and PUD). R1 Any IPUD or PUD located ad;acent to single-family residential zoning must locate structures of the same unit type or height. However. if If vegetation, screening or other barriers and I or creative design on the perimeter of an Infill Planned Unit Development January 17,2008 44 EXTERIOR BUILDING AND SITE DESIGN STANDARDS {IPUD) or Planned Unit Development (PUD) district achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: ill tB Any IPUD or pun located adjacent to an existing single-family residential development( s) must locate structures of the same unit type or height allowed by the adjacent zoning district(sh and ilil Additional setbacks are required for structures in excess of 30 feet in hei~t pursuant to Chapter 3, Article ill, Section 1.B. (:!) Structures on the perimeter of an !pun or PUD proj ect, in addition to the basic setback requirements, must be setbaok one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed thirty (30) feet. (3) If an !PUD is located '.'lith frontage on the Intracoastal ',Vatenvay, conditions of appro':al shall include a deed restriction requiring that any marina or dockage build ':lill not e)w6od in width the boundaries of the project's actual frontage on the wa-tor, regardless of \vhat any other governing or permitting entity may allo...'l or permit. Section 4. Maintenance of BuildiD!!s. Structures. and Site. It shall be unlawful for owner( s) of real property within the Ci tv to permit the deterioration of the exterior of a buildinQ: or off-street parkinQ: areas such that it becomes non-compliant with these standards or the minimum standards for appearance and maintenance of public and private property (see Part IT, Chapter 15, Section 15-20). The awninQ:/canopy and support system should be maintained at the same level as other components of the buildinQ:. RustinQ:/peelinQ: support structures shall be cleaned and repainted. Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or replaced. January 17, 2008 45 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 5. Urban Desi2n Guidelines of the Communitv Redevelopment A2encv (CRA). A. Purpose and Intent. The purpose ofBovnton Beach Urban Design Guidelines are to provide a basis for evaluating redevelopment proposals and act as a ~ide for making decisions about public and private improvements within the boundaries of the Community Redevelopment Agencv. It is anticipated that through the use of the ~idelines, both private and public proiects will endeavor to preserve and enhance the form. scale, and visual character that make downtown unique within the citv and the region, The guidelines will assist to ensure that each incremental site design. architectural. and streetscape proiect contributes to a positive image for the city. E. Relationship to Comprehensive Plan. In particular, the guidelines are designed to support the following obiectives in accordance with the City of Bovnton Beach Comprehensive Plan: a. Assure long-term economIC vi tali tv of the downtown; b. Create a vibrant mixed-use development downtown urban environment; c. Create an aesthetically pleasing and vibrant pedestrian oriented downtown; d, Provide improved visual and physical connectivity between downtown districts; e. Encoura~e the creation of exciting and inviting public urban spaces; f. Develop a downtown urban character that is unique to Bovnton Beach; ~ Provide interesting architectural design diversity within a continuity of urban design principles: and h. Provide safe, efficient. and aesthetically pleasing accommodations for vehicular access and parkin!!.. C. Relationship to Redevelopment Plan. The Urban Design Guidelines are applicable to all properties that are located within the CRA. particularly within the Federal Hi2:hway Corridor Community Redevelopment Plan. Heart ofBovnton Master Plans & January 17.2008 46 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Schematic Designs, Ocean District Community Redevelopment Plan, and Bovnton Beach Boulevard Corridor Plan. D. Relationship to Land Development Re2ulations. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Mixed-Use Low Intensity 1 (MU-Ll). Mixed-Use Low Intensity 2 (MU-L2). Mixed-Use Low Intensity 3 (MU-L3). and Mixed-Use High Intensity (MU-H) zoning districts. S:\Planning\Zoning Code Update\LDR Rewrite\Part llI\Chapters\Chapter 4 Site Deve]opment Standards\Final\Artic1e ill Exterior Builidng and Site Design Standards (graphics).doc January 17, 2008 47 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr, Wuebben was not aware of any complaints made to the City against Brick House Billiards, Mr. MacMullen explained while there had been occasional altercations in the establishment, they were always under control and never got out of hand. Additionally, there was police presence at the establishment, and Brick House Billiards proved to be a good neighbor to its fellow merchants during the hurricane and a recent robbery. Motion Ms. Grcevic moved that the request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall, within an existing commercial plaza, zoned C- 3, Community Commercial, be approved, subject to the conditions, Mr, Barnes seconded the motion that passed unanimously. 6. Old Business (taken out of order) A. Land Development Regulation Rewrite- Group 4 - Part II Code Review 1. PROJECT: Land Development Regulations (LOR) Rewrite, Group 4, Part II (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III Exterior Building and Site Design Standards. This proposed section will ultimately replace andenhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2, 4, 6, 7, 10 and 11. Mr. Rumpf explained staff was pleased and enthusiastic to bring forth the next draft deliverable of the City's Land Development Regulations Rewrite project. Group 4 contained the environmental protection standards, landscape design and exterior building and site design, The environmental protection standards and the landscape design and buffering portion were provided in the previous deliverable. However, as a result of the time and magnitude of the work, they were separated out and covered separately, Project objectives targeted in this rewrite would be emphasized. Chapter 4 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 consisted of all site development standards from environmental protection to utility and infrastructure, The sections of the current Land Development Regulations that were affected were Chapter 2, Zoning, specifically Sections 5 and 6, Chapter 4, Site Plan Review, Section 8, and Chapter 9, Community Design Plan, Sections 1, 2, 4, 6, 7, 10 and 11, Sections 5 and 6 of Chapter 2, Zoning, pertained primarily to the mixed-use districts. As to Article III, Exterior Building and Site Design, a good deal of effort went into supportive text. When dealing with design guidelines, more subjective standards, such as appearance, would be considered. Utilizing new regulations at the County level for "Big Box" (large-sized commercial structures) standards, as well as those extracted from other jurisdictions, were reviewed, Staff was able to find objectives in quantifiable standards for many of the items that improved the appearance of buildings. In dealing with subjective text and standards, it was important staff provide substantial supporting text, Objectives and design principles were the rationale used to defend the standards and provide justification required for the appearance and proximity of a building to another project. In most cases, the LDR Rewrite had condensed and simplified text, However, the narrative and text were added to provide ample justification, backup and supporting documentation for these types of regulations, The design principles objective also provided regulations for color compatibility to enhance the appearance of a building, The wording in sustainability, the last item under Objectives, would help justify and support future efforts in the event the City moved forward with "green" standards, Graphics had been added to Article III as well, which would help define terms such as "pedestrian friendly" and would emphasize some of the elements necessary to meet this objective, Subsequent to the last rewriting and updating of the LDR, new districts had been added including mixed-use districts and the suburban mixed use (SMU) district. Densities had increased from 45 feet of building height to 150 feet of building height. Consideration was being given to the appearance of pedestrian areas, and this was supported by both graphics and text. Language was incorporated to support future comments on projects in order that they be compatible with the area rather than with trendy and temporary corporate designs, The Code currently contained text with regard to drive-up windows, This was expanded to include all types of uses which would have a drive-up or walk-up window, Board discussion included the importance of flexibility in branding logos and fostering individual identity in order to avoid monotonous building facades and signs, It was 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 noted these issues were addressed in the sections of the Rewrite entitled "Symbols" and "Monotony Restrictions," which provided a variety of architectural designs, The restrictions were intended to be City-wide and would apply in some measure to residential structures as well. Mr. Rumpf noted several pages of the Rewrite were devoted to parking. The new mixed-used and redevelopment districts required various types of design standards for parking facilities, whether they be surface, exposed, non-exposed, combined with another building, understory garages or stand-alone parking structures, These were defined to facilitate project review, With regard to integrated garages, the intent was to border the parking structure with permitted habitable floor area. Mr, Rumpf spoke of the relief aspect of these regulations, as not every design scenario or solution could be captured, Rather than requiring the regulations be subject to a variance process, an appeal process for relief was available and would continue to be defined, Pedestrian Amenities, under Section III, Design Standards, was an element new to the Code, In most cases, a project would exceed these standards with the number of amenities, but this added section provided a benchmark for basic amenities. These standards would apply to renovation projects and were defined in Chapter 9 dealing with new construction and major modifications to existing improvements, Regulations were provided for simple accessory structures such as transit shelters and shopping cart corrals in order to comply with compatibility provisions. The Code currently provided for mixed use regulations, and standards were required for such uses as group homes, auto dealerships, gas stations and auto rental establishments, Design standards were brief and had been consolidated into this section of the regulations regarding design, with the emphasis on streetscape and its impact on pedestrians. With regard to the Big Box regulations, larger parcels of property had been developed, The threshold for Big Box development was low and regulations would take effect at 15,000 square feet. Differing thresholds would apply under certain requirements, The emphasis would be on the facade, varying horizontal and vertical lines, materials, windows and parking, One of the greatest negative aspects of Big Box development (Le" large-scale retail operations) related to the parking fields, Incentives were added if parking fields were broken up and moved to different sides of the property, As to adoption of the Rewrite, Big Box development was weak in addressing urbanized areas. Staff was uncertain whether a completely different set of regulations should be established, or if the Big Box regulations could be written in a manner that would apply to both environments, Additional work would be necessary before the Rewrite was brought back in its entirety for adoption by the City Commission, 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr, Rumpf noted staff had incorporated the CRA design guidelines into the Code which had been created with a consultant in conjunction with CRA staff and the board. These were incorporated by reference and included justification statements. Board discussion included use of the work "should" versus "shall in the document." It was noted "shall" would be more compulsory, while "should" would be more of a recommendation, Mr. Rumpf noted staff was progressing along with the next deliverable which would deal with accessory structures in the Zoning Code and telecommunication towers. Staff recommended the board support the Rewrite, Comments and suggestions would be considered by staff in the finalization of the document and submission to the City Commission. Staff was commended for including sustainability into the plan, A brief discussion ensued as to the manner and review of CRA items transferred to the Planning and Developing board, In an unrelated item, extensive discussion ensued with regard to a brownfield designation in the CRA district. Board members expressed their concerns as follows: . Direction to be received from the City as to the board's approval of items relating to a lessening of standards allowed under Federal Guidelines in dealing with approval within a designated brownfield. . The gravity of a brownfield designation, the point of contamination and a remediation or containment plan associated with the contamination, Mr. Rumpf advised the CRA was considering recommending the City Commission seek a brownfield designation, However, the City had not approved the initial steps to explore the issue, A presentation would be made to the Commission at the March 2008 meeting, These issues had been communicated to the Commission and will be addressed at the Commission meeting by CRA staff. Harry Woodworth, 685 NE 15th Place, believed the brownfield designation was a statutory move to gain funding. He wondered why the citizens were not informed or involved in this issue and expressed concern as to the threat of contamination and its impact on citizens. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr, Rumpf explained the matter would be reviewed again by the CRA on March 11, 2008, and he recommended that would be the next opportunity for communicating concerns, Chair Jaskiewicz suggested the concerns addressed by the Planning and Development board this date be conveyed as well. Mr, Rumpf noted staff sought the board's approval of the draft portion of Group 4, together with relevant comments incorporated therein, and the board's recommendation that the draft be forwarded to the City Commission for approval. Motion Mr, Barnes moved approval. Mr. Myott seconded the motion that passed unanimously, 8. Other None. 9. Comments by members None. lO. Adjournment Motion Mr. Barnes moved to adjourn, Mr. Lis seconded the motion that passed unanimously, The meeting adjourned at 8:05 p.m. Stephanie D. Kahn Recording Secretary 022708 14 VIII.-PUBLIC HEARING ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D December] 8,2007 December 3, 2007 (Noon) D February] 9,2008 February 4, 2008 (Noon) D January 2,2008 December] 7,2007 (Noon) D March 4, 2008 February] 9,2008 (Noon) D January] 5,2008 December 3],2007 (Noon) ~ March] 8,2008 March 3, 2008 (Noon) D February 5, 2008 January ]4,2008 (Noon) D Apri]], 2008 March] 7,2008 (Noon) ::~') C) C: --I ro --c: D AnnouncementslPresentations D City Manager's Report ""T1 ~o 1""'1_..." NATURE OF D Administrative D New Business c;:::J; ) t".~ AGENDA ITEM D Consent Agenda D Legal ~ ~ ~ D Code Compliance & Legal Settlements D Unfinished Business :l> ~f: ~- ::c: c ~ Public Hearing D \.0 ~:.:: .,.,co -r'l RECOMMENDATION: Please place this request on the March 18, 2008 City Commission Agenda under:, g~ Public Hearing. The Planning and Development Board on February 26, 2008, recommended that this draft LDR update :r: product be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-008. EXPLANATION: PROJECT: Land Development Regulations (LDR) Rewrite, Group 4 - Part II (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III. Exterior Building and Site Design Standards. This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1,2,4,6,7,10, and 11. