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Agenda 10-02-12 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, OCTOBER 2, 2012 6:30 PM FINAL AGENDA City Commission AGENDA Woodrow L. Hay Mayor – At Large Mack McCray Vice Mayor – District II Vacant Commissioner – District I Steven Holzman Commissioner – District III Marlene Ross Commissioner – District IV Lori LaVerriere Interim City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action.  Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group.  Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda.  Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue.  Public Hearings: Any citizen may speak on an official agenda item under the section entitled “Public Hearings.”  Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission – Time Limit – Three (3) Minutes  Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 451 1. OPENINGS A. Call to order - Mayor Woodrow L. Hay B. Invocation C. Pledge of Allegiance to the Flag led by Mayor Hay D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Recommend declaring a proclamation for the Month of October as National Arts and Humanities Month for the City of Boynton Beach. B. First City Commission Meeting in November will be rescheduled to Wednesday, November 7th due to the National Election on November 6th 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Discuss cancellation of two Commission meetings due to holidays B. Consider request from Education Youth Advisory Board - Reconsideration of attendance requirements C. Appoint eligible members of the community to serve in vacant positions on City advisory boards 3 of 451 6. 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 PROPOSED RESOLUTION NO. R12-103 A. - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. Approve the sole source purchase of three (3) LIFEPAK 15 cardiac monitors/defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA, for a total expenditure of $72, 900. PROPOSED RESOLUTION NO. R12-104 C. - Authorize and direct execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow for four (4) additional five- year terms, thereby extending the lease agreement 20 years to June 4, 2046 for the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). PROPOSED RESOLUTION NO. R12-105 D. - Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4) additional five- year terms, thereby extending the lease agreement 20 years to October 29, 2041; and to increase the size of the lease parcel by 100 square feet for the existing telecommunications tower at the City's Water Storage Tank (3600 Miner Road). PROPOSED RESOLUTION NO. R12-106 E. - Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4) additional five- year terms, thereby extending the lease agreement 20 years to October 29, 2041 for the existing telecommunications tower at the Public Works Compound (222 NE 9th Avenue) PROPOSED RESOLUTION NO. R12-107 F. - Approve piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing. The bid term is from October 1, 2012 to September 30, 2013, the second of two one-year renewals per Charlotte County bid documents. This bid will be utilized for the procurement of liquid polyphosphate at the estimated annual expenditure of $50,000 G. Approve full release of surety for the project known as Mariner Health of Boynton Beach and authorize refunding the $65,516.00 cash bond for the water and sewer utilities to Mariner Health. 4 of 451 H. Approve the minutes from the Special City Commission meeting held on September 13, 2012 and the regular City Commission meeting held on September 18, 2012 I. Accept the resignation of Vinola Rada, a regular member of the Special Events Ad Hoc Advisory Committee 7. BIDS AND PURCHASES OVER $100,000 PROPOSED RESOLUTION NO. R12-108 A. - Approve "piggyback" of the City of Cape Coral Bid #: ITB-UT12-32/CH with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. This contract will be utilized for the procurement of sulfuric acid at an estimated annual expenditure of $165,000 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Approve the negotiated settlement for $10,000 in the case of Bernard Castor v. City of Boynton Beach. 9. PUBLIC HEARING 7 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. None 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R12-109 A. - Approve (1) authorizing the Community Redevelopment Agency to issue its Tax Increment Revenue Bonds, Series 2012 in a principal amount not to exceed $17,000,000 in order to refinance its Tax Increment Revenue Bonds, Series 2005A, and Series 2004 maturing after 2014, (2) authorizing the City to guaranty the repayment of the bonds when they become due and (3) authorizing the Interim City Manager to execute the Guaranty Agreement. 11. UNFINISHED BUSINESS A. Hear update on Old High School Redevelopment Project - Mr. Juan Contin - Boynton Old School Partners, LLC PROPOSED RESOLUTION NO. R12-102 B. - Approve the ranking of proposers identified by the Evaluation Committee from the responses received to the Request for Proposals RFP #067-2110-12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY"; and approve agreement with Berkshire Advisors of Bay Village, OH, for an amount not to exceed $59,000 (Including all fees and TABLED ON SEPTEMBER 18, 2012 expenses). 5 of 451 12. NEW BUSINESS None 13. LEGAL PROPOSED ORDINANCE NO. 12-015 - SECOND READING - PUBLIC A. HEARING - Approve the historic designation application for the Audrey D. Gerger House located at 331 NW 1st Avenue, Boynton Beach. PROPOSED ORDINANCE NO. 12-016 - SECOND READING - PUBLIC B. HEARING - Approve amendments to the LDR intended to, in part, provide incentives to the development of non-conforming industrial lots; promote more urban development through clarification of build-to-line regulations; update historic preservation processes; and enhance project and streetscape appearance through various changes in community design regulations. Applicant: City-initiated. 14. FUTURE AGENDA ITEMS A. Review of staff recommendations for changes, deletions and additions to Planning & Zoning Department fees to reflect current services and updated costs. - October 16, 2012, Commission Meeting B. Scheduling of City Commission Workshop to discuss future of City Hall Campus - TBD C. Consideration of rescinding current Lobbyist Registration Ordinance to opt into Palm Beach Countywide Ordinance - 10/16/12 D. Consideration of entering into an ILA with Palm Beach County for payment of Inspector General fees directly to County - 11/7/12 E. Capital Facility Charge Update Study - Amending Ordinance - 12/4/12 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT 6 of 451 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE . OFFICE OF THE CITY CLERK 7 of 451 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Recommend declaring a proclamation for the EQUESTED CTION BY ITY OMMISSION Month of October as National Arts and Humanities Month for the City of Boynton Beach. ER: The month of October has been recognized as National Arts and XPLANATION OF EQUEST Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. Barbara Ready, Arts Commission Chair, will accept the declared proclamation. H? This Proclamation will help raise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES awareness of Arts and Culture in the City of Boynton Beach and celebrate the many projects, programs and artists who contribute to making our City attractive and livable. FI: Increased awareness of Arts and Culture in the City of Boynton Beach will contribute ISCAL MPACT to the grow in economic development. A: Not todeclare a proclamation for the Month of October as National Arts and LTERNATIVES Humanities Month for the City of Boynton Beach 8 of 451 P R O C L A M A T I O N The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country, as well as by the White House and for more than two decades. The arts and humanities affect every aspect of life in America today, including the economy, social problem solving, job creation, education, creativity community livability and cultural tourism. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. The Americans for the Arts Economic Prosperity Study IV, June 2012, reports $135.2 billion in economic activity has a significant national impact, generating the following: $ 4.1 million full-time equivalent jobs • $ 22.3 billion in revenue to local, state, and federal governments every year • "Arts & Economic Prosperity IV" proves that the arts industry is resilient, even in a slow economy. Even during the most shattering economic downfall the county has experienced in generations, arts audiences still made it a point spend their hard-earned dollars to ensure the arts were still a part of their lives. Communities that draw cultural tourists experience an additional boost of economic activity. Tourism industry research has repeatedly demonstrated that arts tourists stay longer and spend more than the average traveler. Since October 5, 2005, the City of Boynton Beach adopted and supports its Art in Public Places program and through the guidance and authority of the Arts Commission has consistently recognized the importance of this industry. Now, therefore , I, Woodrow Hay, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, proclaim the month of October as: “National Arts and Humanities Month” in Boynton Beach and urge that citizens participate and celebrate the arts and humanities. In witness whereof , I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach, Florida, the 2nd day of October two thousand and twelve. _______________________ Woodrow Hay, Mayor ATTEST: __________________________ Janet M. Prainito, CMC, City Clerk 9 of 451 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: First City Commission Meeting in November will be EQUESTED CTION BY ITY OMMISSION thth rescheduled to Wednesday, November 7 due to the National Election on November 6 ER: In accordance with Section 22 of the City of Boynton Beach XPLANATION OF EQUEST Charter, the first City Commission meeting in November will be rescheduled to Wednesday, November 7, 2012 at 6:30 p.m. due to the national election being held on Tuesday, November 7, 2012. H? The actions of the City OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Commission would be delayed one day. FI: None known at this time. ISCAL MPACT A: There is no alternative since our Charter directs us to reschedule the LTERNATIVES meeting to the next regular working day. 10 of 451 5. A ADMINISTRATIVE October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discuss cancellation of two Commission meetings EQUESTED CTION BY ITY OMMISSION due to holidays ER: Staff is recommending the November 20, 2012 Commission XPLANATION OF EQUEST meeting be cancelled due to the Thanksgiving holiday. Historically this is a heavily travelled holiday for members of the Commission, the public and staff to spend time with their families. Staff is further recommending the January 1, 2013 meeting be cancelled due to it falling on New Year’s Day. H? Public Hearings will be scheduled OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES accordingly. With ample notice, these changes should not cause any difficulties. FI: n/a ISCAL MPACT A: No action. LTERNATIVES 11 of 451 5. B ADMINISTRATIVE October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider request from Education Youth Advisory EQUESTED CTION BY ITY OMMISSION Board - Reconsideration of attendance requirements ER: Please see the attached letter from Mr. Steve Waldman, XPLANATION OF EQUEST Chair of the Education and Youth Advisory Board. The board has recently lost two members due to attendance. Both members experienced extenuating personal circumstances which required them to miss several meetings and ultimately have to step down from the board. They have been long standing and very active members on the Board. A copy of the enacting ordinance is attached as well. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: n/a ISCAL MPACT A: Consider amendments to enacting ordinance; not consider LTERNATIVES amendments 12 of 451 13 of 451 14 of 451 15 of 451 16 of 451 5. C ADMINISTRATIVE October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 17 of 451 18 of 451 19 of 451 20 of 451 21 of 451 22 of 451 23 of 451 24 of 451 6. A CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-103 - EQUESTED CTION BY ITY OMMISSION Assess the cost of nuisance abatement on properties within the City of Boynton Beach ER: XPLANATION OF EQUEST In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk’s Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedures, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. A: LTERNATIVES The alternative would be to not place liens on the properties and not collect for the service provided. 25 of 451 26 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit “A”; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit “A” were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or his authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit “A” attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and Now, therefore, be it resolved by the city commission of the city of boynton beach, Florida as follows: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above- described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED COMPOSITE EXHIBIT “A” Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2012, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In 27 of 451 the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay _______________________________ Vice Mayor – Mack McCray _______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Commissioner – Marlene Ross _____________________________ Janet M. Prainito, MMC City Clerk {Corporate Seal} 28 of 451 29 of 451 6. B CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the sole source purchase of three (3) EQUESTED CTION BY ITY OMMISSION LIFEPAK 15 cardiac monitors/defibrillators and associated accessories from Physio Control, Inc. located in Redmond, WA, for a total expenditure of $72, 900. ER: The Boynton Beach Fire Rescue Department initiated a 7- XPLANATION OF EQUEST year replacement plan of its thirteen (13) Physio-Control Inc, LIFEPAK 12 cardiac monitors/defibrillators during FY 2008/09. This request will allow the department to continue with the Fifth Phase of the plan by purchasing three (3) additional LIFEPAK 15 cardiac monitor/defibrillators. The LIFEPAK15 models are the next generation of cardiac monitor/defibrillators offered by Physio-Control Inc, (the sole source vendor) and are anticipated to replace the traded in LIFEPAK 12 models by 2016.The LIFEPAK is used on a daily basis by our paramedics and is a key component to patient survivability. The LIFEPAK allows our paramedics the ability to acquire 4-lead ECG and 12-lead ECG monitoring in the field H? If approved, this purchase will allow OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the Department the ability to proceed forward with the Fifth Phase (the sole source purchase of these devices initiated in FY 2008/09 and expected through FY 2015/16) of our cardiac monitor/defibrillators replacement plan, thus providing our paramedics and patients with the most cutting edge cardiac monitoring technology/equipment available today. FI: The $72,900 cost will be charged to account 105-3281-522-64-23, ISCAL MPACT Grant Funds. The City was awarded an Emergency Medical Services (EMS) grant by $54,675 the State of Florida, Department of Health in the amount of . The grant is 75% 30 of 451 $18,225 State funding and 25% matching funds. The City’s matching amount of to be transferred to the Grant Funds is budgeted in the department’s FY 2012-2013 budget, account 001-2210-522-64-23. A: Not authorize the purchase of the three (3) LIFEPAK 15 cardiac LTERNATIVES monitors/defibrillators by using grant monies from the Florida Department of Health and return the awarded $54,675 to the FL State Department of Health, Bureau of Emergency Medical Services. 31 of 451 32 of 451 33 of 451 34 of 451 35 of 451 36 of 451 6. C CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/02/12 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-104 - EQUESTED CTION BY ITY OMMISSION Authorize and direct execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow for four (4) additional five-year terms, thereby extending the lease agreement 20 years to June 4, 2046 for the existing telecommunications tower at Hester Park (1901 North Seacrest Boulevard). ER: Property has been leased from the City by Sprint Spectrum XPLANATION OF EQUEST since June of 2001 for a telecommunications tower at Hester Park (Resolution R01- 200). The original lease was for five (5) years with a renewal option for four (4) additional five-year periods, extending the lease to June 4, 2026. The first lease amendment authorized assignment of the lease to Tenant Affiliate, Global Signal, Inc. (now known as Crown Castle) by Resolution 06-111 on June 20, 2006. Crown Castle, on behalf of Tenant, requests a second amendment to the lease agreement to provide for additional renewal terms beyond the original terms, which would extend the lease another 20 years to June 4, 2046. A current survey of the overall site, leased tower parcel, and associated easements (ingress/egress, utility), including detailed legal descriptions of each, are included in this amendment, replacing the exhibits from the original lease agreement. The existing ground lease area of 1,800 square feet will not increase in size. The proposed second amendment has been reviewed by the Tower Siting Review Team, including the Recreation and Parks Department, and has been revised to the satisfaction of both parties, including the City’s legal department. 37 of 451 H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Currently rent is paid in advance for each five year term at the rate of ISCAL MPACT the previous renewal term plus the current Consumer Price Index (CPI), however the CPI is fixed for each five year term. In addition to extending the lease term to 2046, the proposed lease amendment adds a rent escalation clause and requires rent to be paid on an annual basis. The rent would be increased annually by five percent (5%) over the annual rent that was in effect for the previous year beginning on June 5, 2016 (at the beginning of the next five-year term). Current rent for this lease is $145,475.00 for a five-year period, which equates to $29,095.00 per year. Annual rent with the 5% increase each year would start at $30,549.75 in 2016 and would increase to $125,746.91 by the end of the lease in June, 2046. Future rent for this lease (period covering from 2016 to 2046) would generate a total of $2,029,690.18 for the City. In consideration for amending the agreement Tenant agrees to pay the City a lump sum of $8,500.00 within 60 days of full execution of the amendment by both parties. In addition, an application fee of $1,500.00 for this lease revision was paid to the City at the time of application submittal on February 16, 2012. A: Not approve (which could result in additional tower sites), or not LTERNATIVES approve the lease amendment as proposed. 38 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND STC FIVE LLC., SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P., EXTENDING THE LEASE FOR EIGHT (8) ADDITIONAL FIVE (5) YEAR TERMS FROM THE INITIAL TERM AT HESTER PARK (1901 NORTH SEACREST BOULEVARD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sprint has leased property from the City at Hester Park (1901 North Seacrest Boulevard) for a telecommunications tower since June 5, 2001; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to execute a Second Amendment to Lease Agreement between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P., extending the Lease for eight (8) additional five (5) year terms from the initial term at Hester Park (1901 North Seacrest Boulevard). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Second Amendment to Lease Agreement for Telecommunication Tower Site at Hester Park (1901 North Seacrest Boulevard) between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L.P., extending the Lease for eight (8) additional five (5) year terms from the initial term, a copy of the Second Amendment is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2012. 39 of 451 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 40 of 451 SECOND AMENDMENT TO PCS SITE AGREEMENT THIS SECOND AMENDMENT TO PCS SITE AGREEMENT (this “Amendment”) dated as of the latter of the signature dates below (the “Effective Date”) by and between CITY OF BOYNTON BEACH (“Owner”) having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Owner and Sprint entered into that certain PCS Site Agreement dated as of June 5, 2001 as modified by that certain Resolution 06-111 adopted by the Landlord on June 20, 2006 (collectively, the “Agreement”), whereby Owner conveyed a lease to Sprint for a portion of land located at 1901 N. Seacrest Boulevard, Boynton Beach, Palm Beach County, Florida 33425 (F2-City of Boynton Beach Site), together with access and utility easements thereto (“Site”), as more particularly described in the Agreement and that certain Memorandum of PCS Site Agreement recorded July 24, 2001 in File No. 01-314798, Official Records Book 12752, Pages 1273-1281 of the Official Public Records of Palm Beach County, Florida; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an initial term and renewal terms that will expire on June 4, 2026 (the “Original Term”), and Owner and Tenant desire to enter into this Amendment in order to amend the Agreement to, among other things, provide for additional renewal terms beyond the Original Term. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Amendment for all purposes. 2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the other parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are not in default under the terms of the Agreement. 3. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 4. Initial Term Commencement Date. The parties hereby ratify and affirm that the commencement date for the Initial Term of the Agreement was June 5, 2001. 5. Legal Description of the Site; Exhibit A-1 and A-2. The parties hereby agree that the correct legal description for the Site and correct legal description for the non- exclusive ingress and egress and utility easements leased by Tenant are attached hereto as Exhibit A-1 (survey) and A-2 (legal descriptions); which exhibits are incorporated herein by reference for all purposes. Accordingly, the Agreement is hereby amended by deleting Exhibit A-1 and Exhibit A-2 attached thereto and replacing them with the corresponding exhibits that are attached hereto. Exhibit A-1 and Exhibit A-2 attached to this Amendment shall 41 of 451 supersede and replace the legal descriptions that are attached to the Agreement as descriptions for the Site and the ingress and egress and utility easements. 6. Paragraph 2 Amendment: Term. Paragraph 2 is hereby amended by deleting nd the second (2) sentence of the current text and inserting the following: “This Agreement will be automatically renewed for eight (8) additional terms (each a “Renewal Term”) of five (5) years each, unless Tenant provides Owner notice of intention not to renew not less than ninety (90) days prior to the expiration of the then current term.” The Initial Term and any Renewal Terms shall be collectively referred to herein as the “Lease Term.” The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original Term by twenty (20) years and that, unless terminated sooner, the final extension term of the Agreement will expire on June 4, 2046. 7. Paragraph 3 Amendment: Rent. Paragraph 3 of the Agreement is hereby amended by deleting the last sentence of the first paragraph and all of the second full paragraph , and adding the following: “Effective June 5, 2016 (at the beginning of the fourth 5-year term), rent shall be paid annually in advance and be increased annually by five percent (5%) over the annual rent that was in effect for the previous year.” 8. Paragraph 6 Amendment: Notice. Paragraph 6 of the Agreement is hereby amended by deleting the address for Tenant, and inserting in lieu thereof the following: TENANT: Sprint Contracts and Performance Mailstop KSOPHT0101 – Z2650 Re: Cell Site #878298– F2-City of Boynton Beach 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Attn: Marion S. Crable, Manager with a copy to: Global Signal Acquisitions II LLC c/o Crown Castle USA Inc. Re: Cell Site #878298– F2-City of Boynton Beach 2000 Corporate Drive Canonsburg, Pennsylvania 15317 Attn: Legal Department 9. Amendment Consideration. In consideration for amending the Agreement, Tenant agrees to pay Owner the amount of Eight Thousand Five Hundred and 00/100 Dollars ($8,500.00) within sixty (60) days of the full execution of this Amendment by both parties. 10. Representations, Warranties and Covenants of Owner. Owner represents, warrants and covenants to Tenant as follows: (a) The Site is owned by Owner free and clear of any right of any individual, entity or governmental authority arising under any option, right of first 42 of 451 refusal, lease, license, easement or other instrument, except for the rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements. (b) Upon Tenant’s request, Owner agrees to cure any defect in Owner’s title to the Site which in the reasonable opinion of Tenant has or may have an adverse affect on Tenant’s use or possession of the Site. (c) Owner agrees to execute such further documents and provide such further assurances as may be reasonably requested by Tenant to affect any release or cure referred to in this paragraph, to evidence the full intention of the parties, and to assure Tenant’s use, possession and quiet enjoyment of the Site under the Agreement as amended hereby. 11. IRS Form W-9. Owner agrees to provide Tenant with a completed IRS Form W- 9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by Tenant. In the event Owner’s property on which the Site is located is transferred, the succeeding owner shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rental to the new owner. Owner’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 12. Authority. Owner represents and warrants that, as of the date of this Amendment, Owner is duly authorized and has the full power, right and authority to enter into this Amendment and to perform all of the Owner’s obligations under this Amendment and the undersigned has the authority to execute and deliver this Amendment to Tenant. 13. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 14. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Amendment is hereby amended to be consistent. 15. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 16. Entire Agreement. The Agreement (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Amendment. 17. Counterparts. This Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 43 of 451 18. Recordation. Tenant and Owner agree that a copy of this Amendment (or a Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant. 19. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this Amendment) has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement (as amended by this Amendment) shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement (as amended by this Amendment) shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 20. Sovereign Immunity. Owner is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Amendment) is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement (as amended by this Amendment) , or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Owner of the limitation from liability provided to the State’s subdivisions by state law. 44 of 451 IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be duly executed as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: __________________________ By: ________________________ Office of the City Attorney 45 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Second Amendment to PCS Site Agreement was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Second Amendment to PCS Site Agreement. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 46 of 451 EXHIBIT A-1 47 of 451 EXHIBIT A-1 – CONTINUED 48 of 451 EXHIBIT A-2 TOWER PARCEL: THAT PART OF TRACT "A", ROLLING GREEN RIDGE FIRST ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST 19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17 FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,809 SQUARE FEET (0.04 ACRES), MORE OR LESS. 49 of 451 EXHIBIT A-2 - CONTINUED 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT: THAT PART OF TRACT "A", ROLLING GREEN RIDGE FIRST ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST 19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE SOUTH 66°10'27" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16 FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27" EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09" EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD (80 FOOT WIDE RIGHT-OF-WAY) AND A POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE SOUTH 39°42'09" WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 55°56'40", AND A CHORD OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 31,475 SQUARE FEET (0.72 ACRES), MORE OR LESS. 50 of 451 PREPARED OUT-OF-STATE BY: David F. Webber Singleton Cooksey PLLC Attorneys at Law 6363 Woodway, Suite 600 Houston, Texas 77057 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel No.: 08-43-45-16-01-013-0070 Cross References: File No. 01-314798, Book 12752, Page 1273 Official Public Records of Palm Beach County, Florida MEMORANDUM OF SECOND AMENDMENT TO PCS AGREEMENT THIS MEMORANDUM OF SECOND AMENDMENT TO PCS AGREEMENT (the “Memorandum”), dated as of the latter of the signature dates below (the “Effective Date”), by and between CITY OF BOYNTON BEACH (“Landlord”) having a mailing address of P.O. Box 310, Boynton Beach, Florida 33425 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Owner and Sprint entered into that certain PCS Site Agreement dated as of June 5, 2001 as modified by that certain Resolution 06-111 adopted by the Landlord on June 20, 2006 (collectively, the “Agreement”), whereby Owner conveyed a lease to Sprint for a portion of land located at 1901 N. Seacrest Boulevard, Boynton Beach, Palm Beach County, Florida 33425 (F2-City of Boynton Beach Site), together with access and utility easements thereto (“Site”), as more particularly described in the Agreement and that certain Memorandum of PCS Site Agreement recorded July 24, 2001 in File No. 01-314798, Official Records Book 12752, Pages 1273 - 1281 of the Official Public Records of Palm Beach County, Florida; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the parties entered into that certain Second Amendment to PCS Site Agreement dated as of the date hereof (the “Amendment”), in order to, among other things, extend the term of the Agreement, all upon the terms and conditions more fully set forth therein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties, intending to be bound, agreed in the Amendment as follows: 51 of 451 1. Initial Term Commencement Date. The parties ratified and affirmed in the Amendment that the commencement date for the Initial Term of the Agreement was June 5, 2001. 2. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Amendment and/or the Agreement, as applicable. 3. Legal Description of the Site; Exhibit A-1 and A-2. Exhibits A-1 and Exhibit A-2 to the Agreement were deleted in the Amendment and replaced with a new Exhibit A-1 (survey) and a new Exhibit A-2 (legal descriptions) that are attached hereto. Exhibits A-1 and Exhibit A-2 attached hereto accurately describe the Site leased by Tenant and the non-exclusive ingress and egress and utility easements thereto. 4. Renewal Term. Paragraph 2 of the Agreement was modified in the Amendment to provide for four (4) additional terms of five (5) years each (the final such Renewal Term, unless the Agreement is terminated sooner, will expire June 4, 2046), upon the terms and conditions set forth in the Agreement (as amended). 5. No Other Amendments. Except as expressly modified by the Amendment, the Agreement remains unchanged and in full force and effect. 6. Agreement Controls. This Memorandum summarizes, for purposes of the public record, certain rights granted to Tenant in the Agreement by virtue of the Amendment, and this Memorandum does not and it should not be interpreted to amend, amplify or diminish any of the terms and provisions contained in the Agreement (as amended). The parties agree and intend that the terms and provisions contained in the Agreement (as amended) shall control in the event of any conflict between any sentence contained in this Memorandum and the terms and provisions contained in the Agreement (as amended). 7. Counterparts. This Memorandum may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. 8. Recordation. Tenant and Owner agree that this Memorandum shall be recorded in the public records of Palm Beach County, Florida upon execution of this Memorandum. The cost for recordation shall be paid by Tenant. [RPLBI; EMAINDER OF AGE EFT LANK NTENTIONALLY SBFP] IGNATURE PAGES EGIN ON OLLOWING AGE 52 of 451 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum to be effective as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: ___________________________ By: ________________________ Office of the City Attorney 53 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Memorandum of Second Amendment to PCS Site Agreement was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Memorandum of Second Amendment to PCS Site Agreement. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 54 of 451 EXHIBIT A-1 55 of 451 EXHIBIT A-1 – CONTINUED 56 of 451 EXHIBIT A-2 TOWER PARCEL: THAT PART OF TRACT "A", ROLLING GREEN RIDGE FIRST ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST 19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19°23'38" WEST FOR 29.93 FEET; THENCE NORTH 70°39'21" WEST FOR 60.34 FEET; THENCE NORTH 19°58'50" EAST FOR 30.17 FEET; THENCE SOUTH 70°26'05" EAST FOR 60.04 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,809 SQUARE FEET (0.04 ACRES), MORE OR LESS. 57 of 451 EXHIBIT A-2 - CONTINUED 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT: THAT PART OF TRACT "A", ROLLING GREEN RIDGE FIRST ADDITION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGE 223, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°48'30" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 FOR 505.37 FEET TO AN FOUND NAIL LOCATED AT THE INTERSECTION OF THE CENTERLINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NORTHWEST 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE CONTINUE NORTH 87°48'30" WEST ALONG SAID NORTH LINE AND ALONG SAID CENTERLINE OF NORTHWEST 19TH AVENUE FOR 250.18 FEET TO A FOUND NAIL LOCATED AT THE INTERSECTION OF SAID CENTERLINE OF NORTHWEST 19TH AVENUE WITH THE CENTERLINE OF NORTHWEST 2ND COURT (50 FOOT WIDE RIGHT-OF-WAY); THENCE SOUTH 72°02'30" WEST FOR 481.47 FEET TO THE NORTHEASTERLY CORNER OF AN 30 FOOT X 60 FOOT TOWER PARCEL; THENCE SOUTH 19°23'38" WEST ALONG THE EASTERLY LINE OF SAID TOWER PARCEL FOR 19.90 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS, EGRESS AND UTILITY EASEMENT; THENCE SOUTH 66°10'27" EAST FOR 244.00 FEET; THENCE NORTH 68°57'54" EAST FOR 44.16 FEET; THENCE SOUTH 21°08'02" EAST FOR 74.13 FEET; THENCE SOUTH 66°10'27" EAST FOR 262.06 FEET; THENCE NORTH 84°24'38" EAST FOR 106.00 FEET; THENCE SOUTH 41°40'03" EAST FOR 51.93 FEET TO POINT "A"; THENCE NORTH 39°42'09" EAST FOR 24.08 FEET; THENCE NORTH 82°49'18" EAST FOR 287.37 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD (80 FOOT WIDE RIGHT-OF-WAY) AND A POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; THENCE RETURN TO SAID POINT "A"; THENCE SOUTH 39°42'09" WEST FOR 40.46 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 94°21'18", AND A CHORD OF 239.39 FEET THAT BEARS SOUTH 07°28'30" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE FOR 329.36 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 55°56'40", AND A CHORD OF 46.90 FEET THAT BEARS SOUTH 26°40'50" EAST, THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR 48.82 FEET TO A POINT OF TANGENCY; THENCE SOUTH 01°17'30" WEST FOR 71.48 FEET TO AN INTERSECTION WITH THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 19TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY) AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 31,475 SQUARE FEET (0.72 ACRES), MORE OR LESS. 58 of 451 6. D CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/02/12 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-105 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4) additional five-year terms, thereby extending the lease agreement 20 years to October 29, 2041; and to increase the size of the lease parcel by 100 square feet for the existing telecommunications tower at the City's Water Storage Tank (3600 Miner Road). ER: Property has been leased from the City by Sprint Spectrum XPLANATION OF EQUEST since October 30, 1996 for a telecommunications tower at the City’s Water Storage Tank (Resolution R96-83). The original lease was for five (5) years with a renewal option for four (4) additional five-year periods, extending the lease to October 29, 2021. The first lease amendment authorized assignment of the lease to Tenant Affiliate, Global Signal, Inc. (now known as Crown Castle) by Resolution 05-110 on June 21, 2005. Crown Castle, on behalf of Tenant, requests a second amendment to the lease agreement to provide for additional renewal terms beyond the original terms, which would extend the lease another 20 years to October 29, 2041; and to expand the lease area by 100 square feet. A current survey of the overall site, leased tower parcel, and associated easements (ingress/egress, utility), including detailed legal descriptions of each, are included in this amendment, replacing the exhibits from the original lease agreement. The existing ground lease area will increase from 800 to 900 square feet in size, allowing more opportunity for ground equipment and co-location on the tower. A minor site plan amendment for the increased lease area will be required prior to permitting. 59 of 451 The proposed second amendment has been reviewed by the Tower Siting Review Team, including the Utilities Department, and has been revised to the satisfaction of both parties, including the City’s legal department. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: Currently rent is paid in advance on an annual basis at the rate of the ISCAL MPACT previous renewal term plus the Consumer Price Index (CPI), however the CPI is fixed for each five-year term. In addition to extending the lease term to 2041 and increasing the lease parcel size, the proposed lease amendment adjusts the rent for the additional 100 square feet of leased area, and adds a rent escalation clause. The rent would be increased annually by five percent (5%) over the annual rent that was in effect for the previous year beginning on October 30, 2016 (at the beginning of the next five-year term). Current annual rent is $18,040.34. Following the full execution of this amendment the rent adjustment for the additional land will increase the current rent amount to $20,295.38 per year. Annual rent with the 5% increase each year would start at $21,310.15 in 2016 and would increase to $68,727.29 by the end of the lease in October, 2041. Future rent for this lease (period covering from 2016 to 2041) would generate a total of $1,017,072.00 for the City. In consideration for amending the agreement Tenant agrees to pay the City a lump sum of $8,500.00 within 60 days of full execution of the amendment by both parties. In addition, an application fee of $1,500.00 for this lease revision was paid to the City at the time of application submittal on February 16, 2012. A: Not approve (which could result in additional tower sites), or not LTERNATIVES approve the lease amendment as proposed. 60 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND STC FIVE LLC., SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P., EXTENDING THE LEASE FOR EIGHT (8) ADDITIONAL FIVE (5) YEAR TERMS FROM THE INITIAL TERM AND TO INCREASE THE SIZE OF THE LEASE PARCEL BY 100 SQUARE FEET AT 3600 MINER ROAD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sprint has leased property from the City at the City’s Water Storage Tank at 3600 Miner Road for a telecommunications tower since October 30, 1996; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to execute a Second Amendment to Lease Agreement between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P., extending the Lease for eight (8) additional five (5) year terms from the initial term and to increase the size of the lease parcel by 100 square feet at 3600 Miner Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Second Amendment to Lease Agreement for Telecommunication Tower Site between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L.P., extending the Lease for eight (8) additional five (5) year terms from the initial term and increasing the size of the lease parcel by 100 square feet at the City’s Water Storage Tank at 3600 Miner Road, a copy of the Second Amendment is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 61 of 451 PASSED AND ADOPTED this _____ day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 62 of 451 SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (this “Amendment”) dated as of the latter of the signature dates below (the “Effective Date”) by and between CITY OF BOYNTON BEACH (“Landlord”) having a mailing address of PO Box 310, Boynton Beach, Florida 33425-0310 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Landlord and Sprint entered into that certain Lease Agreement for Telecommunication Tower Site dated as of October 30, 1996, adopted by Landlord by Resolution 96-083 on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on June 12, 2012 in Clerks File No. 20120233006, Official Records Book 25262, Pages 1822-1837 of the Official Public Records of Palm Beach County, Florida; a Memorandum of which was recorded on April 24, 1997 in File No.97- 144272, Official Records Book 9760, Pages 1446-1449 of the Official Public Records of Palm Beach County, Florida; as modified by that certain Addendum to PCS Site Agreement attached thereto and evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File No. 20120311321, Official Records Book 25377, Pages 0491-0493 of the Official Public Records of Palm Beach County, Florida (collectively, the “Original Agreement”); and as clarified by that certain Agreement Regarding Ground Lease adopted by Landlord by Resolution 05-110 on June 21, 2005, and as evidenced by an Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official Records Book 25423, Pages 1778-1799 of the Official Public Records of Palm Beach County, Florida (collectively the “Agreement”), whereby Landlord conveyed a lease to Sprint for a portion of land consisting of 800 square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida 33436 (City of Boynton Beach Water Storage Site) (“Original Property”), together with access and utility easements thereto, as more particularly described in the Agreement. WHEREAS, Tenant desires to lease from Landlord, and Landlord agrees to lease to Tenant, additional land adjacent to the Original Property consisting of 100 square feet (“Additional Property”) for a total lease area of 900 square feet (the “Leased Property”) WHEREAS, the Leased Property may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an initial term and renewal terms that will expire on October 29, 2021 (the “Original Term”), and Landlord and Tenant desire to enter into this Amendment in order to amend the Agreement to, among other things, provide for additional renewal terms beyond the Original Term. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 8. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Amendment for all purposes. 9. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the other parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are not in default under the terms of the Agreement. 63 of 451 10. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 11. Initial Term Commencement Date. The parties hereby ratify and affirm that the commencement date for the Initial Term of the Agreement was October 30, 1996. 12. Additional Land; Legal Description of the Property; Exhibit A. Landlord hereby agrees to lease to Tenant the Leased Property in the location depicted on Exhibit A attached hereto. The parties hereby agree that the correct legal description for the Leased Property, and correct legal description for the non-exclusive ingress and egress and utility easements thereto, leased by Tenant are attached hereto as Exhibit A-1, Exhibit A-2, and Exhibit A-3 respectively; which exhibits are incorporated herein by reference for all purposes. Accordingly, the Agreement is hereby amended by deleting Exhibit A attached thereto and replacing it with the Exhibit A, Exhibit A-1, Exhibit A-2, and Exhibit A-3 that are attached hereto. Exhibit A, Exhibit A-1, Exhibit A-2, and Exhibit A-3 attached to this Amendment shall supersede and replace the legal descriptions that are attached to the Agreement as descriptions for the Leased Property and the ingress and egress and utility easements. 13. Paragraph 5.02 Amendment: Term. Paragraph 5.02 is hereby amended by deleting the current text and inserting the following: “Tenant shall have the option to extend this lease for eight (8) additional five (5) year terms. Such extensions shall automatically occur unless TENANT or LANDLORD gives written notice to the other party of its intention not to extend this Agreement at least six (6) months prior to the end of the current term.” The Initial Term and any extensions shall be collectively referred to herein as the “Lease Term.” The parties acknowledge that pursuant to this Amendment the Lease Term exceeds the Original Term by twenty (20) years and that, unless terminated sooner, the final extension term of the Agreement will expire on October 29, 2041. 7. Rent Adjustment. On the first day of the second full month following the full execution of this Amendment, the annual rent shall increase to $20,295.38. Following such increase, the annual rent shall continue to adjust pursuant to the terms of the Agreement, as amended herein. 21. Paragraph 16.01 Amendment: Notice. Paragraph 16.01 of the Agreement is hereby amended by deleting the address for Tenant, and inserting in lieu thereof the following: TENANT: Sprint Contracts and Performance Mailstop KSOPHT0101 – Z2650 Re: Cell Site #878215– City of Boynton Bch Water Stor 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Attn: Marion S. Crable, Manager 64 of 451 with a copy to: Global Signal Acquisitions II LLC c/o Crown Castle USA Inc. Re: Cell Site #878215– City of Boynton Bch Water Stor 2000 Corporate Drive Canonsburg, Pennsylvania 15317 Attn: Legal Department 22. Extension Term Rent. Section 6.03 of the Agreement is hereby amended by deleting the current text and inserting the following: “Effective October 30, 2016 (at the beginning of the fifth 5-year term), annual rent shall be increased annually by five percent (5%) over the annual rent that was in effect for the previous year.” 23. Amendment Consideration. In consideration for amending the Agreement, Tenant agrees to pay Landlord the amount of Eight Thousand Five Hundred and 00/100 Dollars ($8,500.00) within sixty (60) days of the full execution of this Amendment by both parties. 24. Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows: (a) The Property is owned by Landlord free and clear of any right of any individual, entity or governmental authority arising under any option, right of first refusal, lease, license, easement or other instrument, except for the rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements. (b) Upon Tenant’s request, Landlord agrees to cure any defect in Landlord’s title to the Property which in the reasonable opinion of Tenant has or may have an adverse affect on Tenant’s use or possession of the Property. (c) Landlord agrees to execute such further documents and provide such further assurances as may be reasonably requested by Tenant to affect any release or cure referred to in this paragraph, to evidence the full intention of the parties, and to assure Tenant’s use, possession and quiet enjoyment of the Property under the Agreement as amended hereby. 25. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by Tenant. In the event Landlord’s property on which the Property is located is transferred, the succeeding landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rental to the new landlord. Landlord’s failure to provide the IRS Form W- 9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 26. Authority. Landlord represents and warrants that, as of the date of this Amendment, Landlord is duly authorized and has the full power, right and authority to enter 65 of 451 into this Amendment and to perform all of the Landlord’s obligations under this Amendment and the undersigned has the authority to execute and deliver this Amendment to Tenant. 27. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 28. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Amendment is hereby amended to be consistent. 29. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 30. Entire Agreement. The Agreement (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Amendment. 31. Counterparts. This Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 32. Recordation. Tenant and Landlord agree that a copy of this Amendment (or a Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant. 33. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this Amendment) has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement (as amended by this Amendment) shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement (as amended by this Amendment) shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 34. Sovereign Immunity. Landlord is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Amendment) is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement , (as amended by this Amendment) or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Landlord of the limitation from liability provided to the State’s subdivisions by state law. IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be duly executed as of the Effective Date. 66 of 451 ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: __________________________ By: ________________________ Office of the City Attorney 67 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 68 of 451 EXHIBIT A 69 of 451 EXHIBIT A-1 TOWER PARCEL: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°30'17" WEST FOR 45.00 FEET; THENCE NORTH 88°29'43" WEST FOR 20.00 FEET; THENCE NORTH 01°30'17" EAST FOR 40.00 FEET; THENCE SOUTH 88°29'43" EAST FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 900 SQUARE FEET (0.02 ACRES), MORE OR LESS. Tax Parcel No.: 08-43-45-21-18-000-3090 70 of 451 EXHIBIT A-2 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 45 FEET TOWER PARCEL; THENCE SOUTH 01°30'17" WEST ALONG THE EAST LINE OF SAID TOWER PARCEL FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE SOUTH 88°29'43" EAST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF THE EAST LINE OF SAID TOWER PARCEL; THENCE NORTH 01°30'17" EAST ALONG SAID PARALLEL LINE FOR 121.38 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 2,628 SQUARE FEET (0.06 ACRES), MORE OR LESS. 71 of 451 EXHIBIT A-3 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 40 FEET TOWER PARCEL; THENCE CONTINUE NORTH 88°29'43" WEST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON- EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01°30'17" EAST FOR 85.49 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 855 SQUARE FEET (0.02 ACRES), MORE OR LESS. 72 of 451 PREPARED OUT-OF-STATE BY: David F. Webber Singleton Cooksey PLLC Attorneys at Law 6363 Woodway, Suite 600 Houston, Texas 77057 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel No.: 08-43-45-21-18-000-3090 Cross References: File No. 97-144272, Book 25262, Page 1822 Book 9760, Page 1446 Official Public Records of Palm Beach County, Florida MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (the “Memorandum”), dated as of the latter of the signature dates below (the “Effective Date”), by and between CITY OF BOYNTON BEACH (“Landlord”) having a mailing address of 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33425 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Landlord and Sprint entered into that certain Lease Agreement for Telecommunication Tower Site dated as of October 30, 1996, adopted by Landlord by Resolution 96-083 on June 18, 1996, and as evidenced by an Affidavit of Recording recorded on June 12, 2012 in Clerks File No. 20120233006, Official Records Book 25262, Pages 1822-1837 of the Official Public Records of Palm Beach County, Florida; a Memorandum of which was recorded on April 24, 1997 in File No.97- 144272, Official Records Book 9760, Pages1446-1449 of the Official Public Records of Palm Beach County, Florida; as modified by that certain Addendum to PCS Site Agreement attached thereto and evidenced by an Affidavit of Recording recorded on August 8, 2012 in Clerks File No. 20120311321, Official Records Book 25377, Pages 0491-0493 of the Official Public Records of Palm Beach County, Florida (collectively, the “Original Agreement”); and as clarified by that certain Agreement Regarding Ground Lease adopted by Landlord by Resolution 05-110 on June 21, 2005, and as evidenced by an Affidavit of Recording recorded on August 31, 2012 in Clerks File No. 20120344414, Official Records Book 25423, Pages 1778-1799 of the Official Public Records of Palm Beach County, Florida (collectively the “Agreement”), whereby Landlord conveyed a lease to Sprint for a portion of land consisting of 800 square feet located at 3600 Miner Road, Boynton Beach, Palm Beach County, Florida 33436 (City of Boynton Beach Water Storage Site) (“Original Property”), together with access and utility easements thereto, as more particularly described in the Agreement. WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement for Telecommunication Tower Site dated as of the date hereof (the “Amendment”), 73 of 451 in order to, among other things, (i) lease to Tenant an additional 100 square feet parcel adjacent to the Original Property for a total lease area of 900 square feet (the “Leased Property”), and (ii) extend the term of the Agreement, all upon the terms and conditions more fully set forth therein. WHEREAS, the Leased Property may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties, intending to be bound, agreed in the Amendment as follows: 1.9. Initial Term Commencement Date. The parties ratified and affirmed in the Amendment that the commencement date for the Initial Term of the Agreement was October 30, 1996. 2.10. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Amendment and/or the Agreement, as applicable. 3.11. Legal Description of the Property; Exhibit A. Exhibit A to the Agreement was deleted in the Amendment and replaced with new Exhibit A, Exhibit A-1, Exhibit A-2, and Exhibit A-3 that are attached hereto. The Exhibit A, Exhibit A-1, Exhibit A-2, and Exhibit A-3 attached hereto accurately describes the Leased Property leased by Tenant and the non- exclusive ingress and egress and utility easements thereto. 4.12. Renewal Term. Paragraph 5.02 of the Agreement was modified in the Amendment to provide for four (4) additional terms of five (5) years each (the final such Renewal Term, unless the Agreement is terminated sooner, will expire October 29, 2041), upon the terms and conditions set forth in the Agreement (as amended). Formatted: Bullets and Numbering 5.13. No Other Amendments. Except as expressly modified by the Amendment, the Agreement remains unchanged and in full force and effect. 6.14. Agreement Controls. This Memorandum summarizes, for purposes of the public record, certain rights granted to Tenant in the Agreement by virtue of the Amendment, and this Memorandum does not and it should not be interpreted to amend, amplify or diminish any of the terms and provisions contained in the Agreement (as amended). The parties agree and intend that the terms and provisions contained in the Agreement (as amended) shall control in the event of any conflict between any sentence contained in this Memorandum and the terms and provisions contained in the Agreement (as amended). 7.15. Counterparts. This Memorandum may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. 8. Recordation. Tenant and Landlord agree that a copy of this Memorandum shall be recorded in the public records of Palm Beach County, Florida upon execution of this Memorandum. The cost for recordation shall be paid by Tenant. 74 of 451 Formatted: Bullets and Numbering IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum to be effective as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: __________________________ By: ________________________ Office of the City Attorney 75 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ Date: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Memorandum of Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Memorandum of Second Amendment to Lease Agreement for Telecommunication Tower Site. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 76 of 451 EXHIBIT A 77 of 451 EXHIBIT A – CONTINUED 78 of 451 EXHIBIT A-1 TOWER PARCEL: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 01°30'17" WEST FOR 45.00 FEET; THENCE NORTH 88°29'43" WEST FOR 20.00 FEET; THENCE NORTH 01°30'17" EAST FOR 40.00 FEET; THENCE SOUTH 88°29'43" EAST FOR 20.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 900 SQUARE FEET (0.02 ACRES), MORE OR LESS. Tax Parcel No.: 08-43-45-21-18-000-3090 79 of 451 EXHIBIT A-2 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 10 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 45 FEET TOWER PARCEL; THENCE SOUTH 01°30'17" WEST ALONG THE EAST LINE OF SAID TOWER PARCEL FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT; THENCE SOUTH 88°29'43" EAST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10 FEET EAST OF THE EAST LINE OF SAID TOWER PARCEL; THENCE NORTH 01°30'17" EAST ALONG SAID PARALLEL LINE FOR 121.38 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 2,628 SQUARE FEET (0.06 ACRES), MORE OR LESS. 80 of 451 EXHIBIT A-3 10 FOOT WIDE NON-EXCLUSIVE UTILITY EASEMENT: THAT PART OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING WITHIN 5 FEET OF BOTH SIDES OF A CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 1/2" IRON ROD AND CAP STAMPED "LB 3712", LOCATED AT THE NORTHWEST CORNER OF LOT 18, BLOCK 1, MELEAR, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 86, PAGE 145, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING 27 FEET SOUTHERLY, AND 25 FEET EASTERLY OF THE NORTHEASTERLY CORNER OF THE "CITY OF BOYNTON BEACH" PARCEL, AS PER DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 4171, PAGE 164 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°30'17" WEST ALONG THE WEST LINE OF LOTS 22 AND 23 OF SAID BLOCK 1, AND ALONG A LINE PARALLEL WITH AND OFFSET 25 FEET EASTERLY OF THE EASTERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL FOR 62.49 FEET; THENCE NORTH 89°29'43" WEST FOR 63.11 FEET TO THE NORTHEAST CORNER OF AN 20 FEET BY 40 FEET TOWER PARCEL; THENCE CONTINUE NORTH 88°29'43" WEST ALONG THE NORTH LINE OF SAID TOWER PARCEL FOR 5.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 10 FOOT WIDE NON- EXCLUSIVE UTILITY EASEMENT; THENCE NORTH 01°30'17" EAST FOR 85.49 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF SAID "CITY OF BOYNTON BEACH" PARCEL AND THE SOUTH RIGHT-OF-WAY LINE OF MINER ROAD, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 855 SQUARE FEET (0.02 ACRES), MORE OR LESS. 81 of 451 6. E CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/02/12 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-106 - EQUESTED CTION BY ITY OMMISSION Approve and authorize execution of a second amendment to the lease agreement for telecommunication tower site with STC FIVE, LLC ("Sprint" or "Tenant") to allow four (4) additional five-year terms, thereby extending the lease agreement 20 years to October 29, 2041 th for the existing telecommunications tower at the Public Works Compound (222 NE 9 Avenue) ER: Property has been leased from the City by Sprint since April XPLANATION OF EQUEST 15, 1997 for a telecommunications tower at the Public Works Compound (Resolution R96-81). The original lease was for five (5) years with a renewal option for four (4) additional five-year periods, extending the lease to October 29, 2021. The first lease amendment authorized an increase in the size of the lease parcel by an additional 495 square feet. Crown Castle, on behalf of Tenant, requests a second amendment to the lease agreement to provide for additional renewal terms beyond the original terms, which would extend the lease another 20 years to October 29, 2041. A current survey of the overall site, leased tower parcel, and associated easements (ingress/egress, utility), including detailed legal descriptions of each, are included in this amendment. The existing ground lease area of 1,730 square feet will not increase in size. The proposed second amendment has been reviewed by the Tower Siting Review Team, including the Public Works Department, and has been revised to the satisfaction of both parties, including the City’s legal department. 82 of 451 H? The Public Works compound is in a OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES residential area in the Heart of Boynton Redevelopment Area, and the City may possibly relocate the public works facility in the future in connection with redevelopment activity involving the sale of the property. Section 7 of the original lease provides standard language for termination of the lease by the Tenant, allowing Sprint to end the lease agreement with a six (6) month notice to the City. The proposed amendment also allows the City to end the lease agreement with a six (6) month notice to Sprint. Section 17 of the original lease includes provisions that facilitate termination of the agreement in connection with the ultimate sale and redevelopment of the property. Legal staff has determined that this existing language in Section 17 sufficiently addresses the redevelopment scenario. The provisions of Section 17 of the original lease regarding any possible future sale of the property by the City remain unchanged by the amendment. FI: Currently rent is paid in advance on an annual basis at the rate of the ISCAL MPACT previous renewal term plus the Consumer Price Index (CPI), however the CPI is fixed for each five-year term. In addition to extending the lease term to 2041, the proposed lease amendment adds a rent escalation clause. The rent would be increased annually by five percent (5%) over the annual rent that was in effect for the previous year beginning on October 30, 2016 (at the beginning of the next five-year term). Current annual rent for this lease is $18,040.34. Annual rent with the 5% increase each year would start at $18,942.36 in 2016 and would increase to $61,090.99 by the end of the lease in October, 2041. Future rent for this lease (period covering from 2016 to 2041) would generate a total of $976,225.10 for the City. In consideration for amending the agreement Tenant agrees to pay the City a lump sum of $8,500 within 60 days of full execution of the amendment by both parties. In addition, an application fee of $1,500.00 for this lease revision was paid to the City at the time of application submittal on October 9, 2011. A: Not approve (which could result in additional tower sites), or not LTERNATIVES approve the lease amendment as proposed. 83 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND STC FIVE LLC., SUCCESSOR IN INTEREST TO SPRINT SPECTRUM L.P., EXTENDING THE LEASE FOR EIGHT (8) ADDITIONAL FIVE (5) YEAR TERMS FROM THE INITIAL TH TERM AT 229 N.E. 9 AVENUE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sprint has leased property from the City at the Public Works Compound for a telecommunications tower since April 15, 1997; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to execute a Second Amendment to Lease Agreement between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L. P., extending th the Lease for eight (8) additional five (5) year terms from the initial term at 229 N.E. 9 Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Second Amendment to Lease Agreement for Telecommunication Tower Site between the City of Boynton Beach and STC FIVE LLC., successor in interest to Sprint Spectrum L.P., extending the Lease for eight (8) additional five (5) year terms from the initial term, a copy of the Second Amendment is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ 84 of 451 Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman _______________________________ Commissioner – Marlene Ross ATTEST: _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 85 of 451 SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (this “Second Amendment”) dated as of the latter of the signature dates below (the “Effective Date”) by and between CITY OF BOYNTON BEACH (“Landlord”) having a mailing address of PO Box 310, Boynton Beach, Florida 33425- 0310 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Landlord and Sprint entered into that certain Lease Agreement for Telecommunication Tower Site dated August 13, 1996; as modified by that certain Addendum to PCS Site Agreement attached thereto and as further modified by that certain Resolution R01-294 adopted by the Landlord on November 6, 2001(collectively, the “Original Agreement”), whereby Landlord conveyed a th lease to Sprint for a portion of land located at 222 N.E. 9 Avenue, Boynton Beach, Palm Beach County, Florida 33435 (Boynton Public Works Compound Site) consisting of 1235 square feet, together with access and utility easements thereto, as more particularly described in the Original Agreement and that certain Memorandum of PCS Site Agreement recorded April 24, 1997 in File No. 97-144274, Official Records Book 9760, Pages 1454-1457 of the Official Public Records of Palm Beach County, Florida; and WHEREAS, the Original Agreement was amended by that certain First Amendment to Lease Agreement for Telecommunication Tower (“First Amendment”) dated November 6, 2001 and recorded in Clerks File No. 20120233007, Official Records Book 25262, Page 1838 of the Official Public Records of Palm Beach County, Florida by and between Landlord and Sprint to, among other things, lease to Tenant an additional portion of land consisting of 495 square feet for a total lease area of 1730 square feet (collectively, the “Property”) (the Original Agreement and the First Amendment shall be collectively referred to herein as the “Agreement”); and WHEREAS, the Property may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an initial term and renewal terms that will expire on October 29, 2021 (the “Original Term”), and Landlord and Tenant desire to enter into this Second Amendment in order to amend the Agreement to, among other things, provide for additional renewal terms beyond the Original Term. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 1.14. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Second Amendment for all purposes. 2.15. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the other parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the other parties are not in default under the terms of the Agreement. 3.16. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 86 of 451 Formatted: Bullets and Numbering 4.17. Initial Term Commencement Date. The parties hereby ratify and affirm that the commencement date for the Initial Term of the Agreement was October 30, 1996. 5.18. Legal Description of the Property; Exhibit A. The parties hereby agree that the correct legal description for the Property and correct legal description for the non- exclusive ingress and egress easement is attached hereto as Exhibit A; which exhibit is incorporated herein by reference for all purposes. Accordingly, the Agreement is hereby Formatted: Bullets and Numbering amended by deleting Exhibit A (as modified by Exhibits A and B in the First Amendment) attached thereto and replacing it with the corresponding exhibit that is attached hereto. Exhibit A attached to this Second Amendment shall supersede and replace the legal descriptions that are attached to the Agreement as descriptions for the Property and the ingress and egress easement. 6.19. Paragraph 5.02 Amendment: Term. Paragraph 5.02 is hereby amended by deleting the current text and inserting the following: “Tenant shall have the option to extend this lease for eight (8) additional five (5) year terms. Such extensions shall automatically occur unless TENANT or LANDLORD gives written notice to the other party of its intention not to extend this Agreement at least six (6) months prior to the end of the current term.” The Initial Term and any extensions shall be collectively referred to herein as the “Lease Term.” The parties acknowledge that pursuant to this Second Amendment the Lease Term exceeds the Original Term by twenty (20) years and that, unless terminated sooner, the final extension term of the Agreement will expire on October 29, 2041. 7.20. Paragraph 16.01 Amendment: Notice. Paragraph 16.01 of the Agreement is hereby amended by deleting the address for Tenant, and inserting in lieu thereof the following: TENANT: Sprint Contracts and Performance Mailstop KSOPHT0101 – Z2650 Formatted: Bullets and Numbering Re: Cell Site #878211– Boynton Public Works Compound 6391 Sprint Parkway Overland Park, Kansas 66251-2650 Attn: Marion S. Crable, Manager with a copy to: Global Signal Acquisitions II LLC c/o Crown Castle USA Inc. Re: Cell Site #878211– Boynton Public Works Compound 2000 Corporate Drive Canonsburg, Pennsylvania 15317 Attn: Legal Department 8.21. Extension Term Rent. The Agreement is hereby amended by adding a new paragraph which shall read as follows: “5.04 Effective October 30, 2016 (at the beginning of the fifth 5-year term), annual rent shall be increased annually by five percent (5%) over the annual rent that was in effect for the previous year.” 87 of 451 Formatted: Bullets and Numbering Formatted: Bullets and Numbering 9.22. Amendment Consideration. In consideration for amending the Agreement, Formatted: Bullets and Numbering Tenant agrees to pay Landlord the amount of Eight Thousand Five Hundred and 00/100 Dollars ($8,500.00) within sixty (60) days of the full execution of this Second Amendment by both parties. 10.23. Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows: (a) The Property is owned by Landlord free and clear of any right of any individual, entity or governmental authority arising under any option, right of first refusal, lease, license, easement or other instrument, except for the rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements. Formatted: Bullets and Numbering (b) Upon Tenant’s request, Landlord agrees to cure any defect in Landlord’s title to the Property which in the reasonable opinion of Tenant has or may have an adverse affect on Tenant’s use or possession of the Property. (c) Landlord agrees to execute such further documents and provide such further assurances as may be reasonably requested by Tenant to affect any release or cure referred to in this paragraph, to evidence the full intention of the parties, and to assure Tenant’s use, possession and quiet enjoyment of the Property under the Agreement as amended hereby. 11.24. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested by Tenant. In the event Landlord’s property on which the Property is located is transferred, the succeeding landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rental to the new landlord. Landlord’s failure to provide the IRS Form W-9 within thirty (30) days after Tenant’s request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 12.25. Authority. Landlord represents and warrants that, as of the date of this Second Amendment, Landlord is duly authorized and has the full power, right and authority to enter into this Second Amendment and to perform all of the Landlord’s obligations under this Second Amendment and the undersigned has the authority to execute and deliver this Second Amendment to Tenant. 13.26. Construction of Documents. Each party hereto acknowledges that this Second Amendment shall not be construed in favor of or against the drafter hereof. 14.27. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Second Amendment is hereby amended to be consistent. 88 of 451 Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering 15.28. Headings. The headings contained in this Second Amendment are for reference purposes only and shall not modify or affect this Second Amendment in any manner whatsoever. 16.29. Entire Agreement. The Agreement (as amended by this Second Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Second Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral Formatted: Bullets and Numbering agreements or discussions of or on behalf of the parties to this Second Amendment. 17.30. Counterparts. This Second Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 18.31. Recordation. Tenant and Landlord agree that a copy of this Second Amendment (or a Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant. 19. Governing Law, Jurisdiction and Venue. The Agreement (as amended by this Second Amendment) has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. The Agreement (as amended by this Second Amendment) shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement (as amended by this Second Amendment) shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. Formatted: Bullets and Numbering 20. Sovereign Immunity. Landlord is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement (as amended by this Second Amendment) is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement (as amended by this Second Amendment), or any disagreement or dispute concerning it, shall be construed or resolved so as to insure Landlord of the limitation from liability provided to the State’s subdivisions by state law. IN WITNESS WHEREOF, the undersigned parties have caused this Second Formatted: Bullets and Numbering Amendment to be duly executed as of the Effective Date. 89 of 451 ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: ________________, 2012 By: ________________________ Office of the City Attorney 90 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Second Amendment to Lease Agreement for Telecommunication Tower Site. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 91 of 451 EXHIBIT A TOWER PARCEL: THAT PART OF LOTS 2 AND 3, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT-OF-WAY) SAID POINT BEING LOCATED SOUTH 89°57'13" WEST, A DISTANCE OF 182.04 FEET FROM A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE 1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE OF NE 7TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 32°30'41" EAST FOR 203.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°54'40" EAST FOR 40.50 FEET; THENCE NORTH 00°30'13" WEST FOR 16.50 FEET; THENCE SOUTH 89°46'34" EAST FOR 30.00 FEET; THENCE SOUTH 00°30'13" EAST FOR 57.00 FEET; THENCE NORTH 89°46'34" WEST FOR 31.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,730 SQUARE FEET (0.04 ACRES), MORE OR LESS. 92 of 451 EXHIBIT A - CONTINUED 20-FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF LOTS 2-7, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 63, AND LOTS 121 AND 136, ARDEN PARK, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96, AND THE VACATED RIGHT-OF-WAY OF ORANGE STREET, AS PER THE DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 2312, PAGE 959, ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT-OF-WAY) SAID POINT BEING LOCATED SOUTH 89°57'13" WEST, A DISTANCE OF 182.04 FEET FROM A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE 1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE OF NE 7TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 32°30'41" EAST FOR 203.05 FEET TO THE SOUTHWEST CORNER OF A TOWER PARCEL; THENCE NORTH 00°54'40" EAST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 15.03 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE INGRESS AND EGRESS EASEMENT; THENCE NORTH 89°0520" WEST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10.00 FEET WEST OF SAID WEST LINE; THENCE NORTH 00°54'40" EAST ALONG SAID PARALLEL LINE FOR 25.35 FEET; THENCE NORTH 00°30'13" WEST ALONG SAID PARALLEL LINE FOR 39.91 FEET; THENCE NORTH 89°56'33" EAST FOR 263.43 FEET; THENCE NORTH 01°02'00" WEST FOR 245.54 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NE 9TH AVENUE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 11,690 SQUARE FEET, MORE OR LESS. 93 of 451 EXHIBIT A – CONTINUED 94 of 451 PREPARED OUT-OF-STATE BY: David F. Webber Singleton Cooksey PLLC Attorneys at Law 6363 Woodway, Suite 600 Houston, Texas 77057 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Crown Castle 1220 Augusta, Suite 500 Houston, Texas 77057 Tax Parcel No.: 08-43-45-21-18-000-1210 Cross References: File No. 97-144274, Book 9760, Page 1454 Official Public Records of Palm Beach County, Florida MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS MEMORANDUM OF SECOND AMENDMENT TO LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE (the “Memorandum”), dated as of the latter of the signature dates below (the “Effective Date”), by and between CITY OF BOYNTON BEACH (“Landlord”) having a mailing address of 100 E. Boynton Beach Blvd., Boynton Beach, Florida 33425 and STC FIVE LLC, a Delaware limited liability company (“Tenant”), successor in interest to Sprint Spectrum L.P., a Delaware limited partnership (“Sprint”), by Global Signal Acquisitions II LLC, a Delaware limited liability company, its attorney-in-fact. W I T N E S S E T H: WHEREAS, Landlord and Sprint entered into that certain Lease Agreement for Telecommunication Tower Site dated August 13, 1996; as modified by that certain Addendum to PCS Site Agreement attached thereto and as further modified by that certain Resolution R01-294 adopted by the Landlord on November 6, 2001 (collectively, the “Original Agreement”), whereby Landlord conveyed a th lease to Sprint for a portion of land located at 222 N.E. 9 Avenue in Boynton Beach, Palm Beach County, Florida 33435 (Boynton Public Works Compound Site)together with access and utility easements thereto (“Property”), as more particularly described in the Original Agreement and that certain Memorandum of PCS Site Agreement recorded April 24, 1997 in File No. 97-144274, Official Records Book 9760, Page 1454-1457 of the Official Public Records of Palm Beach County, Florida; and WHEREAS, the Original Agreement was amended by that certain First Amendment to Lease Agreement for Telecommunication Tower (“First Amendment”) dated November 6, 2001 and recorded in Clerks File No. 20120233007, Official Records Book 25262, Page 1838 of the Official Public Records of Palm Beach County, Florida by and between Landlord and Sprint to, among other things, lease to Tenant an additional portion of land consisting of 495 square feet for a total lease area of 1730 square feet (collectively, the “Property”) (the Original Agreement and the First Amendment shall be collectively referred to herein as the “Agreement”); and WHEREAS, the Property may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and 95 of 451 WHEREAS, the parties entered into that certain Second Amendment to Lease Agreement for Telecommunication Tower Site dated as of the date hereof (the “Second Amendment”), in order to, among other things, extend the term of the Agreement, all upon the terms and conditions more fully set forth therein. NOW THEREFORE, for the mutual covenants and premises herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the undersigned parties, intending to be bound, agreed in the Second Amendment as follows: 16. Initial Term Commencement Date. The parties ratified and affirmed in the Second Amendment that the commencement date for the Initial Term of the Agreement was October 30, 1996. 17. Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Second Amendment and/or the Agreement, as applicable. 18. Legal Description of the Property; Exhibit A. Exhibit A to the Agreement was deleted in the Second Amendment and replaced with a new Exhibit A that is attached hereto. The Exhibit A attached hereto accurately describes the Property leased by Tenant and the non- exclusive ingress and egress easement thereto. 19. Renewal Term. Paragraph 5.02 of the Agreement was modified in the Second Amendment to provide for four (4) additional terms of five (5) years each (the final such Renewal Term, unless the Agreement is terminated sooner, will expire October 29, 2041), upon the terms and conditions set forth in the Agreement (as amended). 20. No Other Amendments. Except as expressly modified by the Second Amendment, the Agreement remains unchanged and in full force and effect. 21. Agreement Controls. This Memorandum summarizes, for purposes of the public record, certain rights granted to Tenant in the Agreement by virtue of the Second Amendment, and this Memorandum does not and it should not be interpreted to amend, amplify or diminish any of the terms and provisions contained in the Agreement (as amended). The parties agree and intend that the terms and provisions contained in the Agreement (as amended) shall control in the event of any conflict between any sentence contained in this Memorandum and the terms and provisions contained in the Agreement (as amended). 22. Counterparts. This Memorandum may be executed in counterparts, all of which together shall constitute one agreement binding on all the parties hereto, notwithstanding that all such parties are not signatories to the original or same counterpart. 23. Recordation. Tenant, at its cost and expense, shall have the right to record this Memorandum in the public records of Palm Beach County, Florida, upon the terms and conditions set forth in the Second Amendment. [RPLBI; EMAINDER OF AGE EFT LANK NTENTIONALLY SBFP] IGNATURE PAGES EGIN ON OLLOWING AGE 96 of 451 IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum to be effective as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH By: ________________________ _______________, City Clerk By: ___________________________ _________________, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Date: _________________, 2012 By: ________________________ Office of the City Attorney 97 of 451 WITNESSES: STC FIVE LLC, a Delaware limited liability company By: GLOBAL SIGNAL ACQUISITIONS II LLC, a Delaware limited liability company Print Name:________________________ its Attorney-in-Fact By: ____________________________ Print Name:________________________ Name: __________________________ Title: ___________________________ THE STATE OF ______________ § § COUNTY OF § The foregoing Memorandum of Second Amendment to Lease Agreement for Telecommunication Tower Site was acknowledged before me this ____ day of ____________, 2012, by _______________, ____________________ of Global Signal Acquisitions II LLC, a Delaware limited liability company, the Attorney-in-Fact of STC FIVE LLC, a Delaware limited liability company, for and on behalf of said entity and for the purposes, intents and consideration stated in the foregoing Memorandum of Second Amendment to Lease Agreement for Telecommunication Tower Site. He/She is personally known to me or has produced _________________________ as identification. In Witness Whereof, I have hereunto signed this acknowledgment with said appearer and said witnesses, on the date set forth above. Signature of Notary Public Printed Name of Notary Public: My Commission Expires: [Seal] 98 of 451 EXHIBIT A TOWER PARCEL: THAT PART OF LOTS 2 AND 3, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 63 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT-OF-WAY) SAID POINT BEING LOCATED SOUTH 89°57'13" WEST, A DISTANCE OF 182.04 FEET FROM A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE 1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE OF NE 7TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 32°30'41" EAST FOR 203.05 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°54'40" EAST FOR 40.50 FEET; THENCE NORTH 00°30'13" WEST FOR 16.50 FEET; THENCE SOUTH 89°46'34" EAST FOR 30.00 FEET; THENCE SOUTH 00°30'13" EAST FOR 57.00 FEET; THENCE NORTH 89°46'34" WEST FOR 31.00 FEET TO SAID POINT OF BEGINNING. CONTAINING 1,730 SQUARE FEET (0.04 ACRES), MORE OR LESS. 99 of 451 EXHIBIT A - CONTINUED 20-FOOT WIDE NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT: THAT PART OF LOTS 2-7, BLOCK 1, CONGRESS GROVE, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 63, AND LOTS 121 AND 136, ARDEN PARK, AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 96, AND THE VACATED RIGHT-OF-WAY OF ORANGE STREET, AS PER THE DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 2312, PAGE 959, ALL IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SITUATED IN THE NE 1/4 OF THE SE 1/4 OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND NAIL AND DISK AT THE POINT OF INTERSECTION OF THE CENTERLINE OF NE 1ST STREET (50 FOOT WIDE RIGHT-OF-WAY) WITH THE CENTERLINE OF NE 6TH AVENUE (40 FOOT WIDE RIGHT-OF-WAY) SAID POINT BEING LOCATED SOUTH 89°57'13" WEST, A DISTANCE OF 182.04 FEET FROM A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF THE CENTERLINE OF SAID NE 6TH AVENUE WITH THE CENTERLINE OF NE 2ND STREET (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 01°21'11" WEST ALONG SAID CENTERLINE OF NE 1ST STREET FOR 168.61 FEET TO A FOUND 1/2" IRON ROD AT THE POINT OF INTERSECTION OF SAID CENTERLINE OF NE 1ST STREET WITH THE CENTERLINE OF NE 7TH AVENUE (50 FOOT WIDE RIGHT-OF-WAY); THENCE NORTH 32°30'41" EAST FOR 203.05 FEET TO THE SOUTHWEST CORNER OF A TOWER PARCEL; THENCE NORTH 00°54'40" EAST ALONG THE WEST LINE OF SAID TOWER PARCEL FOR 15.03 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE HEREIN DESCRIBED 20 FOOT WIDE INGRESS AND EGRESS EASEMENT; THENCE NORTH 89°0520" WEST FOR 10.00 FEET TO AN INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND OFFSET 10.00 FEET WEST OF SAID WEST LINE; THENCE NORTH 00°54'40" EAST ALONG SAID PARALLEL LINE FOR 25.35 FEET; THENCE NORTH 00°30'13" WEST ALONG SAID PARALLEL LINE FOR 39.91 FEET; THENCE NORTH 89°56'33" EAST FOR 263.43 FEET; THENCE NORTH 01°02'00" WEST FOR 245.54 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF NE 9TH AVENUE AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CONTAINING 11,690 SQUARE FEET, MORE OR LESS. 100 of 451 EXHIBIT A – CONTINUED 101 of 451 6. F CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-107 - EQUESTED CTION BY ITY OMMISSION Approve piggyback of Charlotte County Bid No. 2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing. The bid term is from October 1, 2012 to September 30, 2013, the second of two one-year renewals per Charlotte County bid documents. This bid will be utilized for the procurement of liquid polyphosphate at the estimated annual expenditure of $50,000 BIDTERM:O1,2012THROUGHS30,2013 CTOBER EPTEMBER ER: Polyphosphate corrosion inhibitor is used at both water XPLANATION OF EQUEST treatment plants for stabilizing the water in the distribution system. In doing so, pipe interiors are protected from the buildup of scale as well as well corrosion. The current bid term expires on September 30, 2012. Charlotte County complied with Public Bid requirements equal to or exceeding the City of Boynton Beach requirements. H? Little or no polyphosphate usage OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES would pose great risks to the City’s water distribution infrastructure as the potential for scaling and/or corrosion of pipes would dramatically increase. In addition our Health Department mandated water quality parameters require a minimum level of orthophosphate in the water at all times. FI: Funds are budgeted in account: 401-2811-536-52-35. Recent fiscal ISCAL MPACT expenditure is as follows:  FY 09/10 - $68,519 102 of 451  FY 10/11 - $47,503  FY 11/12 - $43,228 to date A: The City of Boynton Beach could issue its own bid for the purchase of LTERNATIVES polyphosphate. 103 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE “PIGGY-BACK” OF A CHARLOTTE COUNTY, FLORIDA BID #2010000286 WITH SHANNON CHEMICAL CORPORATION, FOR THE PROCUREMENT OF LIQUID PHOSPHATE AT THE ESTIMATED ANNUAL EXPENDITURE OF $50,000 FOR THE PERIOD OF OCTOBER 1, 2012 TO SEPTEMBER 30, 2013; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that Charlotte County, Florida has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to “piggy-back” a Charlotte County, Florida Bid #2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid phosphate for an estimated annual expenditure of $50,000 for the period of October 1, 2012 to September 30, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the “piggy-back” of a Charlotte County, Florida Bid #2010000286 with Shannon Chemical Corporation with the same terms, conditions, specifications and pricing for the provision of liquid phosphate for an estimated annual expenditure of $50,000 for the period of October 1, 2012 to September 30, 2013. Section 3. That this Resolution shall become effective immediately. 104 of 451 PASSED AND ADOPTED this ______ day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Woodrow L. Hay ___________________________________ Vice Mayor – Mack McCray ___________________________________ Commissioner – ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 105 of 451 August 20, 2012 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33437 Attention: Julie Alibrandi Subject: Charlotte County Contract Dear Julie, I am in receipt of your e-mail correspondence referencing the above subject matter. SCC will extend the same terms and conditions of the Charlotte HANNON HEMICAL ORPORATION County bid and contract to the City of Boynton Beach for a term of one year. Pricing will be extended to both the East and West plants. Respectfully, Daniel C. Flynn SCC HANNON HEMICAL ORPORATION 106 of 451 107 of 451 108 of 451 109 of 451 110 of 451 111 of 451 112 of 451 113 of 451 114 of 451 115 of 451 116 of 451 117 of 451 118 of 451 119 of 451 120 of 451 121 of 451 122 of 451 123 of 451 124 of 451 125 of 451 126 of 451 127 of 451 128 of 451 129 of 451 130 of 451 131 of 451 132 of 451 133 of 451 134 of 451 135 of 451 136 of 451 137 of 451 138 of 451 139 of 451 140 of 451 6. G CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve full release of surety for the project known EQUESTED CTION BY ITY OMMISSION as Mariner Health of Boynton Beach and authorize refunding the $65,516.00 cash bond for the water and sewer utilities to Mariner Health. ER: This project involved the construction of new water and XPLANATION OF EQUEST sewer utilities to serve Mariner Health of Boynton Beach. All lines have been installed and have performed adequately. New utilities easements have been dedicated and recorded. The cash bond in the amount of $65,516.00 should be returned to: Ms. Kim Pennock Mariner Health 1 Ravina Drive #1500 Atlanta, GA 30346 H? None. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None. ISCAL MPACT A: None. LTERNATIVES 141 of 451 142 of 451 143 of 451 144 of 451 145 of 451 146 of 451 6. H CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Special City EQUESTED CTION BY ITY OMMISSION Commission meeting held on September 13, 2012 and the regular City Commission meeting held on September 18, 2012 The City Commission met on September 13, 2012 and September 18, 2012 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 147 of 451 148 of 451 149 of 451 150 of 451 151 of 451 152 of 451 153 of 451 154 of 451 155 of 451 156 of 451 157 of 451 158 of 451 159 of 451 160 of 451 161 of 451 162 of 451 163 of 451 164 of 451 165 of 451 166 of 451 167 of 451 168 of 451 169 of 451 6. I CONSENT AGENDA October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the resignation of Vinola Rada, a regular EQUESTED CTION BY ITY OMMISSION member of the Special Events Ad Hoc Advisory Committee ER: Vinola Rada has submitted her resignation as a regular XPLANATION OF EQUEST member of the Special Events Ad Hoc Advisory Committee. H? The Special Events Ad Hoc OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES Advisory Committee will have a vacant position. FI: None ISCAL MPACT A: None LTERNATIVES 170 of 451 171 of 451 7. A BIDS AND PURCHASES OVER $100,000 October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-108 - EQUESTED CTION BY ITY OMMISSION Approve "piggyback" of the City of Cape Coral Bid #: ITB-UT12-32/CH with Shrieve Chemical Company (Shrieve) with the same terms, conditions, specifications and pricing. This contract will be utilized for the procurement of sulfuric acid at an estimated annual expenditure of $165,000 BIDTERM:SEPTEMBER9,2012THROUGHSEPTEMBER8,2015 ER: The City of Boynton Beach’s West Water Treatment Plant XPLANATION OF EQUEST (WWTP) utilizes membrane filtration technology to remove hardness causing minerals 2+2+ (Ca, Mg) from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale (calcium carbonate – CaCO) on the surface of the membrane 3 units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Thus, sulfuric acid is used to lower the pH of the feed water to prevent this from occurring during the treatment process. In October 2009, Commission authorized the purchase of a proprietary anti-scalant from Nalco Company to reduce the use of sulfuric acid. This anti-scalant is currently in use and we have achieved a 40% reduction in sulfuric acid usage thus far. The goal is to reduce acid usage by 70% in the future. The City of Cape Coral Bid, opened June 13, 2012, complied with Public Contract Bid requirements equal to or exceeding the City of Boynton Beach requirements. H? The buildup of scale on the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES membranes will decrease the WWTP production and potentially damage the membranes. Thus, the prevention of this occurrence will protect membrane life and ensure continued good water production and quality for home and industrial consumers. 172 of 451 FI: Funds are available in account 401-2811-536-52-35. ISCAL MPACT Recent fiscal year expenditure has been:  FY 08/09 - $374,579  FY 09/10 - $227,902  FY 10/11 - $160,351  FY 11/12 - $129,707 to date Note that sulfuric acid prices are closely linked to the price of oil and fluctuates with it as a result. A: Alternatives include: LTERNATIVES 1. Do nothing – this would result in scaling of the membrane units which would reduce plant throughput and eventually require the replacement of the membranes for continued plant operation. 2. City of Boynton Beach could issue its own bid although we receive reduced pricing as a result of the greater purchasing power of the City of Cape Coral. 173 of 451 RESOLUTION NO. R12- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY-BACK OF A CITY OF CAPE CORAL BID #ITB-UT12-32/CH WITH SHRIEVE CHEMICAL COMPANY FOR THE PROVISION OF SULFURIC ACID FOR AN ESTIMATED ANNUAL EXPENDITURE OF $165,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the City of Cape Coral has complied with Public Contract Bid requirements which equal or exceed the City of Boynton Beach’s requirements; and WHEREAS, upon recommendation of staff, it is the City’s desire to piggy-back a City of Cape Coral Bid #ITB-UT12-32/CH with Shrieve Chemical Company for the provision of sulfuric acid in an estimated annual expenditure of $165,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy-back of a City of Cape Coral Bid #ITB-UT12-32/CH with Shrieve Chemical Company for the provision of Sulfuric Acid in an estimated annual expenditure of $165,000. Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this ______ day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Woodrow L. Hay 174 of 451 ___________________________________ Vice Mayor – Mack McCray ___________________________________ Commissioner – ___________________________________ Commissioner – Steven Holzman ___________________________________ Commissioner – Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 175 of 451 176 of 451 177 of 451 178 of 451 179 of 451 180 of 451 181 of 451 8. A CODE COMPLIANCE & LEGAL SETTLEMENTS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the negotiated settlement for $10,000 in EQUESTED CTION BY ITY OMMISSION the case of Bernard Castor v. City of Boynton Beach. ER: XPLANATION OF EQUEST Defense Counsel: None Plaintiff Counsel: Law Office of Max Rudmann, P.A. Incident: Motor vehicle accident on August 19, 2010, at Via De Casas Norte. City vehicle making left turn to travel east while plaintiff vehicle travelling west. Front left of City vehicle struck front left of plaintiff vehicle. Plaintiff suffered injuries to left wrist, left ankle, lower back, and herniation. Current medicals are in excess of $30,000. H? Recommendations for settlements OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES of claims of this nature are part of the ongoing responsibilities of the Risk management Department. FI: Settlement of $10,000 will be charged to the Risk Management budget ISCAL MPACT expense line item 522-1710-519-49.21, Self-Insured Losses, for third party automobile liability self-insured losses. A: Failure to approve settlement will result in claim being litigated. Value LTERNATIVES of this case at trial is estimated at $75,000. Defense trial legal costs are estimated at $15,000. 