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not approve or approve with changes. Devti!&.~rect"' k Manage,', Si;:ture Assistant to City Manager ~ ~- ~ /.-r.-. {~ 1: Planning and Z~ rrector City Attorney / Finance S:\Planning\Zoning Code Update\LDR Rewrite\Agenda Requests\Agenda Item Request Land Dev Reg (LDR) Rewrite Gp4-Partll CDRV 07004 3-] 8- 08.doc S:\BULLET1N\FORMS\AGENDA ]TEM REQUEST FORM.DOC COVER PAGE of a portion of GROUP 4 completed CHAPTER 4. SITE DEVELOPMENT STANDARDS Article 1. Environmental Protection Standards (Previously Approved) Article II. Landscape Design and Buffering Standards (Previously Approved) Article III. Exterior Buildin2 and Site Desi2n Standards (Enclosed) C:\Docurnents and Settings\tuckerp\Local Settings\Ternporary Internet Files\OLK87\Cover Page Group 4b.doc DEPARTMENT OF DEVELOPMENT Memorandum PZ 08-008 TO: Chairman and Members, Planning and Develrc:;ent Board THRU: Michael Rump/~uJ Director of Planning and Zoning FROM: Eric Lee Johnson, AICP if Planner DATE: January 17, 2008 RE: LDR Rewrite - Remaining portion of Group 4 Chapter 4, Article III "Exterior Building and Site Design Standards" INTRODUCTION A task of rewriting the Land Development Regulations (LDR) is to update the entire Part III (Land Development Regulations) of the City's Code of Ordinances. In April of2007, 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 (i.e, Group 1, Group 2, Group 3, etc.). The first two (2) groups dealt with Definitions, the Use Matrix, and its associated Notes and Restrictions. These two (2) groups emphasized matters relating to zoning districts and allowable uses. Group 3, was the initial portion of the project that pertained to site development standards. These development standards involved off-street parking calculations, off-street parking lots and other vehicular use areas, exterior lighting, and rights-of-way and infrastructure. Group 4 is comprised of environmental and landscaping standards that emphasize flora and fauna conservation, preparing a site for development, and required landscaping. Group 4 is comprised of the following articles: Article I. Environmental Protection Standards Article II. Landscape Design and Buffering Standards Article III. Exterior Building and Site Design Standards Articles I and II were previously reviewed by the City Commission December 3, 2007; Article III was omitted from that review. At this time however, staff is delivering the remaining portion of the fourth group (see attached). Standards related to exterior building and site design are currently located within three (3) different chapters (and multiple sections) of the existing LDR. This lack of consolidation and cohesiveness between common topics throughout the code can be burdensome to the lay person as well to developers and design professionals researching 1 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. The proposed reorganization of these provisions will significantly increase the ease of reading and understanding the City's very important development regulations, Above all, the new provisions will help to improve the appearance and quality of future developments and within the City. 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 in a timely manner. 1. Preserve I 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 proj ect. Objectives #1 & #2: LDR format I organization were the targets 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 exterior building and site design standards, such as required locations for buildings and off-street parking facilities, building appearance, pedestrian amenities, and usable open space would be placed into this fourth chapter, which contains 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 within many different chapters and sections of Part III. The attached documents would modify all or portions of the following existing code chapters: 2 Chapter 2, Zoning, Sections 5 and 6; Chapter 4. Site Plan Review, Section 8; and Chapter 9. Community Design Plan, Sections 1,2,4,6,7,10, 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 #4: In this deliverable, staff continues to acknowledge the priorities and current issues of the Commission, A hot topic of local concern is the proliferation and possible visual impact of large-sized commercial structures commonly known as "Big Box" development. Staff addressed this issue by formulating contemporary standards relative to their appearance, location of off-street parking areas, number of required public entrances, and placement of pedestrian walkways, In addition, the proposed regulations for these large non- residential (big box) developments would include a special and unique provision for adaptive re-use of the buildings for possible future vacant or unoccupied buildings. The term "big box" as noted herein, includes not only commercial uses, but office uses and those industrial uses that front on arterial and collector roadways. 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: . Consistent with Group 3, each article contains its own "Purpose and Intent", "Administration", and "Applicability" text tailored to particular requirements of that section; . Consistent with the format of the landscape code, created specific "objectives" under the purpose and intent (i.e. Sense of Place, Focal Points, Versatility, Desirability, etc.); . Updated those uses that are exempt from exterior building and site design standards (i,e. single-family homes, duplexes, etc); . Consistent with the format of the landscape code, created exterior building and site design "principles; . Created "Building Appearance" standards, which include the following: 0 Desired architectural enhancements (i.e. cornices, arches, molding); 0 Allowable exterior bunding finishes (i.e. brick, stone, stucco); 0 Symbols - updated existing text. 3 . Created "Pedestrian Amenities" matrix, which requires each development to provide a minimum number of bicycle racks, benches, and trash receptacles; . Created "Wall and Fence" standards, requiring enhanced designs dependent upon their proposed location and visibility; . Enhanced the compatibility provisions protecting single-family residential zoning districts from higher abutting densities and intensities; . Updated existing provisions relative to required "Usable Open Space"; . Created standards for required maintenance of buildings and structures; . Consistent with Group 3, dissolved Chapter 9. Community Design Plan and relocated, updated, and enhanced existing requirements for the proposed Chapter 4, labeled "Community Design"; . Updated community design standards related to "Building Exterior and Site" design (excluding off-street parking areas), which includes the following: 0 Paint color standards (i,e, compatible, complimentary); 0 Updated the provisions related to the screening of overhead bay doors; 0 Created regulations for the screening of downspouts; 0 Created "Monotony Restrictions" to promote architectural variety; 0 Enhanced text regarding rooftop and at-grade screening of equipment; 0 Enhanced standards to prohibit drive-through and walk-up windows on building facades that front public rights-of-way; 0 Created provisions for plazas and public open spaces, which include their design, allowable materials, minimum seating area, access, and landscaping; . Created community design standards for transit shelters, shopping cart corrals, and trash collection points; . Enhanced off-street parking facility standards (i.e, type of facility allowed, on- site location) within all Overlay Zones and by certain zoning districts (i.e. "Urban Mixed Use" CBD and SMU)' " , . Created standards for "Awnings and Canopy" to include the following: 0 Provide protection from the elements for pedestrians (purpose); 0 Allowable size; 0 Appearance and Color(s); . Outlined special site design standards for specific uses within the Use Matrix; . Created community design standards for mixed-use developments, including building location, shade and shelter requirements, windows at pedestrian scale, and compatibility regulations; . Cross-referenced the existence of Community Redevelopment Agency's Urban Design Guidelines. SUMMARY/RECOMMENDATION Staff recommends that the Board and Commission approve this draft portion of Group 4. However, any changes recommended by the Board 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\Staff Reports\Group 4 (Ch 4. Art 3).doc 4 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 1. General. A. Pm'Dose and Intent. The purpose and intent of this article is to provide important community design standards to ensure that the site layout, desim, building orientation, materials, and appearance of new development or redevelopment promotes an exterior design. pattern that is functional. practical, equitable, creative, of an aesthetic quality, and furthers the obiectives of this section and desim principles of Section 2. Throul!h enforcement of this article, the local appointed and elected officials shall determine the basic aesthetic character to be achieved in the development of the community. The specific objectives of this article are as follows: Section 1. Title. This chapter shall be IcnoY/l1 and may he cited as the "Boynton BeaQfl Community Design. Plan". (Ord. No. 95 01, S 1, 3 21 95). See. 2. Purpose. The purpose of this sectioR ehapter is to promote harmoRY ...../ith natw'e and a pleasan-t: afld comprehensible cohesiveness among development Ylithin the City of Boynton Beach. Through enforcement of this Community Design Plan, the loeal elected officials shall determine the basic aesthetic character to be achieved in the development of the community. (Ord. No. 95 01, S 1, 3 21 95) 1. Sense of Place. Create a sense of permanence and place bv promotinl! development which respects and contributes to the positive image of the city as a whole: 2. Focal Points. Establish visual interest throul!h landmarks or focal points near maior intersections, points of interest. activity nodes, and / or prominent gateways to the City; 3. Versatilitv. Allow for buildinl!s to be adaptivelv reused without the need for extensive remodeling or demolition, bv designing them according to classic architectural styles and principles, as opposed to unique corporate themes, rmages. marketinl! strategies, or "disposable" prototypes: 4. Desirabilitv . Sustain the comfort, health, tranquility. and contentment of residents and attract new residents bv contributing to a desirable built environment: January 17, 2008 1 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 5. Propertv Value. Minimize incompatible surroundings and visual blight which prevent orderly community development and reduce community property values; 6. Amenities. Encourage and promote development with amenities and various types of structures that provide comfort, recreation, aesthetics. and protection from the elements, 7. Sense of Communitv. Foster civic pride and community spirit by maximizing the positive contribution of development to community attractions. ~athering places. ans streetscape, 8. Sustainabilitv. To promote sustainable or "green" building practices that conserve energy. water and other natural resources. preserve local and global environmental Quality. strengthen the local economy. promote human health and safety. create higher quality enduring structures. and offer cost reductions m maintenance. solid waste disposal. and energy. B. Administration and Interpretation. The Director of Planning and Zoning shall coordinate. interpret. and administer this article. Sec. 7. }..dministration and interpretation of rogulations and pro'/isions. ^ The interpretation and application of this ,L ..... chapter by the Planning and Zoning Department shall be reasonable and uniformly applied to all property, except those exompt in Section 6 above, 'Nithin the City of Boynton Beach. C. Applicabilitv , The provisions of this article shall apply to all new construction and maior modifications to existing sites in direct relation with site plan review (Chapter 2. Article II. Section 5). excluding those buildings and site improvements exempted in Section I.D below. 8ec.1, ^ r:aT ^ N 6',',' Construction. This chapter shall " ..pp lca 1 Ity. "... apply conourrently and in direct relation with the requiroments of Chapter 1, Site Plan Reyio'l,' of these regulations. B. Existing Construc-tion. This Like>,vise. this section chapter shall be applicable under any ofthe follo'.\'ing oonditions: 1. Vlhen an existing building is proposed to be enlarged. January 17, 2008 2 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 2. When exterior alteration or roconstruotion of an tmisting building is changed and/or alters the effcct of the arcfiitcctUi'al design of the building. 3. "\Vhen an existing huilding and/or site is substantially impro';ed. 1. V/hen the ooeupancy classification of the building ehanges as defined by the Standard Building Code. (Ord. No. 95 01, ~ 1, 3 21 95) D. Exemptions. The following building and site improvements shall be exempt from the standards of this article: E)cemptions. Soc. 6 Exemptians. Single family and duplex dy/elling URits on individually platted lots sha:ll be eJ(empt from this seetion chapter. (Ord. No. 95 01, ~ 1, 3 21 95) 1. Interior renovations to existing buildings and structures; 2. Construction of a sing:1e-family or duplex dwelling unit on an individually platted lot within single-family or two-family residential districts: and 3. Buildings exempt from local building permits or government review pursuant to State of Florida or Federal Statutes. E. Rules. B-:- The regulations and provisions of this article chapter shall be interpreted to represent held to the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity~ or general welfare. F. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules. regulations. ordinances. or laws. the most restrictive shall apply. unless otherwise stated herein. C. Vlhene','ef the regulations and requif'ements of this chapter are at ';maTIce '.vith the requirements of any other la'{,i'ully enacted and adopted rules, regulations, ordinances-,-or la'{ls, the most restrictive sha:ll apply. (Ord. No. 95 01, ~ 1,:3 21 95) G. Relief from Standards. Any deviation or variation from the regulations of this section reauires the approval of a Community Design Appeal (CDP A) in accordance with Chapter 2. Article II. Section 9. January 17, 2008 3 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 2. Desi2n Principles. This article is intended to promote ima!rination, innovation, and variety by focusing on design principles and encoura!ring creative solutions which serve the following purposes: A. Efficiencv and Safetv. The design and layout of the proposed development, as well as all new and existing buildings should provide an efficient arrangement of land uses. P arti cuI ar attention should be !riven to safety, crime prevention, relationship to the surrounding neighborhood, impact on abutting and adiacent properties, pedestrian sight lines and view corridors. B. Compatibility. Sec. 9. General Intent. ^ .... Jr... Buildings, structures and site elements are not required to match surrounding existing developments, but should shall be in visual harmony with surrounding developments. B. Buildings Likewise, buildings or structures located on separate parcels aH€: buildings or structures part of a present or future multi-building complex, 5haH should achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion.. and location, (Ord. No. 95 01, ~ 1, 3 21 95) Additions and expansions should be designed. sited, and massed in a manner which is sensitive to and compatible with the existing improvement(s), When a distinct development or architectural style exists within a surrounding two (2) block area, consistency or compatibility with that style should be encouraged. 1. .