182 of 451 The City of Boynton Beach, Florida RISK MANAGEMENT DEPARTMENT COMMISSION AGENDA MEMORANDUM TO: Lori LaVerierre Interim City Manager THRU: Carisse Lejeune Interim Assistant City Manager FROM: Charles J. Magazine Risk Manager DATE: October 2, 2012 SUBJECT: Bernard Castor v. City of Boynton Beach Date of Loss: August 19, 2010 X Settlement __ Judgement Risk Management recommends the City Commission ratify the: in the above stated manner. RESERVES : Indemnity: $ 75,000 Expenses: $ 20,000 Demand : Original: $ 65,000 Final: $ 12,000 Offer : Original: $ 5,000 Final: $ 10,000 SETTLEMENT: $ 10,000 X This settlement is the compromise of a claim for damages. Payment by the City is not to be construed, in NOTE: any way, as an admission of liability or responsibility for any damages or injuries resulting therefrom. Current Adjustment FeesCurrent Legal Fees: : $ 1,657 -0- IF NOT SETTLED Projected Legal FeesProjected Jury Verdict : $ 15,000 : $75,000 JUDGEMENT:$ - __ Current Adjustment Fees:Current Legal Fees: $ - $ - CASE NARRATIVE: Motor vehicle accident on August 19, 2010, at Via De Casas Norte. City vehicle making left turn to travel east while plaintiff vehicle travelling west. Front left of City vehicle struck front left of plaintiff vehicle. Plaintiff suffered injuries to left wrist, left ankle, lower back, and herniation. Current medicals are in excess of $30,000. Cjm/Claimaut/CastorB02 10-2-12.doc 183 of 451 10. A CITY MANAGER’S REPORT October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-109 - EQUESTED CTION BY ITY OMMISSION Approve (1) authorizing the Community Redevelopment Agency to issue its Tax Increment Revenue Bonds, Series 2012 in a principal amount not to exceed $17,000,000 in order to refinance its Tax Increment Revenue Bonds, Series 2005A, and Series 2004 maturing after 2014, (2) authorizing the City to guaranty the repayment of the bonds when they become due and (3) authorizing the Interim City Manager to execute the Guaranty Agreement. ER: Under the CRA statutes, the CRA cannot incur debt (to XPLANATION OF EQUEST include this refunding debt) without (a) City Commission approval and (b) Notice to taxing authorities disclosing the proposed debt issuance. The Notice has been appropriately given and this action requests City Commission approval to issue the refunding bonds and to guaranty repayment. Due to a decline in interest rates, the City’s and the CRA’s Financial Advisor (Public Financial Management) brought potential savings of interest costs to our attention. As a result, Requests for Proposals were issued to banks to refinance the bonds. PNC Bank was chosen as most responsive proposer. The following are key terms also noted at the September 11 CRA Board meeting: 1. The 2012 bonds are structured as a bank loan 2. The proceeds will be used to refund the Series 2004 and 2005A bonds. 3. The City will guaranty repayment similar to the Series 2004 and 2005 bonds. 4. The 2012 bonds will mature in 2026 the same as the refunded bonds. 5. The interest rate is 2.56%. 184 of 451 H? No direct impact on City programs OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES or services, but the annual interest savings will allow the CRA to budget monies for other programs. The Tax Increment Revenue Bonds, Series 2012, are primarily secured by the Tax Increment Revenues that the CRA receives from the City and the County. As a second security, the City will also guarantee repayment of the Series 2012 bonds. This is the same as the current guaranty for repayment of the Series 2004 and 2005 bonds. FI: The 2.56% interest rate compares to the current average rate of 4.5% ISCAL MPACT resulting in interest savings of over $213,000 annually ($1,182,292 net present value savings) and $2,622,646 over the life of the loan. A: Not to refund the bonds to realize the $2.6 million interest savings. This LTERNATIVES is not recommended. 185 of 451 RESOLUTION NO. R12-_____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY TO ISSUE ITS TAX INCREMENT REVENUE BONDS, SERIES 2012, IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $17,000,000; AUTHORIZING THE CITY TO GUARANTY THE OBLIGATIONS OF THE COMMUNITY REDEVELOPMENT AGENCY UNDER THE BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1: The Boynton Beach Community Redevelopment Agency (the "Agency") is hereby authorized to issue its Tax Increment Revenue Bonds, Series 2012 (the "Bonds") in the principal amount of not exceeding $17,000,000, and having such other terms and conditions as authorized by the Agency's Bond Resolution No. 04-04 adopted December 6, 2004, as amended and supplemented from time to time. Section 2: The City determines that it will further a paramount public purpose for the City to guaranty the payment of the Bonds, and the City shall guaranty the payment of the Bonds. The City Manager is hereby authorized and directed to execute the Guaranty in the form attached hereto as Exhibit "A". Section 3: This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this 2nd day of October, 2012. CITY OF BOYNTON BEACH, FLORIDA ___________________________ Mayor – Woodrow L. Hay ____________________________ Vice Mayor – Mack McCray ____________________________ Commissioner – ATTEST: ____________________________ Commissioner – Steven Holzman _________________________ ____________________________ Janet M. Prainito, MMC Commissioner- Marlene Ross City Clerk (Corporate Seal) 186 of 451 187 of 451 188 of 451 11. A UNFINISHED BUSINESS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Hear update on Old High School Redevelopment EQUESTED CTION BY ITY OMMISSION Project - Mr. Juan Contin - Boynton Old School Partners, LLC ER: Mr. Juan Contin will provide an update on the project. XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 189 of 451 11. B UNFINISHED BUSINESS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R12-102 - EQUESTED CTION BY ITY OMMISSION Approve the ranking of proposers identified by the Evaluation Committee from the responses received to the Request for Proposals RFP #067-2110-12/TWH "A POLICE DEPARTMENT MANAGEMENT STUDY"; and approve agreement with Berkshire Advisors of Bay Village, OH, for an amount not to exceed $59,000 (Including all fees and expenses). TABLED ON SEPTEMBER 18, 2012 ER: The City issued the above RFP for “A Police Department XPLANATION OF EQUEST Management Study” to create a concise report outlining the current operations of our Police Department and any opportunities for improvement. The RFP was advertised and submittals were due on August 22, 2012 at 2:30 p.m. Procurement received and opened six (6) proposals. The proposals were reviewed by Jeff Katz, Police Lieutenant, Jeff Livergood, Director of Public Works and Engineering, and Barry Atwood, Director of Financial Services. Each reviewer completed a weighting score sheet as provided in the RFP document. The Finance Department verified the scores and prepared a summary tabulation of the overall scores to arrive at the following ranking: 1) Berkshire Advisors, Bay Village, OH 2) Matrix Consulting Group, Mountain View, CA 3) ICMA, Washington, D.C. 4) Public Safety Strategies Group, West Townsend, MA 5) Novak Consulting Group, Cincinnati, OH 190 of 451 6) Management Partners, Cincinnati, OH Copies of all proposals were sent to the Commission under separate cover for your review. Based on the above ranking, staff would recommend entering into an agreement with Berkshire Advisors of Bay Village, OH to perform a Police Department Management Study for the City of Boynton Beach in the amount of $59,000 (Includes all fees and expenses). As a point of reference as it relates to Berkshire Advisors proposal Section III is the Description of work program and scope of services. Based on execution of the agreement and all associated required documentation, the anticipated start date is the first of October 2012 and based on proposer’s proposed time table the study will take approximately four (4) months to complete. H? The goal of this Study will be to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provide the City with an overall evaluation of the City’s Police Department. FI: The cost of this Study is $59,000 (Including all fees and expenses) and ISCAL MPACT is identified in the FY 2012-2013 Proposed General Fund Budget. A: The City Commission may review ranking and invite proposer(s) in for LTERNATIVES an oral presentation prior to approving a final ranking and making award or review RFP requirement and make changes and have staff re-advertise. 191 of 451 RESOLUTION NO. R12-102 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING THE CONSOLIDATED STAFF RANKING OF PROPOSERS; APPROVING THE AWARD OF A CONSULTANT AGREEMENT FOR A POLICE MANAGEMENT STUDY IN RESPONSE TO RFP #067-2110-12/TWH WITH BERKSHIRE ADVISORS, INC., IN AN AMOUNT NOT-TO-EXCEED $59,000; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONSULTANT AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 22, 2012, Procurement Services received and opened six (6) proposals in response to RFP #067-2110-12/TWH for “A Police Department Management Study”; and WHEREAS, the evaluation committee, consisting of Jeff Katz, Jeff Livergood and Barry Atwood, independently reviewed and evaluated the bid proposals; and WHEREAS, the Finance Department verified the scores and prepared a summary tabulation of the overall scores and, as a result, the Interim City Manager is recommending the award of the contract to Berkshire Advisors, Inc., of Bay Village, Ohio who was the most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of the Interim City Manager, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve the ranking of proposers; award RFP #067-2110-12/TWH “A Police Department Management Study” to Berkshire Advisors of Bay Village, Ohio and authorize the Interim City Manager to execute a Consultant Agreement in an amount not to exceed $59,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 192 of 451 approve the ranking of the proposers. Section 3. The City Commission of the City of Boynton Beach, Florida does hereby award the RFP #067-2110-12/TWH “A Police Department Management Study” to Berkshire Advisors of Bay Village, Ohio and authorize the Interim City Manager to execute a Consultant Agreement in an amount not to exceed $59,000, a copy of which is attached hereto as Exhibit “A”. Section 4. This Resolution shall become effective immediately upon passage. th PASSED AND ADOPTED this 18 day of September, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow L. Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner – _______________________________ Commissioner – Steven Holzman ATTEST: _______________________________ Commissioner – Marlene Ross _____________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 193 of 451 CONSULTANT AGREEMENT FOR “A POLICE MANAGEMENT STUDY” THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to __BERSHIRE ADVISORS, INC.__ as “the City”, and hereinafter referred to as “the Consultant”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT RFP FROM services in connection with the project designated. CONSULTANTS FOR “A POLICE DEPARTMENT MANAGEMENT STUDY” - RFP No.: 067-2110-12/TWH. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified in Exhibit “A” attached hereto and incorporated herein by reference, and Berkshire’s response contained in “Section III – DESCRIPTION OF WORK PROGRAM AND SCOPE OF SERVICES” of their submitted proposal, including the provision of all labor, materials, equipment, and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all 150 services and provide all work product required pursuant to this agreement by calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. TERM: This Agreement shall be for a period of six (6) months commencing on the date the Agreement is executed by the City. 5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: a. The total contract price, as referred to herein, shall be the total amount of payment to consultant for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Consultant shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Consultant’s records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 194 of 451 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant’s endeavors. 7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this 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. 8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits. Said professional liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. 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 deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide 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 bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this 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. 195 of 451 12. DISCRIMINATION PROHIBITED. 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. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the right to terminate 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. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: City Manager Notices to Consultant shall be sent to the following address: Berkshire Advisors, Inc. 24734 Lake Road Bay Village, OH 44140 Attn: Michael H. Walker 196 of 451 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this _____ day of ________________________________________, 20____. CITY OF BOYNTON BEACH _________________________________ __________________________________ City Manager Consultant Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk Approved as to Form: Attest/Authenticated: _________________________________ __________________________________ Office of the City Attorney Secretary 197 of 451 EXHIBIT “A” Section III – SCOPE OF SERVICES The City of Boynton Beach is preparing for the need to maintain quality police services within financial constraints. In order to meet these challenges, an extensive analysis and benchmark of the current deployment and workload must be conducted. A. PROPOSED STUDY Document current patrol performance and workload levels.  Establish an existing benchmark and long range performance goals and objectives for  the Police Department. Identify opportunities to improve on performance with existing resources.  Estimate the manpower requirements and associated costs that would be needed to  achieve management specified performance objectives. Provide guidance on routine standard reports that should be used to track performance.  Provide suggestions for organizational structure.  Identify operational cost savings opportunities.  B. CURRENT PERFORMANCE Analyze in-depth four weeks of summer data and four weeks of winter data and assess variations by time of day, day of week, season and district. The analysis to include all of the following: 1. Patrol deployment levels 2. Average response time to different call priorities 3. Proportion of calls in each category for which response times are unacceptably long. For example, Consultant will determine the proportion of high priority calls that experience response times of longer than 10 minutes 4. Document time periods during the week in which response times seem excessive 5. Average and median time spent on calls with different priorities 6. Proportion of calls with unusually long time spent on-scene 7. Proportion of calls requiring more than one patrol unit 8. Resources allocated to proactive patrol 9. Resources consumed on non-value added activities C. OPPORTUNITIES FOR IMPROVEMENT Examine whether the patrol resources are efficiently deployed over 24/7 time period. Awarded consultant is to graph deployment levels against workloads by time of day, day of week, and by patrol areas. 198 of 451 Consultant will analyze and graph officer response time by call priority level and shift to identify significant patterns/differences in officer response. These response time analyses will delineate and analyze between the components of officer response; call queue time, travel time, and time on scene. Consultant will observe and meet with dispatch operations to determine the extent of best practices employed to efficiently dispatch patrol units. Consultant will be afforded the opportunity to meet with City Manager, Mayor and Commissioners individually, if needed. D. POLICE OPERATION ANALYSIS The Consultant is to conduct a comprehensive review of the services of the department, comparing the delivery with other best practices. The focus of the analysis to include the following areas: 1. Administration, Policy and Procedures, Planning, and Utilization of various best practice models in the department. 2. Deployment of resources; the Consultant to look at identifying opportunities to civilianize positions to allow more sworn personnel to perform police duties. 3. Review of the investigations division to determine the effectiveness of staff. 4. Crime Fighting Strategies -- Provide crime fighting strategies to strengthen the police environment. 5. Communications – How the computerized aided dispatch/records management system provides real time information to the department and ways that it may be improved. 6. Review all aspects of the department including operational and support functions. Evaluate the department’s performance compared to nationally accepted standards. 7. Conduct an analysis of the internal functions of the agency to include review of internal documents such as policies and procedures, internal affairs issues, training, discipline, community relations, etc. 8. Review existing deployment, particularly of the patrol force, to determine appropriate staffing levels throughout the day with particular attention to the size and number of patrol zones or beats. 9. Create a data analysis of the police department workload, staffing and deployment by objectively looking at the availability of deployed hours and comparing those to the hours necessary to conduct operations. 10. Evaluate the time necessary to conduct proactive activities to provide the City of Boynton Beach with a meaningful methodology to determine appropriate staffing levels and forming the basis for establishing the baseline performance of the police department. Then review that baseline performance capability again the actual performance of the department. 11. Evaluate current services for possible outsourcing to reduce costs. 199 of 451 E. CALLS FOR SERVICE vs. WORKLOAD A data analysis of department workload, staffing and deployment is to be conducted. By objectively looking at the availability of deployed hours and comparing those to the hours necessary to conduct operations, staffing expansion and/or reductions can be determined and projected. Additionally the time necessary to conduct proactive police activities (such as directed patrol, community policing and selected traffic enforcement) must be reviewed to provide the City of Boynton Beach with a meaningful methodology to determine appropriate costing allocation models. F. ORGANIZATIONAL STRUCTURE Administration Division Training Recruiting Professional Standards Internal Affairs Technical Services Purchasing Public Information Media Relations Agency Accreditation Code Enforcement Code Compliance Support Services Investigations Evidence / Property Crime Scene Records Uniformed Services CAT Community Education Crime Prevention Critical Incident Team Honor Guard Juvenile Programs K-9 Marine Patrol Police Explorers Road Patrol SWAT Traffic Unit Communications Recruitment Staffing G. OBJECTIVES 200 of 451 The purpose of this study is to provide a concise report outlining the current operations of this police department and how it relates to the mission, goals, and core values of the City, as well as the needs of the local communities. This is to include both a top down and bottom up analysis. We are particularly looking for an evaluation of the leadership, management and supervision within the department and how it relates to all levels of staffing. It is not anticipated that the final product will consist of statistical abstracts other than as appendices to identify and explain the final report. The following are the specific Objectives, which are to be addressed in the final report: 1. Evaluate to determine if the Department is adequately staffed and organized to meet the services expectations of the citizens and the City Commission. 2. Determine if the department has the paid and volunteer personnel assets (quantity and quality) to do its job. 3. Assess how the department interacts with the community and if it is in need of change. 4. Review the procedures and practices in place to assure that outcomes of work or action, by the department, are in accord with statutes and mandates. 5. Evaluate how efficiently the department is organized to conduct operations. 6. Review the mission, goals and values of the department; and, evaluate how they relate to the overall goals of the City, and the core values of diversity, integrity, creativity and stewardship. 7. Assess how effectively the department conducts community policing. 8. Determine if incidents of unprofessional conduct by department employees are a result of systemic ineffective management style and leadership capabilities; are isolated individual acts; or, are a result of deficient or employee disregard of policies and procedures. 9. Consultant shall present final report to City Commission if requested and provide to the City final report in digital format and provide ten (10) hard copies. 201 of 451 202 of 451 203 of 451 204 of 451 205 of 451 206 of 451 207 of 451 208 of 451 209 of 451 210 of 451 211 of 451 13. A LEGAL October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-015 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve the historic designation application for the st Audrey D. Gerger House located at 331 NW 1 Avenue, Boynton Beach. st ER: The owner of the property located at 331 NW 1 Avenue XPLANATION OF EQUEST has submitted an application to have the property designated as a historic site. If the application is approved, the property will be the first site added to the Boynton Beach Register of Historic Places. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a. Association with events that have made a significant contribution to the broad patterns of the City’s history; b. Association with the lives of persons significant in the City’s past; c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; 212 of 451 d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. The subject property contains a two-story residential duplex and a detached garage both built c.1926. The buildings are fine examples of the Mission style of architecture constructed in Boynton Beach during the Florida Boom era. A number of Mission style buildings have been demolished in recent years; therefore, this site is one of the few remaining in the City. This site is particularly significant as it contains a two-story Mission style duplex which appears to be the only example of its kind in the City. The site was added to the Florida Master Site File inventory in 1981 and the entry was updated during the 1996 survey. The structures retain many original architectural features and both are in good condition. Some alterations have been undertaken to both structures; however, the alterations are reversible and, for the most part, are not visible from the public right of way. As detailed in the designation application, the subject property is significant in a local context for its architecture and, although some alterations have been undertaken, it retains much of its integrity. The site also meets criteria “c” from the above list as it: “Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.” Therefore, based on the above, the site meets the required criteria and is eligible for historic designation. Based on previous discussions and a site visit to the subject property, it is anticipated that the Historic Resources Preservation Board (HRPB) will recommend approval of the application at its meeting on September 10, 2012. An update of the HRPB recommendation will be provided at the City Commission meeting. H? The property will be the first site OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES added to the Boynton Beach Register of Historic Places and will help raise public awareness of the City Historic Preservation Program. FI: Studies indicate that preservation programs can maintain, and in some ISCAL MPACT cases increase property values which benefit property tax revenues. A: Do not approve the historic designation application. LTERNATIVES 213 of 451 ORDINANCE NO. 12-015 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE AUDREY D. GERGER HOUSE LOCATED AT 331 ST NW 1 AVENUE, WHICH IS MORE FULLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING A NON-SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Chapter 4, Article IX, Section 6.C. of the City of Boynton Beach Land Development Regulations provides for the designation and protection of historic sites in the City of Boynton Beach; and WHEREAS, the owner of the Audrey D. Gerger House, a home which demonstrates an example of the Mission style of architecture constructed in the City of Boynton Beach in the 1920's; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a designation report for the designation of the Audrey D. Gerger House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and WHEREAS, the Historic Preservation Board of the City of Boynton Beach on September 10, 2012 recommended that the Audrey D. Gerger House be designated an historic site; and WHEREAS, the City Commission of the City of Boynton Beach has conducted a duly noticed public hearing in regard to the designation of the Audrey D. Gerger House as an historic site. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. 214 of 451 st Section 2. The Audrey D. Gerger House is located at 331 NW 1 Avenue, which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit "A", and is hereby designated as the Audrey D. Gerger Historic Site in accordance with and under the provisions of Chapter 4, Article XI, Section 6.C., of the City of Boynton Beach Land Development Regulations. Section 3. It is the intention of the City Commission of the City of Boynton Beach that this Ordinance and each and every of its terms be considered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it its entirety. Section 4. This Ordinance shall become effective immediately upon its passage and adoption. th FIRST READING this 18 day of September, 2012. 215 of 451 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Woodrow Hay ______________________________ Vice Mayor – Mack McCray ______________________________ Commissioner - ______________________________ Commissioner – Steven Holzman _______________________________ Commissioner- Marlene Ross ATTEST: ___________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) S:\CA\Ordinances\Ordinance - Historic Designation (Gerger House).doc 216 of 451 217 of 451 218 of 451 219 of 451 220 of 451 221 of 451 222 of 451 223 of 451 224 of 451 225 of 451 226 of 451 227 of 451 228 of 451 229 of 451 230 of 451 231 of 451 232 of 451 233 of 451 234 of 451 235 of 451 236 of 451 237 of 451 238 of 451 239 of 451 240 of 451 241 of 451 242 of 451 243 of 451 244 of 451 245 of 451 246 of 451 247 of 451 248 of 451 249 of 451 250 of 451 251 of 451 252 of 451 13. B LEGAL October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED ORDINANCE NO. 12-016 - EQUESTED CTION BY ITY OMMISSION SECOND READING - PUBLIC HEARING - Approve amendments to the LDR intended to, in part, provide incentives to the development of non-conforming industrial lots; promote more urban development through clarification of build-to-line regulations; update historic preservation processes; and enhance project and streetscape appearance through various changes in community design regulations. Applicant: City-initiated. ER: This is a collection of various proposed amendments to the XPLANATION OF EQUEST Land Development Regulations that are grouped and explained below. It should be noted that several amendments have been prompted in connection with the establishment of new programs or processes, or motivated by lessons learned from the application of current regulations to past or present development proposals or concepts. The proposed amendments are described as follows:  Business promotion – Proposed amendments that involve reducing the sound analysis requirements for certain businesses, allow for certain business activities to be conducted primarily outdoors, and allow for the development of non- conforming industrial property through changes in lot size and landscaping requirements;  Historic preservation – The City’s Historic Preservation Program continues to be implemented warranting amendments to the LDR that pertain to format and internal consistency, application requirements, user-friendliness of notification requirements, consistency with Federal standards and criteria, and eligibility for tax exemption; 253 of 451  Design flexibility – Greater flexibility in project design is the objective of allowing variation in building placement along the street frontage, recognizing the possibility of, and need for design flexibility when, a project has multiple frontages on target streets within the redevelopment area; and through the addition of criteria for the review of deviations from required “build-to” lines which also encourage the use of design elements that enhance the streetscape;  Live Entertainment Permit – With the establishment of this system for reviewing and approving live entertainment at restaurants, bars, and nightclubs, there is the need for proper cross-references in the LDR, and the opportunity to eliminate the complex and technical sound analysis requirement for certain conditional uses thereby increasing the application of this simple approval/permit process; and  Sustainability/Green – This group includes proposed changes to the methodology for determining tree mitigation requirements as part of site development, which essentially decrease the use of palm trees and increase the use of canopy trees in order to decrease the heat island effect. There are also various other proposed amendments that involve the simple aspects of managing the format of the LDR, clarifying code wording, and necessary “clean-ups” realized from lessons learned during the application and enforcement of the relatively new LDR which do not impact standards or other substantive contents. Lastly, know that staff will soon be circulating the next group of proposed amendments that would support the initiatives of business promotion and redevelopment, and sustainability, which will involve parking regulations applicable to the downtown area, and expanded provisions for windmills. th The Planning & Development Board reviewed this item at its August 28 meeting and forwards it with a recommendation for approval. H? NA OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: NA ISCAL MPACT A: Not approve proposed amendments or approve with changes. LTERNATIVES 254 of 451 ORDINANCE 12-____ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING PART II, CODE OF ORDINANCES, CHAPTER 13, ARTICLE IV “LIVE ENTERTAINMENT PERMITS”; AMENDING PART III, LAND DEVELOPMENT REGULATIONS WITH AMENDMENTS TO CHAPTER 1, “GENERAL ADMINISTRATION”, ARTICLE II, “DEFINITIONS”, CHAPTER 2, “LAND DEVELOPMENT PROCESS”, ARTICLE I, “OVERVIEW”, ARTICLE II, “PLANNING AND ZONING DIVISION SERVICES”, ARTICLE IV, “BUILDING DIVISION SERVICES”, CHAPTER 3, “ZONING”, ARTICLE III, “ZONING DISTRICTS AND OVERLAY ZONES”, ARTICLE IV, “USE REGULATIONS”, ARTICLE V, “SUPPLEMENTAL REGULATIONS”, CHAPTER 4, “SITE DEVELOPMENT STANDARDS”, ARTICLE I, “ENVIRONMENTAL PROTECTION STANDARDS”, ARTICLE II, “LANDSCAPE DESIGN AND BUFFERING STANDARDS”, ARTICLE III, “EXTERIOR BUILDING AND SITE DESIGN STANDARDS”, ARTICLE V, “MINIMUM OFF-STREET PARKING REQUIREMENTS”, ARTICLE VI, “PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS”, ARTICLE VII, “EXTERIOR LIGHTING STANDARDS”, ARTICLE VIII, “ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS”, ARTICLE IX, “BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS”; PROVIDING FOR CONFLICT, SEVERABILITY, INCLUSION; AND EFFECTIVE DATE. WHEREAS, in 2010, the City Commission approved a comprehensive update to the City’s Land Development Regulations; and WHEREAS, as part of the process, staff anticipates the periodic need for updates and amendments in connection with the establishment of new programs or processes or from information gained from the application of current regulations to past or present development proposals or concepts; and WHEREAS, staff recommends the adoption of the attached amendments to the Code of Ordinances and Land Development Regulations as it will help promote business/economic development, make the code more user-friendly, and provide the necessary updates based on lessons learned and processes established subsequent to the 2012 update of the Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clause is true and correct and hereby 255 of 451 ratified and confirmed by the City Commission. Section 2. That Part II, Code of Ordinances and Part III, "Land Development Regulations", of the City of Boynton Beach are hereby amended as follows: See attached Exhibit “A” Section 3. All prior ordinances or resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 4. If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 5. It is the intention of the City Commission of the City of Boynton Beach, Florida, that the provisions of this Ordinance shall become and be made a part of the City of Boynton Beach Code of Ordinances; and that the sections of this ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 6. This Ordinance shall be effective immediately after adoption by the City Commission. PASSED FIRST READING this ___ day of __________, 2012. SECOND AND FINAL READING ADOPTED this ___ day of ________, 2012. CITY OF BOYNTON BEACH, FLORIDA _________________________________ Mayor – Woodrow L. Hay _________________________________ Vice Mayor – Mack McCray _________________________________ Commissioner – _________________________________ Commissioner – Steven Holzman 256 of 451 _________________________________ Commissioner – Marlene Ross ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 257 of 451 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 12-029 TO: Chair and Members Planning & Development Board FROM: Eric Lee Johnson, AICP, CFM, LEED Green Associate Planner II THROUGH: Michael Rumpf Planning and Zoning Director August 22, 2012 DATE: LDR Amendments to Nonconforming Regulations, Landscaping Standards, RE: Community Design Standards, and Historic Preservation Requirements CDRV 12-005 OVERVIEW The rewrite of the City’s land development regulations (LDR) allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post- adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons or initiatives: 1. Business and economic development initiatives; 2. Sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. Business and economic developmentinitiative The proposed request would further item #1, and Internal consistency item #3, , including necessary updates based on lessons learned and processes established subsequent to the 2010 LDR update NATURE OF REQUEST Approve proposed amendments to the Land Development Regulations (LDR) intended to update and enhance development and design standards to promote business/economic development and increase user-friendliness. The proposed amendments include incentives to the development of 258 of 451 industrial lots, promote more urban development through clarification of build-to line regulations, reduce landscape requirements for non-conforming lots, update historic preservation processes, and are intended to enhance project appearance through various changes in community design regulations. ANALYSIS Preparation of these documents has involved the comprehensive and detailed review of the associated land development processes, the applicable standards, and the city department responsible for the administration of such regulations and standards. The following list summarizes the proposed amendments to the land development regulations: Part II (Code of Ordinances), Chapter 13, Article IV Live Entertainment Permits  Update the live entertainment permit submittal requirements to require a signed affidavit that affirms the application will not violate the Noise Control Ordinance.  Update/remove the requirement for all conditional uses to have a sound analysis, and only require this analysis from operators who are reapplying following revocation. The sound impact analysis must demonstrate mitigating solutions aimed at reducing or eliminating the potential for violating the Noise Control Ordinance and preventing off- site nuisance conditions which led to the original revocation. Part III (LDR), Chapter 1, Article II Definitions  Update the definitions of Auto/Car Wash; Restaurant; and Bar and Nightclub to emphasize that business activities are to be mainly conducted indoors, but that such establishment may have an outdoor component to the operation to accommodate such unique businesses (e.g., Cuthill’s Backyard) that operate primarily outdoors. Part III (LDR), Chapter 2, Article I Overview  Update the article to include the newly created Historic Resources Preservation Board as a reviewing agency for those applications involving historic preservation.  Enhance article to include asterisks next to the types of development applications requiring quasi-judicial hearings. Part III (LDR), Chapter 2, Article II Planning and Zoning Division Services  Update the scope of Community Design Appeal application to include deviations from build-to line requirements (i.e., setbacks) in certain zoning districts and areas of the City.  Insert into the article, a new section for the applications established as part of the new historic preservation program to include: 1) Certificate of Appropriateness; 2) Historic District or Properties Designation; and 3) Historic Preservation Property Tax Exemption Application. 259 of 451  Amend the paragraph order in the “Eligible Applicants” section to improve consistency and clarity. The two paragraphs regarding voting rights when designating a district are now next to each other rather than being separated by other wording.  Simplify the public notification process for individual site designations by only requiring the notification of abutting or adjacent properties rather than those within a 400 foot radius. The 400 foot requirement is still in place for the designation of a district.  Remove unnecessary (repeated) wording from the “Board Approval” section regarding Certificates of Economic Hardship.  Simplify the application process for “Certificate of Economic Hardship” by requiring only a written statement rather than a formal application similar to the appeal process currently established in the LDR. Expand the submittal requirements to provide additional documentation of hardship consistent with procedures of other cities and beneficial for the determination of economic hardship. Part III (LDR), Chapter 2, Article IV Building Division Services  Update article by reinserting wording required by Code Compliance to ensure that sites are maintained in accordance with the approved site plan of record. Part III (LDR), Chapter 3, Article III Zoning District and Overlay Zones  Revise site regulations table for SMU and Urban Mixed-Use zoning districts, and the Urban Commercial District Overlay Zone to emphasize “urban” design standards, with minimal setbacks and a mandatory build-to line, and include exceptions when accommodating pedestrian amenities and sidewalk areas or to maintain compliance with safe-sight and visibility requirements.  Enhance the site and development regulations for the Urban Mixed Use zoning districts and Urban Commercial District Overlay Zone by allowing minor deviations of up to 15 feet from build-to line requirements to optimize a project’s landscape design; maximize drainage solutions; accommodate architectural enhancements; or to otherwise enhance public spaces in front of buildings along rights-of-way. Exceptions would be eligible for the more appropriate relief process, the option of a Community Design Appeal instead of the traditional variance.  Update the M-1 district regulations to encourage development on non-conforming lots that do not meet the minimum lot size by amending the development standards, including minimum landscaping requirements. Part III (LDR), Chapter 3, Article IV Use Regulations  Amend the Noise standard of the City’s operational performance standards to include a cross-reference to the Live Entertainment Permit process established subsequent to the update of the LDR. 260 of 451  Update the conditional use application’s evaluation criteria by removing the requirement that bars/nightclubs be subject to sophisticated “sound study” certified by an acoustical engineer, and allow the submittal of a less technical non-certified sound impact analysis. The new Live Entertainment Permit process was established to provide a simple, more user-friendly system for permitting such activity and which emphasizes the City’s noise ordinance. Part III (LDR), Chapter 3, Article V Supplemental Regulations  Enhance the general design standards of all fences by requiring the finished sides to face adjacent properties.  Update the nonconforming regulations by exempting the M-1 zoning district from complying with the 85% lot frontage requirement. Part III (LDR), Chapter 4, Article I Environmental Protection Standards  Update the methodology that is used when calculating the number of replacement trees required for mitigating purposes. The new methodology differentiates between canopy trees, small and medium sized palm trees, and large palm trees. The new provisions aim to discourage the replacement of large mature canopy trees with small and medium palm trees. Part III (LDR), Chapter 4, Article II Landscape Design and Buffering Standards  Amend the design standards by restricting palm species to no more than 50% of the required trees on any given site within commercial or mixed-use zoning with the intent of increasing tree canopy area and decreasing the heat island effect.  Update the Alternate Landscape Plan (ALP) provisions by creating new landscape regulations intended to support the development and redevelopment of smaller urban industrial lots. Part III (LDR), Chapter 4, Article III Exterior Building and Site Design Standards  Organize article by separating major topics under section headings rather than subsection headings, thereby making it easier for the general public to locate specific standards in the code (e.g., Design Standards for Multi-Family and Non-Residential Uses Adjacent to Single-Family Residential Zoning Districts; Design Standards for Development in Urban Areas; Design Standards for Large Non-Residential Development (Big Box) in Suburban Areas). Part III (LDR), Chapter 4, Article V Minimum Off-Street Parking Requirements  Clarify the existing provision that limits the maximum allowable number of parking spaces for non-residential uses. The existing provision was originally created to further sustainability initiatives (e.g., prevent over paving sites with impervious surfaces), to reflect staff’s original intent that it be applicable only to new projects and major modifications to existing development. 261 of 451 Part III (LDR), Chapter 4, Article IX Building, Construction, and Historic Preservation Requirements  Reorganize entire article for consistency with all applications administered by the Planning and Zoning Division by relocating all “process” related language into Chapter 2, Article II.  Relocate all Historic Preservation “process” provisions to Chapter 2, Article II, to appropriately be combined with all other Planning and Zoning Division Services.  Amend the “Guidelines for Historic Designation” section by adding the word “feeling” to the list of aspects necessary to assess the integrity of a site. The list now includes seven aspects of “integrity” and is consistent with those listed in the National Register guidelines.  Enhance the “Authority to Initiate Designation” section by adding site recording and architectural salvaging requirements for undesignated sites. This requirement was only in place for the demolition of a designated structure; however, if the Historic Preservation Board delays the demolition of an undesignated structure to determine if it is eligible for designation but the designation process is not completed, the owner is required to record the structures and attempt to salvage materials prior to demolition.  Relocate definitions to Chapter 1, Article II of the land development regulations for overall consistency.  Clarify the description of works eligible for tax exemption by adding the word “appropriate” in describing the “renovation,” “restoration,” or “rehabilitation” to reinforce the requirement to follow widely accepted historic preservation best practices.  Amend the process for submitting an appeal if a Preconstruction Application is denied by the Board in the “Appeals to the Historic Resources Preservation Board” section. Appeals will now be submitted in writing rather than by application form. The notification requirements have also been enhanced by the addition of “adjacent property” for consistency with the notification requirements for designating an individual site. CONCLUSION / RECOMENDATION Staff is recommending approval of the proposed code amendments. Overall, this amendment would help promote business/economic development, make the code more user-friendly, and provide the necessary updates based on lessons learned and processes established subsequent to the 2010 LDR update. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 12-005 M-1 Zoning\CDRV 12-005 Staff Report.doc 262 of 451 PROPOSED LANGUAGE PART II (CODE OF ORDINANCES), CHAPTER 13 LICENSES ARTICLE I BUSINESS TAX RECEIPTS… ARTICLE II GARAGE SALES… ARTICLE III ADULT ENTERTAINMENT… ARTICLE IV LIVE ENTERTAINMENT PERMITS Sec. 13-80. Live entertainment permit. (a) Definition. (1) Live entertainment defined. Live entertainment means a use in connection conjunction with a restaurant, bar/nightclub, or indoor/outdoor entertainment cocktail lounge or other similar establishment, wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified music or other related sounds or noise or the like sound, are provided indoors or outdoors, including but not limited to entertainment provided by musicians, disc jockey (DJ), master of ceremonies (MC), or karaoke. (b) Time limits. Any live entertainment permit (herein referred to as “permit”) granted by the city shall expire twelve (12) months after the date of approval of such live entertainment permit and must be renewed in accordance with subsection (h) of this section. (c) Method of approval. A live entertainment permit may be approved by the city after an application, as provided herein, has been processed by city staff. (d) Review and approval procedure. (1) Permit Live entertainment permit applications shall be obtained from and filed with the Development Department, and may be initiated by the owner of the subject property or the owner's designated representative. All applications must be signed by the property owner. A complete application will be processed by the Development Department, which also consists of the required fee and necessary supportive materials, including the following: a. A site and/or floor plan, indicating the location of the live entertainment. b. A summary of facts concerning the location and orientation of the live entertainment, including proposed 263 of 451 days and hours of operation, description of proposed entertainment, description of premises where entertainment is proposed, number of entertainers, etc. c. A valid Business Tax Receipt. All businesses wishing to secure an entertainment permit must conform with all local zoning requirements. d. A signed affidavit affirming the business will not violate the Noise Control Ordinance. (e) Non-transferable permit. A live entertainment permit is valid only for a specific establishment at a specific location and is nontransferable to another establishment. If an establishment with a valid live entertainment permit ceases operation at a specific location and another establishment begins operation at this location, the live entertainment permit is nontransferable to the new establishment at the same location. In addition, if an establishment with a valid live entertainment permit relocates, the permit is nontransferable to the new location. In both instances, a new live entertainment permit application must be submitted for City Commission consideration. (f) Standard conditions of approval for all permits. The following are standard conditions for approval of all live entertainment permits which are incorporated into the City Commission's approval of a live entertainment permit application and made a part of the terms under which the live entertainment permit is granted: (1) For indoor entertainment, all doors and windows shall remain closed during performances, with the exception of momentary use for ingress and egress. If doors and/or windows are opened during the performance, subsection (f)(2) of this section is applicable. (2) Section 15-8 of the City's Code of Ordinances, Noise control-Short title; through section 15-10.7, Enforcement and Penalty, inclusive, pertaining to noise, shall apply to live entertainment, and all live entertainment shall be subject to enforcement of the City's Noise Control Ordinance. (3) Hours of outdoor amplified live entertainment at establishments with a residential unit or units within 100 feet of the site shall not extend beyond 11:00 p.m. Sunday through Thursday evenings and 12:00 a.m. on legal holidays as defined in the City's Noise Control Ordinance, Friday and Saturday evenings. (g) Standards for review. In its deliberations concerning the granting of a live entertainment permit, the city shall carefully consider the following guidelines and standards: (1) Ingress and egress to the subject property and use, with 264 of 451 particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be on substantially improved property and generally conform to current city regulations and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. (2) Off-street parking areas for the principal use shall be in conformance with applicable (e.g. parking space requirements) standards with respect to required parking, as well as be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the intended entertainment to be serviced, with particular attention to the items listed in subsection (g)(1) of this section. Further, the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the live entertainment shall not be detrimental to the adjoining properties in the general area. (3) Refuse and service areas, with particular reference to the items listed in subsections (g)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. This shall should include proposed strategies to mitigate sound levels at adjacent property lines and distances from the noise source(s) as enumerated in the city's Noise Control Ordinance. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. (7) The proposed live entertainment shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. (h) Permit renewal procedure. Permits Live entertainment permits shall renew on an annual basis in conjunction with the Business Tax Receipt renewal 265 of 451 effective October 1 of each year. Establishments with complaints that have been the subject of an Order issued by the City's Code Compliance Board finding the establishment in violation of City Code, and/or findings by a civil or criminal court of a violation of City Code or other applicable law(s) shall require annual City Commission approval prior to the renewal of the live entertainment permit. Permits Live entertainment permits not approved for renewal by City Commission will be prohibited from re-applying for a period of one (1) year. (i) Revocation of permits. The City Commission may revoke a previously approved live entertainment permit upon making the following findings, in a public hearing, that :(1) The that operation of the live entertainment has resulted in the violation of a city ordinance, or any of the conditions of approval outlined in the approving resolution, including the standard conditions outlined in subsection (h) of this section, and that the City's Code Compliance Board has found that a violation has occurred, and entered an order finding that such a violation has occurred pursuant to Chapter 2, Article V, of the City's Code of Ordinances. In the event the City Commission revokes a live entertainment permit, the City Commission shall not issue a new live entertainment permit for the same location for a period of twelve (12) months from the date of revocation. In order to submit an application for a new live entertainment permit, the location must not have been found in violation of any City Code provisions within the twelve (12) month time period just prior to the date the application for a live entertainment permit is submitted. (2) After the time period specified above has elapsed, a new permit application may be submitted to the Development Department. This renewal application However, unlike the original application, the applicant shall also include now be required to submittal of an impact analysis which demonstrates mitigating solutions intended to aimed at reducinge or eliminatinge the potential for violating the Noise Control Ordinance or otherwise creating off-site nuisance conditions. (j) The City Commission hereby establishes the following live entertainment permit application fee, a live entertainment permit fee which is computed based upon the date of the Commission's action approving the application, and an annual live entertainment permit renewal fee: (1) Live entertainment permit application fee $150.00. (2) Annual live entertainment permit renewal fee $50.00 (k) Live entertainment without a city live entertainment permit is prohibited and violations of these regulations may be enforced by the city as follows: (1) The City Code Compliance Board shall have jurisdiction to hear and decide cases in which violations of this chapter are alleged, or 266 of 451 (2) The City may enforce the provision of this Code by supplemental Code or Ordinance enforcement procedures as provided by Part 2 of Chapter 162, Florida Statutes, or (3) The city may prosecute violations of this section by issuance of Notices to Appear for violation of a city ordinance, in which case, the penalty for a violation shall be as follows: a. First violation - $100.00 b. Second violation within twelve (12) months of adjudication of first violation - $150.00 c. Third violation within eighteen (18) months of adjudication of first violation - $250.00 Each day on which a violation exists shall constitute a separate violation for the purpose of determining the fine, or (4) The City Attorney, with authorization from the City Commission, may bring suit on behalf of the city to enjoin any violation of this section. PART III (LDR), CHAPTER 1, ARTICLE II DEFINITIONS AUTO / CAR WASH (POLISHING, WAXING, DETAILING) – Establishments providing for the cleaning of private automobiles, recreational vehicles (personal watercraft), or other light duty equipment through manual detailing and / or mechanical resources. Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process. RESTAURANT – An establishment engaged in preparing, selling, and / or serving food and beverage items. Food and drink may be consumed on premises, delivered, and taken out (via pick-up or carry-out). Alcoholic beverages may be sold in combination with selling food but ultimately, the sale of food constitutes more than 51% of its monthly gross revenue. Business activity is to be conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process. BAR AND NIGHTCLUB – Any licensed premises that is devoted predominately or totally, to the serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live or recorded performers who dance, sing, play instruments, or perform other acts of entertainment (excluding adult entertainment). The service of food may be incidental to the service of the aforementioned beverages, activities, and entertainment. These establishments are known as but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs, dance clubs, discothèques, night clubs, piano bars, pubs, and saloons. Business activity is to be 267 of 451 conducted indoors, but the establishment may have an outdoor component if approved through the site plan or site plan modification process. PART III (LDR), CHAPTER 2, ARTICLE I OVERVIEW Section 1. General. Section 2. Types of Land Development Applications. A. Table 2-1. Applications by City Departments. Legend: HRPB: Historic Resources Preservation Board P&Z: Planning and Zoning Division P&D: Planning and Development Board CRA: Community Redevelopment Agency CC: City Commission REVIEWING PUBLIC CODE APPROVING APPLICATION TYPEAUTHORITY HEARING SECTION AUTHORITY (STAFF) REQUIRED? ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Standard Applications Art II, Director of CC Yes Annexation Section 2.A P&Z Comprehensive Plan Amendment Art II, Text City Initiated Only Section 2.B.2 Future Land Use Map Art II, Director of CC Yes (FLUM) Section 2.B.3 P&Z Art II, Conditional Use Section 2.C Director of CC Yes* P&Z Conditional Use Time Art II, Extension Section 2.C.6 Art II, Rezoning Section 2.D Article II, Master Plan (New) Section CC Yes* 2.D.6 Director of Article II, P&Z Master Plan Section Modification (Major) 2.D.6.g Article II, Master Plan Director of Section No Modification (Minor) P&Z 2.D.6.h Art II, Director of Director of No Sign Program Section 2.E P&ZP&Z Art II, Site Plan Review Section 2.F Site Plan Time Art II, Director of CC Yes* Extension Section 2.F.6 P&Z Site Plan Modification Art II, (Major)Section 2.F.7 268 of 451 Site Plan Modification Director of No (Minor) P&Z Art II, Director of Vacation and CC Yes* Section 2.G P&Z Abandonment ) Planned Industrial Development (PIDApplications Art II, Master Site Plan (New) PID Zoning District Only Section 3.A CC Yes Master Site Plan Director of Art II, Modification, Major P&Z Section Master Site Plan Director of 3.A.6 No Modification, Minor P&Z Technical Site Plan (New) Art II, PID Zoning District Only Section 3.B Technical Site Plan Director of Director of No Modification, Major P&Z P&Z Art II, Section 3.B.6 Technical Site Plan Modification, Minor continued ARTICLE II. PLANNING AND ZONING DIVISION SERVICES Art II, Director of CC Yes Waiver Section 3.C. P&Z Relief Applications Art II, Director of Director of Administrative No Adjustment Section 4.A P&Z P&Z Art II, Director of Community Design CC Yes Appeal Section 4.B P&Z Art II, Director of Height Exception CC Yes Section 4.C P&Z Art II, Director of Variance to Land CC Yes* Section 4.D P&Z Development Regulations Art II, Director of See Site Plan See Site Plan Waiver Section 4.E P&Z Review Review Permit Applications Art II, Director of Director of No Sign Permit Section 5.A P&ZP&Z Art II, Director of Director of No Zoning Permit Section 5.B P&ZP&Z Historic Preservation Art II, Director of Certificate of HRPB Yes Section 6.A. P&Z Appropriateness Art II, Director of Historic District or CC Yes* Section 6.B. P&Z Properties Designation Historic Preservation Art II, Director of Property Tax Exemption CC Yes Section 6.C. P&Z Application Other Applications Art II, Director of Director of No Certificate of Conformity Section 7 6.A P&Z P&Z Art II, Director of Director of No Lot Line Modification Section 7 6.B P&Z P&Z Art II, Director of Yes Mobile Vendor Vender P&D Section 7 6.C P&Z No Approval Art II, Director of CC Yes Modification to 269 of 451 Development Order Section 7 6.D P&Z Art II, Director of Sidewalk Café Approval CC No Section 7 6.E P&Z Art II, Director of Director of Zoning Verification No Section 7 6.G P&Z P&Z Letter ARTICLE III. ENGINEERING DIVISION SERVICES Art III, City Engineer City Engineer No Preliminary Plat Section 2.B Art III, City Engineer CC Yes Final Plat Section 2.C Art III, Land Development City Engineer City Engineer No Permit (LDP) Section 3 Art III, Right-of-Way Permits City Engineer City Engineer No Section 4 Engineering Division Art III, City Engineer City Engineer No Waiver Section 5 REVIEWING PUBLIC CODE APPROVING APPLICATION TYPEAUTHORITY HEARING SECTION AUTHORITY (STAFF) REQUIRED? ARTICLE IV. BUILDING DIVISION SERVICES Art IV, Building Building No Building Permit Section 2 Official Official Art IV, Building Building No Sign Permit Section 3 Official Official Building Board Art IV, Building of Adjustment Yes Variance Section 4 Official and Appeals ARTICLE V. BUSINESS TAX SERVICES Art V, Business Tax Business Tax Seasonal Sales Event No Section 3 Manager Manager Approval Art V, Business Tax Business Tax Special Temporary Sales No Section 4 Manager Manager Event Approval * Quasi-judicial proceedings are required pursuant to Part II (City Code of Ordinances), Chapter 2, Article I, Section 2-20. PART III (LDR), CHAPTER 2, ARTICLE II PLANNING & ZONING DIVISION SERVICES Section 1. General… Section 2. Standard Applications… Section 3. Planned Industrial Development (PID) Applications… Section 4. Relief Applications… Section 4. Relief Applications. Each application for relief shall be considered unique and not set precedent for subsequent requests. A. Administrative Adjustments… B. Community Design Appeal. 270 of 451 1. General. a. Purpose and Intent. The purpose of this subsection is to provide a relief process that allows for deviations from specific build-to line requirements of Chapter 3, Article III and any community design standard of Chapter 4 of these Land Development Regulations. The intent of this application process is not to provide a means of circumventing such standards but to allow for flexibility, and alternative ways to meet the intent of the code to yield high quality design, architectural detail, and visual interest without negative impacts to the subject site or surrounding properties. b. Applicability. This application shall be applicable to any requested deviation from specific build-to line requirements of the Mixed-Use Urban Building and Site Regulations (Table 3-4); Urban Commercial District Overlay Zone (Table 3-26); or any of a community design standard of Chapter 4 of these Land Development Regulations. The requested appeal shall be processed concurrent with a site plan unless otherwise determined by the Director of Planning and Zoning or designee. c. Rules… 2. Submittal Requirements… 3. Review Criteria… 4. Approval Process… 5. Expiration… C. Height Exception… D. Variance to Land Development Regulations… E. Waiver (Ocean Avenue Overlay Zone)… Section 5. Permit Applications… Section 6. Historic Preservation Applications. Other Applications. A. Certificate of Appropriateness. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well- defined application process, and information to guide in the review of Certificate of Appropriateness submittals. b. Applicability. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within 271 of 451 Districts. Utilizing the Design Guidelines Handbook, the Board reviews applications for Certificates of Appropriateness for alterations, new construction, demolitions, relocations affecting proposed or designated Properties or Properties within Historic Districts. c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation. d. Review Authority. The required level of review shall be depicted in a “Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix” (the “Matrix”). The Matrix will contain a list of design features, such as roofing materials, window types, shutter types, etc. The Matrix will indicate whether such features may be administratively reviewed or if Board review is required. The Board shall approve or amend the “Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix” as needed. If staff does not grant administrative approval of an application, the application may be referred to the Board for review. Any applicant may request referral to the Board rather than administrative review. An application referred by staff or an applicant will be considered in accordance with the application review schedule contained in Section 2.b. below. 2. Submittal Requirements. a. Application and Fees. Requests for Certificates of Appropriateness shall be made only on application forms approved by the Board. Submittal of the application must be made with the appropriate site plans, drawings, photographs, descriptions, and other documentation needed to provide staff and the Board with a clear understanding of the proposed action. Application fees and other applicable charges shall be established by resolution adopted by the City Commission. b. Completeness Review and Board Agenda. Staff shall review all applications for Certificates of Appropriateness to determine whether an application is complete. If the application is incomplete, staff will notify the applicant of what additional information is necessary. An application will not be reviewed until staff determines that it is complete. 272 of 451 All Certificates of Appropriateness applications eligible for administrative review will be reviewed in a timely manner and a written decision sent to the applicant. All Certificate of Appropriateness applications requiring Board review will be scheduled for hearing by the Board at the first available meeting approximately six (6) weeks after receipt of the completed application. The meeting shall be publicly announced and will have a previously advertised agenda. The Board may suspend action on the application for a period not to exceed thirty days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. 3. Review Criteria. See Chapter 4, Article IX, Section 6.D. for the review criteria applicable to the Certificate of Appropriateness. 4. Approval Process. a. Decisions. Decisions regarding application for Certificates of Appropriateness shall be based on the application, the application’s compliance with this Ordinance, and the evidence and testimony presented in connection with the application. Any conditions or requirements imposed shall be related to the Certificate of Appropriateness sought by the applicant. If conditions or requirements are imposed as a condition of approval, the Board may direct staff to review the amended plans and approve the COA if all conditions or requirements have been addressed. b. Notice of Decision on Application. Staff shall notify the applicant in writing of any decision on the application within five (5) working days from the date of the decision. 5. Certificate of Economic Hardship. Prior to taking an appeal of a decision to the City Commission on an application for Certificate of Appropriateness, an applicant may file a request in writing for a Certificate of Economic Hardship. Utilizing information supplied by the applicant, the Board reviews requests for Certificates of Economic Hardship to determine if a decision regarding a Certificate of Appropriateness application has caused or will cause an economic hardship. a. Application. A request for a Certificate of Economic Hardship must be submitted in writing within 30 days of the date of the hearing at which the Board’s 273 of 451 decision on the Certificate of Appropriateness application is announced. b. Board Agenda and Notice. The Board shall schedule a public hearing within 60 working days from the receipt of the application and shall provide notice of such hearing in the same manner as for the Certificate of Appropriateness application. c. Negotiations Prior to Certificate of Economic Hardship Hearing. During the period between receipt of the Certificate of Economic Hardship application and the Board’s public hearing, the applicant shall discuss the proposed action with staff, other City officials and local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the Property and/or the District. Staff may request information from various City departments and other agencies in order to negotiate an alternative resolution that is in the best interest of the applicant and the City. If negotiations are successful, staff shall make written recommendations to the Board regarding such alternatives. d. Determination of Economic Hardship. The applicant has the burden of proving by competent substantial evidence that the Board’s decision regarding the Certificate of Appropriateness application has caused or will cause an economic hardship. To determine economic hardship, the applicant shall submit the following with the request for a Certificate of Economic Hardship: (1) Proposed construction, alteration, demolition and removal costs; (2) Structural and condition reports from a licensed professional with experience in assessing historic buildings; (3) Estimates as to the economic feasibility of rehabilitation or reuse; (4) The purchase price of the property, details of annual debt service or mortgage payments, recent appraisals, assessments, and real estate taxes; (5) Details of any income obtained from the property and cash flows for the previous two (2) years; (6) The status of any leases or rentals; and 274 of 451 (7) Details of any listings of the property for sale or rent for the previous two (2) years. The applicant may submit or the Board may request any further additional information relevant to the determination of economic hardship. The effect of denial of the application for Certificate of Economic Hardship is that the decision regarding the Certificate of Appropriateness is upheld. If the application for Certificate of Economic Hardship is granted, the Board may issue the Certificate of Economic Hardship without conditions. Alternatively, the Board may issue the Certificate with conditions that will avoid the economic hardship and have the least adverse effect to the Property and the District. Such conditions may include, but are not limited to: ad valorem tax relief, loans or grants, requiring the owner to market and offer the Property for sale for a fair market price with appropriate preservation protections for a period of time not to exceed six (6) months, acquisition by a third party for a fair market value, Building and Zoning Code modifications, relaxation of the provisions of this ordinance, recommendation by the City Manager some or all of the applicable Board fees be waived, or such other relief as appropriate. 6. Appeal of Certificate of Appropriateness and Certificate of Economic Hardship Decisions. Any applicant may appeal a decision of the Board to the City Commission regarding an application for Certificate of Appropriateness and/or an application for Certificate of Economic Hardship. The applicant shall file a written notice of the appeal with staff within 30 days of the date of the hearing at which the Board’s decision on the application is announced. The City Commission shall place the matter on the Commission’s agenda within 45 working days from the date of the written notice of appeal. The meeting at which the appeal is placed on the agenda shall be no later than 60 working days from the date of the written notice of appeal. Consideration of the appeal by the City Commission shall be de novo review. The City Commission shall be required to apply the applicable standards and criteria set forth in this ordinance. 275 of 451 A decision of the City Commission may be appealed to a court of competent jurisdiction within thirty (30) days after the hearing at which the decision is announced. B. Historic District or Properties Designation. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well- defined application process, and information when designating a district as “historic” as defined in these Land Development Regulations. b. Applicability. This application shall be applicable to all improved property that meets the criteria of Chapter 4, Article IX, Section 6.C. Applications for historic designation may be initiated by only the following: (1) Historic Resources Preservation Board, herein referred to as “Board” (see Chapter 1, Article VII, Section 4). (2) City Commission. (3) A property owner for designation of a Site. (4) A simple majority of property owners within the proposed District under consideration for designation. For District designations, each Property shall be allotted one (1) vote. The identity of the property owners shall be determined by the most current Palm Beach County Tax Rolls. Only the Board or the City Commission may initiate designation of a property or district owned by the City, County, State or by an entity created by state law. c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation. 2. Submittal Requirements. Nominations for historic designations shall be made only on application forms approved by the Board. 3. Review Criteria. See Chapter 4, Article IX, Section 6.C. for the review criteria applicable to designating a district as 276 of 451 historic. 4. Approval Process. a. Board Agenda. Following staff determination that an application for designation is complete; the application shall be scheduled for a public hearing by the Board. b. Board Public Hearing Notice. The Board shall advertise and hold a public hearing in accordance with the following public noticing requirements: (1) For the proposed designation of an individual site, the applicant, at least ten (10) calendar days prior to the date set for the public hearing, shall: (a) Mail a notice of the time, place and subject matter of the public hearing to any owner of abutting or adjacent property as determined by the Historic Preservation Planner. (b) Post one (1) sign for each street frontage of the property in a prominent location. (2) For the proposed designation of a historic district, the applicant(s), at least ten (10) calendar days prior to the date set for the public hearing, shall: (a) Mail a notice of the time, place and subject matter of the hearing to any owner of real property within 400 feet of district subject to potential designation, (b) Post signs in prominent locations along public streets at the outer boundaries of the proposed district in such a manner as will assure that the signs will be seen by as many affected property owners as possible Signs shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Minimum sign size shall be 24” wide by 18” high. 277 of 451 c. No Action Permitted During Pendency. During the period that a designation application is pending, no changes to the property or district shall be made unless first approved by the Board. The application is considered “pending” until the final decision on the designation is made by the City Commission. d. Board Recommendations. The Board shall make a recommendation as to the proposed designation at the public hearing, based on findings of fact which support the recommendation. The Board’s recommendation shall be reduced to writing within 15 working days after the hearing date. If the Board votes to recommend approval, it will forward the application with recommendations to the City Commission. If the Board recommends denial, no further action is required unless an applicant, or not less than two- thirds of the affected property owners (in the case of a District), appeals to the City Commission. In such event the City Commission may reconsider designation or require the Board to do so. e. City Commission Decision. Following the Board hearing, a designation application with a Board recommendation for approval shall be scheduled for hearing by the City Commission. The City Commission may approve or deny the designation application. Alternatively, the City Commission may approve the designation with conditions or delay designation for up to one (1) year. The City commission shall make written findings of fact on which its decision is based. f. Boynton Beach Register of Historic Places. A Resource designated by the City Commission as historic shall be listed in the Boynton Beach Register of Historic Places. The Register shall be updated periodically and the inventory material will be open to the public. Inventory materials shall be compatible with the Florida Master Site File and duplicates of all inventory materials will be provided to the State Historic Preservation Office. Resources listed in, or eligible for listing in the National Register or on the Boynton Beach Register of Historic Places, either as a Property or as a Contributing Property within a District, may be entitled to modified enforcement of the City’s applicable building and zoning codes, if in accord with the Design Guidelines Handbook. g. Designation Recorded. The historic designation ordinance shall be recorded in the Official Records of Palm Beach County. Boundaries for historic 278 of 451 districts and individual properties identified in the ordinance shall be clearly established. The designation shall be noted in the official records of the City’s Planning & Zoning and Building Departments to ensure that all City actions taken in connection with the subject property or district are taken subject to the designation. h. Historic District Street Signs. For Districts, the City shall erect standardized street signs identifying the District within two (2) years from the date of such designation, subject to economic feasibility. The design shall be first approved by the Board. C. Historic Preservation Property Tax Exemption Application. 1. General. a. Purpose and Intent. The purpose and intent of this subsection is to set forth a uniformed procedure, well- defined application process, and information to guide in the review of Historic Preservation Property Tax Exemption submittals. b. Applicability. This application shall be applicable to all improved property that meets the criteria of Chapter 4, Article IX, Section 6.E. c. Terms and Definitions. See Chapter 1, Article II for definitions and terms associated with historic preservation. 2. Submittal Requirements. See Chapter 4, Article IX, Section 6.E for the submittal requirements of this application. 3. Review Criteria. See Chapter 4, Article IX, Section 6.E. for the review criteria applicable to the Historic Preservation Property Tax Exemption. 4. Approval Process. An application for historic designation shall be conducted in accordance with the procedures set forth in Chapter 4, Article IX, Section 6.E. Section 7. Other Applications. A. Certificate of Conformity… B. Lot Line Modification… C. Mobile Vendor Approval… D. Modification to Development Order… E. Sidewalk Café Approval… F. Wireless Communication Facilities (WCF)… 279 of 451 G. Zoning Verification… PART III (LDR), CHAPTER 2, ARTICLE IV BUILDING DIVISION SERVICES Section 1. General… Section 2. Building Permit. A. General… B. Submittal Requirements… C. Review Criteria… D. Approval Process… E. State of Florida Fees… F. Miscellaneous. 1. Revocation of Permits… 2. Certificate of Occupancy. No building or structure hereafter erected or structurally altered shall be issued a certificate of occupancy until the Building Official makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions of this ordinance, and of all other applicable ordinances. Upon the issuance of a certificate of occupancy, an improved site must be maintained in compliance with the approved site plan. Part III (LDR), Chapter 3, Article III ZONING DISTRICT AND OVERLAY ZONES Section 1. Overview. A. General… B. Residential Building and Site Regulations (Table 3-1). See next page 280 of 451 C. Non-Residential Building and Site Regulations (Table 3-2)… D. Mixed-Use Suburban Building and Site Regulations (Table 3- 3)… 281 of 451 E. Mixed-Use Urban Building Site and Site Regulations (Table 3- 4). 282 of 451 MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 53355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0 333 100 100 3.5 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5 4 Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0 Building Setbacks Build-to-line 11 (feet): 10 1010 1010 1010 10 Front abutting a public right-of-way 0 to 10 0 to 10 0 to 10 0 to 15 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 1213 Rear abutting : 7 8777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12121212 All other uses: 10 10 10 10 1213 Side abutting : 7 7, 8777 Residential single family: 25/ 0 25 25 25 12121212 All other uses: 10 10 10 10 Usable Open Space, Minimum 13 14 2% (square feet): 1.May be reduced if frontage extends from right-of-way to right-of-way line. 2.Minimum of 50 feet, if frontage is on a collector/local collector roadway. 3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval. For properties abutting the MU-H district located east of US 1, the area of increase for height shall extend a distance of 100 feet from the MU-H zoning district line and shall require conditional use approval; however, no increases in density and FAR are allowed. Must also have principal frontage on Arterial roadway. 4.Must also have frontage on local collector or higher roadway classification. 5.Maximum height on any street frontage is 40 feet. Maximum height on Intracoastal Waterway is 35 feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6.Maximum height reduced to 125 feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of- way. 7.Plus one additional foot for each foot of height over 35 feet. 8.Where there is an intervening right-of-way of at least 40 feet. 9.Subject to permitting agency approval. 10.Sidewalk of at least 10 feet required. Setback may be greater if public plaza/gathering space is provided. Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. See Section 5.C.2 below for additional relief provisions from build-to line requirements. 11.Listed eligible Historic structures are not required to meet these standards. 12.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.3 below. 13.Usable 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. See Chapter 4, Article III, Section 8 for additional regulations. 12.Reduction in setback may be allowed if void of negative impacts on adjacent use or on development potential of adjacent property. 13.The ultimate setback is also a factor of height and application of the Sky Exposure Plane in accordance with Section 5.C.2 below. 14.Usable 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. See Chapter 4, Article III, Section 3.B. for additional regulations. Section 2. Residential Districts. 283 of 451 A. R-1-AAB SINGLE-FAMILY RESIDENTIAL DISTRICT… B. R-1-AA SINGLE-FAMILY RESIDENTIAL DISTRICT… C. R-1-A. SINGLE-FAMILY RESIDENTIAL DISTRICT… D. R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT… E. R-2 SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICT... F. R-3 MULTI-FAMILY RESIDENTIAL DISTRICT… G. IPUD INFILL PLANNED UNIT DEVELOPMENT DISTRICT. 1. General… 2. Use(s) Allowed… 3. Building and Site Regulations (Table 3-11)… 4. Review and Approval Process… 5. Parking… 6. Modifications… 7. Miscellaneous. a… b. See Chapter 4, Article III, Section 4 3.J for additional community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c… d… e… f… g… h… Section 3. Commercial Districts… Section 4. SMU MIXED-USE SUBURBAN DISTRICT. A. General… B. Use(s) Allowed… C. Additional Use Regulations… D. Building and Site Regulations. 1. Building and Site Regulation (Table 3-20). 284 of 451 2. Building Height Measurement… 3. Height Setback Envelope… E. Review and Approval Process… F. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V Minimum Off-Street Parking Requirements. 285 of 451 See Chapter 4, Article III, Section 6.F.4 for additional community design standards pertaining to off-street parking. 1. Freestanding Parking Garages. As required by Chapter 4, Article III, Section 3.C.4.b. 2. Building Integrated Garages. As required by Chapter 4, Article III, Section 3.C.4.c. 3. Off-Street Parking Facilities. The SMU district contains additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 3.C.4 for these additional development standards. G. Modifications… H. Miscellaneous… Section 5. Mixed-Use (Urban) Districts… A. General… B. Use(s) Allowed… C. Building and Site Regulations. 286 of 451 MIXED USE, URBAN MU-L1 MU-L2 MU-L3 MU-H Lot Area, Minimum (acres): Public park: N/A N/A N/A N/A All other uses: 0.50 0.75 1 1 12 Lot Frontage, Minimum (feet): 100 100 150 200 Structure Height, Minimum 30 30 30 30 (feet): Maximum Building / Structure Height (HT), Density (DU), and Floor-Area-Ratio (FAR): Classification of project frontage on type of roadway: 53355, 6 HT DU FAR HT DU FAR HT DU FAR HT DU FAR 65 / 75 / 3.0/ 150/ Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0 333 100 100 3.5 125 Collector: 45 20 1.0 65 30/40 2.0/2.5 75 40 3.0/3.5 125 80 4.0 Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 40 3.0 55 60 3.5 4 Local: 45 20 1.0 45 30/40 2.0/2.5 45 20 1.0 45 20 1.0 Building Setbacks Build-to-line 11 (feet): 10 1010 1010 1010 10 Front abutting a public right-of-way 0 to 10 0 to 10 0 to 10 0 to 15 10101010 Rear: 0 0 0 0 10101010 Interior side: 0 0 0 0 Building Setbacks, Minimum 11 (feet): 1213 Rear abutting : 7 8777 Residential single family: 25/ 0 25 25 25 99 Intracoastal waterway: 25 25 0 0 12121212 All other uses: 10 10 10 10 1213 Side abutting : 7 7, 8777 Residential single family: 25/ 0 25 25 25 12121212 All other uses: 10 10 10 10 Usable Open Space, Minimum 13 14 2% (square feet): 1. Building and Site Regulation (Table 3-21). 287 of 451 2. Minor and Major Variations to Build-to Line Requirements. Notwithstanding the required build- to line requirement of Note #10 above, portions of buildings and structures may be constructed in excess of the distance specified in the above table, but not to exceed 15 feet in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 3. 2. Sky Exposure Plane… D. Review and Approval Process… E. Parking. 1. General Requirements… 2. Reduced Parking Requirements in MU-H district… 3. Off-Street Parking Facilities. The Mixed Use (Urban) districts contain additional standards relative to location and appearance of off-street parking facilities. Refer to Chapter 4, Article III, Section 6.F 3.C.3 for these additional development standards. F. Miscellaneous. 1. Access… 2. Building Location. See Chapter 4, Article III, Section 6 3.H.2. 3. Location of Dumpsters and Trash Receptacles… 4. Shade and Shelter. See Chapter 4, Article III, Section 6 3.H.3. 5. Sidewalks in MU-H District. See Chapter 4, Article III, Section 6 for community design standards related to sidewalks VIII, Section D. 6. Landscape and Streetscape Design… 288 of 451 Section 6. Industrial Districts. A. M-1 INDUSTRIAL DISTRICT. 1. General… 2. Use(s) Allowed… 3. Building and Site Regulations (Table 3-22). BUILDING / SITE REGULATIONS M-1 District Minimum lot area: 10,000 s.f. 1 Minimum lot frontage: 0 feet Minimum yard setbacks: Front: 15 feet Rear: 20 feet 2 1 Abutting: Residential district(s) 30 feet Interior side: 15 feet 3 2 Abutting: Residential district(s) 30 feet Corner side: 15 feet 60% Maximum lot coverage: 0.50 4 3 Maximum Floor Area Ratio (FAR) Maximum structure height: 45 feet 5 4 1 A property that does not meet this minimum size shall be considered conforming only if it contains a whole platted lot and was not in combination with other lots under the same ownership at the time of the effective date of this ordinance (October 2, 2012), in which the cumulative size would have met the minimum required by code. Any such undersized lots that are further subdivided and reduced in size shall be considered non-conforming pursuant to Chapter 3, Article V, Section 11. 2 1 Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to 10 feet. 3 2 Where rear yard abuts a paved alley or street, then no side setback shall be required. 4 3 A Floor Area Ratio (FAR) up to 0.50 may be considered for industrial uses allowed within the M-1 district (see “Use Matrix” – Chapter 3, Article IV, Section 3.D), pursuant to the 289 of 451 Industrial Future Land Use classification of the Comprehensive Plan. 5 4 Not to exceed four (4) stories. Section 7. Miscellaneous Districts. Section 8. Overlay Zones A. URBAN CENTRAL BUSINESS DISTRICT OVERLAY ZONE… B. MARTIN LUTHER KING JR. BOULEVARD OVERLAY ZONE… C. URBAN COMMERCIAL DISTRICT OVERLAY ZONE. 1. Intent… 2. Objectives… 3. Defined. The Urban Commercial District Overlay Zone (UCDOZ0 is established in the city redevelopment plans as the geographical area defined by the following boundaries: a. Federal Highway Corridor Community Redevelopment Plan… b. The Ocean District Community Redevelopment Plan… c. Boynton Beach Boulevard Corridor Plan. The boundary is the commercially-zoned parcels located along west Boynton Beach Boulevard, east of Interstate 95, and west of Seacrest Boulevard. 4. Conflict… 5. Building and Site Regulations (Table 3-26). Development within this Overlay Zone shall be in accordance with building and site regulations applicable to the underlying zoning district except as follows: BUILDING SITE REGULATIONS Urban Commercial District Overlay Zone Build-to line: Front (abutting any public right-of-way): 0 ft 1 Rear: 1 0 ft Interior side: 1 0 ft Minimum yard setbacks: Rear (abutting residential district): 30 feet Interior side (abutting residential district): 15 feet Maximum structure height: Zoning 2 290 of 451 1 Buildings and structures shall be located no farther than zero (0) feet from the property line, excluding those instances where strict adherence hereto would cause visual obstructions to vehicular traffic, particularly within the triangular-shaped area of property formed by the intersection of two (2) rights-of-way. Notwithstanding the required build-to line requirement, portions of buildings and structures may be constructed in excess of the distance specified above, but not to exceed 15 feet when necessary to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; and/or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas in order to further the purpose and intent of the Overlay Zone. Major deviations from the build-to line requirement above (in excess of 15 feet) may be allowed, but only with sufficient justification and contingent upon the approval of a Community Design Appeal application (see Chapter 2, Article II, Section 4.B). 2 Shall be defined by the applicable zoning district. BUILDING / SITE REGULATIONS Urban Commercial District Overlay Zone Minimum yard setbacks: Front: 5 ft – 15 ft Rear: Zoning 1 Interior side: 0 ft – 15 ft Abutting: Residential district: 15 feet Corner side: 10 ft – 15 ft Maximum lot coverage: 40% Maximum structure height: Zoning 1 1 Shall be defined by the applicable zoning district. 6. Parking… 7. Miscellaneous. a. Landscape and Streetscape Design… b. Building Location. See Chapter 4, Article III, Section 6 3.H.2. c. Shade and Shelter. See Chapter 4, Article III, Section 6 3.H.3. D. OCEAN AVENUE OVERLAY ZONE (OAOZ)… 1. Purpose and Intent… 291 of 451 2. Defined… 3. Conflict… 4. Uses Allowed. .. 5. Building and Site Regulations (Table 3-27). Development within this Overlay Zone, including proposed expansions and additions to existing structures shall be in accordance with the building and site regulations as follows: BUILDING / SITE REGULATIONS 1 Ocean Avenue Overlay Zone (Single Lot Depth) 5,000 s.f. Minimum lot area: 50 feet Minimum lot frontage: Build-to-line Maximum build-to line: Front: 5 ft – 15 ft 2 Corner side: 2 5 ft – 15 ft Minimum yard setbacks: Rear: 10 feet Abutting: Residential district: 20 feet 3 Interior side: 7.5 feet 4 Abutting: Historic structures: 10 feet 65% Maximum lot coverage: 35 feet 5 Maximum structure height: (Double Lot Depth) All new developments with double lot depth shall be constructed in accordance with the Mixed-Use Low Intensity (MU-L1) zoning district building and site regulation Table 3-21 in Section 5.C above, except as contained herein. See “Single-Lot Depth” above for all proposed expansions or additions to existing structures. 35 feet 5 Maximum structure height: 6. Accessory Structures… 7. Parking… 8. Landscape and Streetscape Design… 9. Building Design. 10. Signage and Exterior Lighting Standards… Section 9. Penalties… PART III (LDR), CHAPTER 3, ARTICLE IV USE REGULATIONS Section 1. Operational Performance Standards… 292 of 451 A. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of Part II, Section 15-8 of the City of Boynton Beach Code of Ordinances. Any use wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non-amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by a disc jockey (DJ), master of ceremonies (MC), karaoke, or the like shall be subject to the Live Entertainment Permit requirement of Part II (City Code of Ordinances), Chapter 13, Article IV, Section 13-80. Section 2. Hazardous / Toxic Waste and Substances… Section 3. Use Regulations… Section 4. Conditional Uses. A. Applicability... B. Definition… C. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, 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 has been made concerning all of the following standards, where applicable: 1… 2… 3… 4… 5… 6… 7… 8… 9… 10… 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and 12. Compliance with, and abatement of nuisances and hazards in accordance with the Operational Performance Standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, Part II, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances.; and A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site 293 of 451 nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis. A live entertainment permit shall be required if for a bar/nightclub use pursuant to the requirements of proposes live entertainment as defined in Chapter 3, Article IV, Section 1.a, and Part II (Code of Ordinances), Chapter 13, Article IV, Section 13-80. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer, unless a Live Entertainment Permit is applied for and received in accordance with Chapter 13, Article III “Live Entertainment Permit” (13-80): a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment; c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound- reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and / or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. PART III (LDR), CHAPTER 3, ARTICLE V SUPPLEMENTAL REGULATIONS Section 1. General… Section 2. Walls and Fences. Walls and fences are allowed in all zoning districts within all required yards and shall be regulated as follows: 294 of 451 A. Location and Height… B. Cross-Visibility and Safe Sight… C. Design. Walls and fences shall be symmetrical in appearance with columns and posts conforming to a definite pattern and size of uniform design and separation. The wall or fence shall be kept in good repair and be continuously maintained in its original appearance. All walls and fences shall be erected with the finished side facing adjacent properties. The face of any fence or wall visible to the public shall also be finished. The exterior surface of a wall shall be finished with paint, stucco, or other commonly accepted material. See Chapter 4, Article III, Section 3.E for additional standards regarding the appearance of walls and fences. D. Dangerous Materials… E. Attachments… F. Construction Sites… G. Easements… H. Buffer Walls… I. Low Voltage Security Fencing… Section 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. A. Building Appurtenances… B. Decks, Patios, Steps, Stoops, and Terraces (Unenclosed and Uncovered). Unless otherwise regulated by a master plan or site plan for a planned development, unenclosed and uncovered decks, patios, steps, stoops, and terraces less than or equal to one (1)-foot in height shall be setback at least two (2) feet from any property line. Those with heights between greater than one (1) foot but less than or equal to and three (3) feet shall be setback at least three (3) feet from any property line. In both instances, they shall be maintained and drained so as to prevent nuisance conditions to the public and/or abutting property owners. Decks, patios, 295 of 451 steps, stoops, and terraces greater than three (3) feet in height shall comply with the minimum setbacks required for the principal building. Driveways for residential off-street parking areas shall be regulated in accordance with Chapter 4, Article V, Section 2.B. C. Screened-Roof Enclosures… D. Swimming Pools and Spas… Section 4. Sale of Used Merchandise… Section 5. Exterior Display of Merchandise… Section 6. Special Sales Event… Section 7. Seasonal Sales Event… Section 8. Permanent Exterior Storage of Merchandise and Equipment. A. Purpose and Intent… B. Districts… C. Site Plan Required… D. Type of Merchandise / Equipment. The permanent exterior storage of retail merchandise or equipment is allowed, provided that said merchandise / equipment is owned by the operator of the respective business occupying the establishment, and is of the same type of merchandise or equipment typically sold or stored within the principal building. No exterior storage of building or construction materials shall be allowed anywhere, except for that which is stored in connection with a lawfully operating business (e.g., C) as provided for in ONTRACTOR Chapter 3, Article IV, Section 3. E. On-Site Location… F. Size… G. Screening... Section 9. Sidewalk Cafés… Section 10. Mobile Vendor Regulations… Section 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 district, R-1A district, R-2 district, and R-3 district.. 