<^~dditional standiH'ds. 0.. Building design elements. (1) Mussing. The proportions and relationships of the various architectural components of the buildings should be utilized to ensure compatibility with the scale of other development in the vicinity. The buildings should not detract from or dominate the surrounding area. (1) Oyerall design, Design of the project shall proiects should be tailored to the specific site and shall take into consideration the protection and enhancement of aHJ' natural features efeF adjacent to the site as an element in the overall design. 1. Proposed buildings and structures sho.ll be relo.ted ho.rmoniously to the terrn.in, other buildings and the Gurrounding neighborhood, and shall not create through their loco.tion, stylc, color or texture incompatible physical or visual relationships. B. 'Nhen a distinct development or architectural po.ttern exists "'lithin a surrounding two block iH'ea, consistency v:ith that pattern January 17,2008 4 EXTERIOR BUILDING AND SITE DESIGN STANDARDS shall be required, unless the pattern of de'lelopment is in a dilapidated condition. This provision shall not require buildings to be exact copies of each other. C. Buildings or structures which are perceived as part of a present or future group of buildings shall exhibit similar, unifying design elements. D. v''hen the tHea involved forms an integral part of, or is immediately adjacent to, or otherwise cletHly affects the future of any established section of the city, the design, scale... and location on the site shall enhance rather than detract from the charaeter, 'lalue, and attractiveness of that section of the city. c. Buildin2 Location and Aooearance. E. Buildings and other struetmes: All buildings and structures should be located proposed to be located '..vithin a development shall be oriented and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. +he follovr..ng guideliRes shall he follo\ved iR the review and evaluation of all buildings and stTuetu:res: 1. Location. ^ Building Location. 1. ....a.... Outbuildings, either loeated on the same parcel or an adj !:leen! pai"cel as the prinoipal huilding, shall not be located so as to totally hlock from the street, the visibility of a:B.y tenant spaee. within the principal building on the site. Bloeking shall be considered to occur if at the street frontage, the head on yie'.v of a tenant space '.vithin the principal building is not partially visible. ~ ;h Buildings should sftaH. be designed and sited to fully utilize the site and avoid unusable or inaccessible open space or parking spaces. b. ~ Siting and orientation of buildings must respond to consider the pedestrian and / or vehicular nature of the street on which it is located. 2. Aooearance. 1- !.: All building facades of a building that face or are visible from public or private streets sftaY should be designed to be as attractive in appearance as the front of the building. Likewise. building facades exposed to internal parking areas or adiacent residential or commercial properties should be January 17, 2008 5 EXTERIOR BUILDING AND SITE DESIGN STANDARDS visually attractive through the use of a combination of roof design, architectural detail. or recessed wall lines, and landscaping. b. Building design of non-residential uses located within single-family and two-family residential zoning districts should be consistent with surrounding residential styles, 3. Human Scale. ~ All building designs should shall achieve a sense of human scale through use of insets, balconies, window projections and other building elements in the design of a structure. All portions of a pro;ect fronting a street or sidewalk should incorporate an architecturally appropriate amount of transparency at the first level of commercial and mixed-use developments in order to achieve pedestrian compatibility and adequate visual interest. Discouraged Recommended D. Sustainable Development. All developers are encouraged to incorporate the applicable provisions of the United States Green Building Council (USGBC), Florida Green Building Coalition (FGBC) standards, or better, for green buildings and developments, January 17,2008 6 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 3. Communitv Desil!n Standards Section 1. Title Scction 2. Purpose Section 3. Definitions Seetion 1. Applicability Seetion 5. Community Design Review and ,,\pproval Section 6. Exemptions Section 7. ,,\dministration and Interpretation of Regulations and Provisions Section 8. Reserved Section 9. General Intent Section 10. Site Criteria Section 11. EJ~terior BuildiFlg Design Section 1. Title. This chapter shall be known and may be cited as the "Bo)nton Bcaeh Community Design Plan". (Ord. No, 95 01, ~ 1, 3 21 95) A. Exterior of Buildinl! A. Building design approval shall be based on the use of the structure, its relationship to the site, and its compatibility with the surrounding natural and built environment. Sec. 10. Site Criteria 1. All buildings. structures. and site improvements required under this section and structures shall comply with the following communitv design standards: community design plan. Section 8. Revie'N standards._ The following standards shall be utilized by the planning and zoning departm.ent and all other applicable departments for r~'ie\v and evaluation of all required plans and exhibits. 1. Architectural Enhancements. f31 .^ ..rtic'Ulation. 'VeIl artic'Ulated buildings Facade articulation adds aee architectural interest and variety to the massing of a building and prevents a plain. help break up the January 17,2008 7 EXTERIOR BUILDING AND SITE DESIGN STANDARDS monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation ofthe facades, This may be achieved by incorporating the use of vertical and/or horizontal reveals, stepbacks, modulation, projections, roof detailing, and three dimensional details between surface planes to create shadow line~ and break up flat surface areas. A minimum of three (3) of the followinl! architectural enhancements or other similar treatments shall be integrated into all applicable building facades to avoid the appearance of a blank wall: a. Columns or pilasters; b. Decorative cornices; S Horizontal banding; d. Arches; e. Decorative vents or louvers; 1:: Moldinl!s and trims; IT Decorative shutters; -=:. h. Bay windows; h Faux windows; 1 Art elements; and k. Canopies. balconies. overhangs. and other horizontal proiections. In addition. multi-story buildinl!s shall incorporate these design features in coniunction with the architectural enhancements listed above within this subsection. 2. Exterior Treatment and Finishes. Extfficr buildinl! finishes shall be limited to: a. Brick or brick veneer; b. Stone or stone veneer; January 17, 2008 8 EXTERIOR BUILDING AND SITE DESIGN STANDARDS c. Stucco; and d. Split face (accent only). pre-formed. or textured masonry block. 3. Symbols. ~ Buildings, which are of symbolic design for reasons of advertising, unless otherwise consistent with the criteria herein, shall not be allowed. S)mbols attached to buildings shall not be allowed, unless they Me secondMY in appearance to the building and landscape and Me an aesthetic asset to the building; ::h All permanent outdoor identification features which are intended to call attention to a proposed development and / or structures shall be designed and located in such a manner as to be an integral part of the development. 4. Buildin!! Paint Color(s). a. Purpose and Intent. The purpose of this subparagraph IS to enhance the unique architectural environment of the City bv establishing general standards for the choice of colors for the exterior surfaces of buildings and structures. including courtyards accessible to the public. ~ Materials. .^... variety of materials must be utilized to pwvide ';isual interest to the buildings. Colors and materials must be selected for compatibilityvrith the site and the neighboring Moa. The exterior building design must be eoordinated on all elc'latioRs with regard to oolor, materials, architectural form, and detailing to achieve dcsign harmony and contiRuity. b. Applicabilitv . The painting of all public and private development. but not limited to, new buildings, structures. additions. alterations. roof tiles or roof finishes. and the repainting of existing buildings and structures. This subparagraph also includes the reflectance. tinting. and coloration of glass on the elevations of a building or structure. ~ Standards. ill A minimum combination of three (3) complimentary building colors shall be used for each development. Painted surfaces include the wall. trim. and accents. January 17, 2008 9 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Color( s) shall be compatible with the surrounding area and used to complement the development; ill Paint color should be used to highlight architectural forms and details but not to create them, Architectural murals may be appropriate for a particular building and may be considered on a case-by-case basis; ill When a non-residential building contains more than one (1) storefront, the building colors shall not be different to distinguish between each storefront and ill Stone or tile surfaces shall not be painted unless complimentary to the development. 5. A wnin2s and Canopies. The following design standards shall be applied to awning and canopies within all districts: !: Function. Awnings shall be of adequate height and depth to provide protection to pedestrian from the elements and used in a manner that accentuates architectural features and embellishments; b. Size. The size of an awning should be proportional to the scale of the host building and the surrounding streets cape; and c. Appearance and Color. a. The appearance and color( s) of awnings shall enhance the overall design of the building and be compatible with the selected building material(s) and color(s). b. All awnmgs shall incorporate uniformity III their design (including valances). Scalloped valances may be permitted provided that their appearance and color is compatible with the type and shape January 17,2008 10 EXTERIOR BUILDING AND SITE DESIGN STANDARDS of awning being used as well as with the architecture and materials of the building; and d. Miscellaneous. ill Within Right-of-Way. Awnings may extend over a public sidewalk within a right- of-way. The applicant shall obtain all necessary approvals and permits for those canopies or awnings that extend into the public right-of-way. prior to the issuance of a permit. m Maintenance. See Section 4. for additional regulations regarding the maintenance of awnings and canopies. 6. Monotonv Restrictions. In order to enhance a desired character or appearance and to promote a variety of architectural structures. proi ect may be required to include a diversity of floor plans and / or elevations. or a variety of residential housing models and I or architectural styles. including but not limited to floor plans. elevations. building scale. building massing. building proportion. architectural trim and architectural details. within a development. For example. the City may require any number of different floor plans of a particular architectural style within a development. and may require as a condition of approval that a certain number of lots on either side or on the same side of the street be constructed with any number of different floor plans or housing model types, For purposes of this section. "monotonous" means houses with identical floor plans or elevations. See Section 3.E.3 below for additional monotony restrictions for wall and fences. 7. Overhead Doors. 1-: Due to the high degree of visibility of buildings located on Hypoluxo Road, Miner Road, Congress A venue, Lawrence Road, Gateway Boulevard, Quantum Lakes Drive, Old Boynton Road, Knuth Road, Woolbright Road, Boynton Beach Boulevard, Winchester Park Boulevard, High Ridge Road, Seacrest Boulevard, Golf Road, Ocean Avenue, Federal Highway, Old Dixie Highway, N.E. 10th Avenue and S.E. 36th Avenue; most of" which include are eonsidered entrances to January 17, 2008 11 EXTERIOR BUILDING AND SITE DESIGN STANDARDS the City, the following additional exterior design requirements apply: a. h Overhead doors shall not be located on a building facade(s) visible from that faces any of the above public or private riQ:hts-of-wav: and street b. BuildinQ: facades that are visible from any of the roadwavs listed above shall be desilffied in such a manner as to enhance and disguise the appearance of a warehouse and / or service area, 2, Industrial buildings lociXted on uny of the abo':e streets shull be designed in such a manner so as to disguise their typical '::arehouse appearance. 8. Downspouts. External downspouts shall be enclosed within the building structure on any buildinQ: elevation visible from areas within the property accessible by the public, from adioining properties within the same master development (including drive aisles and parkinQ: facilities). and from public rights-of-way, Downspout enclosures shall be incorporated into the design of the building and be complimentary to architecture. For example, downspouts may be enclosed in columns or pilasters if such features are used elsewhere on the building, or are consistent with the building's architectural style. 9. Mechanical Eauipment. Lack of or inadequate screening of mechanical equipment can have neQ:ative visual impacts on the City's streetscape, ambient landscape, or community image. Mechanical equipment can further ne!!atively impact the surroundinQ: properties because of the noise that may be produced, Such impacts shall be minimized throuQ:h compliance with the following requirements: a. Rooftop. E:- Rooftops will be treated as part of the building elevation, The building Buildings shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs, and elevator towers. All rooftop equipment must be completely screened from view at a minimum distance of 600 feet. Where feasible, rooftop mechanical equipment shall be located within the area of the roof surface that is farthest January 17,2008 12 EXTERIOR BUILDING AND SITE DESIGN STANDARDS away from adiacent residential uses or residential zoned property. g. At-Grade. ~ Exterior utility boxes, meters, transformers, etc. shall be screened from public view either by a buffer wall in accordance with Chapter 3, Article V, or by a continuous vegetative buffer as required by Chapter 4. Article II, Section 5.F the Landscape Code. The intent is to create an opaque barrier constructed of compatible materials matching the building in color, or its equivalent in the form oflandscaping, to a height at least equal to the highest point of the equipment. Structural screenmg: shall be architecturally integrated into the overall proiect design and shall be compatible, in terms of style, construction materials, colors, and finish, with the principal structure(s). Where feasible, on site mechanical equipment shall be located as far away from adiacent residential uses or residential-zoned property as is feasible. 10. Drive- Through Facilities Drive 1:lp and I or Walk- up Windows. H-:- Walk-up windows and drive-through facilities shall not be allowed on any building facade that directly fronts on a public or private right-of-way. On eligible building facades (sides and I or rear). the following design standards are required where windows for drive- through facilities are proposed: Drive up or v/alk up '::indo\vs for oommeroial uses shall not be located on a building faoade that faoes a public or private street, unless the following requirements are met: a. -h The building facade shall have windows that occupy no less than 25% of the facade and that are located at the pedestrian level. A maximum of 10% of this 25% may be non-transparent simulated windows. b. b The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. &. ~ The building facade shall have at least one offset having a pitched roof. January 17, 2008 13 EXTERIOR BUILDING AND SITE DESIGN STANDARDS d. AdditionallandscapinQ: for the screeninQ: of drive-through facilities is required in accordance with Chapter 4. Article II. Section S.D. B. Usable Open Space and Plazas. 