2. R-2 district… 3. R-1AA district… 4. R-1AAB district… 5. Densities… 6. Minimum Development Regulations. Nonconforming lots which may be developed without requiring the approval of a variance, and which lie in residential districts, shall meet the minimum property development regulations that are generally applicable in the district; except, however, that the minimum setbacks shall be as follows: 296 of 451 … 7. Nonresidential Districts. a. Generally. In nonresidential districts, additional floor area and / or expansions to nonconforming buildings and structures are allowed, provided that the development meets all district setbacks. In nonresidential zoning districts, excluding M-1 Light Industrial, if both the lot area and lot frontage are not less than 85% of that required for the particular district, then structures and floor area may be added and the use may be changed from a residential to a nonresidential use on a nonconforming lot, without requiring the approval of a variance for the lot area or lot frontage. If either the lot area or lot frontage is less than 85% of that required for the particular district, then approval of a variance would be shall be required in order to add structures or add floor area to existing buildings or to change the use from a residential to a nonresidential use. Improvements which do not add structures or floor area or change the use of the property shall be permitted, regardless of lot size or frontage. For nonconforming lots which are vacant or are proposed to be cleared and redeveloped, approval of a variance shall be required prior to the construction of any structures or establishment of any use on the lot or parcel. The value of buildings shall be determined from the latest tax rolls on file at the Palm Beach County Property Appraiser's Office. b. M-1 District. A property that does not meet the minimum lot size required by Chapter 3, Article III, Section 6.A.3 shall be considered conforming only if it contained a whole platted lot prior to the effective date of this ordinance (October 2, 2012), and was not in combination with other in which the cumulative size would have met the minimum required by code. c. Landscaping. All developed or redeveloped lots zoned M- 1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code to the maximum extent feasible (see Chapter 4, Article II, Section 4.B). B. Buildings and Structures…. PART III (LDR), CHAPTER 4, ARTICLE I ENVIRONMENTAL PROTECTION STANDARDS 297 of 451 ARTICLE I ENVIRONMENTAL PROTECTION STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Preservation Principals… Section 4. Standards… A. General… B. Preservation Efforts… C. Mitigation of Existing Trees (Table 4-1 Mitigation of Existing Trees). All existing trees that are not preserved in place or relocated on- site shall be mitigated in connection with a land development permit. The equivalent replacement for existing trees shall be based on caliper dimension or type of tree as indicated in the table below: Type of Replacement Tree Type of Existing Canopy Tree Canopy Tree Large Palm Small & 1 Tree Tree (< 24” Caliper) (> 24” Caliper) Medium Size Palm Trees Canopy Tree 223 1 tree 1 tree 2 trees 3 trees (< 24” Caliper) Canopy Tree 223 1 tree 1 tree 4 trees 3 trees (≥ 24” Caliper) 1 tree 1 tree 1 tree 3 trees Large Palm Tree Small & Medium 1 tree 1 tree 1 tree 1 tree Size Palm Trees 1 Large palm trees are those species, such as Florida Royal, Canary Island Date, or any other palm species determined by staff to provide similar or greater shading compared to a canopy tree. 2 The cumulative caliper inches of existing trees to be removed shall be replaced on-site with an equal or greater number of caliper inches of a replacement canopy tree or trees. 3 A cluster of three (3) small or medium size palm trees shall be the equivalent replacement of one (1) canopy tree up to a size of 24 caliper inches. One additional cluster of palm trees shall be required for each increment of four (4) caliper inches (the common mathematical rule of rounding shall be used when tabulating partial increments). For canopy trees having a trunk size equal to or greater than 24 caliper inches, no more than 50% of the caliper inches of the replaced canopy tree shall be substituted with palm species. PART III (LDR), CHAPTER 4, ARTICLE II LANDSCAPE DESIGN AND BUFFERING STANDARDS 298 of 451 ARTICLE II LANDSCAPE DESIGN AND BUFFERING STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Landscape Design Principles… Section 4. Standards. A. City-Wide Standards. The following standards shall apply to all properties in the City, except for those exempted in Section 1.E of this article: 1. Native and Drought Tolerant Species… 2. Prohibited Species…. 3. Plant Material… a. Trees… (1) Signature Tree… (2) Species. The minimum number of different species of trees provided shall be as follows: (i) Table 4-2 1 Tree Species… (ii) Signature trees… (iii) Small and medium palm Palm species, in a cluster of three (3) trees with varying heights, shall represent the equivalent of one (1) canopy tree or large palm tree. For the purposes of this subsection, large palm trees are those species, such as Florida Royal, Canary Island Date, or any other palm species determined by staff that has the same visual/shading effect as that of a canopy tree. (iv) No more than 50% of required trees on a lot within commercial or mixed-use zoning districts shall be comprised of palm species. b. Shrubs and Hedges… c. Vines… d. Lawn… 4. Existing Plant Material… 5. Water Source… 299 of 451 6. Irrigation… 7. Installation… 8. Mulch (Non-living Plantings)… 9. Upland Buffer / Littoral Plantings… 10. Landscaping within Easements… 11. Landscaping within Rights-of-Way… 12. Landscaping within Off-Street Parking Lots… a. Required Landscaping… b. Tree Size and Type… c. Large Islands… d. Small Islands… e. Plantings… f. Cross Visibility… g. Lighting… h. Entrances/Exits. Design emphasis shall be given to the entrances and exits to parking areas through the use of landscaping unless otherwise determined by staff to be contrary to the design objectives and principles of this article and/or Chapter 4, Article III. 13. Maintenance... 14. Cross-Visibility and Safe-Sight… 15. Raised Planters… 16. Maximum Height of Hedges… 17. Soils… 18. Pesticides… 19. Crime Prevention Through Environmental Design (CPTED)… 20. Non-Conforming Lots. All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code of Section 4.B below to the maximum extent feasible. B. Urban Landscape Code. 1. General. a. Applicability. The “urban landscape code” shall apply to all properties currently zoned Central Business District (CBD), any properties located within the Mixed Use (urban) districts (see Chapter 3, Article III, Section 5), the Infill Planned Unit Development (IPUD) district (see Chapter 3, Article III, Section 2.G.), or any commercially-zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article 300 of 451 III, Section 8). All developed or redeveloped lots zoned M- 1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code to the maximum extent feasible. b. General Rules… 2. Landscape Strip Abutting Rights-of-Way… 3. Perimeter Landscape Buffers. a. General… b. Performance Standards… c. Design Standards. Perimeter landscape buffers shall be applied and designed as follows: (1) Table 4-3 2. Urban Landscape Buffer (Type 1). (2) Table 4-4 3. Urban Landscape Buffer (Type 2). (3) Table 4- 5 4. Urban Landscape Barrier. (4) Notes… d. Exceptions (Cross Access)… e. Along Florida East Coast Railroad… f. Miscellaneous… 4. Interior Open Space. See usable open space requirements of the Infill Planned Unit Development (IPUD) zoning district in Chapter 3, Article III, Section 2.G 4, Article III, Section 3.B. 5. Streetscape Design… C. Suburban Landscape Code. 1. General… 2. Landscape Strip Abutting Rights-of-Way… 3. Perimeter Landscape Buffers. a. General… b. Standards. Perimeter landscape buffers shall be applied and designed as follows: 301 of 451 (1) Table 4-6 5. Suburban Landscape Buffer (Type 1). (2) Table 4-7 6. Suburban Landscape Buffer (Type 2). (3) Table 4-8 7. Suburban Landscape Buffer (Type 3). (4) Table 4-9 8. Suburban Landscape Barrier (5) Notes… c. Exceptions (Cross Access)… d. Along Florida East Coast Railroad… . e. Miscellaneous… 4. Interior Open Space… a. Multi-family and Planned Developments… b. SMU Suburban Mixed Use District. See usable open space requirements of the Suburban Mixed Use (SMU) district in Chapter 3, Article III, Section 4 Chapter 4, Article III, Section 3.B. c. PID Planned Industrial District… Section 5. Alternate Compliance. A. General… 1. Purpose and Intent… 2. Administration… 3. Applicability... 4. Nonconforming Lots. All developed or redeveloped lots zoned M-1 or C-4 and determined to be valid nonconforming lots relative to minimum lot area standards shall provide landscaping on-site that meets the intent of the urban landscape code of Section 4.B above to the maximum extent feasible. An Alternative Landscape Plan (ALP) may be utilized to consider spatial limitations, limited visibility by the general public, and use characteristics of the subject and adjacent properties. Landscape design should emphasize canopy trees along the perimeter of the site with hedge and groundcover plantings only required between the building and any street right-of-way. However, lots with a side corner yard abutting an improved right-of-way and those abutting residentially zoned property will be required to screen off-street 302 of 451 parking and storage areas with understory plantings in addition to the canopy trees (the need for understory plantings may be eliminated if adequate buffering is achieved with an enhanced buffer wall, or where a wall would limit access and prevent proper maintenance of landscaping materials). On lots abutting the Florida East Coast (FEC) Railroad right-of-way, landscaping in accordance with the provisions of Chapter 4, Article II, Section 4.B.3.c shall be provided. Where deficiencies occur due to site constraints, other methods of landscaping (e.g., landscape cut-outs, planter pots, hanging baskets, etc.) may also be incorporated into the design to achieve site buffering as intended by City standards. B. Alternative Landscape Plan (ALP)… Section 6. Community Design. A. General. 1. Purpose and Intent… 2. Administration… 3. Applicability… 4. Relief from Standards. Any deviation from these landscape standards shall require a Community Design Plan Appeal (CDPA), which is subject to review and approval by the City Commission. A request for a CDPA shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. B. Foundation Landscaping Areas… C. Plazas. Plazas shall contain paved, open, and landscaped areas. At least one (1) tree shall be planted for each 900 square feet of plaza area. Shade trees shall be planted within the plaza area or along the periphery. See Chapter 4, Article III, Section 7 3.B for additional regulations regarding plazas and open space. D. Drive-through Facilities. Pursuant to Chapter 4, Article III, Section 3.J Chapter 4, Article III, Section 3.A.10, drive-through facilities shall not be allowed on any building facade that directly faces a public or private right-of-way. Landscape material may be used to provide additional screening to ensure that said facilities, located on eligible building facades, are not visible from abutting properties or rights-of-way (pubic and private). This landscape screen shall consist of trees, shrubs, a berm, or a combination thereof, necessary to achieve the desired buffering effect. E. Service Areas… F. Mechanical Equipment. If feasible, all above ground mechanical equipment such as exterior utility boxes, meters, and transformers shall be visually screened. Back-flow preventers shall be 303 of 451 painted to match the principal structure. See Chapter 4, Article III, Section 3.I A.9 for additional regulations regarding the screening of mechanical equipment. G. Dumpster Enclosure… H. Lift Stations… I. Base of Signs… J. Landscape Standards for Specific Uses… Section 7. Penalties…. PART III (LDR), CHAPTER 4, ARTICLE III EXTERIOR BUILDING AND SITE DESIGN STANDARDS ARTICLE III. EXTERIOR BUILDING AND SITE DESIGN STANDARDS Section 1. General. A. Purpose and Intent. The purpose and intent of this article is to provide important community design standards to ensure that the site layout, design, 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 objectives of this section and design 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 objectives of this article are as follows: 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 major intersections, points of interest, activity nodes, and / or prominent gateways to the City; 3. Versatility. Allow for buildings to be adaptively reused without the need for extensive remodeling or demolition, by designing them according to classic architectural styles and principles, as opposed to unique corporate themes, images, marketing strategies, or “disposable” prototypes; 4. Desirability. Sustain the comfort, health, tranquility, and contentment of residents and attract new residents by contributing to a desirable built environment; 5. Property Value. Minimize incompatible surroundings and visual blight which prevent orderly community development and reduce community property values; 304 of 451 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 Community. Foster civic pride and community spirit by maximizing the positive contribution of development to community attractions, gathering places, and streetscape. 8. Sustainability. 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. The Director of Planning and Zoning shall have the authority to interpret and administer this article. C. Applicability. The provisions of this article shall apply to all new construction, major modifications to existing sites in connection with site plan review (Chapter 2, Article II, Section 2.F), and minor modifications to building or sight elements that are regulated by this article, excluding those buildings and site improvements exempted in Section 1.D below. D. Exemptions. The following building and site improvements shall be exempt from the standards of this article: 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. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the regulations and standards contained herein. F. Rules. The regulations and provisions of this article shall be interpreted to represent the minimum requirements adopted for the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity, or general welfare. G. Conflict. Whenever the regulations and requirements of this code conflict with any other lawfully enacted and adopted rules, 305 of 451 regulations, ordinances, or laws, the most restrictive shall apply, unless otherwise stated herein. H. Relief from Standards. Any deviation from the exterior building and site design standards contained herein requires the approval of a Community Design Appeal application, which is subject to review and approval by the City Commission. All applications shall be reviewed in accordance with Chapter 2, Article II, Section 4.B. Section 2. Design Principles. This article is intended to promote imagination, innovation, and variety by focusing on design principles and encouraging creative solutions which serve the following purposes: A. Efficiency and Safety. The design and layout of the proposed development, as well as all new and existing buildings should provide an efficient arrangement of land uses. Particular attention should be given to safety, crime prevention, relationship to the surrounding neighborhood, impact on abutting and adjacent properties, pedestrian sight lines and view corridors. B. Compatibility. Buildings, structures and site elements are not required to match surrounding existing developments, but should be in visual harmony with surrounding developments. Likewise, buildings or structures located on separate parcels or part of a present or future multi- building complex, should achieve visual unity of character and design concepts through the relationship of building style, texture, color, materials, form, scale, proportion, and location. 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. 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. Design of projects should be tailored to the specific site and take into consideration the protection and enhancement of natural features adjacent to the site as an element in the overall design. C. Building Location and Appearance. All buildings and structures should be located and designed in such a manner as to enhance, rather than detract from, the overall quality of the site and its immediate environment. 1. Location. 306 of 451 a. Buildings should 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 consider the pedestrian and / or vehicular nature of the street on which it is located. 2. Appearance. a. All facades of a building that face or are visible from public or private streets should be designed to be as attractive in appearance as the front of the building. Likewise, building facades exposed to internal parking areas or adjacent residential or commercial properties should be 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 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 project 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. 307 of 451 Section 3. General Design Standards for Exterior Buildings. 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. All buildings, structures, and site improvements required under this section shall comply with the following community design standards: A. Architectural Enhancements. Façade articulation adds architectural interest and variety to the massing of a building and prevents a plain, monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the 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 lines 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: 1. Columns or pilasters; 2. Decorative cornices; 3. Horizontal banding; 4. Arches; 5. Decorative vents or louvers; 6. Moldings and trims; 7. Decorative shutters; 8. Bay windows; 9. Faux windows; 10. Art elements; and 11. Canopies, balconies, overhangs, and other horizontal projections. In addition, multi-story buildings shall incorporate these design features in conjunction with the architectural enhancements listed above within this subsection. B. Exterior Treatment and Finishes. Exterior building finishes shall be limited to: 1. Brick or brick veneer; 308 of 451 2. Stone or stone veneer; 3. Stucco; and 4. Split face (accent only), pre-formed, or textured masonry block. C. Symbols. Buildings, which are of symbolic design for reasons of advertising, unless otherwise consistent with the criteria herein, shall not be allowed. 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. D. Building Paint Color(s). 1. Purpose 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. 2. Applicability. 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. 3. Standards. a. A minimum combination of three (3) complimentary building colors shall be used for each development. Painted surfaces include the wall, trim, and accents. b. Color(s) shall be compatible with the surrounding area and used to complement the development; c. 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; d. When a non-residential building contains more than one (1) storefront, the building colors shall not be different to distinguish between each storefront; and 309 of 451 e. Stone or tile surfaces shall not be painted unless complimentary to the development. E. Awnings and Canopies. The following design standards shall be applied to awning and canopies within all districts: 1. 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; and 2. Size. The size of an awning should be proportional to the scale of the host building and the surrounding streetscape. 3. 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); and b. All awnings shall incorporate uniformity in their design (including valances). Scalloped valances may be permitted provided that their appearance and color is compatible with the type and shape of awning being used as well as with the architecture and materials of the building. c. No awnings, valances, or support structures (including signage attached thereto) shall be internally- illuminated or backlit. 4. Miscellaneous. a. 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. b. Maintenance. See Section 11 below for additional regulations regarding the maintenance of awnings and canopies. F. Monotony Restrictions. In order to enhance a desired character or appearance and to promote a variety of architectural structures, project may be required to include a diversity of floor plans and / or elevations, or a variety of residential housing models and / or architectural styles, including but not limited to floor plans, elevations, building scale, building massing, building proportion, architectural trim 310 of 451 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 10.A.3 below for additional monotony restrictions for wall and fences. G. Overhead Doors. 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, which include entrances to the City, the following exterior design requirements apply: 1. Overhead doors shall not be located on a building facade(s) visible from any of the above public or private rights-of-way; and 2. Building facades that are visible from any of the roadways listed above shall be designed in such a manner as to enhance and disguise the appearance of a warehouse and / or service area. H. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development (including drive aisles and parking 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. I. Mechanical Equipment. Lack of or inadequate screening of mechanical equipment can have negative visual impacts on the City's streetscape, ambient landscape, or community image. Mechanical equipment can further negatively impact the surrounding properties because of the noise that may be produced. Such impacts shall be minimized through compliance with the following requirements: 1. Rooftop. Rooftops will be treated as part of the building elevation. 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 311 of 451 mechanical equipment shall be located within the area of the roof surface that is farthest away from adjacent residential uses or residential zoned property. 2. 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. The intent is to create an opaque barrier constructed of compatible materials matching the building in color, or its equivalent in the form of landscaping, to a height at least equal to the highest point of the equipment. Structural screening shall be architecturally integrated into the overall project 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 adjacent residential uses or residential- zoned property as is feasible. J. Drive-Through Facilities and / or Walk-up Windows. Walk- up windows and drive-through facilities shall not be allowed on any building façade that directly fronts on a public or private right-of-way. On eligible building façades (sides and / or rear), the following design standards are required where windows for drive-through facilities are proposed: 1. 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 windows. 2. The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. 3. The building facade shall have at least one offset having a pitched roof. 4. Additional landscaping for the screening of drive-through facilities is required in accordance with Chapter 4, Article II, Section 6.D. Section 4. Design Standards for Multi-family and Non-Residential Uses Adjacent to Single-Family Residential Zoning Districts. A. General. 1. 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 impacts upon the lower intensity land uses through appropriate project orientation, additional setbacks for 312 of 451 taller structures and recreational facilities, compatible architectural treatments, and proper location and orientation of signs and lights. 2. Applicability. When a new development, other than a single-family or two-family dwelling unit abuts or is adjacent to a single-family residential zoning district due to an intervening local roadway, the following design standards in Section 4.B below shall apply: B. Standards. 1. Generally. All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adjacent residential uses. Compatibility shall be evaluated based upon how well the proposed development fits within the context of the neighborhood and abutting properties. Single-family homes located within planned districts, multi-family homes, mixed-use projects, and all non-residential uses, where abutting or adjacent to 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 layout of units of upper floors. 2. Standards for Planned Residential Districts (IPUD and PUD). Any IPUD or PUD located adjacent to single-family residential zoning must locate structures of the same unit type or height. However, if vegetation, screening or other barriers and / or creative design on the perimeter of an Infill Planned Unit Development (IPUD) or Planned Unit Development (PUD) district achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: a. 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 b. Additional setbacks are required for structures in excess of 30 feet in height pursuant to Chapter 3, Article III, Section 2. Section 5. Design Standards for Specific Uses in the Use Matrix (Table 3- 28). The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.D, contain special standards related to exterior building and site design: 313 of 451 A. Group Home Type 1. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. B. Auto Dealer, New. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. C. Auto Dealer, Used. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. D. Gasoline Stations. 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. E. Automobile Rental. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.G above for additional regulations regarding overhead doors. F. Marina, Including Yacht Club. 1. Architectural integration shall be encouraged through the choice of building materials, architectural style, extensive use of windows, and choice of soft, muted colors. 2. All buildings shall incorporate 360° architecture, a variety of massing and building heights, and stepping roof lines. 3. The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. 4. To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential character, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. 5. All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at 314 of 451 intervals of no more than 30 feet, either horizontally or vertically, unless a superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet in width. 6. As an alternative to the required façade offsets noted above, decorative and substantive roofline changes, when coupled with correspondingly aligned façade material changes, may substitute. 7. A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. 8. Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented towards a street; and, two and one half (2½) feet for rear facades. 9. Parapet walls shall feature three dimensional cornice treatments, to provide a finished look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the required parapet articulation. 10. All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. 11. On any retail or office building within a marine-oriented or water dependent project, or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. 12. On any retail or office building within a marine-oriented or water dependent project, on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade.. 13. On any retail or office building within a marine-oriented or water dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each one (1) foot. G. Day Care. Within all residential districts, the following shall apply: Building design shall be consistent with surrounding residential styles. 315 of 451 H. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right-of-way roadway, the following shall apply: 1. 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. 2. All facades visible from arterial roadways shall provide variety and interest in the façade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. 3. Within the SMU, MU-L1, 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 / or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. Section 6. Design Standards for Development in Urban Areas. A. General. 1. Purpose and Intent. The location of buildings/structures and off-street parking areas 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 that are tailored to distinct geographic areas of the City to ensure that the location and appearance of buildings/structures and off-street parking areas are appropriate with the type, intensity, scale, and location of redevelopment and new development. The intent of this section is to promote standards that are functional, practical, equitable, and creative. 2. Applicability. Unless otherwise specified, these standards shall apply to new projects and major modifications to existing developments located in the following: a. All properties currently zoned: (1) Central Business District (CBD); or (2) Any “Mixed-Use (Urban)” district. For the purpose of this section, Mixed-Use (Urban) districts shall include the Mixed Use-Low Intensity 1 (MU- 316 of 451 L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use- High Intensity (MU-H) district. b. Any commercially zoned property located: (1) Along Boynton Beach Boulevard, east of Interstate 95 and west of the Florida East Coast (FEC) Railroad right-of-way; (2) Within the Urban Commercial District Overlay Zone (UCDOZ); and (3) Within the Martin Luther King Junior Boulevard Overlay Zone (MLKBOZ). B. Building Location Standards. The revitalization of urban places depends on safety and security, with building/street design having a symbiotic relationship. The location of a building and its proximity/interaction with the public realm is paramount when trying to create urban areas that have a “sense of place” that is consistent with smart growth principles and neo-traditional planning efforts. Development must adequately accommodate automobiles, but in ways that respect pedestrians and the forms of public space and gathering areas. Each building shall meet the build-to line and reduced setback areas of the respective zoning district or Overlay Zone, whichever is applicable. The location of off-street parking areas is strongly discouraged between buildings and rights-of-way. However, in certain instances, this type of design may be impractical, and strict adherence may deter incremental improvements or upgrades to individual properties, which therefore, perpetuates the blighted conditions of the redevelopment areas. In these circumstances, deviations from the build-to line and reduced setback area requirements may be allowed, but only contingent the submittal of a Community Design Appeal application that satisfactorily addresses the evaluation criteria and when such application is approved by the City Commission. 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 major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. C. Shade and Shelter Standards. This region’s climate requires shade and shelter amenities in order to accommodate and promote pedestrian activity. These amenities will provide greater connectivity 317 of 451 between sites and allow for a more continuous and walkable network of buildings. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adjacent to or facing an arterial or collector roadway or adjacent 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 edge. Ramps for wheelchairs alongside the building must also be shaded. Building entrances shall be located under a shade device such as an awning or portico. D. Standards for Windows. Windows shall be located at pedestrian scale. E. Compatibility Standards. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. F. Off-Street Parking Area Standards. 1. Types of Off-Street Parking Facilities. The four (4) types of off-street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: a. 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. b. Understory Parking Garage. An off-street parking area located below gross building area. Parking stalls are typically located on or below ground level. c. 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. d. 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. 318 of 451 2. Standards for Mixed Use (Urban) Districts and Central Business District (CBD). This subsection shall be applicable to all new projects and major modifications to existing developments. 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 streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. 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 Section 6.B.2.a.(2) above: a. Surface Parking. Within the “Mixed-Use (Urban)” districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all “Mixed-Use (Urban)” districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the “Mixed-Use (Urban)” districts provided that they do not have frontage 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. Integrated Garages. 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 “Mixed-Use (Urban)” 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- 319 of 451 level activity by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject 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 façade features in order to soften its impact. 3. Standards for the “Overlay Zones” and Boynton Beach Boulevard. The purpose and intent of this subsection is to prevent the placement of off-street parking areas between the front of the building and the rights-of-way, particularly in areas where build-to line and reduced setback areas are applicable. Within redevelopment areas, the location of off-street parking areas is strongly discouraged between building and rights-of-way. However, when a project is proposed in such a manner that building location(s) would deviate from respective build-to line and reduced setback area requirements, resulting in a design that is contrary to the purpose and intent of Section 6.B above and this subsection, then that project shall be required to make upgrades to public realm and streetscape with simple but innovative urban design enhancements such as additional landscaping; pergolas/trellis-work/decorative structures; surface improvements to the pavement across driveways; short walls designed with benches and/or seating areas; public art; and the like, particularly in areas along the right-of-way where such deviations occur. 4. Standards for the Suburban Mixed-Use (SMU) District. a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. 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. Integrated Garages. 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 320 of 451 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 by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject 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 façade features in order to soften its impact. 5. Miscellaneous Standards. a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off-Site Parking. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. c. Interconnectivity. 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 4.D.3. d. Off-Street Parking for Large Non-Residential Development (Big Box). See Section 7.J below for additional regulations regarding off-street parking lot locations for large non-residential (big box) developments. e. Trash Collection Points. (1) Screening. See Chapter 4, Article VI, Section 4.C for additional regulations regarding the appropriate location and screening of trash collection areas. (2) Landscaping. See Chapter 4, Article II, Section 6.G for additional regulations regarding the landscaping of trash collection areas. G. Sidewalks. The following regulations shall apply to sidewalks: 321 of 451 1. “Urban Mixed Use” Districts. The following regulations shall apply to sidewalks in all Urban Mixed Use zoning districts as described in Section 6.A.2.a(2) above: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use-High Intensity (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. Section 7. Design Standards for Large Non-Residential Development (Big Box) in Suburban Areas. A. Purpose and Intent. Large commercial buildings have a major impact on the aesthetic fabric of a community. 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. Applicability. The following standards are applicable to any commercial structure in excess of 15,000 square feet, unless stated otherwise herein, excluding those properties located in urban areas as described in Section 6 above. 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 roadways. C. Façades. 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 322 of 451 appearance of the building, and reflect the local character of the community. These facades shall meet the following objectives: 1. Community integration shall be achieved through the choice of building materials, architectural style, extensive use of windows, and multiple complimentary paint colors. 2. Building design shall include a mix of massing and building heights, and varying roof lines on all facades. 3. Architectural styles shall not be used that are tailored to further "corporate" identity objectives rather than the existing or planned identity and character of the surrounding community, and which are inconsistent with these regulations. 4. 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. 5. 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 projection), at maximum intervals of 50 feet. The recess or projection 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. 6. 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 façade. 7. A minimum of two (2) different types of building materials, allowed under Section 3 above 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. 323 of 451 D. Roofline. 1. For flat rooflines, vertical articulation in parapet walls shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented toward a street; and, two and one half (2½) feet for rear facades. 2. A Parapet return is required with a length equal to or exceeding the required parapet articulation. 324 of 451 3. Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. 4. Articulation in the parapet wall shall coincide with the horizontal changes within the building, which are required under Section 7.C.5. E. Windows. 1. 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. 2. 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. 3. 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: a. Window construction using opaque glass shall appear identical to the transparent windows; b. Opaque windows shall not be superficially attached to the wall; c. Opaque windows shall not be perceptibly different in texture, color, or reflectivity than the glass of the transparent windows. 4. Architecturally ornate window boxes displaying merchandise only, may 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 buildings with shorter facades and those buildings without traditional front entrances. 325 of 451 F. Public Entrances. 1. A minimum of one (1) customer entrance should be provided on the front facade. 2. All sides of a building that directly face an abutting street, with no intervening building, should provide a customer entrance. 3. All public entrances to the building shall be the focal point of the façade through the use of a combination of the following architectural elements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. Design features may also include entry recesses / projections or locating display windows so that they are directly adjacent to the entrance. 4. 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 Section 7.J below for additional parking regulations. 5. 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 corner of the building cannot substitute or fulfill the requirement to provide entrances on both front and side façades. G. Covered Walkways. 1. Rules. 326 of 451 a. For the purposes of this subsection only, the “front” of a building is considered to be the building façade where a public entrance is proposed. A building that contains public entrances on two (2) or more facades is said to have multiple “fronts.” b. A building façade that is oriented toward a public street but does not contain a public entrance is considered to be a “side corner” façade. c. A building façade that is neither oriented toward a public street nor contains a public entrance is considered to be either the “side” or “rear” façade. d. A covered walkway is considered to be an “ARCADE, PEDESTRIAN” as defined in Chapter 1, Article II. e. The horizontal extent of a covered walkway shall be measured upon the entire length of a façade where required. f. Greater preference is placed on the proximity of a covered walkway to the location of the public entrance. 2. Covered walkways are required along building façades 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: a. Public entrance(s) on one (1) façade: Covered walkways are required along at least 70% of the front façade and at least 30% of the side corner façade. No covered walkways are required along the side or rear of the building. b. Public entrance(s) on two (2) or more facades: Covered walkways are required along at least 50% of each façade where a public entrance is proposed. No covered walkways are required along the side or rear of the building. c. Public entrance on corner of building: Covered walkways are required along a minimum of 50% of each façade where a corner entrance is proposed. The intent is to wrap each façade with a covered walkway, commencing at the corner where the public entrance is proposed. d. Covered walkways shall have a minimum external dimension of 10 feet in width. The minimum internal 327 of 451 dimension shall be seven (7) feet in width, absent of any obstruction by columns, furniture, and / or other appurtenances. H. Landscaping. 1. Foundation landscaping areas for large non-residential (big box) developments shall be required in accordance with Chapter 4, Article II, Section 6.B. 2. See Chapter 4, Article II, Section 6.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. I. 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: 1. 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 with the pedestrian amenity requirement of this subparagraph, provided that the public art is located in conjunction with another qualifying pedestrian amenity. 328 of 451 2. Pedestrian pathways through off-street parking areas shall be required in accordance with Section 7.J below. J. Off-Street Parking Lot Orientation. 1. 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. 2. Pedestrian pathways shall be required where parking spaces are located in excess of 400 feet from any customer entrance. 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. 329 of 451 3. 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 adjacent to a front or side facade containing a customer entrance. 4. Unique conditions associated with individual sites may justify 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 objectives. 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 objectives: a. Maximize the proximity of parking spaces to customer entrances; b. Reduce visual blight of large expanses of surface off-street parking areas; and c. Improve pedestrian connectivity in excess of the minimum standards. 5. Regulations shall be enforced in zoning districts and overlay zones where the objective is to discourage or prohibit off- street parking areas between the building and the rights-of-way. K. Miscellaneous. 1. Buildings should be configured so they complement outdoor spaces. Walkways, entrances and gathering areas should have shading features, such as trees, landscaping, trellis structures, 330 of 451 projecting 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. Outdoor employee areas should be integrated into the site design, but should be separated from general public circulation with screening. 2. 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 building. 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. 3. See Section 10.B below for additional regulations regarding the design of transit shelters where abutting or located within large non-residential (big box) developments. 4. 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. Section 8. Open Space and Plaza Requirements. A. General. 1. Purpose and Intent. Open air and semi-enclosed public gathering 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. 2. 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 zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 7.B. below. 3. Applicability (by Zoning District). a. Mixed Use-High Intensity (MU-H) District. Pursuant to Chapter 3, Article III, Section 5.C.1, usable open space shall be required for all developments 331 of 451 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. Infill 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.3. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Interior and open spaces shall meet the following criteria: (1) Shall be required for residential development projects and mixed-use residential projects; (2) Shall be designed to be available and accessible to every dwelling unit proposed; (3) Shall include consolidated areas principally set aside for active or passive recreational space; (4) Shall, where feasible, be centrally located in the development; (5) May be designed or sited in conjunction with but shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation / natural areas, and water bodies.; and (6) 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 4.D.1. In addition, the following standards shall apply: (1) Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, drives, parking areas, or structures other than recreational structures. (2) All least 50% of the required usable open space for single family residential uses shall be contained in one (1) or more common pooled areas and a rectangle inscribed within each common 332 of 451 pooled area shall have no dimension less than 75 feet; and (3) Up to 50% of the usable open space required for all other uses may be hardscaped plazas and public gathering places. B. Design Standards. Where required or recommended, plazas and usable open space shall be designed as follows: 1. Location. a. 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; b. 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 configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor; c. Where private common open space areas, trails, parks, or other public spaces exist adjacent 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 adjoin, extend, and enlarge the presently existing trail, park, or other open area land; d. At minimum, the area shall be lighted to meet the requirements of crime prevention through environmental design (CPTED) principles; and e. 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: (1) Wetlands; (2) Flood hazard areas; and (3) Tree preservation areas. 2. Materials. Plazas shall be designed with pavers and landscaped areas in order to provide a place for the public to enjoy the outdoors. Boardwalks may be used if the property is located 333 of 451 along the Intracoastal Waterway provided that the boardwalk area is sized comparably with the intent of this subsection. 3. Seating Areas. At least one (1) linear foot of seating for every 30 square feet of plaza space is required. Seating surfaces shall have a minimum depth of 20 inches; 4. Access. a. Pedestrians shall have direct access to the plaza from at least one (1) major thoroughfare and at least 50% of the plaza frontage; b. 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. c. Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles; 5. Landscaping. a. Landscape strips and perimeter landscape buffers, required under Chapter 4, Article II, Section 4 cannot count towards the minimum requirements of this subsection; and b. Trees are required in accordance with Chapter 4, Article II, Section 6.B. 6. Maintenance. All common open space or pedestrian amenity areas shall be maintained by the owner(s) of the development. Section 9. Standards for Pedestrian and Bicyclist Amenities. A. General. The purpose and intent of this section is to provide regulations that require developments to plan for pedestrian circulation and access; 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 objectives 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 334 of 451 the number of employees, forecasted anticipated number of customers and projected bicycle and pedestrian traffic. B. Standards. 1. Circulation. a. Pedestrian circulation should be carefully planned in order to prevent conflict between pedestrian areas and vehicular use areas. b. In all cases, pedestrian access shall be provided to public walkways. c. Pedestrian circulation design shall promote interconnectivity with and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled (VMT). 2. Table 4-10. Pedestrian & Bicyclist Amenities. The minimum number of pedestrian amenities shall be required as follows: 335 of 451 PEDESTRIAN & BICYCLIST AMENITIES Bicycle Zoning District or Use Benches Trash Receptacles Racks Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any “Commercial, Retail 1 per 12,500 1 per 12,500 1 per 12,500 Sales and Services” use; 1 per 12,500 Greater than 1 per 12,500 up to 1 per 12,500 up to up to 25,000; 25,000 s.f. 25,000; then 1 per 25,000; then 1 per then 1 per 30,000 30,000 30,000 1 per 12,500 1 per 12,500 up to 1 per 12,500 up to Any “Office and Health up to 25,000 25,000 then 1 per 25,000 then 1 per Care” use then 1 per 25,000 25,000 50,000 Any “Arts, Entertainment, 1 per 15,000 1 per 12,500 1 per 12,500 and Recreational” use 1 per 5 Any “Educational” use 1 per 5 classrooms 1 per 5 classrooms classrooms Any “Industrial” use 1 per 30,000 1 per 30,000 1 per 30,000 Dwelling, Multi-family 1 per 75,000 1 per 25,000 of lot 1 per 25,000 of lot (3+ units); of lot area area area 1 per Mobile / Manufactured 1 per recreation or 1 per recreation or recreation or Home Park amenity area amenity area amenity area 1 per Bed & Breakfast 1 per establishment 1 per establishment establishment 1 per 100 Hotel & Motel 1 per 25 units 1 per 25 units units 1 per 7 Group Home Type 2, 3, residents but 1 per 7 residents but 1 per 7 residents and 4 not less than not less than 2 2 1 per Cemetery 1 per cemetery 1 per cemetery cemetery Church 1 per 30,000 1 per 30,000 1 per 30,000 Community Garden 1 per lot 1 per lot 1 per lot Community Facilities; 1 per 12,500 1 per 12,500 1 per 12,500 Post Office 1 per 12,500 1 per 12,500 up to 1 per 12,500 up to up to 25,000; Greater than 25,000 s.f. 25,000; then 1 per 25,000; then 1 per 336 of 451 then 1 per 30,000 30,000 30,000 a. 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; b. 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; c. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the continued proper maintenance of all pedestrian amenities and shall keep them in proper, neat, and orderly appearance; d. When bicycle racks are required or recommended, they shall be located in areas that are enclosed or roofed, or otherwise designed with solid covering, either inside the building (e.g., foyer) or outside and placed in close proximity to the project entrance while still maintaining safe and accessible building ingress and egress. See Section 12.B.2 below for additional regulations regarding bicycle racks and Crime Prevention Through Environmental Design (CPTED) guidelines; e. 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; f. On a case by case basis, additional pedestrian amenities may be required for other land uses not listed in Table 4-9; g. Additional pedestrian amenities may be recommended, depending on projected need; and h. 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 subject site, 337 of 451 adjacent properties, and streetscape furniture, including public improvements and furniture located within the public right-of-way. No signage or advertising shall be permitted on pedestrian amenities. Section 10. Design Standards for Walls, Fences, and Miscellaneous Outdoor Structures. A. Walls and Fences. Design, construction, and appearance of walls and fences are important components of site development. Their appearance and upkeep are 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: a. From the interior of a property; b. From public or private rights-of-way; or c. From abutting or adjacent 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. Monotony 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 16 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 of fence 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. Except for within industrial districts, chain-link fences shall not be allowed within the front or side corner yard where they are visible from public or private rights-of- way. See Chapter 3, Article V, Section 8 for additional regulations regarding the screening of outdoor storage of merchandise. 338 of 451 5. Construction Sites. Temporary fencing (and other types of barriers deemed acceptable to the Building Official) may be erected around construction sites for visual buffering and safety. Temporary fencing shall be approved in conjunction with a building permit and must be removed prior to the issuance of a certificate of occupancy or completion. The temporary fencing may contain screening material enhanced with lifestyle graphics, images, pictorals, wraps, photographs, or a combination thereof, as regulated in the Sign Code (Chapter 4, Article IV, Section 4.B.3.d). However, the screening material allowed in the Sign Code shall not conflict with the original intent for said fencing, mesh, and related materials, which is to offer protection from dust, debris, and other airborne particulate matter (pursuant to Chapter 3, Article V, Section 2.F). B. Transit Shelters. 1. 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 beautify corridors by creating positive gateways into and out of the City, and to provide safer environs for mass-transit users and motorists. 2. Standards. A transit shelter is a roofed structure that may provide seating areas and is typically located within the right-of- way. A transit shelter shall be designed to comply with the Florida Building Code. In addition, the following standards shall apply: a. The location of a transit shelter, including its associated structure and / or equipment, shall comply with all cross visibility and safe-sight requirements. b. If placed on a public sidewalk, the transit shelter location shall provide adequate clearance for pedestrian traffic in order to comply with accessibility requirements of the Florida Building Code. c. All signage placed on transit shelters shall be regulated in accordance with Chapter 4, Article IV, Section 4.D.2. d. The need for, and addition of transit stops shall be considered in conjunction with all new development 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 agency. Uses that require service by large vehicles should 339 of 451 be designed to allow large vehicle access without blockage of adjoining vehicular or pedestrian circulation. e. The design and architecture of the transit shelter should be compatible with the principal building(s) of large non-residential (big box) developments (see Section 7 above) or consistent with an overall redevelopment plan that provides aesthetic and uniform design guidelines for shelter design. f. Where located within the public right-of-way, the following shall also apply to transit shelters: (1) The transit shelter requires a right-of-way permit, which is subject to review and approval by the City Engineer or designee. See Chapter 2, Article III, Section 4 for additional regulations regarding the right-of-way permit. (2) All necessary permits are required to install transit shelters within rights-of-way owned by the State of Florida and / or Palm Beach County. g. Where located on private property, the following shall also apply to transit shelters: (1) 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 subject to minimum setback requirements of the zoning district; and (2) Waste receptacles and bicycle racks shall be required and accommodated at transit shelters. 3. Removal. Should any bus shelter, associated structure or equipment or sign on an associated structure or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. C. Shopping Cart Corrals. Shopping cart corrals shall be compatible with the architectural design, colors, materials, and finishes of the principal structure. D. Donation Bins. Unmanned donation bins are allowed within commercial and industrial zoning districts but subject to the following regulations: 340 of 451 1. Number of Bins. One (1) donation bin may be allowed per lot for commercial or industrial developments consisting of at least 100,000 square feet of gross building area. An additional bin may be allowed for each 100,000 square feet of gross building area. 2. Location. Donation bins shall not be located in within rights-of-way, required parking spaces, access aisles, walkways, landscape strips, or perimeter landscape buffers. They shall comply with all visibility and safe-sight standards and not pose a safety threat to pedestrian or vehicular traffic. In addition, they shall be located behind the front and side corner building lines. 3. Maintenance. The owner of the property shall be responsible for the maintenance of the bins, such that the area is kept neat and orderly and in compliance with the approved site plan for the subject property. This means that all items are located within the bins; no trash is left on the site and there is no graffiti or other visible damage to the bins. 4. Appearance. Donation bins shall be painted with natural, earth-tone colors or with those that are intended to match the principal building(s). 5. Advertising. Donation bins shall not be used for off-site advertising of commercial activities and be limited to a maximum of four (4) square feet of sign area advertising the sponsoring charitable tax-exempt organization. 6. Sponsoring Agencies. Sponsoring agencies shall register with and be evaluated annually by the Department of Development for compliance with the regulations contained in this section. Sponsoring agencies shall provide proof of authorization by the property owner(s), the size, and overall dimensions of each bin, and a site plan detailing the proposed location(s). Sponsoring agencies must provide proof of being a tax-exempt, charitable organization registered as a 501(c)3 of the Internal Revenue Code, in order to place donation bins in the City. Donation bins to an existing site shall require a modification to the approved site plan in accordance with Chapter 2, Article II, Section 2.F. 7. Miscellaneous. The foregoing restrictions shall not apply to recycling bins or other similar public collection bins located on City property or otherwise sponsored by the City. Section 11. Maintenance of Buildings, 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 341 of 451 becomes non-compliant with these standards or the minimum standards for appearance and maintenance of public and private property (see Part II, Chapter 15, Article IX and Part II, Chapter 10, Article IV). The awning/canopy and support system should be maintained at the same level as other components of the building. Rusting/peeling support structures shall be cleaned and repainted. Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or replaced. Section 12. Exterior Building and Site Design Guidelines. A. Urban Design Guidelines of the Community Redevelopment Agency (CRA). 1. 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 Agency. It is anticipated that through the use of the guidelines, both private and public projects will endeavor to preserve and enhance the form, scale, and visual character that make downtown unique within the city and the region. The guidelines will assist to ensure that each incremental site design, architectural, and streetscape project contributes to a positive image for the city. 2. Relationship to Comprehensive Plan. In particular, the guidelines are designed to support the following objectives in accordance with the City of Boynton Beach Comprehensive Plan: a. Assure long-term economic vitality 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. Encourage the creation of exciting and inviting public urban spaces; f. Develop a downtown urban character that is unique to Boynton Beach; 342 of 451 g. 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 parking. 3. 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 of Boynton Master Plans & Schematic Designs, Ocean District Community Redevelopment Plan, and Boynton Beach Boulevard Corridor Plan. 4. Relationship to Land Development Regulations. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-Use Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning districts. B. Crime Prevention Through Environmental Design (CPTED). 1. General. a. Purpose & Intent. The proper design and effective use of the built environment can lead to a reduction in the incidence and fear of crime and improvement in the quality of life by incorporating access control, natural surveillance, and territorial defensive tactics into building and site design components. b. Applicability. The following guidelines have been developed for incorporation into the design of all new residential and non-residential developments and major modifications to approved developments. 2. Guidelines. The following guidelines have been developed to further the purpose and intent of this subsection through compliance with the following design elements: a. Lighting. (1) Exterior lighting should be placed above or near entryways and garages. (2) Landscaping should be designed and maintained to reduce conflicts with exterior lighting, taking into account long-term tree canopy growth. 343 of 451 (3) Landscaping should be designed and maintained to minimize obstruction of view of windows, address numbers, and walkways. (4) Pedestrian-scale lighting (maximum 12-foot tall, metal halide light poles) should be used for all street and pedestrian walkways. (5) On non-residential projects, non-glare lighting should be located around the perimeter or placed on building walls. (6) In parking garages, all lighting should be vandal resistant. Enhanced lighting should be used at entrance/exits to reduce transition (from daylight) when entering structure, while not drawing additional attention at night. b. Numerical Address. (1) For all multi-family residential and non- residential developments, illumination of the building numbers is recommended. (2) For all multi-family residential and non- residential developments, building numbers should be 12 inches in height and placed away from landscaping. Building numbers should be placed on facades that are adjacent to accessways and off- street parking areas. c. Building Design. (1) Building architecture should allow for enhanced natural surveillance of all off-street parking areas, providing a sense of security to patrons and visitors. (2) Security vision doors shall be utilized at all entrances to stairwells on each floor. (3) Convex mirrors shall be installed in stairwell and elevator areas. (4) Elevators shall be located close to the main entrance, constructed to avoid hidden spaces and utilize Closed Circuit Television (CCTV) surveillance. 344 of 451 d. Understory Parking and Parking Garages (Freestanding and Integrated). (1) The first level of a parking garage should have restricted access from exterior common ground area, in an effort to reduce unauthorized/unsupervised entry. Wrapping the parking garage with residential or non-residential uses is the preferred methodology in the design of a parking garage to restrict unwanted access and meet other design guideline objectives. (2) In the limited areas of the garage not wrapped by other uses, exterior walls surrounding the first floor (ground level) parking should be a minimum three (3) to four (4) feet high. Additionally, decorative grill work should be installed between the top of this wall and the flooring of the second parking level. (3) Pedestrian entrances should be adjacent to vehicle entrances, open and free of hidden spaces and wired for CCTV surveillance. (4) Each level of the parking garage should be equipped with well-marked, direct-ring emergency telephones which shall terminate at a central monitoring office, station, or booth. (5) Ceilings and solid walls inside parking garages should be painted white to increase the brightness within the structure. e. Miscellaneous. (1) Central mailbox stations should be placed in high-activity and conspicuous locations for enhanced safety and natural surveillance of users. (2) Pedestrian crosswalks should be delineated by using contrasting paver blocks as opposed to surface striping. When crosswalks are located away from stop signs within off-street parking areas, they should also be raised. Paver bricks should be compatible in style throughout a development. (3) Bicycle racks should be placed in close proximity to building entrances and not located within off-street parking areas. 345 of 451 (4) Automated Teller Machines (ATM) should not be obscured by any landscaping in excess of two (2) feet in height or other fixed objects that would prevent clear visibility and should have a convex mirror strategically placed to allow the ATM operator to identify any approaching persons. (5) ATM’s should have illumination of the walkway leading to and from it, positioned so as not to cause glare on the video recording equipment. (6) Benches should have adequate lighting if they are intended for nighttime use and be located in open view to eliminate concealment areas. Section 3. Community Design Standards A. Exterior of Building. 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. All buildings, structures, and site improvements required under this section shall comply with the following community design standards: 1. Architectural Enhancements. Façade articulation adds architectural interest and variety to the massing of a building and prevents a plain, monotonous facades. A variety of features must be incorporated into the design of the buildings to provide sufficient articulation of the 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 lines 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; 346 of 451 g. Decorative shutters; h. Bay windows; i. Faux windows; j. Art elements; and k. Canopies, balconies, overhangs, and other horizontal projections. In addition, multi-story buildings shall incorporate these design features in conjunction with the architectural enhancements listed above within this subsection. 2. Exterior Treatment and Finishes. Exterior building finishes shall be limited to: a. Brick or brick veneer; b. Stone or stone veneer; 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. 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. Building Paint Color(s). a. Purpose 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. b. Applicability. 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, 347 of 451 and coloration of glass on the elevations of a building or structure. c. Standards. (1) A minimum combination of three (3) complimentary building colors shall be used for each development. Painted surfaces include the wall, trim, and accents. (2) Color(s) shall be compatible with the surrounding area and used to complement the development; (3) 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; (4) When a non-residential building contains more than one (1) storefront, the building colors shall not be different to distinguish between each storefront; and (5) Stone or tile surfaces shall not be painted unless complimentary to the development. 5. Awnings and Canopies. The following design standards shall be applied to awning and canopies within all districts: a. 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; and b. Size. The size of an awning should be proportional to the scale of the host building and the surrounding streetscape. 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); and b. All awnings shall incorporate uniformity in their design (including valances). Scalloped 348 of 451 valances may be permitted provided that their appearance and color is compatible with the type and shape of awning being used as well as with the architecture and materials of the building. c. No awnings, valances, or support structures (including signage attached thereto) shall be internally-illuminated or backlit. d. Miscellaneous. (1). 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. (2). Maintenance. See Section 4. for additional regulations regarding the maintenance of awnings and canopies. 6. Monotony Restrictions. In order to enhance a desired character or appearance and to promote a variety of architectural structures, project may be required to include a diversity of floor plans and / or elevations, or a variety of residential housing models and / 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. 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, which include entrances to the City, the following exterior design requirements apply: 349 of 451 a. Overhead doors shall not be located on a building facade(s) visible from any of the above public or private rights-of-way; and b. Building facades that are visible from any of the roadways listed above shall be designed in such a manner as to enhance and disguise the appearance of a warehouse and / or service area. 8. Downspouts. External downspouts shall be enclosed within the building structure on any building elevation visible from areas within the property accessible by the public, from adjoining properties within the same master development (including drive aisles and parking 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 Equipment. Lack of or inadequate screening of mechanical equipment can have negative visual impacts on the City's streetscape, ambient landscape, or community image. Mechanical equipment can further negatively impact the surrounding properties because of the noise that may be produced. Such impacts shall be minimized through compliance with the following requirements: a. Rooftop. Rooftops will be treated as part of the building elevation. 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 away from adjacent residential uses or residential zoned property. b. At-Grade. 4. 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. The intent is to create an opaque barrier constructed of compatible materials matching the building in color, or its equivalent in the form of landscaping, to a height at least equal to the highest point of the equipment. Structural screening shall be architecturally integrated into the overall project design and shall be compatible, in terms of style, construction materials, colors, and finish, with the 350 of 451 principal structure(s). Where feasible, on site mechanical equipment shall be located as far away from adjacent residential uses or residential-zoned property as is feasible. 10. Drive-Through Facilities and / or Walk-up Windows. Walk-up windows and drive-through facilities shall not be allowed on any building façade that directly fronts on a public or private right-of-way. On eligible building façades (sides and / or rear), the following design standards are required where windows for drive-through facilities are proposed: a. 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 windows. b. The building facade shall be modulated and divided into smaller identifiable pieces to articulate the plane of the facade. c. The building facade shall have at least one offset having a pitched roof. d. Additional landscaping for the screening of drive- through facilities is required in accordance with Chapter 4, Article II, Section 5.D. B. 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. 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 zoning district regulations of this subsection shall take precedence over the General Design Standards of Section 3.B.2 below. c. Applicability (by Zoning District). (1) Mixed Use-High Intensity (MU-H) District. Pursuant to Chapter 3, Article III, Section 351 of 451 5.C.1, usable 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. (2) Infill 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.3. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth and open space. Interior and open spaces shall meet the following criteria: (a) Shall be required for residential development projects and mixed-use residential projects; (b) Shall be designed to be available and accessible to every dwelling unit proposed; (c) Shall include consolidated areas principally set aside for active or passive recreational space; (d) Shall, where feasible, be centrally located in the development; (e) May be designed or sited in conjunction with but shall not include private courtyards, landscape strips, perimeter landscape buffers, preservation / natural areas, and water bodies.; and (f) Shall not be occupied by streets, drives, parking areas, or structures other than recreational structures. (3) 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 4.D.1. In addition, the following standards shall apply: (a) Usable open space shall provide active or passive recreational space and shall not be occupied by water bodies, streets, 352 of 451 drives, parking areas, or structures other than recreational structures. (b) All least 50% of the required usable open space for single 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 (c) Up to 50% of the usable open space required for all other uses may be hardscaped plazas and public gathering places. 2. General Design Standards. Where required or recommended, plazas and usable open space shall be designed as follows: a. Location. (1) 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; (2) 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 configuration. An example of such topographic features would be the provision of a trail or private open area along a riparian corridor; (3) Where private common open space areas, trails, parks, or other public spaces exist adjacent 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 adjoin, extend, and enlarge the presently existing trail, park, or other open area land; (4) At minimum, the area shall be lighted to meet the requirements of crime prevention through environmental design (CPTED) principles; and (5) To the maximum extent feasible, where significant natural and scenic resource assets exist on a property, priority shall be given to protect and 353 of 451 preserve as common open space. The assets shall be prioritized as follows: (i) Wetlands; (ii) 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 enjoy 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. Seating Areas. At least one (1) linear foot of seating for every 30 square feet of plaza space is required. Seating surfaces shall have a minimum depth of 20 inches; d. Access. (1) Pedestrians shall have direct access to the plaza from at least one (1) major thoroughfare and at least 50% of the plaza frontage; (2) 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. (3) Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles; e. Landscaping. (1) Landscape strips and perimeter landscape buffers, required under Chapter 4, Article II, Section 4 cannot count towards the minimum requirements of this subsection; and (2) Trees are required in accordance with Chapter 4, Article II, Section 6.B. f. Maintenance. All common open space or pedestrian amenity areas shall be maintained by the owner(s) of the development. 354 of 451 C. Off-Street Parking Facilities (by Zoning 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 Parking Facilities. The four (4) types of off-street parking facilities regulated herein are as follows: Surface parking, understory parking, freestanding parking garages, and integrated parking garages. They are generally described as follows: (1) 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. (2) Understory Parking Garage. An off-street parking area located below gross building area. Parking stalls are typically located on or below ground level. (3) 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. (4) 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. c. General Rules 355 of 451 (1) All parking facilities may contain small, permanent structures, such as shade structures and booths used by parking attendants. (2) For the purpose of this section, “Mixed-Use (Urban)” districts include the Mixed Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2 (MU-L2), Mixed Use-Low Intensity 3 (MU-L3), and Mixed Use-High Intensity (MU-H) district. See Chapter 3, Article III, Section 5 for additional regulations pertaining to each zoning district. (3) “Overlay Zones” include the Urban Commercial District Overlay Zone (UCDOZ) and the Martin Luther King Jr. Boulevard Overlay Zone (MLKJBOZ). See Chapter 3, Article III, Section 8 for additional regulations pertaining to each overlay zone. 2. All Districts. a. Separate vehicular and pedestrian circulation systems on a site are encouraged and designed in accordance with Chapter 4, Article VI, Section 3.C. In addition, curbs and wheel stops shall be installed in conformance with Chapter 4, Article VI, Section 3.C. b. Vehicular and pedestrian circulation systems on adjacent properties shall be linked to encourage cross- access. c. 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. e. See Section 3.I.10 below for additional regulations regarding pedestrian pathways within off-street parking areas of large non-residential (big box) developments. f. See Section 5.B.2 below for additional regulations regarding off-street parking areas and Crime Prevention Through Environmental Design (CPTED) guidelines. 356 of 451 3. “Mixed Use (Urban)” 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 streetscape and minimize the visual impacts of parking facilities. Where possible, parking areas should be located to the rear of a project. 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 Section 3.C.1.c(2) above: a. Surface Parking. Within the “Mixed-Use (Urban)” districts, surface parking should not be visible from an arterial or collector roadway. Structured parking is preferred for all mixed-use development. b. Understory Parking Garage. Understory parking (on the first floor of a structure) is allowed throughout all “Mixed-Use (Urban)” districts. c. Freestanding Parking Garages. Freestanding parking garages are allowed within the “Mixed-Use (Urban)” districts provided that they do not have frontage 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. Integrated Garages. 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 “Mixed-Use (Urban)” 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. 357 of 451 The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject 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 façade features in order to soften its impact. 4. Suburban Mixed-Use (SMU) District. a. Understory Garages. Understory parking (on the first floor of a structure) is allowed throughout the SMU district. b. Freestanding Garages. 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. Integrated Garages. 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 by maintaining interest for pedestrians and passing automobile traffic. The remaining façade(s) of the integrated garage shall be constructed to appear as habitable floor area and designed compatible with the architecture of the adjacent structures within the subject 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 façade features in order to soften its impact. 5. “Overlay Zones.” One of the objectives of the Urban Commercial District Overlay Zone and the Martin Luther King Jr. Boulevard Overlay Zone overlay zone is to prevent the placement 358 of 451 of off-street parking areas between the front of the building and the rights-of-way. 6. Miscellaneous. a. Number of Required Parking Spaces. Required parking for all uses shall be as set forth by Chapter 4, Article V, Section 2. b. Off-Site Parking. Off-street parking spaces may be allowed off-site but with a maximum distance in accordance with Chapter 4, Article VI, Section 4.D.2. c. Interconnectivity. 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 4.D.3. d. Off-Street Parking for Large Non-Residential Development (Big Box). See Section 3.I.10 below for additional regulations regarding off-street parking lot locations for large non-residential (big box) developments. e. Trash Collection Points. (1). Screening. See Chapter 4, Article VI, Section 4.C for additional regulations regarding the appropriate location and screening of trash collection areas. (2). Landscaping. See Chapter 4, Article II, Section 6.G for additional regulations regarding the landscaping of trash collection areas. D. Pedestrian Circulation and Amenities. 1. General. The purpose and intent of this section is to provide regulations that require developments to plan for pedestrian circulation and access; 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 objectives 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 359 of 451 consideration of the number of employees, forecasted anticipated number of customers and projected bicycle and pedestrian traffic. 2. Standards. a. Circulation. (1) Pedestrian circulation should be carefully planned in order to prevent conflict between pedestrian areas and vehicular use areas. (2) In all cases, pedestrian access shall be provided to public walkways. (3) Pedestrian circulation design shall promote interconnectivity with and between land uses to discourage unnecessary use of the automobile and reduce vehicle miles traveled (VMT). b. Table 4-9. Pedestrian & Bicyclist Amenities. The minimum number of pedestrian amenities shall be required as follows: PEDESTRIAN & BICYCLIST AMENITIES Zoning District or 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 1 per 12,500 1 per 12,500 1 per 12,500 Sales and Services” use; Greater than 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to 25,000 s.f. 25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,000 30,000 30,000 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to Any “Office and Health 25,000 then 1 per 25,000 then 1 per 25,000 then 1 per Care” use 50,000 25,000 25,000 Any “Arts, Entertainment, 1 per 15,000 1 per 12,500 1 per 12,500 and Recreational” use Any “Educational” use 1 per 5 classrooms 1 per 5 classrooms 1 per 5 classrooms PEDESTRIAN & BICYCLIST AMENITIES Zoning District or Use Bicycle Racks Benches Trash Receptacles Building area size is based upon gross floor area (in square feet) unless specifically expressed otherwise. Any “Industrial” use 1 per 30,000 1 per 30,000 1 per 30,000 360 of 451 Dwelling, Multi-family 1 per 25,000 of lot 1 per 25,000 of lot 1 per 75,000 of lot area (3+ units); area area Mobile / Manufactured 1 per recreation or 1 per recreation or 1 per recreation or Home Park amenity area amenity area amenity area Bed & Breakfast 1 per establishment 1 per establishment 1 per establishment Hotel & Motel 1 per 100 units 1 per 25 units 1 per 25 units Group Home Type 2, 3, 1 per 7 residents but 1 per 7 residents but 1 per 7 residents and 4 not less than 2 not less than 2 Cemetery 1 per cemetery 1 per cemetery 1 per cemetery Church 1 per 30,000 1 per 30,000 1 per 30,000 Community Garden 1 per lot 1 per lot 1 per lot Community Facilities; 1 per 12,500 1 per 12,500 1 per 12,500 Post Office 1 per 12,500 up to 1 per 12,500 up to 1 per 12,500 up to Greater than 25,000 s.f. 25,000; then 1 per 25,000; then 1 per 25,000; then 1 per 30,000 30,000 30,000 c. 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; d. 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; e. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the continued proper maintenance of all pedestrian amenities and shall keep them in proper, neat, and orderly appearance; f. When bicycle racks are required or recommended, they shall be located in areas that are enclosed or roofed, or otherwise designed with solid covering, either inside the building (e.g., foyer) or outside and placed in close 361 of 451 proximity to the project entrance while still maintaining safe and accessible building ingress and egress. See Section 5.B.2 below for additional regulations regarding bicycle racks and Crime Prevention Through Environmental Design (CPTED) guidelines; g. 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; h. On a case by case basis, additional pedestrian amenities may be required for other land uses not listed in Table 4-9; i. Additional pedestrian amenities may be recommended, depending on projected need; and j. A certificate of occupancy or certificate of completion shall not be issued until pedestrian amenities are provided in accordance with this subparagraph; and k. 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 subject site, adjacent properties, and streetscape furniture, including public improvements and furniture located within the public right-of-way. No signage or advertising shall be permitted on pedestrian amenities. E. Walls and Fences. Design, construction, and appearance of walls and fences are important components of site development. Their appearance and upkeep are 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: a. From the interior of a property; b. From public or private rights-of-way; or c. From abutting or adjacent properties. 2. Consistency. Enhanced walls and fences shall be designed in an architectural style consistent with the principal structure(s), 362 of 451 incorporating the dominant exterior material(s), colors, and finishes of that structure. 3. Monotony 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 16 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 of fence 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. Except for within industrial districts, chain-link fences shall not be allowed within the front or side corner yard where they are visible from public or private rights-of- way. See Chapter 3, Article V, Section 8 for additional regulations regarding the screening of outdoor storage of merchandise. 5. Construction Sites. Temporary fencing (and other types of barriers deemed acceptable to the Building Official) may be erected around construction sites for visual buffering and safety. Temporary fencing shall be approved in conjunction with a building permit and must be removed prior to the issuance of a certificate of occupancy or completion. The temporary fencing may contain screening material enhanced with lifestyle graphics, images, pictorals, wraps, photographs, or a combination thereof, as regulated in the Sign Code (Chapter 4, Article IV, Section 4.B.3.d). However, the screening material allowed in the Sign Code shall not conflict with the original intent for said fencing, mesh, and related materials, which is to offer protection from dust, debris, and other airborne particulate matter (pursuant to Chapter 3, Article V, Section 2.F). F. Miscellaneous Outdoor Structures (Excluding 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 beautify corridors by creating positive 363 of 451 gateways 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-way. A transit shelter shall be designed to comply with the Florida Building Code. In addition, the following standards shall apply: (1) The location of a transit shelter, including its associated structure and / or equipment, shall comply with all cross visibility and safe-sight requirements. (2) If placed on a public sidewalk, the transit shelter location shall provide adequate clearance for pedestrian traffic in order to comply with accessibility requirements of the Florida Building Code. (3) All signage placed on transit shelters shall be regulated in accordance with Chapter 4, Article IV, Section 4.D.2. (4) The need for, and addition of transit stops shall be considered in conjunction with all new development 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 agency. Uses that require service by large vehicles should be designed to allow large vehicle access without blockage of adjoining vehicular or pedestrian circulation. (5) The design and architecture of the transit shelter should be compatible with the principal building(s) of large non-residential (big box) developments (see Section 3.I) or consistent with an overall redevelopment plan that provides aesthetic and uniform design guidelines for shelter design. (6) Where located within the public right-of- way, the following shall also apply to transit shelters: (a) The transit shelter requires a right- of-way permit, which is subject to review and approval by the City Engineer or 364 of 451 designee. See Chapter 2, Article III, Section 4 for additional regulations regarding the right-of-way permit. (b) All necessary permits are required to install transit shelters within rights-of-way owned by the State of Florida and / or Palm Beach County. (7) Where located on private property, the following shall also apply to transit shelters: (a) 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 subject to minimum setback requirements of the zoning district; and (b) Waste receptacles and bicycle racks shall be required and accommodated at transit shelters. c. Removal. Should any bus shelter, associated structure or equipment or sign on an associated structure or equipment, or bus shelter sign fail to conform to the above standards; or should a residential property owner object to the presence of a bus shelter abutting his property, then the city may order the sponsoring organization to remove such bus shelter and, that failing, may remove same at the expense of the sponsoring organization. 2. Shopping Cart Corrals. Shopping cart corrals shall be compatible with the architectural design, colors, materials, and finishes of the principal structure. 3. Donation Bins. Unmanned donation bins are allowed within commercial and industrial zoning districts but subject to the following regulations: a. Number of Bins. One (1) donation bin may be allowed per lot for commercial or industrial developments consisting of at least 100,000 square feet of gross building area. An additional bin may be allowed for each 100,000 square feet of gross building area. b. Location. Donation bins shall not be located in within rights-of-way, required parking spaces, access aisles, walkways, landscape strips, or perimeter landscape buffers. They shall comply with all visibility and safe-sight 365 of 451 standards and not post a safety threat to pedestrian or vehicular traffic. In addition, they shall be located behind the front and side corner building lines. c. Maintenance. The owner of the property shall be responsible for the maintenance of the bins, such that the area is kept neat and orderly and in compliance with the approved site plan for the subject property. This means that all items are located within the bins; no trash is left on the site and there is no graffiti or other visible damage to the bins. d. Appearance. Donation bins shall be painted with natural, earth-tone colors or with those that are intended to match the principal building(s). e. Advertising. Donation bins shall not be used for off-site advertising of commercial activities and be limited to a maximum of four (4) square feet of sign area advertising the sponsoring charitable tax-exempt organization. f. Sponsoring Agencies. Sponsoring agencies shall register with and be evaluated annually by the Department of Development for compliance with the regulations contained in this section. Sponsoring agencies shall provide proof of authorization by the property owner(s), the size, and overall dimensions of each bin, and a site plan detailing the proposed location(s). Sponsoring agencies must provide proof of being a tax-exempt, charitable organization registered as a 501(c)3 of the Internal Revenue Code, in order to place donation bins in the City. Donation bins to an existing site shall require a modification to the approved site plan in accordance with Chapter 2, Article II, Section 2.F. g. Miscellaneous. The foregoing restrictions shall not apply to recycling bins or other similar public collection bins located on City property or otherwise sponsored by the City. G. Use Matrix Notes and Restrictions. The following uses, which correspond with the Notes and Restrictions of Chapter 3, Article IV, Section 3.E., contain special standards related to exterior building and site design: 1. Group Home Type 1. For new construction, the facility shall have building elevations that are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. 366 of 451 2. Auto Dealer, New. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. 3. Auto Dealer, Used. Within the MU-L3 and MU-H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. 4. Gasoline Stations. 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. 5. Automobile Rental. Within the MU-L3 and MU- H districts, the following shall apply: Overhead doors shall not be visible from any major roadway frontage. See Section 3.A.7 above for additional regulations regarding overhead doors. 6. Marina, Including Yacht Club. a. Architectural integration shall be encouraged through the choice of building materials, architectural style, extensive use of windows, and choice of soft, muted colors. b. All buildings shall incorporate 360° architecture, a variety of massing and building heights, and stepping roof lines. c. The use of standardized "corporate" architectural styles associated with chain-type businesses is prohibited. d. To contribute to physical compatibility and minimize impacts on the residential fabric of adjacent neighborhoods, projects adjacent to residential zoning districts shall be designed with residential character, unless a superior, non-residential design can be demonstrated. Residential designs shall include, but not be limited to, a combination of actual and faux windows, balconies, porches, awnings and related architectural details. The character shall either match or compliment established architectural themes in the vicinity. e. All building facades shall include a repeating pattern that shall include no less than three (3) of the following elements: color change, texture change, material module change, or a change in plane of at least two (2) feet in depth. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically, unless a 367 of 451 superior design can be demonstrated at greater intervals. Recesses and projections shall be from finished grade to roofline, and be a minimum of 10 feet in width. f. As an alternative to the required façade offsets noted above, decorative and substantive roofline changes, when coupled with correspondingly aligned façade material changes, may substitute. g. A minimum of two different types of building materials shall be used, with a 70 percent-30 percent ratio. A change in stucco or use of windows will not count toward meeting this requirement. h. Articulation in parapet wall shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented towards a street; and, two and one half (2½) feet for rear facades. i. Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. Additionally, a parapet return is required with a length equal to or exceeding the required parapet articulation. j. All customer entrances to the building shall be the focal point of design. Architectural elements shall include some combination of the following improvements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. k. On any retail or office building within a marine- oriented or water dependent project, or any portion of a building devoted to such use, windows shall be of pedestrian scale, recessed and vision glass without obstruction. l. On any retail or office building within a marine- oriented or water dependent project, on any facade on which a customer entrance to the building is located, a minimum of 1.6 square foot of vision glass is required for each one (1) lineal foot of facade. m. On any retail or office building within a marine- oriented or water dependent project, on any other facade facing a public street, a minimum of 0.8 square foot of vision glass is required for each one (1) foot. 368 of 451 7. Day Care. Within all residential districts, the following shall apply: Building design shall be consistent with surrounding residential styles. 8. Storage, Self-Service. For all Self-Service Storage facilities adjacent to or visible from any arterial right-of-way roadway, the following shall apply: a. 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. b. All facades visible from arterial roadways shall provide variety and interest in the façade(s). These facades shall not exceed 50 feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and 10 feet in width, a perceptible change in wall angle, or a corner. Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. c. Within the SMU, MU-L1, 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 / or residential structure through the use of similar windows, shutters, and appropriate building elements on the upper floors. H.Mixed-Use Developments. 1. Applicability. These standards shall apply to all properties currently zoned Central Business District (CBD), any property located within the “Mixed Use (Urban)” districts, (see Chapter 3, Article III, Section 5), or any commercially zoned properties located within the Urban Commercial District Overlay Zone (see Chapter 3, Article III, Section 8.). 2. Building 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 major site plan modifications to existing developments. Also see Chapter 4, Article II, Section 4.B.5 for additional streetscape design requirements. 369 of 451 3. 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 subject to this section shall meet the following shade and shelter requirements: a. Shaded Sidewalk. A shaded sidewalk shall be provided alongside at least 50% of all building frontages adjacent to or facing an arterial or collector roadway or adjacent 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 edge. Ramps for wheelchairs alongside the building must also be shaded. b. Building Entrances. Building entrances shall be located under a shade device such as an awning or portico. 4. Windows. Windows shall be located at pedestrian scale. 5. Compatibility. Proposed projects should compliment existing or approved adjacent mixed use projects in terms of height, color, style massing, and materials. I. Large Non-Residential Development (Big Box) Regulations. 1. Purpose and Intent. Large commercial buildings have a major impact on the aesthetic fabric of a community. 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. 2. Applicability. 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 roadways. 3. Façades. 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 of the community. These facades shall meet the following objectives: 370 of 451 a. Community integration shall be achieved through the choice of building materials, architectural style, extensive use of windows, and multiple complimentary paint colors. b. Building design shall include a mix of massing and building heights, and varying roof lines on all facades. c. Architectural styles shall not be used that are tailored to further "corporate" identity objectives rather than the existing or planned identity and character of the surrounding community, and which are inconsistent with these regulations. d. 