1. General. !.: Purpose and Intent. Open air and semi-enclosed public Q:atherinQ: spaces can act as central organizing elements in a large development. They can also contribute to the relationship between different land uses and provide focal points and anchors for pedestrian activity. b. Conflict. Whenever the regulations and requirements of this code are at conflict with any other lawfully enacted and adopted rules. regulations. ordinances. or laws. the most restrictive shall apply. Additionally. specific design provisions within the zomnQ: district regulations of subparagraph "2" shall take precedence over the general design standards of subparagraph "3". 2. Minimum Required bv Zonin2 District !.: Mixed Use-Hi2h Intensitv (MU-H) District. U sable open space shall be required for all developments two (2) acres in size or larger. A minimum of two percent (2%) ofthe site shall be devoted to usable open space. consisting of plazas or public open space, excluding private recreation areas, b. Inrill Planned Unit Development GPUD). A minimum of 200 square feet of usable open space shall be required per dwellin{!: unit pursuant to Chapter 3. Article III. Section 2.G.5. j-; Natural features. The physical attributes ofthe site shall be respected with particular concern for preservation of natural features, tree grmvth and open space, (Ord. No. 96 32, ~ 1, 8 8 96; Ord. No. 96 51, ~ 2, 1 21 97; Ord. No. 98 36, S 1, 9 15 98; Ord. No. 99 23, S 1, 9 7 99; Ord. No. 99 21, ~ 1, 9 7 99; Ord. No. 02 025, S 2, 6 18 02; Ord. No. 01 027, ~ 3, 1 20 01; Ord, No. 01 061, ~ 2, 8 17 01; Ord. No. 01 068, ~ 2, 8 17 01; Ord. No. 05 031, ~1, January 17, 2008 14 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 7 19 05; Ord. No, 05 011, ~2, 8 .2 05; Ord. No. 06 011, ~ 2, 1 17 06) Interior and open spaces shall meet the followinl? criteria: d. U sable open ~ ill Shall be required for residential development projects and mixed-use residential projects; ill Shall be designed to be available and accessible to every dwelling unit proposed~ ill ~ Shall include consolidated areas principally set aside for active or passive recreational space; (3) Shall not be oC0U1Jied by streets, drives, parking areas, or structures other tflB:R recreational structures; (1) Shall be designed to be availablc B:Rd aocessible to eyery dv;elling unit proposed; ffi ~ Shall, where feasible, be centrally located in the development; a:H:d ill tej May be designed or sited in conjunction with but shall ShaY not include pri vate courtyards, landscape strips, perimeter landscape buffers, preservation I natural areas, and water bodies-:-~ and @ Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. ~ Suburban Mixed Use (SMU) District. Usable open space shall be required for each component of the mixed-use development pursuant to Chapter 3. Article III. Section 5.G.l. In addition, the following standards shall apply: ill Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies. streets, drives, parkin~ areas, or structures other than recreational structures. January 17,2008 15 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill All least 50% of the required usable open space for sim!le family residential uses shall be contained in one (1) or more common pooled areas and a rectangle inscribed within each common pooled area shall have no dimension less than 75 feet; and ill Up to 50% of the usable open space required for all other uses may be hardscaped plazas and public !lathering places. 3. General Desh~n Standards. Where required or recommended, plazas and usable open space shall be designed as follows: a. Location. ill Common open space areas shall be located so as to be readily accessible and useable by residents or visitors in various locations of the development. unless the lands are sensitive natural resources and access should be restricted; ill The lands shall be compact and contiguous unless the land shall be used as a continuation of an existing trail. or specific topographic features require a different confi~ration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor; ill Where private common open space areas, trails, parks, or other public spaces exist adiacent to the tract to be subdivided or developed, the private common open space or pedestrian amenity shall. to the maximum extent feasible, be located to adioin. extend, and enlarge the presently existing trail. park, or other open area land; ill At minimum. the area shall be lighted to meet the requirements of crime January 17,2008 16 EXTERIOR BUILDING AND SITE DESIGN STANDARDS prevention through environmental design (CPTED) principles: and ill To the maximum extent feasible. where significant natural and scenic resource assets exist on a property. priority shall be given to protect and preserve as common open space. The assets shall be prioritized as follows: ill Wetlands: iill Flood hazard areas: and (iii) Tree preservation areas. b. Materials. Plazas shall be designed with pavers and landscaped areas in order to provide a place for the public to enioy the outdoors. Boardwalks may be used if the property is located along the Intracoastal Waterway provided that the boardwalk area is sized comparably with the intent of this subsection. c. Seatin2 Areas. At least one (1 ) linear foot of seating for everv 30 square feet of plaza space is required. Seating surfaces shall have a minimum depth of 20 inches: d. Access. ill Pedestrians shall have direct access to the plaza from at least one (1) maior thorou~hfare and at least 50% of the plaza frontage: ill At least one (1) accessible route complying with the Florida Building Code shall connect accessible buildings. accessible facilities. accessible elements. and accessible spaces that are on the same site. ill Curb cuts providing: motor vehicle access onto a plaza are prohibited: however. plazas may be designed to provide access for emergency vehicles: January 17, 2008 17 EXTERIOR BUILDING AND SITE DESIGN STANDARDS e. Landscapin2. ill Landscape strips and perimeter landscape buffers. required under Chapter 4. Article II. Section 3 .B. cannot count towards the mInImUm requirements of this subsection: and ill Trees are required in accordance with Chapter 4. Article II. Section 5.C. f. Maintenance. All common open space or pedestrian amenity areas shall be maintained bv the owner(s) of the development. C. Off-Street Parkin!! Facilities (bv Zonin2 District). 1. General. a. Purpose and Intent. The location of off-street parking areas and the type of parking facilities proposed for a development can directly impact the aesthetic fabric and quality of life for surrounding properties and the community as a whole. It is the purpose of this section to provide design standards tailored to distinct geographic areas of the City to ensure that the location. type. and appearance of off-street parking areas is appropriate with the type. intensity. scale. and location of new development. The intent of this section is to promote standards that are functionaL practicaL equitable. and creative. b. Types of Off-Street Parkin2 Facilities. The four (4) tyPes of off-street parking facilities regulated herein are as follows: Surface parking. understory parking. freestandin~ parking garages. and integrated parking garages. Thev are generally described as follows: ill Surface Parking. A parking area where there is no gross building area below or above the parking stalls. except for ancillary structures such as shade canopies or similar structures. January 17,2008 18 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Understory Parking Garage. .An off: street parking area located below grOSS building area. Parking stalls are typically located on or below ground level. ill Freestandin~ Parking Garage. An off-street parking area located within a structure with two (2) or more levels. where the parking structure is the principal use of the building. Freestanding parking garages may include accessory habitable or non-habitable building areas located at ground level. ill Integrated Parking Garage. .An off: street parking area located within a structure with two (2) or more levels. where the parking structure is the accessory use of the premIses. Integrated parking garages are located within mixed-use developments and habitable gross building area is wrapped around the facility on all levels. S General Rules ill All parking facilities may contain small. permanent structures. such as shade structures and booths used by parking attendants. ill For the purpose of this section. "Urban Mixed-Use" districts include the Mixed Use-Low Intensity 1 (MU-Ll ). Mixed Use-Low Intensity 2 (MU-L2). Mixed Use- Low Intensity 3 (MU-L3). and Mixed Use- High Intensity (MU-H) district. ill "Overlay Zones" include the Urban Commercial District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone. 2. All Districts. B. Vehioo.lar and Pedestrian Cireulation. 1 !: Separate vehicular and pedestrian circulation systems on a site are encouraged and designed in January 17, 2008 19 EXTERIOR BUILDING AND SITE DESIGN STANDARDS accordance with Chapter 4. Article VI. Section I.e. In addition. curbs and wheel stops shall be installed in conformance with Chapter 4. Article VI. Section 2.1. b. ;h Vehicular and pedestrian circulation systems on adjacent properties shall be linked to encourage cross-access. .s ~ Parking lots Off-street parking facilities and other vehicular use areas shall be integrated with surrounding structures and with the building, or group of buildings, that they serve. d. ~ Design emphasis shall be given to the entrances and exits to parking areas, through use of landscaping. unless otherwise determined by staff to be contrary to the design objectives and principles of this article. ~ See Section 3.G.3. i for additional regulations regarding pedestrian pathways within off-street parking areas of large non-residential (big box) developments. 3. "Urban Mixed Use" Districts and Central Business District (cBD). Within "Urban Mixed-Use" districts. off-street parking areas shall be located to the rear or side of the structure they are intended to serve and screened from view from public streets. notwithstanding other provisions of these regulations that require a specific setback for a garage for a residential dwelling unit. The intent of these regulations is to emphasize buildings and pedestrian features within the streets cape and minimize the visual impacts of parking facilities. Where possible. parking areas should be located to the rear of a proiect. Also where possible. access to parking areas shall be from side streets. in order to minimize driveways and vehicular / pedestrian conflicts. The following standards shall apply to all properties located within Urban Mixed-Use districts as described in subparagraph Section C.l.c.(2) above: !: Surface Parkin2. Within the "Urban Mixed-Use" districts. surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. January 17, 2008 20 EXTERIOR BUILDING AND SITE DESIGN STANDARDS b. Understorv Parkin!! Gara!!e. Understory parking (on the first floor of a structure) is allowed throughout all "Urban Mixed- Use" districts. .s Freestandin!! Parkin!! Gara!!es. Freestanding parking garages are allowed within the "Urban Mixed-Use" districts provided that they do not have frontage on any arterial or collector roadway. The height of the freestanding parking !?arage may not exceed 75 feet in the MU-H district. All parking garages that front on arterial or collector roadways must be integrated into the development and designed as provided for in subparagraph "d" below. d. Inte2rated Gara!!es. Parking garages that are incorporated into the same structure as a principal building, including structures providing parking on lower floors and habitable space on upper floors are permitted within every "Urban Mixed-Use" district. Habitable floor area must wrap all upper-levels of the parking structure where the structure has frontage along a public right- of-way or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet. so as to disguise the garage and create continuity in street-level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining facade(s) of the integrated . garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adiacent structures within the subiect development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines). planter boxes. tall landscaping, shutters. and / or other architecturally articulated facade features in order to soften its impact. January 17,2008 21 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 4. Suburban Mixed-Use (SMU) District. a. Understorv Gara!!es. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestandin!! Gara2es. Freestanding parking garages are not allowed within the SMU district. All parking structures. excluding understory garages, shall be designed as an integrated garage as provided for in subparagraph "c" below. c. Inte!!rated Gara!!es. Parking garages that are incorporated into the same structure as a principal building. including structures providing parking on lower floors and habitable space on upper floors are permitted within the SMU district. Habitable floor area must wrap all upper- levels of the parking structure where the structure has frontage along an arterial roadway or is abutting a single-family residential zoning district. The intent of the integrated garage is to border or wrap the parking structure with permitted habitable floor area, such as storefronts, to a minimum depth of 20 feet. so as to disguise the garage and create continuity in street-level activity bv maintaining interest for pedestrians and passing automobile traffic. The remaining facade( s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adiacent structures within the subiect development and abutting properties. Design elements used to disguise the garage may include features such as a living trellis (utilizing climbing vines), planter boxes, tall landscaping. shutters, and / or other architecturally articulated facade features in order to soften its impact. 5. "Overlav Zones". One of the obiectives of the Urban Commercial District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone overlay zone is to prevent the placement of off-street parking areas between the front of the building and the rights-of-wav. January 17,2008 22 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 6. Miscellaneous. a. Parkin!! Calculations. Required parking for all uses shall be as set forth by Chapter 4. Article V, Section 2. b. Off-Site Parkin!!. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4. Article VI. Section 8.D.2. .s Interconnectivitv . Interconnectivity between off-street parking areas, including drive aisles and pedestrian connections, shall be planned for and designed in accordance with Chapter 4, Article VI. Section 8.D.3. d. Off-Street Parkin!! for Lar2e Non- Residential Development (Bi2 Box). See Section 3.G.3 for additional regulations regarding off-street parking lot locations for large non- residential (big box) developments. ~ Trash Collection Points. ill Screening. See Chapter 4, Article VI. Section 5 for additional regulations regarding the appropriate location and screening of trash collection areas. .m Landscaping. See Chapter 4, Article II. Section 5.G for additional regulations regarding the landscaping of trash collection areas. e. Trash colleetion. (1) Special emphasis shall be placed on trash collection points. (2) Trash containers or dumpsters must be screened 8:Bd designed sueh that they are not T;isible from or disruptive to adjacent properties, streets, and rights of '.vay while still being conveniently accessible to their users and collectors. January 17, 2008 23 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ~ Dumpsters or trash containers shall not be located within setbacks abutting sinble family residential de'.'elopments. D. Pedestrian Amenities. 1. General. The purpose and intent of this section is to provide regulations that require developments to locate, install and maintain pedestrian amenities and to provide for controls and regulations to protect the public health. safety, and general welfare of the residents and visitors. The requirements for pedestrian amenities will further the City's goals and obiectives by providing for alternative means of transportation that improve air quality. reduce energy consumption. efficient use of vehicular parking facilities, proper disposal of waste, and provide for the enhanced physical appearance of the City. The Director of Planning and Zoning or designee may waive certain pedestrian amenity requirements of Table 4-9 based on consideration of the number of employees. forecasted anticipated number of customers and proiected bicvcle and pedestrian traffic. January 17,2008 24 EXTERIOR BUILDING AND SITE DESIGN STANDARDS 2. Standards. !: Table 4-9. Pedestrian Amenities. The minimum number of pedestrian amenities shall be required as follows: PEDESTRIAN AMENITIES Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any "Commercial, Retail Sales and 1 per 12,500 1 per 12,500 1 per 12,500 Services" use; Greater than 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 sf 25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,000 30,000 30,000 Hotel & Motel; Group 1 per 100 units 1 per 25 units 1 per 25 units Home Type 3 or 4 Any "Arts, Entertainment, and 1 per 15,000 1 per 12,500 1 per 12,500 Recreational" use Any "Industrial" use 1 per 30,000 1 per 30,000 1 per 30,000 Any "Office and Health 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 then 1 per 25,000 then 1 per 25,000 then 1 per Care" use 50,000 25,000 25,000 Any "Educational" use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms Dwelling, Multi-family 1 per 75,000 oflot 1 per 25,000 oflot 1 per 25,000 oflot (3+ units) area area area Church 1 per 30,000 1 per 30,000 1 per 30,000 b. Where the number of required pedestrian amenities as computed includes a fraction. the number of amenities shall be the computed number rounded to the next highest whole number; c. All pedestrian amenities shall be located on the same building site which they serve and situated on a site so that they do not obstruct the flow of pedestrians USIng the building entrances or sidewalks and shall adhere to Florida Accessibility Code for Building Construction: January 17,2008 25 EXTERIOR BUILDING AND SITE DESIGN STANDARDS d. The owner, tenant and their agent, if anv, shall be iointly and severally responsible for the continued proper maintenance of all pedestrian amenities and shall keep them in proper. neat, and orderly appearance; !:.: Bicvcle racks and benches shall be located under an overhang of a building, covered bv a separate structure or located under shade and shall be located convenient to the principal entrance( s ), unless an outdoor plaza or outdoor space is provided on site: f. To the maximum extent feasible, trash receptacles should include ashtrays and be located near other pedestrian amenities. The number of receptacles provided may be reduced if located within close proximity of benches; u On a case by case basis, additional pedestrian ~ amenities may be required for other land uses not listed in Table 4-9: h. Additional pedestrian amenities may be recommended, depending on proiected need: and 1: A certificate of occupancy or certificate of completion shall not be issued until pedestrian amenities are provided in accordance with this subparagraph: and i: All pedestrian amenities provided by the property owner shall be decorative in nature and substantial in construction. Their design and appearance must be aesthetically pleasing and compatible with the subiect site. adiacent properties, and streets cape furniture, including public improvements and furniture located within the public right-of-wav. No signage or advertising shall be permitted on pedestrian amenities. E. Walls and Fences. aDd EDelasares. E. '1'/ alls, fence::;, enclosures, and similar incidental site structunls shull resemble, with respect to color and materials, the design of the principal buildings and shall be integrated v:ith other site element::;. Design, construction. and appearance of walls and fences are important components of site development. Their appearance and upkeep are January 17,2008 26 EXTERIOR BUILDING AND SITE DESIGN STANDARDS visual reflections of community character and quality. This subsection shall apply to all new walls and fences. 1. Design. Wall and fence design shall be enhanced and decorative in appearance where visible by the public under the following circumstances: !!: From the interior of a property: b. From public or private rights-of-way; or .s From abutting or adiacent properties. 2. Consistency. Enhanced walls and fences shall be designed in an architectural style consistent with the principal structure( s ), incorporating the dominant exterior material( s ). colors, and finishes of that structure. 3. Monotonv Restrictions. Enhanced walls and fences shall be designed with offsets, banding, columns. posts with lintels. finials, or caps, landscape pockets, and other elements to avoid an expansive monolithic or monotonous appearance. Such elements shall be included every 30 feet or less. Decorative wood or PVC / vinyl fences shall either be picket, rail basket weave, or shadow-box style. As noted above, decorative fences shall not be installed in such a manner so as to create a monolithic or monotonous appearance. Every two (2) fence panels or 16 feet offence must be interrupted by decorative columns or posts. visible from the exterior of the property and topped with decorative capitals. This requirement will not be satisfied by the reversing: of the fence material to place the unfinished side out. exposing the four (4) inch by four (4) inch posts and crossmembers to the exterior. 4. Chain-Link Fences. No chain-link fences shall be allowed within the front or side corner setback where they are visible from public or private rights-of-way. January 17,2008 27 EXTERIOR BUILDING AND SITE DESIGN STANDARDS F. Miscellaneous Outdoor Structures (Excludin2 Walls and Fences) 1. Transit Shelters a. Purpose and Intent. The purpose and intent of this subparagraph is to maximize availability and accessibility of mass-transit by providing an amenity for patrons, help beautifv corridors by creating positive gatewavs into and out of the City, and to provide safer environs for mass- transit users and motorists. b. Standards. A transit shelter is a roofed structure that may provide seating areas and is tyPically located within the right-of-wav. When located on private property. the following shall apply to transit shelters: ill When an outside governmental agency acquires an easement on private property for the purpose of constructing a transit stop shelter, these improvements shall not be subiect to mInImUm setback requirements of the zoning district: ill Applicants should be encouraged to accommodate transit stops for the county bus service and other types of transit systems, including a future water taxi service. Fire lanes and other emergency vehicular accessways may be designated by the appropriate public agencv. Uses that require service by large vehicles should be designed to allow large vehicle access without blockage of adioining vehicular or pedestrian circulation; ill Location of the transit shelter shall be subiect to cross visibility and safe sight regulations; i1l Waste receptacles and bicvcle racks shall be required: and ill The design and architecture of the transit shelter should be compatible with the January 17, 2008 28 EXTERIOR BUILDING AND SITE DESIGN STANDARDS principal building( s) oflarge non-residential (big box) developments (see Section 3.G.3) or consistent with an overall redevelopment plan that provides aesthetic and uniform design guidelines for shelter design. 2. Shoppin2 Cart Corrals. Shopping cart corrals shall be compatible with the architectural design, colors. materials. and finishes of the principal structure. G. Standards for Specific Uses 1. Use Matrix Notes and Restrictions. The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article N. Section 4, contain special standards related to exterior building and site design: !!: Group Home Tvpe 1 (Note #21). For new construction. the facility shall have building elevations that are residential in character and similar In appearance to the surrounding nei ghborhood. They shall not be institutional in appearance. b. Auto Dealer. New (Note #23). Within the MU-L3 and MU-H districts. the following shall apply: Overhead doors shall not be visible from any maior roadway frontage. c. Auto Dealer. Used (Note #24). Within the MU-L3 and MU-H districts. the following shall apply: Overhead doors shall not be visible from any maior roadway frontage. d. Gasoline Stations (Note #28). All Gasoline Stations located on designated out-parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. !:: Automobile Rental (Note #37). Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any maior roadway frontage. See Section 3.A. 7 for additional regulations regarding overhead doors. January 17,2008 29 EXTERIOR BUILDING AND SITE DESIGN STANDARDS f. Dav Care (Note #62). Within all residential districts, the following shall apply: Building design shall be consistent with surrounding residential styles. & Stora2e. Self-Service (Note #64). For all Self-Service Storage facilities adiacent to or visible from any arterial rieht-of-wav roadwav, the following shall apply: ill The exterior colors. facades, windows, roof, and building materials shall be compatible with the character of, or vision for the surrounding. Self-service Storage facilities shall incorporate design elements to achieve the effect of office structures. ill All facades visible from arterial roadways shall provide variety and interest in the facade( s). These facades shall not exceed fifty ( 50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width. a perceptible change in wall angle. or a corner. Other design attributes shall include, roof slope and materials, windows, awmngs, fencing and other aesthetic elements. ill Within the SMU. MU-LL MU-L2, and MU-L3 districts. the following shall apply: Buildings shall be designed to have the appearance of a multi-storv retail. office, and / or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. 2. Mixed-Use Developments. a. Applicabilitv . These standards shall apply to all properties currently zoned Central Business District (CBD), any property located within the "Urban Mixed Use" districts. (see Chapter 3, Article III. Section 6), or any commercially zoned properties located within the January 17,2008 30 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Urban Commercial District Overlav Zone (see Chapter 3, Article III, Section 8.). b. Buildin!! Location. Within mixed-use and non-residential developments, structures proposed along arterial roadways shall be required to occuPy the entire length of the street frontage. notwithstanding areas set aside for side corner yard setbacks and driveways needed to access the rear of the property. This building location requirement along the arterial roadway only applies to new construction or maior site plan modifications to existing developments. Also see Chapter 4. Article II. Section 3.B.5 for additional streetscape design requirements. 8. Building plaoem.ent, mussing and orientation. Struetures fronting on arterial roadways within the MU H and :MU L Zones a:nd shall occupy tho entiro width of the parcel they are looated apon, notv;ithstanding oorner side setbacks and clearance needed for a dri':e that may be roquired to access the roar of the property. c. Shade and Shelter. This region's climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity between sites and allow for a more continuous and walkable network of buildings. Developments subiect to this section shall meet the following shade and shelter requirements: ill Shaded Sidewalk. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adiacent to or facing an arterial or collector roadway or adiacent off-street parking area. When abutting off-street parking areas, the shaded sidewalk shall be raised above the level of the parkin~ by way of a defined edge. Ramps for wheelchairs alongside the building must also be shaded. ill Building Entrances. Building entrances shall be located under a shade device such as an awning or portico. January 17,2008 31 EXTERIOR BUILDING ~ND SITE DESIGN STANDARDS d. Windows. Windows shall be located at pedestrian scale. ~ Compatibility . &: Proposed projects should compliment existing or approved adjacent mixed use project~ in terms of height, color, style massing, and materials. Projects proposed that v,'ould abut a single family zoning district should be designed to avoid a reduction in privacy of the adjacent neighborhood through measures such as, but not limited to, additional landscaping, orientation of'Nindov?s and balconies, and layout of upper units. 3. Lar2e Non-Residential (Bi2 Box) Development Re2ulations. a. Purpose and Intent. Large commercial buildings have a maior impact on the aesthetic fabric of a communitv. The purpose of the following regulations is to achieve an optimal appearance of those structures typically called "Big Boxes", which are often large square or rectangular- shaped buildings with limited architectural enhancements. These regulations are intended to set minimum design standards for large buildings to ensure their positive contribution to the City's character and fabric. b. Applicabilitv . The following standards are applicable to anv commercial structure in excess of 15.000 square feet. unless stated otherwise herein. The term "commercial", as used in these regulations, shall also include structures utilized for office uses and those industrial uses that front on arterial or collector roadwavs. c. Facades. All facades visible from abutting properties or public streets shall be designed and enhanced with architectural features that provide visual interest at pedestrian levels. reduce the massive appearance of the building. and reflect the local character ofthe communi tv. These facades shall meet the following obiectives: ill Community integration shall be achieved through the choice of building January 17,2008 ...; j- EXTERIOR BUILDING AND SITE DESIGN STANDARDS materials, architectural style, extensive use of windows, and multiple complimentary paint colors. ill Building design shall include a mix of massing and building heights. and varying rooflines on all facades. ill Architectural styles shall not be used that are tailored to further "corporate" identity obiectives rather than the existing or planned identity and character of the surrounding community, and which are inconsistent with these regulations. ill Architectural elements, excluding complimentary accent features. shall be integral components of the building fabric and constructed of durable and substantial quality and not superficially applied trim. ill All building facades shall be designed with "repeating patterns" that include no less than three (3) of the following elements: color change. texture change. material module change. or a change in plane (recess or proiection). at maximum intervals of 50 feet. The recess orproiection of a change in plane shall be at least 1 0 feet in width. two (2) feet in depth. and finished from grade to the roofline. At least one (1 ) of the design elements listed above shall repeat horizontally. 1Ql Material changes may substitute as an alternative to the required offsets as noted above where decorative and substantive roofline chan2es are coupled with a correspondingly aligned facade. ill A minimum of two (2) different types of building materials, allowed under Section 3.A.2 shall be proportionally used on required facades. A change in stucco texture or use of windows and / or awnings will not count toward meeting: this requirement. January 17,2008 33 . , . ' . . . . . . . . ii". \tJi:",';:',,- ~>_".r. .f5" .r,'.l ,-~ -'" .~" -.. ';:;;'-,~ ,.... "'.. -~ ,...,.'- ';~ ~();U','_~, ',',.:'!':"," :'t::",'.: I ,i , ""..'"....._.,--..,..~. " f! ~-~ .j ,'lim', All 'J .tt" ---- 11I111I__ .~, , ,,i.' ,0' ,_ ':~ ,_ - ;' . . ,. '" :" ,.. 'T~~p"'-~""_"""",,'__-"-'--"_C'__=<~'''''''''-- ._.~_._.__"__._,.,. "'n_H'_"'___-:::;;::;:;.:._~ -';III.",..';ii , I~ d, \ II ~' ..:_ ..~.i...', ~~;". II 1 I I iii <,I .. :~J · '.: 'i" I 'I!, ilii, I',:, .;,.;.... 7 -II' ,I.. . ! : - 'M"; :':-:;,['1:' -,' -'::; ~ .,: ,.".".. '1' ~' ,,-,,", ---- ,.;.