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. e. 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 projection), at maximum intervals of 50 feet. The recess or projection 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. f. 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 façade. g. 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. 371 of 451 4. Roofline. a. For flat rooflines, vertical articulation in parapet walls shall be required with a minimum of five (5) feet for front and side facades, and any façade oriented toward a street; and, two and one half (2½) feet for rear facades. b. A Parapet return is required with a length equal to or exceeding the required parapet articulation. 372 of 451 c. Parapet walls shall feature three dimensional cornice treatment, to provide a finished look from any angle. d. Articulation in the parapet wall shall coincide with the horizontal changes within the building, which are required under subparagraph 3.e. 5. Windows. a. 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. b. 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. c. 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: (1) Window construction using opaque glass shall appear identical to the transparent windows; (2) Opaque windows shall not be superficially attached to the wall; (3) Opaque windows shall not be perceptibly different in texture, color, or reflectivity than the glass of the transparent windows. d. Architecturally ornate window boxes displaying merchandise only, may 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 buildings with shorter facades and those buildings without traditional front entrances. 373 of 451 6. Public Entrances. a. A minimum of one (1) customer entrance should be provided on the front facade. b. All sides of a building that directly face an abutting street, with no intervening building, should provide a customer entrance. c. All public entrances to the building shall be the focal point of the façade through the use of a combination of the following architectural elements: pediments, lintels, columns, pilasters, porches, balconies, railings, balustrades, and ornate moldings. Design features may also include entry recesses / projections or locating display windows so that they are directly adjacent to the entrance. d. 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 Section 3.I.10 below for additional parking regulations. e. 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 corner of the building cannot substitute or fulfill the requirement to provide entrances on both front and side façades. 7. Covered Walkways. 374 of 451 a. Rules. (1) For the purposes of this subsection only, the “front” of a building is considered to be the building façade where a public entrance is proposed. A building that contains public entrances on two (2) or more facades is said to have multiple “fronts.” (2) A building façade that is oriented toward a public street but does not contain a public entrance is considered to be a “side corner” façade. (3) A building façade that is neither oriented toward a public street nor contains a public entrance is considered to be either the “side” or “rear” façade. (4) A covered walkway is considered to be an “ARCADE, PEDESTRIAN” as defined in Chapter 1, Article II. (5) The horizontal extent of a covered walkway shall be measured upon the entire length of a façade where required. (6) Greater preference is placed on the proximity of a covered walkway to the location of the public entrance. b. Covered walkways are required along building façades 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: (1) Public entrance(s) on one (1) façade: Covered walkways are required along at least 70% of the front façade and at least 30% of the side corner façade. No covered walkways are required along the side or rear of the building. (2) Public entrance(s) on two (2) or more facades: Covered walkways are required along at least 50% of each façade where a public entrance is proposed. No covered walkways are required along the side or rear of the building. (3) Public entrance on corner of building: Covered walkways are required along a minimum 375 of 451 of 50% of each façade where a corner entrance is proposed. The intent is to wrap each façade with a covered walkway, commencing at the corner where the public entrance is proposed. (4) 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. 8. Landscaping. a. Foundation landscaping areas for large non- residential (big box) developments shall be required in accordance with Chapter 4, Article II, Section 6.B. b. See Chapter 4, Article II, Section 6.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. 9. 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: a. 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 with the pedestrian amenity requirement of this subparagraph, provided that the public art is located in conjunction with another qualifying pedestrian amenity. 376 of 451 b. Pedestrian pathways through off-street parking areas shall be required in accordance with subparagraph “10(b)” below. 10. Off-Street Parking Lot Orientation. a. 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. b. Pedestrian pathways shall be required where parking spaces are located in excess of 400 feet from any customer entrance. 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. 377 of 451 c. 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 adjacent to a front or side facade containing a customer entrance. d. Unique conditions associated with individual sites may justify 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 objectives. 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 objectives: 378 of 451 (1) Maximize the proximity of parking spaces to customer entrances; (2) Reduce visual blight of large expanses of surface off-street parking areas; and (4) Improve pedestrian connectivity in excess of the minimum standards. e. Regulations shall be enforced in zoning districts and overlay zones where the objective is to discourage or prohibit off-street parking areas between the building and the rights-of-way. 11. Miscellaneous. a. Buildings should be configured so they complement outdoor spaces. Walkways, entrances and gathering areas should have shading features, such as trees, landscaping, trellis structures, projecting 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. Outdoor employee areas should be integrated into the site design, but should be separated from general public circulation with screening. b. 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 building. 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. c. See Section 3.F.1 above for additional regulations regarding the design of transit shelters where abutting or located within large non-residential (big box) developments. d. Large commercial buildings in excess of 75,000 square feet should be structurally designed to be easily 379 of 451 divided into smaller tenant spaces in planning for future adaptive re-use purposes. J. Uses Adjacent to Single-Family Residential Zoning Districts. 1. General. a. 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 impacts upon the lower intensity land uses through appropriate project orientation, additional setbacks for taller structures and recreational facilities, compatible architectural treatments, and proper location and orientation of signs and lights. b. Applicability. When a new development, other than a single-family or two-family dwelling unit abuts or is adjacent to a single-family residential zoning district due to an intervening local roadway, the following design standards shall apply: 2. Standards for All Districts. All buildings and structures shall be designed and oriented in a manner ensuring maximum privacy of adjacent residential uses. Compatibility shall be evaluated based upon how well the proposed development fits within the context of the neighborhood and abutting properties. Single-family homes located within planned districts, multi-family homes, mixed-use projects, and all non-residential uses, where abutting or adjacent to 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 layout of units of upper floors. 3. Standards for Planned Residential Districts (IPUD and PUD). (2) Any IPUD or PUD located adjacent to single-family residential zoning must locate structures of the same unit type or height. However, if vegetation, screening or other barriers and / or creative design on the perimeter of an Infill Planned Unit Development (IPUD) or Planned Unit Development (PUD) district achieve compatibility with adjacent uses, the city may grant some relief from the following two requirements: a. (1) Any IPUD or PUD located adjacent to an existing single-family residential development(s) must 380 of 451 locate structures of the same unit type or height allowed by the adjacent zoning district(s); and b. Additional setbacks are required for structures in excess of 30 feet in height pursuant to Chapter 3, Article III, Section 2. Section 4. Maintenance of Buildings, 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, Article IX and Part II, Chapter 10, Article IV). The awning/canopy and support system should be maintained at the same level as other components of the building. Rusting/peeling support structures shall be cleaned and repainted. Rotted or broken supports should be replaced. Faded and dirty awnings shall be cleaned or replaced. Section 5. Exterior Building and Site Design Guidelines. A. Urban Design Guidelines of the Community Redevelopment Agency (CRA). 1. 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 Agency. It is anticipated that through the use of the guidelines, both private and public projects will endeavor to preserve and enhance the form, scale, and visual character that make downtown unique within the city and the region. The guidelines will assist to ensure that each incremental site design, architectural, and streetscape project contributes to a positive image for the city. 2. Relationship to Comprehensive Plan. In particular, the guidelines are designed to support the following objectives in accordance with the City of Boynton Beach Comprehensive Plan: a. Assure long-term economic vitality of the downtown; b. Create a vibrant mixed-use development downtown urban environment; c. Create an aesthetically pleasing and vibrant pedestrian oriented downtown; 381 of 451 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 Boynton Beach; g. 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 parking. 3. 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 of Boynton Master Plans & Schematic Designs, Ocean District Community Redevelopment Plan, and Boynton Beach Boulevard Corridor Plan. 4. Relationship to Land Development Regulations. The Urban Design Guidelines are applicable to all properties that are located within the CRA, particularly within the Mixed-Use Low Intensity 1 (MU-L1), Mixed-Use Low Intensity 2 (MU-L2), Mixed-Use Low Intensity 3 (MU-L3), and Mixed-Use High Intensity (MU-H) zoning districts. B. Crime Prevention Through Environmental Design (CPTED). 1. General. a. Purpose & Intent. The proper design and effective use of the built environment can lead to a reduction in the incidence and fear of crime and improvement in the quality of life by incorporating access control, natural surveillance, and territorial defensive tactics into building and site design components. b. Applicability. The following guidelines have been developed for incorporation into the design of all new residential and non-residential developments and major modifications to approved developments. 2. Guidelines. The following guidelines have been developed to further the purpose and intent of this subsection through compliance with the following design elements: 382 of 451 a. Lighting. (1) Exterior lighting should be placed above or near entryways and garages. (2) Landscaping should be designed and maintained to reduce conflicts with exterior lighting, taking into account long-term tree canopy growth. (3) Landscaping should be designed and maintained to minimize obstruction of view of windows, address numbers, and walkways. (4) Pedestrian-scale lighting (maximum 12-foot tall, metal halide light poles) should be used for all street and pedestrian walkways. (5) On non-residential projects, non-glare lighting should be located around the perimeter or placed on building walls. (6) In parking garages, all lighting should be vandal resistant. Enhanced lighting should be used at entrance/exits to reduce transition (from daylight) when entering structure, while not drawing additional attention at night. b. Numerical Address. (1) For all multi-family residential and non- residential developments, illumination of the building numbers is recommended. (2) For all multi-family residential and non- residential developments, building numbers should be 12 inches in height and placed away from landscaping. Building numbers should be placed on facades that are adjacent to accessways and off- street parking areas. c. Building Design. (1) Building architecture should allow for enhanced natural surveillance of all off-street parking areas, providing a sense of security to patrons and visitors. (2) Security vision doors shall be utilized at all entrances to stairwells on each floor. 383 of 451 (3) Convex mirrors shall be installed in stairwell and elevator areas. (4) Elevators shall be located close to the main entrance, constructed to avoid hidden spaces and utilize Closed Circuit Television (CCTV) surveillance. d. Understory Parking and Parking Garages (Freestanding and Integrated). (1) The first level of a parking garage should have restricted access from exterior common ground area, in an effort to reduce unauthorized/unsupervised entry. Wrapping the parking garage with residential or non-residential uses is the preferred methodology in the design of a parking garaage to restrict unwanted access and meet other design guideline objectives. (2) In the limited areas of the garage not wrapped by other uses, exterior walls surrounding the first floor (ground level) parking should be a minimum three (3) to four (4) feet high. Additionally, decorative grill work should be installed between the top of this wall and the flooring of the second parking level. (3) Pedestrian entrances should be adjacent to vehicle entrances, open and free of hidden spaces and wired for CCTV surveillance. (4) Each level of the parking garage should be equipped with well-marked, direct-ring emergency telephones which shall terminate at a central monitoring office, station, or booth. (5) Ceilings and solid walls inside parking garages should be painted white to increase the brightness within the structure. e. Miscellaneous. (1) Central mailbox stations should be placed in high-activity and conspicuous locations for enhanced safety and natural surveillance of users. (2) Pedestrian crosswalks should be delineated by using contrasting paver blocks as opposed to 384 of 451 surface striping. When crosswalks are located away from stop signs within off-street parking areas, they should also be raised. Paver bricks should be compatible in style throughout a development. (3) Bicycle racks should be placed in close proximity to building entrances and not located within off-street parking areas. (4) Automated Teller Machines (ATM) should not be obscured by any landscaping in excess of two (2) feet in height or other fixed objects that would prevent clear visibility and should have a convex mirror strategically placed to allow the ATM operator to identify any approaching persons. (5) ATM’s should have illumination of the walkway leading to and from it, positioned so as not to cause glare on the video recording equipment. (6) Benches should have adequate lighting if they are intended for nighttime use and be located in open view to eliminate concealment areas. PART III (LDR), CHAPTER 4, ARTICLE IV SIGN STANDARDS ARTICLE IV. SIGN STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Prohibited Signs… Section 4. Standards. A. General. The following general standards shall apply to all signs city-wide: 1. Sign Content… 2. Computation of Sign Area… 3. Cross Visibility and Safe-Sight… 4. Traffic Hazards… 5. Wind Load… 6. Unlawful or Unsafe Signs… 7. Maintenance… 8. Overhead Clearance… 9. Property Address… 10. Illuminated Signs… 385 of 451 11. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, Article III, Section 12 5.B for additional regulations regarding signs and CPTED guidelines. B. Temporary Signs. It shall be unlawful to affix, erect, locate, or maintain any temporary sign off-premises unless otherwise authorized under this subsection. Temporary signs shall be allowed in accordance with the following provisions: 1. Real Estate Sign. A temporary real estate sign is allowed on private property for the purpose of advertising the sale or lease of such property. The sign(s) shall comply with the following standards: a. Maximum Number, Size and Height (Table 4- 11 10)… b. Setbacks… c. Exemptions… d. Duration… e. Prohibited in Required Landscape Strip… 2. Project Development Sign. a. General… b. Maximum Number, Size and Height (Table 4- 12 11)…. c. Duration… 3. Construction Sign… 4. Banner… 5. Political Sign. With consent of the property owner, a temporary political sign is allowed on private property during the period preceding any local, state, or national election. No political sign is allowed within rights-of-way or on City-owned property. In addition, political signs shall meet the following standards: a. Maximum Number, Size and Height (Table 4- 13 12)… 6. Special Sales Event Sign… 7. Seasonal Sales Event Sign… 8. Vehicle Display Sign… 9. Recreation and Parks Department Special Event Sign… 10. Feather Banners… 386 of 451 C. Permanent Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent sign off-premises unless otherwise authorized under this subsection. Permanent signs shall be allowed in accordance with the following provisions: 1. Wall Sign (Affixed to Building). a. General… b. Maximum Sign Area (Table 4-14 13)… c. Signs on Multiple-Story Buildings… d. Community Design Standards… 2. Monument Sign. a. Purpose and Intent… b. Computation of Height… c. Maximum Height, Size and Number (Table 4-15 14)… d. Setbacks… e. Cross Visibility and Safe-Sight… f. Property Address… g. Project Name… h. Changeable Copy Signs… i. Miscellaneous… j. Community Design Standards… 3. Directory Sign… 4. Directional Sign… 5. Menu Board Sign… 6. Awning Valance Sign. One (1) sign, located on the valance of an awning hung over each public entrance is allowed within multi-family residential (10 units or more) and nonresidential developments, provided the signage area does not exceed 80% of the valance area. An awning valance sign shall count toward the aggregate wall signage area. The sign shall not be internally-illuminated. See Section 5.C.5 below for additional community design standards regarding awning valance signs. See Chapter 4, Article III, Section 3.E A.5 for additional design standards regarding awnings and canopies. 7. Covered Walkway / Arcade Sign… 8. Blade Sign… 9. Window Sign… 10. Rear Door Business Identification Plaque… 11. Mixed-Use Development Identification Sign… 387 of 451 12. Neighborhood Identification Sign… 13. Nameplate or Identification Plaque… D. Special Signs. The following special signs shall be allowed in accordance with the following provisions: 1. Civic and Not-for-Profit Directional Sign… 2. Transit Shelter Sign. Signs on city transit stop shelters may be allowed when authorized by written agreement approved by action of the City Commission pursuant to the provisions of Florida Statutes. When so authorized by the City Commission, the following standards shall apply: a. Location. Signs placed on city transit stop shelters shall only be allowed at city transit stops designated or approved by the City. A transit shelter, proposed on private property or within the right-of-way, shall be located and designed in accordance with Chapter 4, Article III, Section 10.B 3.F.1. b. Number… c. Elevation… d. Exemption… 3. Newracks… 4. Murals… 5. Electric Vehicle (EV) Charging Station Sign… Section 5. Community Design. A. General… B. Community Design Standards for All Signs… C. Community Design Standards for Specific Types of Signs… D. Community Design Standards for Logos and Icons. 1. General… 2. Maximum Percentage and Size (Table 4-16 15)… Section 6. Sign Program… PART III (LDR), CHAPTER 4, ARTICLE V MINIMUM OFF-STREET PARKING REQUIREMENTS ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Section 1. General… Section 2. Standards. A. General… 388 of 451 B. Table 4-17 2. Residential and Lodging Uses… C. Table 4-18 3. Commercial and Health Care / Office Uses… D. Table 4-19 4. Arts, Entertainment, and Recreational Uses… E. Table 4-20 5 Industrial Uses… F. Table 4-21 6 Educational Uses… G. Table 4-22 7 Public and Civic Uses… Section 3. Special Reductions in Required Off-Street Parking… Section 4. Exceptions to Providing Required Off-Street Parking… Section 5. Other Parking Regulations. A. Maximum Number of Provided Parking. For all new and major modifications to existing non-residential uses, the total number of provided off-street parking spaces shall not exceed the thresholds as established below: 1. Thresholds… 2. Methodology... 3. Exemption… B. Handicap Accessible Off-Street Parking. 1. Applicability… 2. Table 4-23 7. Handicap Accessible Parking Requirements… C. Permanent Reservation of Off-Street Parking Spaces… Section 6. Penalties…. PART III (LDR), CHAPTER 4, ARTICLE VI PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS ARTICLE VI. PARKING LOT, VEHICULAR USE AREAS, AND LOADING STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Standards. A. General. 389 of 451 1. Movement. A clearly defined vehicular circulation system shall be provided which allows free movement within the proposed development while discouraging excessive speeds. Vehicular circulation systems shall be separated as much as practicable from pedestrian circulation systems. Off-street parking facilities and other vehicular use areas shall be integrated with surrounding structures and with the building or group of buildings for which they serve. See Chapter 4, Article III, Section 3.C.2 for additional regulations. 2. Points of Access… 3. Through Traffic… 4. Storage Demand… 5. Emergency and Service Vehicles… 6. Sidewalks… 7. Compliance… B. Off-Street Parking and Vehicular Use Areas. 1. General… 2. Required Surface… 3. Minimum Dimensions and Accessibility... 4. Vehicular Traffic Control Markings. All traffic signing and pavement marking shall comply with the U.S. Department of Transportation Federal Highway Administration Manual on Uniform Traffic Control Devices. Particular attention is directed toward Section 3.G 2A, which contains sign design, shape, color, mounting height and other conditions. Fire lanes shall be identified with marking and signage in accordance with Section 8 of this article. Parking stalls shall be delineated in accordance with the Engineering Design Handbook and Construction Standards. 5. Landscaping… 6. Irrigation… 7. Curbs and Car Stop… 8. Drainage… 9. Illumination… 10. Sidewalks… 11. Structures. Parking facilities may contain small, permanent structures such as shade structures and booths used by parking attendants. Section 4. Community Design. A. General… B. Off-Street Loading… C. Dumpsters and Trash Receptacles… 390 of 451 D. Off-Street Parking Areas and Parking Garages. Public or private off-street surface parking lots, understory parking, and all types of parking garages shall comply with this section, the Florida Building Code, and with county-wide amendments thereto. Where appropriate, security systems may be required. 1. On-Site Parking. Required parking spaces for all residential uses shall be located on the same lot or development as the dwelling to be served. Parking spaces for non-residential uses may be located off-site but only in accordance with Section 9.D.2 below. See Chapter 4, Article III, Sections 6 and 7 for additional community design standards pertaining to off-street parking. a. District Regulations. The location and appearance of on-site parking facilities shall comply with Chapter 4, Article III, Section 3.C. b. Large Non-Residential (Big Box) Development Regulations. The location of off-street surface parking areas for large non-residential (big box) developments are further regulated in accordance with Chapter 4, Article III, Section 3.I. 2. Off-Site Parking… 3. Interconnectivity… 4. Required Off-Street Parking Calculations, By Use… 5. Shared Parking… Section 5. Penalties… PART III (LDR), CHAPTER 4, ARTICLE VII EXTERIOR LIGHTING STANDARDS. ARTICLE VII. EXTERIOR LIGHTING STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Standards… Section 4. Community Design… Section 5. Prohibited Lighting. The following types of outdoor lighting are prohibited: A. Spillage… B. Unauthorized Traffic Lighting… C. Beacon or Searchlights… D. Drop Lens Fixtures… E. Neon Tubing, Bare Bulbs, and Miniature Lighting… 391 of 451 F. Awnings. No awnings, valances, or support structures shall be internally-illuminated or backlit pursuant to Chapter 4, Article III, Section 3.E A.5. Section 6. Penalties… PART III (LDR), CHAPTER 4, ARTICLE VIII ROADWAYS, UTILITIES, AND INFRASTRUCTURE STANDARDS. ARTICLE VIII. ROADWAYS, UTILITIES, AND INFRASTRUCTURE DESIGN STANDARDS Section 1. General… Section 2. City Approval Required… Section 3. Standards. A. General Standards for All Required Improvements…. B. Utilities… C. Roadways and Streets. 1. General… 2. Designation System… 3. Naming System… a. Curvilinear Streets… b. Streets Crossing Ocean Avenue… c. (Table 4-23 8) Suffixes… d. Street Name Changes… e. Standard Street Name Numbering and Addressing… f. Vanity Street Name Numbering and Addressing… 4. Street Layout and Configuration. a. General… b. Width of Ultimate Right-of-Way. (1) (Table 4-24 9) General Standards… (2) Within All Planned Residential Developments… (3) Within All Commercial and Industrial Districts… c. Width of Pavement… d. Dimensions of Blocks… e. Dead-end Streets… f. Street Jogs… g. Half-streets… 392 of 451 h. Marginal Access Streets… i. Local Streets… j. Railroads Abutting Developments… k. Thoroughfare Intersections… l. Alignment, Tangent, Deflection, Radii… m. Traffic Calming Measures… n. Lot Access… o. Driveway Spacing… p. Street Connections… q. Cross Access Roads… r. Median Strips… s. Entrances to Developments… t. Collector Road Dedication… u. Visual Obstructions of Intersections… v. Right-of-Way Improvement & Construction Standards… 5. Construction, Repair, or Alterations… D. Sidewalks. 1. General… 2. Standards… 3. Construction, Repair, or Alterations… 4. Abandonments… 5. Miscellaneous… 6. Community Design. See Chapter 4, Article III, Sections 6 and 7 Section 4 below for additional regulations community design standards related to sidewalks and pedestrian pathways. E. Pedestrian and Bicycle Paths… F. Bridges & Culverts… G. Drainage, Stormwater, and Wastewater Management… H. Canals and Waterways… Section 4. Community Design. A. General. 1. Purpose and Intent. The purpose of this section is to promote harmony with nature and a pleasant and comprehensible cohesiveness among development within the City. Through enforcement of the Community Design, the local elected officials shall determine the basic aesthetic character to be achieved in the development of the community. 2. Administration. The Director of Planning and Zoning shall have the authority to coordinate, interpret, and administer this section. 393 of 451 3. Waiver. Any deviation or variation from the regulations of this section requires the approval of a Community Design Appeal (CDPA) in accordance with Chapter 2, Article II, Section 4.B. B. Sidewalks. The following regulations shall apply to sidewalks: 1. “Urban Mixed Use” Districts. The following regulations shall apply to sidewalks in the Mixed Use-Low Intensity 1, Mixed Use-Low Intensity 2, Mixed Use-Low Intensity 3, and Mixed Use-High Intensity districts: a. Materials. Sidewalks shall, where practical, be Holland-Stone pavers, red/charcoal color mix 2 by Paver Systems, Inc., or equal, laid in a 4 S herringbone pattern to continue the consistent with the current design elements in place along Federal Highway. b. Design. Pedestrian circulation should be carefully planned to prevent pedestrian use of vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to public walkways. 2. Mixed Use-High Intensity (MU-H) District. Sidewalks constructed along arterial roadways shall be a minimum of ten (10) feet wide, measured from the back of the curb. 3. Mixed Use Developments. Sidewalk accents via pavers or stamped colored concrete shall be utilized in all central pedestrian ways of mixed-use development areas. 4. Large Non-Residential Development (Big Box) Regulations. See Chapter 4, Article III, Section 3.I for additional regulations regarding pedestrian pathways within large non- residential (big box) developments. Section 4 5. Penalties… PART III (LDR), CHAPTER 4, ARTICLE IX BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS. ARTICLE IX. BUILDING, CONSTRUCTION, AND HISTORIC PRESERVATION REQUIREMENTS. Section 1. General… Section 2. City Approval Required… Section 3. Certificate of Occupancy or Completion… 394 of 451 Section 4. Florida Building Code Requirements… Section 5. Coastal Building Zone Requirements… Section 6. Historic Preservation Requirements. A. General 1. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City’s health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: a. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City’s historical, cultural, social, economical, political, archaeological, and architectural identity; and/ or serve as visible reminders of the City’s culture and heritage; b. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; c. Strengthen civic pride and cultural stability through neighborhood conservation; d. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; e. Protect and enhance the city’s historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; f. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; g. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city’s historic districts and neighborhoods; h. Protect an enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; i. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural 395 of 451 beauty, special architectural features, and special landscape features of the City; j. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; k. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City’s Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. 2. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. 3. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants-In-Aid program. 4. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property affecting a Historic Property or a Property within a Historic District, and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and 396 of 451 the Historic Resources Preservation Board will promptly be notified of the action being taken. 5. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 6. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 7. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to 397 of 451 improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment, etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment, as well as skylights, shall be located on a non-character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. B. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, feeling, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District, at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas; a. Association with events that have made a significant contribution to the broad patterns of the City’s history; or b. Association with the lives of persons significant in the City’s past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed 398 of 451 historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. 3. Procedures. See Chapter 2, Article II, Section 6. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board’s recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision 399 of 451 entity-owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; 400 of 451 (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. 401 of 451 (1) Boynton Woman’s Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer’s Addition, City of Boynton Beach, Florida. (Published 3/7/1994). C. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Secretary of the Interior’s Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior’s Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: a. A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. b. The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. c. Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. d. Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. f. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and 402 of 451 other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. g. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. h. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. i. New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. j. New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 2. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: a. New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (1) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (2) Building Height. The height of the Building at street level should be visually 403 of 451 compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (3) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (4) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (5) Rhythm of Solids to Voids. The relationship between solids (walls) and voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (6) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (7) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (8) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (9) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. 404 of 451 b. Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (1) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (2) Minimize the loss of historic materials from the historic structure and protect character-defining features. (3) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. (4) Differentiate the addition from the historic structure. (5) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (6) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (7) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (8) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. c. Demolition. All demolitions of historic structures within a Historic District shall comply with the following: (1) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon a good cause showing that such requirement would be unduly harsh or 405 of 451 would result in a substantial hardship to the Property owner. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (a) The Resource contributes significantly to the historic character of a designated Property or District. (b) The Resource is listed on the National Register. (c) The Resource is one of the last remaining examples of its kind in the neighborhood or City. (d) The Resource is capable of being repaired and reused in a practical and feasible manner. (e) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by 406 of 451 developing an understanding of the importance and value of a particular culture or heritage. (f) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (g) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (2) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (3) Salvage and Preservation of Specific Features. The Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (4) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board’s review of the application and the City Commission’s decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by 407 of 451 the City Commission. If for any reason the designation process is not completed and the demolition application is approved, the owner shall, at his/her expense, fully record the building prior to Demolition and attempt to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. d. Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: (1) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (2) There are no definite plans for the area to be vacated. (3) There are definite plans for the area to be vacated that may adversely affect the character of the District. (4) The Resource cannot be moved without significant damage to its physical integrity. (5) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (6) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board’s decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board’s decision, a new Certificate of Appropriateness application for such change must be submitted for review. D. Historic Preservation Property Tax Exemption Program. 1. General. 408 of 451 a. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. b. Exemptions. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior’s Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 2. Tax Exemption for Historic Properties. a. The City Commission hereby creates a tax exemption for the appropriate restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any appropriate renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. b. The above exemption does not apply to: (1) Taxes levied for payment of bonds; (2) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (3) Personal property. 409 of 451 3. Qualifying Properties and Improvements. a. The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (1) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (2) Is a contributing property to a national register-listed district; or (3) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (4) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. b. For an improvement to a historic property to qualify the property for an exemption, the improvement must: (1) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended, (2) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC lA-38, as amended, and (3) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. 4. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the 410 of 451 federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being “regularly and frequently open” for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. 5. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/ Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 6. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. 7. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. a. Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. 411 of 451 b. If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. 8. Appeals to the Historic Resources Preservation Board. a. Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file a written notice of appeal of the denial to the Board. The appeal shall be processed in accordance with the public meeting and notification procedures required of the City’s quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting or adjacent property as determined by the Historic Preservation Planner. b. If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 9. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. 10. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. 11. Final Application and Request for Review of Completed Work. 412 of 451 a. The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. b. If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. c. If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. 12. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of' a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. 13. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to 413 of 451 approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. 14. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and 3) the resolution of the City Commission approving the Final Application and authorizing the tax exemption. 15. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. 16. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: a. Revocation Proceedings. (1) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (2) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (3) The City Commission shall review the recommendation of the Board and make a 414 of 451 determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County; (4) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and b. Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. 17. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. E. Standards for Archeological Work; Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 415 of 451 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and the United States Department of the Interior, or their successor agencies. 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense o the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. Section 7. Enforcement and Penalties. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. A. Purpose and Intent. These provisions are designed to identify, protect, restore and encourage the reuse of Resources, all of which are essential to the City’s health, safety, morals and its economical, educational, cultural, and general welfare. These valid public purposes shall be fulfilled by the ordinance, to achieve the following goals: 1. Preserve, protect, enhance and perpetuate Resources which represent distinctive and significant elements of the City’s historical, cultural, social, economical, political, archaeological, and architectural identity; and/ or serve as visible reminders of the City’s culture and heritage; 2. Ensure the harmonious, orderly, and efficient growth, prosperity and development of the City through retention and reuse of its historic and cultural Resources; 3. Strengthen civic pride and cultural stability through neighborhood conservation; 416 of 451 4. Contribute to the stabilization of the economy of the city through the continued use, preservation, conservation and revitalization of its Resources; 5. Protect and enhance the city’s historic, cultural and architectural attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; 6. Promote the use of Resources for the education, pleasure, and welfare of the people of the City; 7. Provide a review process for the continued preservation and appropriate, compatible and sensitive development of new construction and additions with in the city’s historic districts and neighborhoods; 8. Protect an enhance the scale, character and stability of existing neighborhoods, and protect against destruction of or encroachment upon areas which contribute to the character of the City; 9. Facilitate the creation of a convenient, harmonious and attractive community, and protect the architectural beauty, special architectural features, and special landscape features of the City; 10. Avoid demolition, or other adverse effect on historic properties (Properties) and Districts, which would cause an irreparable loss to the City; 11. Assist neighborhoods to achieve a positive neighborhood identity and sense of place. In addition, these provisions are designed to implement, be consistent with, and assist in the achievement of the goals, objectives and policies, as specifically required by the City’s Comprehensive Plan, with respect to historic, conservation, and neighborhood Resources. B. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions which pertain to the historic preservation regulations and standards contained herein. C. Designation of Historic Properties and Districts. 1. Guidelines for Historic Designation. To qualify as a Property or a District, individual properties must have significance in American history, architecture, archeology, engineering or culture and possess integrity of location, design, setting, materials, workmanship, and association. For Districts, eligibility is based on the establishment of historic contexts or themes which describe the 417 of 451 historical relationship of the Properties within the district. Individual Buildings shall normally be at least 50 years old and, in the case of a District, at least 50% of the Buildings shall normally be at least fifty years old. Buildings shall also be significant in one or more of the following areas; a. Association with events that have made a significant contribution to the broad patterns of the City’s history; or b. Association with the lives of persons significant in the City’s past; or c. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d. Has yielded, or may be likely to yield, information important in prehistory or history; or e. Is listed in the National Register of Historic Places. 2. Criteria Considerations. Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from 418 of 451 age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or g. A property achieving significance within the past 50 years if it is of exceptional importance. 3. Procedures. a. Eligible Applicants. Applications for historic designation may be initiated by only the following: (1) Historic Resources Preservation Board, herein referred to as “Board” (see Chapter 1, Article VII, Section 4). (2) City Commission. (3) A property owner for designation of a Site. (4) A simple majority of property owners within the proposed District under consideration for designation. Only the Board or the City Commission may initiate designation of a property or district owned by the City, County, State or by an entity created by state law. For District designations, each Property shall be allotted one vote. The identity of the property owners shall be determined by the most current Palm Beach County Property Tax Rolls. b. Application Form. Nominations for historic designations shall be made only on application forms approved by the Board. c. Board Agenda. Following staff determination that an application for designation is complete; the application shall be scheduled for a public hearing by the Board. 419 of 451 d. Board Public Hearing Notice. The Board shall advertise and hold a public hearing in accordance with the following public noticing requirements. Notice of the time, place and subject matter of the hearing shall be mailed to the applicant and mailed to any owner of real property within 400 feet of the property or district subject to potential designation, at least 10 calendar days prior to the date set for the public hearing. For the proposed designation of an individual site, one (1) sign for each street frontage of the property shall be posted in a prominent location no less than 10 calendar days prior to the hearing. In the case of a proposed historic district, signs will be placed in prominent locations along public streets at the outer boundaries of the proposed district in such a manner as will assure that the signs will be seen by as many affected property owners as possible. Signs shall be legible from a distance of 100 feet and shall contain a description of the approval being sought, the date, time and location of the hearing, and a statement that the application being considered is available for inspection in the Development Department of the City of Boynton Beach. Minimum sign size shall be 24” wide by 18” high. e. No Action Permitted During Pendency. During the period that a designation application is pending, no changes to the property or district shall be made unless first approved by the Board. The application is considered “pending” until the final decision on the designation is made by the City Commission. f. Board Recommendations. The Board shall make a recommendation as to the proposed designation at the public hearing, based on findings of fact which support the recommendation. The Board’s recommendation shall be reduced to writing within 15 working days after the hearing date. If the Board votes to recommend approval, it will forward the application with recommendations to the City Commission. If the Board recommends denial, no further action is required unless an applicant, or not less than two- thirds of the affected property owners (in the case of a District), appeals to the City Commission. In such event the City Commission may reconsider designation or require the Board to do so. g. City Commission Decision. Following the Board hearing, a designation application with a Board recommendation for approval shall be scheduled for hearing by the City Commission. The City Commission 420 of 451 may approve or deny the designation application. Alternatively, the City Commission may approve the designation with conditions or delay designation for up to one (1) year. The City commission shall make written findings of fact on which its decision is based. h. Boynton Beach Register of Historic Places. A Resource designated by the City Commission as historic shall be listed in the Boynton Beach Register of Historic Places. The Register shall be updated periodically and the inventory material will be open to the public. Inventory materials shall be compatible with the Florida Master Site File and duplicates of all inventory materials will be provided to the State Historic Preservation Office. Resources listed in, or eligible for listing in the National Register or on the Boynton Beach Register of Historic Places, either as a Property or as a Contributing Property within a District, may be entitled to modified enforcement of the City’s applicable building and zoning codes, if in accord with the Design Guidelines Handbook. i. Designation Recorded. The historic designation ordinance shall be recorded in the Official Records of Palm Beach County. Boundaries for historic districts and individual properties identified in the ordinance shall be clearly established. The designation shall be noted in the official records of the City’s Planning & Zoning and Building Departments to ensure that all City actions taken in connection with the subject property or district are taken subject to the designation. j. Historic District Street Signs. For Districts, the City shall erect standardized street signs identifying the District within two (2) years from the date of such designation, subject to economic feasibility. The design shall be first approved by the Board. 