~. _.n.' .. I . . II: . EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. ill Articulation in the parapet wall shall coincide with the horizontal changes within the building, which are required under subparagraph c.5. ~ Windows. ill On any facade on which a customer entrance to the building is located. a minimum of 1.6 square foot of window is required for each one (1) lineal foot of facade. ill On any other facade facing a public street, a minimum of 0.8 square foot of window is required for each one ( 1) foot of facade. ill A minimum of 70% of windows on the front or side facades shall be transparent. The remaInIng 30% may be opaque, provided that the following conditions are met: ill Window construction using opaque glass shall appear identical to the transparent windows: ill} Opaque windows shall not be superficially attached to the wall: January 17, 2008 35 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) Opaque windows shall not be perceptibly different III texture, color, or reflectivity than the glass of the transparent windows. B.l Architecturally omate window boxes displaying merchandise onlv. mav be substituted for 25% of the required transparent windows and 100% of the opaque windows. This design element may also be applied to smaller-sized buildin2:s with shorter facades and those buildin2:s without traditional front entrances. ill Windows shall be of pedestrian scale and recessed. See subparagraph e.(1 ) above for additional regulations reQ:arding display windows. f: Public Entrances. ill A minimum of one ( 1) customer entrance should be provided on the front facade. ill All sides of a building that directly face an abuttinQ: street, with no intervening building, should provide a customer entrance. ill All public entrances to the buildin~ shall be the focal point of the facade throu?h the use of a combination of the following architectural elements: pediments, lintels, columns, pilasters. porches. balconies, railings, balustrades. and omate moldings. Design features may also include entry recesses / proiections or locating display windows so that they are directly adiacent to the entrance. B.l Any side of a building with a parking field in excess of 20% of the required parking. and where 50% of that parking is located farther than 300 feet from a customer entrance. shall be required to have a customer entrance on that facade. See January 17, 2008 36 EXTERIOR BUILDING AND SITE DESIGN STANDARDS subparagraph i.1 below for additional parking regulations. Customer entrance required on side facade > 50% of spa= > 300' 300' radius from nearest entrance from entTance ill A customer entrance proposed for a side facade shall be located a minimum distance from the corner of the front facade equal to 25% of the lineal length of the side facade on which it is to be located. A customer entrance located at the comer of the building cannot substitute or fulfill the requirement to provide entrances on both front and side facades. ~ Covered Walkwavs. ill Rules. ill For the purposes of this subsection only, the "front" of a building is considered to be the building facade where a public entrance is proposed. A building: that contains public entrances on two (2) or more facades is said to have multiple "fronts". ili.l A building facade that is oriented toward a public street but does not contain a public entrance is considered to be a "side comer" facade. January 17, 2008 37 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) A building facade that is neither oriented toward a public street nor contains a public entrance is considered to be either the "side" or "rear" facade. (iv) A covered walkway IS considered to be an "ARCADE, PEDESTRIAN" as defined III Chapter 1. Article II. (iv) The horizontal extent of a covered walkway shall be measured upon the entire length of a facade where required. ill Greater preference is placed on the proximity of a covered walkway to the location of the public entrance. ill Covered walkways are required along building facades that contain public entrances or along facades that are oriented towards public or private streets. The location and horizontal extent of covered walkways shall be based upon the following types of building designs: ill Public entrance( s) on one ( 1 ) facade: Covered walkwavs are required along at least 70% of the front facade and at least 30% of the side comer facade. No covered walkways are required along the side or rear of the building. {ill Public entrance( s) on two (2) or more facades: Covered walkways are required along at least 50% of each facade where a public entrance is proposed. No covered walkways are required along the side or rear of the building. January 17,2008 38 EXTERIOR BUILDING AND SITE DESIGN STANDARDS (iii) Public entrance on comer of building: Covered walkways are required along a minimum ofSO% of each facade where a comer entrance is proposed. The intent is to wrap each facade with a covered walkway. commencing at the comer where the public entrance is proposed. ill Covered walkways shall have a minimum external dimension of 10 feet in width. The minimum internal dimension shall be seven (7) feet in width. absent of any obstruction by columns. furniture, and / or other appurtenances. h. Landscapin2. ill Foundation landscaping areas for large non-residential (big box) developments shall be required in accordance with Chapter 4, Article II, Section S.B. ill See Chapter 4, Article II, Section 5.J.4 for additional regulations regarding the required width of the landscape strip abutting the right-of-way for large non- residential (big box) developments. k Site Amenities. ~ Sculptures, fountains, gardens, pools, trellises, and benches shall be encouraged within the site design. In addition. the following standards shall be required for every 50,000 square feet or fraction thereof of every non- residential (big box) development: ill Two (2) site amenities shall be required. Site amenities include but are not limited to bell or clock towers, pergolas. public seating areas (separate and apart from any outdoor seating provided for an associated restaurant use ), fountains (of at least eight (8) feet in height and 16 feet diameter). and public art but only when combined with another amenity. Public art, which is in fulfillment of the Art in Public Places program, may be utilized to comply January 17, 2008 39 EXTERIOR BUILDING AND SITE DESIGN STANDARDS with the pedestrian amenity requirement of this subparagraph. provided that the public art is located in coniunction with another qualifvinl;!: pedestrian amenitv. ill Pedestrian pathwavs throu~h off- street parking areas shall be required in accordance with subparagraph "i(2)" below. 1:. Off-Street Parking Lot Orientation. ill Parking areas shall provide safe. convenient. and efficient access. Off-street parking areas shall be distributed around large buildings in order to shorten the distance to customer entrances, other buildings, and public sidewalks. as well as to reduce the overall area and visual bli~ht of the paved surface. No more than 60% of the off-street surface parking area shall be located between any facade and a public street. ill Pedestrian pathways shall be required where parking spaces are located in excess of 400 feet from anv customer entrance. January 17, 2008 40 EXTERIOR BUILDING AND SITE DESIGN STANDARDS These pedestrian pathways shall be a minimum of ten (10) feet in width. leading from the farthest parking space to the customer entrance. These pathways shall incorporate the use of a combination of decorative pavement. trellises, seating, pergolas, arbors, gazebos, decorative light fixtures and landscaping. Pedestrian J 400' to an entrance pathways ill Where off-street parking areas are screened by outparcel buildings or is not visible from a public street, a maximum of 75% of the required parking may be adiacent to a front or side facade containing a customer entrance. January 17, 2008 41 EXTERIOR BUILDING AND SITE DESIGN STANDARDS ill Unique conditions associated with individual sites mav iustify the review and approval of alternative site designs that do not specifically comply with the parking lot orientation standards of this subsection. A different design proposal may offer superior results or maximum achievement of the City's obiectives. The above standards may be varied by the City Commission. provided that the applicant can demonstrate there is an unusual site configuration and / or unique circumstances. and the alternative site design clearly meets the intent of these provisions. Alternative design must consider and address the following obiectives: ill Maximize the proximity of parking spaces to customer entrances: fill Reduce visual blight oflarge expanses of surface off-street parking areas: and (iii) Improve pedestrian connectivity In excess of the minimum standards. ill Regulations shall be enforced in zoning districts and overlay zones where the obiective is to discourage or prohibit off- street parking areas between the building and the rights-of-way (see Chapter 4. Article VI. Section 8.D.). k. Miscellaneous. ill Buildings should be configured so they complement outdoor spaces. Walkways, entrances and gathering areas should have shading features. such as trees, landscaping, trellis structures, proiecting canopies, covered walkways, arcades. and/or porticos. Seating areas and benches should be located in shaded areas that are close to activity. but that will not block or cause congestion in circulation or at entrances. January 17, 2008 42 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Outdoor employee areas should be integrated into the site design, but should be separated from {!eneral public circulation with screenmg. ill Accessory uses, including a Gasoline Station or Automotive, Minor Repair within large commercial developments should incorporate the design characteristics and architectural treatments applied to the larger buildin{!. As discussed in subparagraph c.(3) above, the use of standardized "corporate" architectural styles associated with chain type businesses is prohibited. The accessory use should not be the focal point in the front setback. If the accessory use is located forward of the larger building, a 25-foot wide landscape strip shall be utilized along all property lines abutting the operation, including a minimum three (3) foot high berm. Additionally, the accessory use shall be landscaped separately from the remainder of the parking area by a 10-foot wide planting strip. ill See Section 3.F.l for additional regulations regarding the design of transit shelters where abutting or located within large non-residential (big box) developments. ill Large commercial buildings III excess of 75.000 square feet should be structurally designed to be easily divided into smaller tenant spaces in planning for future adaptive re-use purposes. 4. Uses Adjacent to Sin!!le- F amilv Residential Zonin!! Districts. a. General. ill Purpose and Intent. These standards are intended to protect lower intensity land uses from higher intensity land uses by requiring the higher intensity land uses to be designed and maintained to reduce January 17, 2008 43 EXTERIOR BUILDING AND SITE DESIGN STANDARDS impacts upon the lower intensity land uses through appropriate proi ect orientation. additional setbacks for taller structures and recreational facilities, compatible architectural treatments. and proper location and orientation of signs and lights. ill Applicabilitv. When a new development, other than a sinl?le-family or two-family dwelling unit abuts or is adiacent to a single-family residential zoning district due to an intervening local roadwav. the following design standards shall applv: <=r Compatibility with surrounding O' development. (1) b. Standards for All Districts. ~ All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adiacent residential uses and related activities both on the site being developed and adjacent propert)'. Compatibility shall be evaluated based upon '.v ill be judged on how well the proposed development fits within the context ofthe neighborhood and abutting properties. For this purpose, elevations and cross sections shmying adjacent structures shall be included ':,'ith the site plan application. Single-family homes located within planned districts, multi-family homes, mixed-use proiects, and all non-residential uses. where abutting or adiacent to single-familv residential zoning. shall be designed to avoid a reduction in privacy of the abutting or adiacent properties. This requirement may be achieved through measures. such as but not limited to, additional landscaping, orientation of windows and balconies, and layout of units of upper floors. c. Standards for Planned Residential Districts (lPUD and PUD). ~ Any IPUD or PUD located adiacent to single-family residential zoning must locate structures of the same unit type or height. However, if If vegetation, screening or other barriers and / or creative design on the perimeter of an Infill Planned Unit Development January 17,2008 44 EXTERIOR BUILDING AND SITE DESIGN STANDARDS {IPUD) or Planned Unit Development (PUD) district achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: .ill B-1 Any IPUD or PUD located adjacent to an existing single- family residential development(s) must locate structures of the same unit type or height allowed by the adjacent zoning district(s)~; and .ilil Additional setbacks are required for structures in excess of 30 feet in hei~ht pursuant to Chapter 3, Article III. Section 1.B. (2) Structures on the perimeter of an IPUD or PUD project, in addition to the basic setbaek requireffloots, must be setback one (1) additional foot for each one (1) foot in height for the perimeter structures that exceed thirty (30) feet. (3) If an IPUD is located v;ith frontage on thc Intracoastal 'loT at erway, oonditions of approval shall include a deed restriction requiring that any marina or dockage build '.vill not mweed in ':lidth the boundaries of the project's actual frontage on the ',vater, regardless of 'l;hat any other go';erning or permitting entity may allo'?; or permit. Section 4. Maintenance of Buildin2s. Structures. and Site. It shall be unlawful for owner( s) of real property within the City to permit the deterioration of the exterior of a building or off-street parking areas such that it becomes non-compliant with these standards or the minimum standards for appearance and maintenance of public and private property (see Part II, Chapter 15, Section 15-20). The awning/canopy and support system should be maintained at the same level as other components of the building. Rusting/peelin~ support structures shall be cleaned and repainted. Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or replaced. January 17, 2008 45 EXTERIOR BUILDING AND SITE DESIGN STA..l\JDARDS Section 5. Urban Desi2n Guidelines of the Community Redevelopment A!!encv (eRA). A. Purpose and Intent. The purpose of Boynton Beach Urban Design Guidelines are to provide a basis for evaluating redevelopment proposals and act as a guide for making decisions about public and private improvements within the boundaries of the Community Redevelopment A!!encY. It is anticipated that through the use of the guidelines. both private and public proiects will endeavor to preserve and enhance the form. scale, and visual character that make downtown unique within the city and the region. The ~idelines will assist to ensure that each incremental site design. architectural. and streetscape proiect contributes to a positive image for the city. B. Relationship to Comprehensive Plan. In particular. the guidelines are designed to support the following obiectives in accordance with the City of Bovnton Beach Comprehensive Plan: a. Assure long-term economIC vitali tv of the downtown; b. Create a vibrant mixed-use development downtown urban environment: c. Create an aesth eti call y pleasing and vibrant pedestrian oriented downtown: d. Provide improved visual and physical connectivity between downtown districts: e. Encourage the creation of exciting and inviting public urban spaces; f:. Develop a downtown urban character that is unique to Bovnton Beach: ~ Provide interesting architectural design diversity within a continuity of urban design principles: and h. Provide safe, efficient. and aestheticallv pleasing accommodations for vehicular access and parking. C. Relationship to Redevelopment Plan. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Federal Highway Corridor Community Redevelopment Plan. Heart ofBovnton Master Plans & January 17,2008 46 EXTERIOR BUILDING AND SITE DESIGN STANDARDS Schematic Designs. Ocean District Community Redevelopment Plan. and Bovnton Beach Boulevard Corridor Plan. D. Relationship to Land Development Re!!ulations. The Urban Design Guidelines are applicable to all properties that are located within the CRA. particularly within the Mixed-Use Low Intensity 1 (MU-Ll ). Mixed-Use Low Intensity 2 (MU-L2). Mixed-Use Low Intensity 3 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning districts. S:\Planning\Zoning Code Update\lDR Rewrite\Part llI\Chapters\Chapter 4 Site Development Standards\Final\Article ill Exterior Builidng and Site Design Standards (graphics).doc January 17, 2008 47 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Wuebben was not aware of any complaints made to the City against Brick House Billiards. Mr. MacMullen explained while there had been occasional altercations in the establishment, they were always under control and never got out of hand. Additionally, there was police presence at the establishment, and Brick House Billiards proved to be a good neighbor to its fellow merchants during the hurricane and a recent robbery. Motion Ms. Grcevic moved that the request for conditional use approval to allow for a bar/lounge as accessory to a billiards hall, within an existing commercial plaza, zoned C- 3, Community Commercial, be approved, subject to the conditions. Mr. Barnes seconded the motion that passed unanimously. 6. Old Business (taken out of order) A. Land Development Regulation Rewrite- Group 4 - Part II Code Review 1. PROJECT: Land Development Regulations (LOR) Rewrite, Group 4, Part II (CDRV 07-004) AGENT: City-initiated DESCRIPTION: A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III Exterior Building and Site Design Standards. This proposed section will ultimately replace andenhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2, 4, 6, 7, 10 and 11. Mr. Rumpf explained staff was pleased and enthusiastic to bring forth the next draft deliverable of the City's Land Development Regulations Rewrite project. Group 4 contained the environmental protection standards, landscape design and exterior building and site design. The environmental protection standards and the landscape design and buffering portion were provided in the previous deliverable. However, as a result of the time and magnitude of the work, they were separated out and covered separately. Project objectives targeted in this rewrite would be emphasized. Chapter 4 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 consisted of all site development standards from environmental protection to utility and infrastructure. The sections of the current Land Development Regulations that were affected were Chapter 2, Zoning, specifically Sections 5 and 6, Chapter 4, Site Plan Review, Section 8, and Chapter 9, Community Design Plan, Sections 1, 2, 4, 6, 7, 10 and 11. Sections 5 and 6 of Chapter 2, Zoning, pertained primarily to the mixed-use districts. As to Article III, Exterior Building and Site Design, a good deal of effort went into supportive text. When dealing with design guidelines, more subjective standards, such as appearance, would be considered. Utilizing new regulations at the County level for "Big Box" (large-sized commercial structures) standards, as well as those extracted from other jurisdictions, were reviewed. Staff was able to find objectives in quantifiable standards for many of the items that improved the appearance of buildings. In dealing with subjective text and standards, it was important staff provide substantial supporting text. Objectives and design principles were the rationale used to defend the standards and provide justification required for the appearance and proximity of a building to another project. In most cases, the LDR Rewrite had condensed and simplified text. However, the narrative and text were added to provide ample justification, backup and supporting documentation for these types of regulations. The design principles objective also provided regulations for color compatibility to enhance the appearance of a building. The wording in sustainability, the last item under Objectives, would help justify and support future efforts in the event the City moved forward with "green" standards. Graphics had been added to Article III as well, which would help define terms such as "pedestrian friendly" and would emphasize some of the elements necessary to meet this objective. Subsequent to the last rewriting and updating of the LDR, new districts had been added including mixed-use districts and the suburban mixed use (SMU) district. Densities had increased from 45 feet of building height to 150 feet of building height. Consideration was being given to the appearance of pedestrian areas, and this was supported by both graphiCS and text. Language was incorporated to support future comments on projects in order that they be compatible with the area rather than with trendy and temporary corporate designs. The Code currently contained text with regard to drive-up windows. This was expanded to include all types of uses which would have a drive-up or walk-up window. Board discussion included the importance of flexibility in branding logos and fostering individual identity in order to avoid monotonous building facades and signs. It was 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 noted these issues were addressed in the sections of the Rewrite entitled "Symbols" and "Monotony Restrictions," which provided a variety of architectural designs. The restrictions were intended to be City-wide and would apply in some measure to residential structures as well. Mr. Rumpf noted several pages of the Rewrite were devoted to parking. The new mixed-used and redevelopment districts required various types of design standards for parking facilities, whether they be surface, exposed, non-exposed, combined with another building, understory garages or stand-alone parking structures. These were defined to facilitate project review. With regard to integrated garages, the intent was to border the parking structure with permitted habitable floor area. Mr. Rumpf spoke of the relief aspect of these regulations, as not every design scenario or solution could be captured. Rather than requiring the regulations be subject to a variance process, an appeal process for relief was available and would continue to be defined. Pedestrian Amenities, under Section III, Design Standards, was an element new to the Code. In most cases, a project would exceed these standards with the number of amenities, but this added section provided a benchmark for basic amenities. These standards would apply to renovation projects and were defined in Chapter 9 dealing with new construction and major modifications to existing improvements. Regulations were provided for simple accessory structures such as transit shelters and shopping cart corrals in order to comply with compatibility provisions. The Code currently provided for mixed use regulations, and standards were required for such uses as group homes, auto dealerships, gas stations and auto rental establishments. Design standards were brief and had been consolidated into this section of the regulations regarding design, with the emphasis on streetscape and its impact on pedestrians. With regard to the Big Box regulations, larger parcels of property had been developed. The threshold for Big Box development was low and regulations would take effect at 15,000 square feet. Differing thresholds would apply under certain requirements. The emphasis would be on the facade, varying horizontal and vertical lines, materials, windows and parking. One of the greatest negative aspects of Big Box development (i.e., large-scale retail operations) related to the parking fields. Incentives were added if parking fields were broken up and moved to different sides of the property. As to adoption of the Rewrite, Big Box development was weak in addressing urbanized areas. Staff was uncertain whether a completely different set of regulations should be established, or if the Big Box regulations could be written in a manner that would apply to both environments. Additional work would be necessary before the Rewrite was brought back in its entirety for adoption by the City Commission. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf noted staff had incorporated the CRA design guidelines into the Code which had been created with a consultant in conjunction with CRA staff and the board. These were incorporated by reference and included justification statements. Board discussion included use of the work "should" versus "shall in the document." It was noted "shall" would be more compulsory, while "should" would be more of a recom mendation. Mr. Rumpf noted staff was progressing along with the next deliverable which would deal with accessory structures in the Zoning Code and telecommunication towers. Staff recommended the board support the Rewrite. Comments and suggestions would be considered by staff in the finalization of the document and submission to the City Commission. Staff was commended for including sustainability into the plan. A brief discussion ensued as to the manner and review of CRA items transferred to the Planning and Developing board. In an unrelated item, extensive discussion ensued with regard to a brownfield designation in the CRA district. Board members expressed their concerns as follows: . Direction to be received from the City as to the board's approval of items relating to a lessening of standards allowed under Federal Guidelines in dealing with approval within a designated brownfield. . The gravity of a brownfield designation, the point of contamination and a remediation or containment plan associated with the contamination. Mr. Rumpf advised the CRA was considering recommending the City Commission seek a brownfield designation. However, the City had not approved the initial steps to explore the issue. A presentation would be made to the Commission at the March 2008 meeting. These issues had been communicated to the Commission and will be addressed at the Commission meeting by CRA staff. Harry Woodworth, 685 NE 15th Place, believed the brownfield designation was a statutory move to gain funding. He wondered why the citizens were not informed or involved in this issue and expressed concern as to the threat of contamination and its impact on citizens. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 26, 2008 Mr. Rumpf explained the matter would be reviewed again by the CRA on March 11, 2008, and he recommended that would be the next opportunity for communicating concerns. Chair Jaskiewicz suggested the concerns addressed by the Planning and Development board this date be conveyed as well. Mr. Rumpf noted staff sought the board's approval of the draft portion of Group 4, together with relevant comments incorporated therein, and the board's recommendation that the draft be forwarded to the City Commission for approval. Motion Mr. Barnes moved approval. Mr. Myott seconded the motion that passed unanimously. 8. Other None. 9. Comments by members None. 10. Adjournment Motion Mr. Barnes moved to adjourn. Mr. Lis seconded the motion that passed unanimously. The meeting adjourned at 8:05 p.m. Stephanie D. Kahn Recording Secretary 022708 14 IX. - CITY MANAGER'S REPORT CITY OF BOYNTON BEACH ITEM A 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 December 18, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 2008 (Noon) D January 2, 2008 December 17, 2007 (Noon) C March 4, 2008 February 19,2008 (Noonb n ~::; CO ::;-< D January 15,2008 18 March 18, 2008 March 3, 2008 (Noon) ""r1 December 31, 2007 (Noon) I"T1 -<0 CO (") ." D February 5, 2008 January 14,2008 (Noon) D April I, 2008 March 17,2008 (Noon) - I-CO 1..0 ~rio ~-< ;:bo .Z U'J -4 ::it oe D Announcements/Presentations 19j City Manager's Report \.0 .,,- .. ."a:J NATURE OF D Administrative D New Business W -fTl - (J> AGENDA ITEM D Consent Agenda D Legal /'Tln ::r D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to direct staff to prepare an Ordinance to update Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24. Single Family Residential Refuse Collection to change weekly collection requirements to allow disposal of unlimited amounts of bulk trash and landscape debris. EXPLANATION: Staff has developed different options and a recommendation for a Code Change relating to debris collection to address concerns raised by the City Manager and members of the City Commission. BACKGROUND: According to the current Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24, Single Family Residential Refuse Collection, the Solid Waste Division collects bulk debris, vegetation and construction debris from single-family residents on a weekly basis. Bulk trash and vegetation is limited to 2-cubic yards per household while construction debris is limited to one cubic yard, each collected one time per week. Any resident that places items in excess of the allowed amounts are assessed a Special Pick-Up fee. Both residents, and City staff, can be confused regarding interpretation of what constitutes a "cubic yard". The process used to assess special pick-up piles can be time consuming causing piles to be at the curb for up to a week or longer. The goal of the Solid Waste Division is to change the collection process and to collect every pile weekly without limitation in size. Staff believes this will help alleviate trash piles from the streets for an extended period oftime. CURRENT PROCEDURES: There are three types of Special Pick-Up Programs: BULK TRASH - Items such as furniture, refrigerators, hot-water heaters, etc. are allowed to be placed at the curb for weekly collection not to exceed 2-cubic yards. VEGETATION - Yard waste such as tree trimmings, bush trimmings, limbs, etc. are allowed to be placed at the curb for weekly collection not to exceed 2-cubic yards. No commercial trimmed yard waste is allowed. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM CONSTRUCTION DEBRIS - Construction renovation/remodeling materials such as dry wall, windows, cabinets, roofing material are allowed to be placed at the curb for weekly collection not to exceed I-cubic yard. BULK TRASHNEGETATION The Solid Waste Code Enforcement Officer currently drives each route the day after the scheduled collection. Debris piles located in front of the resident's home that are larger than 2-cubic yards are spray painted red. The Officer then places a tag on the home instructing residents to call the Public Works Office to arrange a special pickup. Once the resident calls the office a form is completed and given to a Solid Waste Crew Supervisor. He/she then inspects the address and determines the cost for collection, with a minimum cost of$35.00 assessed the resident. The supervisor informs the resident of the cost. Residents are then given the option to sign a form for approval and the pile is collected up the next business day by the City or the residents must dispose of the material themselves. In addition to the Code Officer inspecting the routes, Solid Waste Crew Supervisors also receive calls from residents the same day as collection when a resident's pile is not collected. In this case the resident usually calls the Public Works Office or a route driver notifies the supervisor of an over-sized pile. The supervisor visits the residence, assesses the pile, and either obtains a signature authorizing special pickup or leaves a door hanger. Once staffreceives approval from the resident the pile is picked up the next business day. Once residents are notified of the need for special pick (most frequently by a door hanger) they have to either remove the debris themselves or call for the special collection. Frequently, approval by the resident can take anywhere from 1 to 5 days, further compounding the delay in collection. Debris piles that are not removed will subject the resident to a notice of violation from Code Enforcement. Once a notice of violation is issued, the resident has 1 O-days to remove the debris or have it collected, again further compounding the delay. This process certainly can become lengthy leaving piles of debris on the streets for up to a week and longer. It is apparent that our own process allowing residents additional time and alternatives has a significant, compounding, contribution to overall delay in removal of debris piles; our ultimate goal. OPTIONS FOR BULK TRASHNEGET A TION Staff has considered options for debris removal that will meet the goal of a more timely collection process. Items that were considered are listed below: 1. The City could collect the over-sized piles, document the collection with a picture, and forcefully charge a flat-rate on the water bill to compensate the City for collection costs. This would be done without approval from the resident. This method is currently followed in the City of Lake Worth. After speaking with a supervisor from Lake Worth, we determined that their process is extreme, requires several supervisors and can result in poor customer service. Lake Worth is processing over 425 violations per month. Out of that number they receive 40-50 complaints per month and many accounts are issued a credit. This is however an option should the City choose a "User Pays" approach. 2. The City could collect all debris on normal collection days regardless of volume. This process would eliminate all human intervention and associated delay. Price quotes by supervisors would be eliminated thereby negating the subjective nature in our existing process. Obviously, this approach would result in a loss of revenue associated with the existing special collection process. Staff recommends increasing the monthly residential garbage fee from $12.00 per month to $12.25 per month to account for this revenue loss. We do not experience similar problems in our multi-family communities therefore no rate change for multi-family is contemplated. This figure is derived from the total special pick-up revenue collected during FY06/07 divided by the total customers billed (21.278). Staff suggests an effective date of May 1, 2008. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Staff recommends option 2 and if the Commission concurs, a revised Ordinance for future Commission action will be prepared. OPTIONS FOR CONSTRUCTION & DEMOLITION DEBRIS Construction debris consists of renovation/remodeling material such as dry wall, windows, cabinets, roofing material and/or hazardous material. This procedure allows "handy" homeowners to dispose of debris from small scale projects in the home. Current Code allows for residents to place up to I-cubic yard at the curb. The same method is used when residents have piles that are over the size limit as that for bulk-trash and vegetation. The process to collect can also be lengthy due to the wait time to get piles assessed, resident authorization, etc. Staff has considered options that will meet the goal of a smoother and quicker collection process for handling this debris in bulk trash as well. Items that were considered are listed below: 1. Pickup pile and automatically charge resident on the water bill (same options as #1.) 2. Keep the procedure the same as it is now 3. Pickup all construction debris on normal collection day with no questions. This option would require the special pickup fees associated with C&D to be borne by all residential customers. Staff believes this privilege would be abused by some homeowners and private contractors would avail themselves to this service. Therefore this option should not be further considered. Staff recommends no change to collection of construction debris from residential properties. Our current process seems to work well and the amount of construction debris generated by homeowners is negligible. OTHER IMP ACTS AND ISSUES No system will be perfect and there are far too many "what ifs" that can arise. In fact, staff identified dozens of "what ifs" that were all minor yet impractical, if not impossible, to codify. Additionally, we recognize that staff recommendations naively assume that all homeowners will comply with existing Code and place items in front of their home on collection day only. The reality is that many residents will place items in front oftheir home many days in advance of their regularly scheduled collection day. This happens now. Staffs recommendation to collect everything will certainly address cleanliness on the day of collection but will do little to accommodate those instances where material is placed on days when collection is not pending within the next 24 hours. Staff believes that the approach to collect everything on the regularly scheduled collection day is the most efficient way to enhance the appearance of the community by reducing the duration the debris piles are allowed to be on the street. This process is a thoughtful benefit and privilege to those homeowners that follow the rules. Unfortunately, there will always be some residents that place debris well in advance of their scheduled collection day. This must be strongly discouraged. In this scenario staff recommends that the homeowner be allowed 24 hours to remove the debris or be assessed a special collection fee of$50 that would serve to reimburse the City for costs associated with reassignment of resources from other areas of the City to collect the material. This fee should be automatically placed on the water bill after the homeowner has been given 24 hours notice referenced herein. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMP ACT: By collecting all bulk-trash and vegetation without limits this will improve the aesthetics of the City. FISCAL IMP ACT: Picking up all debris will require a $0.25 increase on the residential refuse bill. AL TERNA TIVES: To remain with the same programs and procedures as we currently have. --tJ --A'. /1 . .; -- )/' -1. ,', i' V' A_~-- -~ '.,/ ~ ' ,. '~~ I City Manager's Signature Assistant to City Manager ~, ~J 6l~ , WL,dtS Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 4 IX.-CITY MANAGER'S REPORT ITEM B. Review new resolution for enclave annexation (Tabled on February 19, 2008) XII. - LEGAL - 1st Reading ITEM e.l CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o December 18, 2007 December 3, 2007 (Noon) 0 February 19,2008 February 4,2008 (Noon) o January 2, 2008 December 17, 2007 (Noon) 0 March 4, 2008 February 19, 2008 (Noon) o January 15,2008 December 31,2007 (Noon) IZI March 18,2008 March 3, 2008 (Noon) o February 5, 2008 January 14, 2008 (Noon) 0 April 1, 2008 March 17,2008 (Noon) o Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda IZI Legal o Code Compliance & Legal Settlements 0 Unfinished Business o Public Hearing 0 RECOMMENDATION: Adopt an ordinance changing the date of the City's municipal election, run off election and the date for taking office. EXPLAN A TION: In January the City Commission directed staff to prepare an ordinance changing the City's municipal election date from November to March. The run off election date will be adjusted accordingly. Further, the dates in which the elected officials would take office would be adjusted out by approximately four months. Currently, the terms of our Commissioners are as follows, and the impact on their term length is shown below: n Commission Seat Current Term Expires Term Expires If Changed to March g ~~ MayorJerry Taylor 11/2009 3/2010 :x ~CJ VM Jose Rodriguez (District III) 11/2009 3/2010 SO :-:>-r, Comm. Ron Weiland (District I) 11/2009 3/2010 1-"', c: Comm. Marlene Ross (District IV) 11/2010 3/2011 -J ::c)-< Comm. Woodrow Hay (District II) 11/2010 3/2011 :> ~,;: :J.l: 0 --"..... All of the current Commissioner's terms would be extended by approximately four (4) months to remain staggered:.$; ~;;; originally established. N n;; 0'\ rr1 C") PROGRAM IMPACT: Elections to be held in March instead of November. ::c FISCAL IMP ACT: Our research has determined that there will be no significant cost or savings by changing the election date back to March. AL T7A TI~ES: Do not adopt new ordinance - keep election date in November I d' , 'I ~ A.L /u ll-L J-U,::....<..f , '- Department Head's Signature e -:If.. "j ... Assistant to City Manager ~ '~l ., / ! / I. .' . ~ }h~ i d~ {~J175'1- I' I<:~ Departlllent Na e City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO. 08- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, CHANGING 4 THE DATE OF THE ELECTION OF MUNICIP AL 5 OFFICERS TO THE SECOND TUESDAY IN MARCH; 6 CHANGING THE DA TE OF RUN-OFF ELECTIONS; 7 CHANGING THE DATE FOR TAKING OFFICE; 8 AMENDING SECTIONS 15, 138, 139 and 141 OF THE 9 CHARTER AND SECTION 2-1.2 OF THE CODE OF 10 ORDINANCES AS APPROPRIATE; PROVIDING FOR 11 CONFLICTS, SEVERABILITY, CODIFICA TION AND 12 AN EFFECTIVE DATE. 13 WHEREAS, the City Commission has reviewed recent voting patterns and has 14 determined that moving the election date for municipal officers from November to March will 15 result in greater voter participation in City elections: and 16 WHEREAS, Laws of Florida ch. 83-478 authorizes the City to amend the City 17 Charter by Ordinance without the need for referendum when such amendment results in 18 conforming the City Charter to the provisions of Laws of Florida ch. 83-478 for uniform 19 filing and election dates in Palm Beach County, Florida. Florida Statute 100.3605(2) provides 20 additional authority to change qualifying dates, election dates and the orderly transition of 21 office resulting from such changes by Ordinance. 22 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 23 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and 25 incorporated herein by this reference. 26 Section 2. Sections 15, 138, 139 and 141 of the City Charter are amended by 27 adding the words and figures in underlined type and by deleting the words and figures in 28 struck through type, as follows: 29 Sec. 15. When Commissioners and Mayor are to assume office. 30 The Commissioners and Mayor who are elected in elections held in 31 November March of any year, shall assume office on the first regular or 32 special city commission meeting following their electioncertification of their " election results. Once all newly elected officials have taken office the -'-' 34 Commission shall organize in accordance with the provisions of Section 23 1 of this Charter and shall then proceed to select the officers and employees, 2 designated in Section 49 of this Charter. 3 Sec. 138. Call by Mayor, publication of proclamation; qualification of 4 candidates, filing by candidates with City Clerk; notification of 5 Supervisor of Elections. 6 All general and special elections, unless otherwise provided in this Act, 7 shall be called by proclamation of the Mayor; published in a newspaper 8 published in the City of Boynton Beach, Florida, once a week for two (2) 9 consecutiye weeks, or, if no newspaper is published in the City of Boynton 10 Beach, Florida, by posting same at the City Hall for two (2) weeks, and such 11 election that may be held upon such notice. 12 Candidates for City Commission shall file such papers and pay such fees 13 as may be required by law with the City Clerk no earlier than noon on the 14 ffi:I:tFtfllast Tuesday in January nor later than noon on the second Tuesday in 15 February Thursday in .'\ugust (i.e. for the November ;002 election, 16 qualifying period will commencc on /\ugust 22, 2002), nor latcr than noon 17 on the first 'fhursday in September (i.e. for the November 2002 election, 18 qualifying period 'Nill end on September 5, 2002) of the calendar year in 19 which the election is to be held. The City Clerk shall transmit the names of 20 all candidates for City Commission to the Supervisor of Elections by 5:00 21 p.m. on the first Friday after the close of qualifying. 22 Sec. 139. General and run-off elections. 23 A special election for any purpose shall be held as provided in the Charter or 24 by ordinance not inconsistent herewith. In every election to any office, the 25 candidate receiving the highest percentage of the vote in excess of thirty- 26 five (35%) percent of the votes validly cast shall be declared elected. If, in 27 any election, no candidate receives in excess of thirty-five (35%) percent of 28 the vote in the first election, a second election, limited to the two (2) 29 candidates receiving respectively the highest and the next highest number of 30 I votes in the first election shall be held on the fourth Tuesday in March of the 31 calendar year fourteenth day after the fir~;t election, and the candidate 32 receiving the higher number of votes in the second election shall be declared 33 elected. 34 For purpose of transition from November to March elections, any municipal 35 officer whose term of office would expire in November will have their term 36 extended until the following March. 1 2 Sec. 141. Regular municipal election, date; qualification of electors .., for Commissioners; method of holding elections, special elections. J 4 Regular municipal elections shall be held on the secondfffst Tuesday 5 after the fir~;t Monday in NovemberMarch of the calendar year in an election 6 ye-af. In the event a run-off election is required as specified in Section 139 7 hereof, said election shall be held on the fourth Tuesday in March of the 8 calendar vearfourteenth day after the first election. The City Commission 9 shall prescribe, by ordinance, the method and manner of holding all 10 elections in said City, and shall provide when and how special elections 11 shall be called and held, which are not provided by the terms of this Charter, 12 and all elections shall be conducted substantially on the principle adopted 13 for state election insofar as there are no conflicts with the terms of this 14 Charter. 15 Section 3. Section 2-1.2 of the City of Boynton Beach Code of Ordnances is 16 amended by adding the words and figures in underlined type and by deleting the words and 17 figures in struck through type, as follows: 18 Sec. 2-1.2. Vice-Mayor appointment. 19 I At the second regular City Commission meeting meeting following the 20 swearing in of newly elected officers, in November of each year. the City 21 Commission shall appoint one of its members to serve as Vice-Mayor. Any 22 member of the City Commission who has not previously served as Vice- 23 Mayor during his or her current term of office may be selected to serve as 24 Vice-Mayor. No second of the nomination is required. Voting shall occur in 25 the following manner: Voting shall be by voice vote. Each member of the 26 Commission shall vote for one nominee in each round of voting until one 27 person obtains a majority vote. If no nominee obtains a majority in round 28 one, there is another round of voting but the nominee with the least number 29 of votes does not move on to round two. If there are four nominees in round 30 one, the nominee with the most votes wins. If only one member is 31 nominated to serve as Vice-Mayor, the Mayor shall declare the nominee 32 appointed by acclamation without the necessity of a vote. 33 34 Section 4. Each and every other provision of Charter, not herein specifically 35 mended shall remain in full force and effect as previously enacted. 1 . I Section 5. All ordinances or parts of ordinances in conflict herewith be and the 2 same are hereby repealed. 3 Section 6. Should any section or provision of this ordinance or portion hereof, any 4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 5 such decision shall not affect the remainder of this ordinance. 6 Section 7. Authority is hereby granted to codify said ordinance. 7 Section 8. This ordinance shall become effective immediately upon its passage 8 and adoption. 9 FIRST READING this _ day of ,2008. 10 11 SECOND, FINAL READING AND PASSAGE this day of , 12 2008. 13 CITY OF BOYNTON BEACH, FLORIDA 14 15 16 Mayor - Jerry Taylor 17 18 19 Vice Mayor - Jose Rodriguez 20 21 22 Commissioner - Ronald Weiland 23 24 25 Commissioner - Woodrow L. Hay 26 27 28 Commissioner - Marlene Ross 29 ATTEST: 30 31 32 III 33 icanet M. Prainito, CMC 34 . ,City Clerk 35 36 37 (CORPORATE SEAL)