4. Removal of Designation. A designation may be removed by the City Commission based upon the Board’s recommendation. Such recommendation shall be based upon new and compelling evidence and evaluation of work or natural cause producing an adverse effect to a Property or District. The same guidelines and the same procedures established for designation shall be considered for a removal of designation. 5. Designation of County, State or Other Political Subdivision Properties. County, state or political subdivision entity-owned Properties may be designated as a Property or District if such designation is not prohibited or preempted by law, or otherwise provided for in the Intergovernmental Coordination 421 of 451 Element of the Comprehensive Plan. In the absence of prohibition, preemption, or other agreement, such other government may only avoid designation of its Property by bearing the burden of proof that public interests, on balance, are best served by avoiding such designation. Such determination shall be established by the process as set forth in this ordinance. Once designated, unless reversed upon appeal, such designated Property or District shall comply with and be regulated by all regulations contained in this ordinance. 6. Maintenance and Repair of Designated Properties; Demolition by Neglect Prohibited. a. Ordinary Maintenance or Repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building or structure that does not involve a change of design, appearance or material, and which does not require a building permit. b. Affirmative Maintenance Required. The owner of a property designated pursuant to this chapter either individually or as part of a district or zone shall comply with all applicable codes, laws and regulations governing the maintenance of property. It is the intent of this section to preserve from deliberate or inadvertent neglect the exterior features of such properties and the interior portions thereof when maintenance is necessary to prevent deterioration and decay of the property. All such properties shall be preserved against decay and deterioration and shall be free from structural defects though prompt corrections of any of the following defects: (1) Facades that fall and injure the subject property, adjoining property or members of the public; (2) Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports; (3) Members of ceilings, roofs ceiling and roof supports or other structural members that may rot, sag, split or buckle due to defective material or deterioration; (4) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, 422 of 451 including broken, unsecured or missing windows or doors. (5) Any fault or defect in the property that renders it structurally unsafe, insufficiently protected from weathering, or not properly watertight. 7. Nominations to the National Register of Historic Places. As part of the duties under the Certified Local Government program, the Historic Resources Preservation Board shall receive all nominations of local property to the National Register of Historic Places following the regulations of the State Historic Preservation Office. a. Appropriate local officials, owners of record, and applicants shall be given a minimum of thirty calendar days and not more than seventy-five calendar days prior notice to Historic Resources Preservation Board meetings in which to comment on or object to the listing of a property in the National Register. b. Objections to being listed in the National Register by property owners must be notarized and filed with the State Historic Preservation Officer. Within thirty (30) days after its meeting the Board shall forward to the State Historic Preservation Officer its action on the nomination and the recommendations of the local officials. Appropriate local officials, the owner and the applicant shall be notified of the board's action. c. The State Historic Preservation Officer will take further steps on the nomination in accordance with federal and state regulations. If either the Board or the local officials or both support the nomination, the State Historic Preservation Officer will schedule the nomination for consideration by the state review board for the National Register at its next regular meeting. If both the Board and the local officials recommend that a property not be nominated to the National Register, the State Historic Preservation Officer will take no further action on the nomination unless an appeal is filed with the State Historic Preservation Officer. 8. Designated Historic Sites. The following Historic Sites have been established: a. National Register. 423 of 451 (1) Boynton Woman’s Club, 1010 South Federal Highway, located on Lots 4, 5, 6, and 7 less the West 35 feet thereof, Parker Estate, according to the plat thereof recorded in Plat Book 10, Page 37 of the Public records of Palm Beach County, Florida. (Published 4/26/1979). (2) Boynton School, 141 East Ocean Avenue, located on Lot 3, Block 4 of Sawyer’s Addition, City of Boynton Beach, Florida. (Published 3/7/1994). D. Certificate of Appropriateness. The Board or staff shall review actions affecting the exterior of Properties and all Resources, including non-contributing Properties, within Districts. 1. Board Approval Required. a. Board Approval. Utilizing the Design Guidelines Handbook, the Board reviews applications for Certificates of Appropriateness for alterations, new construction, demolitions, relocations, and Certificates of Economic Hardship affecting proposed or designated Properties or Properties within Districts. b. Delegation of Review Authority. The Board may delegate to staff the authority to administratively review and grant a Certificate of Appropriateness without formal action by the Board. This delegation of review shall be depicted in a “Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix” (the “Matrix”). The Matrix will contain a list of design features, such as roofing materials, window types, shutter types, etc. The Matrix will indicate whether such features may be administratively reviewed or if Board review is required. The Board shall approve or amend the “Historic Resources Preservation Board Certificate of Appropriateness Approval Matrix” as needed. This delegation of review may also be returned to the Board at its discretion. In conducting its reviews, staff will utilize the Design Guidelines Handbook as one analytical tool in evaluating any applications. If staff does not grant administrative approval of an application, the application may be referred to the Board for review. Any applicant may request referral to the Board rather than administrative review. An application referred by staff or an applicant will be considered in accordance with the application review schedule contained in Section 2.b. below. 424 of 451 2. Application Procedure, Fees and Review. a. Application and Fees. Requests for Certificates of Appropriateness shall be made only on application forms approved by the Board. Submittal of the application must be made with the appropriate site plans, drawings, photographs, descriptions, and other documentation needed to provide staff and the Board with a clear understanding of the proposed action. Application fees and other applicable charges shall be established by resolution adopted by the City Commission. b. Completeness Review and Board Agenda. Staff shall review all applications for Certificates of Appropriateness to determine whether an application is complete. If the application is incomplete, staff will notify the applicant of what additional information is necessary. An application will not be reviewed until staff determines that it is complete. All Certificate of Appropriateness applications eligible for administrative review will be reviewed in a timely manner and a written decision sent to the applicant. All Certificate of Appropriateness applications requiring Board review will be scheduled for hearing by the Board at the first available meeting approximately six weeks after receipt of the completed application. The meeting shall be publicly announced and will have a previously advertised agenda. The Board may suspend action on the application for a period not to exceed thirty days in order to seek technical advice from outside its members or to meet further with the applicant to revise or modify the application. c. Secretary of the Interior’s Standards for Rehabilitation. In reviewing an application, the Secretary of the Interior’s Standards for Rehabilitation (as may be amended from time to time) shall be applied. The current version is as follows: (1) A Property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the Building and its site an environment. (2) The historic character of a Property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a Property shall be avoided. 425 of 451 (3) Each Property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (4) Most Properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior Alterations, or related new construction shall not destroy historic materials that characterize the Property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the Property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic Property and its environment would be unimpaired. 426 of 451 d. Additional Criteria. The above Standards for Rehabilitation shall be supplemented by the following criteria specific to certain types of requests: (1) New Construction and Alterations. All new construction and Alterations to existing buildings within a designated historic district or on an individually designated property shall be visually compatible, and meet the following guidelines. (a) Setting, Orientation and Setbacks. The Building should be situated approximately the same distance from the street as adjacent Buildings, to create a continuous street edge. The orientation of the Building should be visually compatible with that of the buildings in the Historic District. The Setting should be designed with the overall environment in mind. It should take into account the compatibility of landscaping, parking, service areas, walkways, and accessory structures. (b) Building Height. The height of the Building at street level should be visually compatible in comparison or relation to the height of the existing contributing buildings in the Historic District. (c) Design Styles. New Buildings should take their design cues from the prevailing architectural styles within the Historic District. Traditional or contemporary design standards and elements should relate to the existing styles. (d) Proportion of Openings. The openings of any building within a Historic District should be visually compatible with the openings in existing contributing buildings within the Historic District. The relationship of the width of windows and doors to the height of windows and doors should be visually compatible with the existing contributing buildings within the Historic District. (e) Rhythm of Solids to Voids. The relationship between solids (walls) and 427 of 451 voids (windows and doors) of a Building should be visually compatible with the Surrounding Buildings. (f) Rhythm of Spacing along the Street. The relationship of Buildings to the open space between them should be compatible with the other Buildings on each side of the street in that block. (g) Relationship of Materials and Textures. The materials and textures of a Building should be chosen with the predominant materials of the Historic District in mind. Simplicity in such use is preferable. (h) Roof Shapes. The roof shape of a Building is a major distinguishing feature. The roof shape of a Building should be compatible with the roof shape of existing contributing buildings within the Historic District. The roof shape shall be consistent with the architectural style of the Building. (i) Size, Scale, Bulk, Mass and Volume. The physical size, scale, bulk, mass and volume should be compatible with the existing contributing buildings within the Historic District without overwhelming them. (2) Additions. All additions to historic structures or structures within a Historic District shall meet the following guidelines. (a) Locate an addition to the rear or least visible sides of historic structures. Locating an addition on the front elevation should be avoided. (b) Minimize the loss of historic materials from the historic structure and protect character-defining features. (c) Design the addition to be compatible in terms of massing, size, scale, relationship of solids to voids, and architectural features. An addition should be subordinate to the historic building. 428 of 451 (d) Differentiate the addition from the historic structure. (e) If permitted, rooftop additions should generally be limited to one story in height, should be set back from the wall plane and should be as inconspicuous as possible. (f) Continue the design elements on all elevations of the new construction, not only those elevations that can be viewed from the street. (g) Design and construct the addition so that, if removed in the future, the essential form and integrity of the historic structure will be unimpaired. (h) Limit the size and number of openings between the old and new building by utilizing existing doors or by enlarging existing windows. (3) Demolition. All demolitions of historic structures within a Historic District shall comply with the following: (a) Simultaneous certificates required. No Building or Structure on a Property or located within a District shall be demolished without first receiving a Certificate of Appropriateness for new construction. The applications for demolition and new construction shall be reviewed by the Board simultaneously. The requirement of a Certificate of Appropriateness for new construction may be waived by the Board upon a good cause showing that such requirement would be unduly harsh or would result in a substantial hardship to the Property owner. A showing of good cause may include, but is not limited to, evidence that the Property owner is unable to comply with the requirement for simultaneous new construction due to advanced age, infirmity, 429 of 451 physical or other debilitating handicap, or financial hardship. If an application for Certificate of Appropriateness for Demolition is approved, the owner shall, at his/her expense, fully record the building prior to Demolition. At a minimum, the owner shall provide an architectural description, floor plan with interior and exterior dimensions, interior and exterior photographs, and any other information requested by the Board. Said record shall be deposited in the local archives, where it will be made available to the public. Upon approval by the Board of a Certificate of Appropriateness for Demolition, the demolition permit shall not be issued until all demolition and new construction plans for the Property have received all other required governmental approvals. The existence of one or more of the following conditions may be the basis for denial of a demolition application: (i) The Resource contributes significantly to the historic character of a designated Property or District. (ii) The Resource is listed on the National Register. (iii) The Resource is one of the last remaining examples of its kind in the neighborhood or City. (iv) The Resource is capable of being repaired and reused in a practical and feasible manner. (v) Retention of the Resource would promote the general welfare of the City by providing an opportunity to study local history, architecture and design, or by developing an understanding of the importance and value of a particular culture or heritage. 430 of 451 (vi) Granting a Certificate of Appropriateness for the Demolition would result in an irreparable loss to the City of a significant Resource. (vii) The plans for the simultaneous new construction (if the Demolition is granted) are not compatible with the Property or District. (b) Demolition Delay Period. The Board may grant a Certificate of Appropriateness for Demolition which may contain a delayed effective date. The effective date will be determined by the Board based on the relative significance of the Resource and the probable time required to arrange a possible alternative to demolition. The Board may delay demolition for up to three (3) months. During the demolition delay period, the Board may take such steps as it deems necessary to preserve the Resource. Such steps may include, but are not limited to: consultations with community groups, public agencies and interested citizens; recommendations for acquisition of the Property by public or private bodies, or agencies; an exploration of the possibility of moving the Resource. (c) Salvage and Preservation of Specific Features. The Board may require the Property owner to salvage and preserve specified classes of building materials, architectural details, ornaments, fixtures and the like. (d) Authority to Initiate Designation. If an undesignated property warrants it and it is otherwise authorized under this ordinance, staff may initiate, or recommend that the Board initiate, the designation application and review process. Staff may further request that the Board require that the issuance of a demolition permit be stayed pending the Board’s review of the application and the City Commission’s 431 of 451 decision to designate or deny designation of the property. However, the maximum period during which the issuance of a demolition permit may be stayed pursuant to this paragraph is one hundred twenty (120) days, unless extended by the City Commission. (4) Relocation. The existence of one or more of the following conditions may be the basis for denial of a relocation application: (a) The historic character or aesthetic interest of the Resource contributes to its present setting in such a manner that relocation would result in a substantial loss to the setting or District. (b) There are no definite plans for the area to be vacated. (c) There are definite plans for the area to be vacated that may adversely affect the character of the District. (d) The Resource cannot be moved without significant damage to its physical integrity. (e) The proposed relocation area is not compatible with the historic, cultural, and architectural character of the Resource. (f) Little or no effort has been made to consider relocation within the same District or within another District with compatible historic, aesthetic, cultural, or design qualities with the relocated Resource. e. Decisions. Decisions regarding application for Certificates of Appropriateness shall be based on the application, the application’s compliance with this Ordinance, and the evidence and testimony presented in connection with the application. In reviewing an application, staff and the Board shall be aware of the importance of finding a way to meet the current needs of the property owner. The Staff and the Board shall also recognize the importance of recommending approval of plans that will be reasonable for the property owner to carry out. Any conditions or 432 of 451 requirements imposed shall be reasonably related to the Certificate of Appropriateness sought by the applicant. f. Notice of Decision on Application. Staff shall notify the applicant in writing of any decision on the application with five (5) working days from the date of the decision. g. Changes in Approved Work. Any change in the proposed work following the issuance of a Certificate of Appropriateness shall be reviewed by staff. If the proposed change does not materially affect the historic character or the proposed change is in accordance with the Board’s decision, staff may administratively approve the change. If the proposed change is not in accordance with the Board’s decision, a new Certificate of Appropriateness application for such change must be submitted for review. E. Certificate of Economic Hardship. Prior to taking an appeal of a decision to the City Commission on an application for Certificate of Appropriateness, an applicant may file an application for a Certificate of Economic Hardship. 1. Application and Procedures. a. Application. A Certificate of Economic Hardship application must be submitted within 30 days of the date of the hearing at which the Board’s decision on the application is announced. b. Board Agenda and Notice. The Board shall schedule a public hearing within 60 working days from the receipt of the application and shall provide notice of such hearing in the same manner as for the Certificate of Appropriateness application. c. Negotiations Prior to Certificate of Economic Hardship Hearing. During the period between receipt of the Certificate of Economic Hardship application and the Board’s public hearing, the applicant shall discuss the proposed action with staff, other City officials and local preservation organizations to consider alternatives that will avoid an economic hardship and have the least adverse effect to the Property and/or the District. Staff may request information from various City departments and other agencies in order to negotiate an alternative resolution that is in the best interest of the applicant and the City. If negotiations are successful, staff shall make written recommendations to the Board regarding such alternatives. 433 of 451 d. Determination of Economic Hardship. The applicant has the burden of proving by competent substantial evidence that the Board’s decision regarding the Certificate of Appropriateness application has caused or will cause an unreasonable economic hardship. To determine economic hardship, the Board may request the following: (1) Proposed construction, alteration, demolition and removal costs; (2) structural and condition reports from a licensed professional with experience in assessing historic buildings; (3) estimates as to the economic feasibility of rehabilitation or reuse; (4) the purchase price of the property, recent appraisals, assessments, and real estate taxes; (5) details of any income obtained from the property and cash flows; (6) the status of any leases or rentals; and (7) all other information considered necessary by the Board to determine whether the property does or may yield a reasonable return to the owner. The effect of denial of the application for Certificate of Economic Hardship is that the decision regarding the Certificate of Appropriateness is upheld. If the application for Certificate of Economic Hardship is granted, the Board may issue the Certificate of Economic Hardship without conditions. Alternatively, the Board may issue the Certificate with conditions that will avoid the economic hardship and have the least adverse effect to the Property and the District. Such conditions may include, but are not limited to: ad valorem tax relief, loans or grants, requiring the owner to market and offer the Property for sale for a fair market price with appropriate preservation protections for a period of time not to exceed six (6) months, acquisition by a third party for a fair market value, Building and Zoning Code modifications, relaxation of the provisions of this ordinance, recommendation by the City Manager some or all of the applicable Board fees be waived, or such other relief as appropriate. 434 of 451 F. Appeal of Certificate of Appropriateness and Certificate of Economic Hardship Decisions. Any applicant may appeal a decision of the Board to the City Commission regarding an application for Certificate of Appropriateness and/or an application for Certificate of Economic Hardship. The applicant shall file a written notice of the appeal with staff within 30 days of the date of the hearing at which the Board’s decision on the application is announced. The City Commission shall place the matter on the Commission’s agenda within 45 working days from the date of the written notice of appeal. The meeting at which the appeal is placed on the agenda shall be no later than 60 working days from the date of the written notice of appeal. Consideration of the appeal by the City Commission shall be de novo review. The City Commission shall be required to apply the applicable standards and criteria set forth in this ordinance. A decision of the City Commission may be appealed to a court of competent jurisdiction within thirty (30) days after the hearing at which the decision is announced. G. Enforcement and Penalties. The City or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development Regulations. H. Miscellaneous. 1. Historic Preservation Property Tax Exemption Program. The granting of tax exemptions to owners who make improvements to Historic Properties was authorized by an amendment to the Florida Constitution and codified in Section 196.1997 and 196.1998 Florida Statute (1992). The ad valorem tax exemption program was established by Palm Beach County in 1995 (Ordinance 95-41), and may be implemented in the City through an interlocal agreement with the County and a local Tax Abatement Exemption ordinance. The Tax Abatement Exemption Ordinance authorizes granting exemptions from increases to ad valorem taxes for qualified improvements to qualifying properties. Exemptions for Historic Properties are intended for the physical improvements necessary to Restore or Rehabilitate the Historic Resource, which may include additions, Alterations and new construction. The improvements must comply with the Secretary of the Interior’s Standards for Rehabilitation. The City and County will process the application following mutually established procedures through both the City and County Commissions. This program will provide an exemption from tax increases on the improvements to the Property for up to a 10 year 435 of 451 period. The exemption is conveyed through a covenant that accompanies the deed of the Property and may be transferred to future owners during the abatement period. 1A. Tax Exemption for Historic Properties a. Definitions. (1) Alteration. Any construction or change of the exterior of a building, site, or structure designated as a site or site within a district. For buildings, sites, or structures, alteration shall include, but is not limited to the changing of roofing or siding materials; changing, eliminating, or adding doors, moldings, fretwork, door frames, windows, window frames, shutters, fences, railings, porches, balconies, signs, or other ornamentation; regrading; fill; imploding or other use of dynamite. Alteration shall not include ordinary repair or maintenance, or changing of paint color. (2) Noncontributing Property. A building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because 1) it was not present during the period of significance; 2) due to alterations, disturbances, additions, or other changes, it no longer possess historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or 3) it does not independently meet the National Register of Historic Places criteria for evaluation. (3) Notice. To an Interested Party, notice shall be by U.S. Mail and deemed given as of the date of mailing. For all other persons, notice shall be by publication. b. Tax Exemption for Historic Properties. (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated herein. Qualifying property shall be exempt from that portion of ad valorem taxation levied by the City on one hundred percent (100%) of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the 436 of 451 qualifying property made on or after the effective date of this ordinance. (2) The above exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to section 9(b) or section 12, Article VII, of the Florida Constitution; or (c) Personal property. c. Qualifying Properties and Improvements. (1) The following real property in the City is qualifying property for the purposes of this subsection if at the time the exemption is approved by the City Commission, the property: (a) Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or (b) Is a contributing property to a national register-listed district; or (c) Is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and (d) Has been certified by the Board as satisfying subparagraphs (1)(a), (1)(b), or (1)(c) above. The exemption does not apply to improvements made to non-contributing principal buildings or non-contributing accessory structures. (2) For an improvement to a historic property to qualify the property for an exemption, the improvement must: (a) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation, as amended, 437 of 451 (b) Be determined by the Board to meet criteria established in rules adopted by the Department of State, Division of Historical Resources, FAC lA-38, as amended, and (c) Be consistent with any ordinance of the city designating the property as historic or designating the historic district in which the property is located. d. Evaluation of Property Used for Government or Nonprofit Purpose. Pursuant to Title XIV, Chapter 196.1998, Florida Statutes, which allows for exemption from ad valorem taxation of up to one hundred percent (100%) of the assessed value of the property as improved, a property is being used for government or nonprofit purposes if the sole occupant of at least sixty-five percent (65%) of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Chapter 617.013, Florida Statutes. As for being “regularly and frequently open” for public access, the property shall be open to the public not less than twelve (12) days per year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. e. Application for Exemption; Fees. An applicant desiring an ad valorem tax exemption for proposed improvements to a historic property must file a request accompanied by its corresponding fee and all documentation required by the application checklist. The request shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources and promulgated in accordance with Rule 1A-38, Florida Administrative Code, and include additional information and documentation of the cost of the qualifying improvement. Part 1 of the application, the Preconstruction Application, shall be submitted before qualifying improvements are initiated and Part 2, the Final Application/ Request for Review of Completed Work, shall be submitted to the City for review upon completion of the qualifying improvements. The Final Application/Request for Review of completed Work shall contain the Historic Preservation Exemption Covenant as established by the Department of State, Division of Historical Resources and applicable for the term for which the exemption is granted. 438 of 451 f. Preconstruction Application. The review process shall be initiated with the submittal of a Preconstruction Application to the City. The Preconstruction Application shall contain a copy of the application for Certificate of Appropriateness, information on project cost, and a copy of the most recent tax bill for the subject property from the Palm Beach County Property Appraiser. Upon the receipt of the Preconstruction Application by the City, the City shall conduct a review for eligibility in accordance with the requirements stated herein. g. Review of Preconstruction Application. A review of the Preconstruction Application shall be completed by the City in accordance with the established schedule and process. (1) Once the City determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained herein, the City shall approve the Preconstruction Application and issue a written notice to the applicant with a copy to the Board. (2) If the City determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained herein, a written notice shall be provided to the applicant, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. h. Appeals to the Historic Resources Preservation Board. (1) Within ten (10) days of receipt of notice that the City has denied a Preconstruction Application, the applicant may file an appeal of the denial to the Board. The appeal shall be filed on a form prepared by the City and processed in accordance with the public meeting and notification procedures required of the City’s quasi-judicial hearing process, except that public notices need only be mailed to owners of abutting properties. (2) If the Board denies the appeal, the applicant may appeal the action of the Board to the City Commission. 439 of 451 i. Issuance of Other Permits or Approval. If all or part of the proposed improvements require a building permit or other necessary approval of the City or any other governmental agency, the improvements shall also be reviewed pursuant to any other applicable code provisions of the City and require such corresponding approval. A Preconstruction Application shall not be approved by the City and issued until such permit or other approvals have been granted. No certificate of occupancy or completion shall be issued by the City until the Final Application has been approved by the City Commission and all appeal proceedings have been completed. j. Completion of Work. An applicant must complete all work within two (2) years following the date of approval of a Part 1, Preconstruction Application by staff. A Preconstruction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Preconstruction Application. The Board, upon the recommendation of the City, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. k. Final Application and Request for Review of Completed Work. (1) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total cost of the qualifying improvements. Appropriate documentation may include, but is not limited to paid contractor's bills, cancelled checks, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documents, the City shall inspect the completed improvements to ensure compliance with the Preconstruction Application, Certificate of Appropriateness, and any approved amendments. (2) If the City determines that the work is a qualifying improvement and is in compliance with the review standards contained herein, the Final 440 of 451 Application/Request for Review of Completed Work shall be approved and forwarded to the Board for review, and written notice shall be provided to the applicant. (3) If the City determines that the work as completed is not in compliance with the Preconstruction Application or the established timeframe as described in this section, the applicant shall be given written explanation for such findings, including recommendations concerning the changes to the proposed work necessary to make it a qualifying improvement and bring it into compliance with the review standards. The application will be forwarded to the Board for review once the applicant makes the adequate changes necessary for compliance, or upon receiving notice from the applicant that no further changes will be made to the project. l. Recommendations to Historic Resources Preservation Board and City Commission. On completion of the review of' a Final Application/Request for Review of Completed Work, the City shall present such Final Application in a regularly scheduled meeting of the Board and recommend that such Board grant or deny the exemption. The recommendation and explanation shall be provided in writing to the applicant and Board for consideration at a public meeting. The application, along with a recommendation of approval or denial shall subsequently be forwarded by the Board to the City Commission for final consideration. m. Approval by the City Commission. Upon approval of a Final Application/Request for Review of Completed Work by the Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval. The resolution to approve the Final Application shall indicate the property owner, property address and legal description, time period that exemption will remain in effect and expiration date, and shall require the owner to record the restrictive covenant in the Official Record Book of Palm Beach County. The applicant shall provide the City with two (2) certified copies of the recorded covenant. n. Notice of Approval to the Property Appraiser. The City shall transmit the following certified copies to the Palm Beach County Property Appraiser: 1) 441 of 451 recorded restrictive covenant; 2) approved Final Application/Request for Review of Completed Work; and 3) the resolution of the City Commission approving the Final Application and authorizing the tax exemption. o. Effective Date and Duration of Tax Exemption. When the City Commission approves a historic preservation tax exemption, the covenant shall be in effect for ten (10) years; however, the City Commission has the discretion to approve a shorter time frame if petitioned by the property owner. The effective date of the exemption shall be January 1 of the following year from when the covenant and resolution are recorded with the Palm Beach County Clerk of the Court. p. Property Maintenance, Penalty, and Revocation. The character of the property and qualifying improvements are to be maintained during the period that the exemption is granted. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the revocation of the granted tax exemption, and the property owner being subject to the payment of taxes that would have been owed had the exemption not been initially granted (see subparagraph (2) below). The revocation process shall occur as follows: (1) Revocation Proceedings. (a) Staff or the Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms and conditions of the covenant; (b) The Board shall provide notice to the current owner of record of the property and hold a revocation public hearing, and make a recommendation to the City Commission; (c) The City Commission shall review the recommendation of the Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided herein shall 442 of 451 be provided to the owner, the Palm Beach County Property Appraiser and filed in the official records of Palm Beach County; (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1 of the year following receipt of the notice of revocation; and (2) Notice of Penalties. The resolution revoking the tax exemption shall include a statement that a penalty equal to the total amount of taxes that would have been due in March of each of the previous years in which the tax exemption and covenant were in effect had the property not received the exemption, less the amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Section 212.12, Florida Statutes shall be imposed by the Palm Beach County Tax Collector for violation of the terms, conditions and standards of the Historic Preservation Exemption Covenant. q. Annual Report. The City shall prepare an annual report to the City Commission regarding the tax exemption proposed in this article. The report shall be filed in January of each calendar year, and shall summarize the activities of the City and Board related to this article during the previous calendar year. The information shall include, but not be limited to, a list of the properties for which a Part 1, Preconstruction Application, and Part 2, Final Application/Request for Review of Completed Work were made during the preceding year; an explanation of the disposition of each application; the expenditures on each approved qualifying improvement during the calendar year; the total number of properties currently participating in the program provided within this article; and any other information requested by the City Commission. 2. Certified Local Government Review. The City Commission is a Certified Local Government (CLG) approved by the Florida Department of State, Division of Historical Resources. The City Commission as a CLG is required to participate in the Florida National Register of Historic Places nomination process, be involved in the Section 106 process, and is eligible to receive grants from the Certified Local Government Section of the Florida Department of State, Historical Resources Grants-In-Aid program. 443 of 451 3. Unsafe Buildings and Structures. Should the Building Official determine that a Historic Property or a Property within a Historic District is unsafe, the Planning and Zoning staff and Historic Resources Preservation Board shall be notified of such findings. Where reasonably feasible, within applicable laws and regulation, the Building Official shall endeavor to have the Resource repaired rather than demolished and shall take into account any comments and recommendation by the Board. The Board may take appropriate actions to Effect and accomplish the preservation of the Resource, including, but not limited to, negotiations with the owner and other Interested Parties, provided that such actions do not interfere with the Florida Building Codes. In the case where the Building Official determines that there are emergency conditions dangerous to the life, health or property affecting a Historic Property or a Property within a Historic District, and timely Demolition is the only course of action, the Building Official may order the Demolition and notify the Planning and Zoning Division of the impending action. In this instance, a Certificate of Appropriateness will not be required and the Historic Resources Preservation Board will promptly be notified of the action being taken. 4. Waiver of Technical Requirements. The provisions of the technical codes relating to the construction, alteration, repair, enlargement, restoration or moving of Buildings may not be mandatory for those Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places, when evaluated by a Florida registered architect or engineer and satisfactorily demonstrated to the Building Official to be safe and in the public interest of health, safety and welfare. Resources or portions thereof that do not strictly comply with the Florida Building Code may be considered to be in compliance, if it can be shown to the satisfaction of the Building Official that equivalent protection has been provided or that no hazard will be created or continued through noncompliance. (Life safety and property conservation shall be provided in accordance with Chapter 11, Sections 1105 and 1106 of the 2007 Florida Building Code, or as subsequently amended). Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive exemption from accessibility requirements. (Pursuant to Chapter 11, Section 11-4.1.7 of the 2007 Florida Building Code, or as subsequently amended, the Building Official may determine that compliance for accessible routes (exterior and interior), ramps, entrances, or toilets would threaten or destroy the historic significance of the Building, in which case the alternative requirements in Chapter 11, Section 11-4.1.7(3) may be utilized). 444 of 451 5. Administrative and Board Approval of Zoning Code Variances. Alterations to Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places may receive variances to zoning code regulations, if such regulations would adversely impact or threaten the historic significance of the Resource. The responsibility for review and approval of an application for a variance in association for a Certificate of Appropriateness for Alterations of Resources listed in the Boynton Beach Register of Historic Places and the National Register of Historic Places will rest with staff, unless the corresponding Certificate of Appropriateness requires Historic Resources Preservation Board (HRPB) action, in which case the HRPB will have review and approval responsibility. Such requests for variance shall be made on a separate application, approved by the Board. Said application fee and other applicable charges shall be established by resolution adopted by the City Commission. 6. Sustainable Building Practices. The application of sustainable, energy efficient and green building practices to improvements associated with historic properties is encouraged whenever they are compatible with best historic preservation practices. Whenever possible, equipment such as solar panels, wind generation devices, mechanical equipment, etc., should not be affixed to the building, but sited in the rear or side yard locations and fully screened with landscaping, fence or wall. When placement upon the building is unavoidable, such equipment, as well as skylights, shall be located on a non-character defining elevation or roof slope that is not visible from the street. In no instance, shall the equipment be allowed to be placed upon any character defining feature. Expedited review shall be afforded to those applicants who propose the placement of such equipment on other than the building facades or roof. I. Standards for Archeological Work; Discovery of Archeological Site. 1. The Historic Preservation Planner shall be responsible for identifying, protecting, managing and promoting all cultural resources (historic and prehistoric sites and districts) within the municipal bounds. 2. Archaeological Work. Archeological surveys, assessments, excavations, and other work required by this ordinance shall be conducted by a qualified, professional archeologist and be consistent with the guidelines for such work promulgated by Palm Beach County that are consistent with accepted professional standards and regulations developed by the Florida Department of State Division of Historical Resources and 445 of 451 the United States Department of the Interior, or their successor agencies. 3. Site Discovered During the Development Process. In the event that archaeological materials are discovered by ground disturbing activities on any property within the City, such activities in the immediate vicinity of the archaeological site shall be discontinued immediately and the Planning & Zoning Department notified. The site shall be inspected and may be required to be assessed by a qualified professional archaeologist at the expense o the property owner. 4. Unmarked Human Graves. If a discovery is made of an unmarked human grave or graves, then the procedures for notifying the State Archaeologist and County Medical Examiner shall be followed, consistent with state law. Section 7. Penalties… S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 12-005 M-1 Zoning\Proposed LDR changes - entire text (Legal's input).doc 446 of 451 14. A FUTURE AGENDA ITEMS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Review of staff recommendations for changes, EQUESTED CTION BY ITY OMMISSION deletions and additions to Planning & Zoning Department fees to reflect current services and updated costs. - October 16, 2012, Commission Meeting ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 447 of 451 14. B FUTURE AGENDA ITEMS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Scheduling of City Commission Workshop to EQUESTED CTION BY ITY OMMISSION discuss future of City Hall Campus - TBD ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 448 of 451 14. C FUTURE AGENDA ITEMS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: October 2, 2012 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of rescinding current Lobbyist EQUESTED CTION BY ITY OMMISSION Registration Ordinance to opt into Palm Beach Countywide Ordinance - 10/16/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 449 of 451 14. D FUTURE AGENDA ITEMS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/2/12 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consideration of entering into an ILA with Palm EQUESTED CTION BY ITY OMMISSION Beach County for payment of Inspector General fees directly to County - 11/7/12 ER: XPLANATION OF EQUEST H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 450 of 451 14. E FUTURE AGENDA ITEMS October 2, 2012 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 10/2/12 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Capital Facility Charge Update Study - Amending EQUESTED CTION BY ITY OMMISSION Ordinance - 12/4/12 ER: The results of the study will be presented along with XPLANATION OF EQUEST recommendations for improvements in this program. This is an Economic Development Implementation Plan (EDIP) action item. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 451 of 451