Agenda 05-21-13 Searchable
The City of
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, MAY 21, 2013
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jerry Taylor
Mayor – At Large
Woodrow L. Hay
Vice Mayor – District II
David L. Merker
Commissioner – District I
Michael M. Fitzpatrick
Commissioner – District III
Joe Casello
Commissioner – District IV
Lori LaVerriere
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).
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1. OPENINGS
EXECUTIVE SESSION
TUESDAY, MAY 21, 2013 @ 5:00 P.M.
(OR AS SOON THEREAFTER AS PRACTICABLE)
OLEN PROPERTIES CORP., a Florida Corporation; SECURED HOLDINGS, INC., a
1.
Foreign Corporation; QUANTUM LAKE VILLAS II CORP., a Foreign Corporation;
VILLAS AT QUANTUM LAKES, INC., a Florida Corporation, Plaintiffs, (CASE NUMBER
502013CA007694XXXXMB)
v.
QUANTUM PARK PROPERTY OWNERS’ASSOCIATION, INC., a Florida Not-For-Profit
Corporation; DOUGLAS MACDONALD, FIONZO BRESOLIN, EUGENE GERLICA,
HEATHER RINTOUL, CANTERBURY AT QUANTUM VILLAGE PROPERTY OWNERS
ASSOCIATION OF PALM BEACH, INC., QUANTUM PARK OVERLAY DEPENDENT
DISTRICT, DUKE PGC AT QUANTUM 1-9, LLC., and PARKSIDE TOWNHOMES
HOMEOWNERS ASSOCIATION, INC.,
2. DAVID FLOERING, Petitioner vs. CITY OF BOYNTON BEACH, Respondent
– Case No. 502012CA019202XXXXMB AN
A. Call to order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Commissioner Merker
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. Allow presentation by Florida State Representative Lori Berman District 90 to
provide an update from the recent legislative session.
B. Allow presentation by Florida State Senator Jeff Clemons District 27 to provide
an update from the recent legislative session.
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C. Present plaque to David Cordrey, Tennis Pro at Hunters Run, by a member of
the Education & Youth Advisory Board, in appreciation for his contribution to
the Tennis Carnival.
D. Presentation of the Kinetic Art Organization (KAO) video production of the 2013
International Kinetic Art Exhibit and Symposium
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. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 1 regular and 2 alternates
Historic Resource Preservation Board: 3 regulars and 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 regular and 1 alternate
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
A. Approve payment of $59,360.00 to the City of Boca Raton pursuant to an
interlocal agreement between the City of Boca Raton and the City of Boynton
Beach for the purpose of operating a Biology Processing Laboratory to pre-
process DNA samples obtained by the Boynton Beach Police Department
pursuant to criminal investigations.
PROPOSED RESOLUTION NO. R13-041
B. - Assess the cost of nuisance
abatement on properties within the City of Boynton Beach
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C. Award the "Two Year Bid for Hydraulic Cylinders and Valves, Parts and
Repairs, Bid#039-1412-13JMA to Construction Hydraulics of Lake Worth Inc.,
for an estimated expenditure of $60,000 to be used on an AS NEEDED BASIS.
PROPOSED RESOLUTION NO. R13-042
D. - Approve the Service Agreement
with Pictometry to provide web-based solution of high resolution aerial imagery
with City GIS data to create a system that is accessible and interactive at a cost
of $4,500 over the three year license agreement.
E. Accept the written report to the Commission for purchases over $10,000 for the
month of April 2013.
F. Approve the minutes from the Joint City Commission and Community
Redevelopment Agency Board meeting on April 4, 2013 and the Regular City
Commission meeting held on May 7, 2013
7. BIDS AND PURCHASES OVER $100,000
PROPOSED RESOLUTION NO. R13-043
A. - Approve a contract with Anzco,
Inc. of Boca Raton, FL; Bid No. 042-2210-13/JMA in the amount of $104,107
as the lowest, most responsive, responsible bidder for the construction of new
Bunk Rooms for Fire Station 3. Staff is requesting a 10% contingency in the
amount of $10,411 for a total approved amount of $114,518.
PROPOSED RESOLUTION NO. R13-044
B. - Approve Budget Amendment for
the Fleet Maintenance Internal Service Fund for the Fiscal Year 2012-2013,
amending the appropriated budget from $6,024,971 to $6,973,177.
2) Approve the purchase of 3 replacement vehicles and an additional vehicle
for Recreation; for a total of 4 units in the amount of $948,206. The purchases
will utilize the following contracts/bids and vendors; Florida State Contract
#760-000-10-1 (Trekker Tractor), City of Gulf Shores FSC #12-085 (Thompson
Pump & Manufacturing Co.), Florida Sheriff's Contract #11-10-1202 (Sutphen
Corporation) and Florida Department of Education Bid #2013-01 (LBS South).
8. CODE COMPLIANCE & LEGAL SETTLEMENTS
None
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
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10. CITY MANAGER’S REPORT
A. Accept quarterly status report of the City of Boynton Beach Climate Action Plan
Implementation for the 1st Quarter 2013.
B. Review options for broadcasting City Commission meetings.
11. UNFINISHED BUSINESS
None
12. NEW BUSINESS
None
13. LEGAL
PROPOSED ORDINANCE NO. 13-010 - SECOND READING - PUBLIC
A.
HEARING
- Adopt the update to the Boynton Beach Administrative
(REQUEST TABLING DUE
Amendments to the 2010 Florida Building Code
TO PUBLICATION ERROR BY NEWSPAPER)
PROPOSED ORDINANCE NO. 13-011 - SECOND READING - PUBLIC
B.
HEARING
- Approve amending Chapter 2, Article VI of the City of Boynton
Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the
.(REQUEST TABLING DUE TO
use of Park Impact Fee proceeds
PUBLICATION ERROR BY NEWSPAPER)
PROPOSED ORDINANCE NO. 13-012 - FIRST READING
C. - Approve
amendment to Land Development Regulations (LDR) that extend the trial
period for temporary feather banners for a second 12-month period, and set a
limit of two (2), 90-day display periods.
PROPOSED ORDINANCE NO. 13-013 - FIRST READING
D. - Amend the Land
Development Regulations to: 1) Create Transit Oriented Development
provisions & minimum standards within the mixed-use zoning district
regulations; 2) Revise applicability of Flood Elevation & Freeboard Standards;
and 3) Further amend parking requirements in support of adaptive reuse
projects. City initiated.
14. FUTURE AGENDA ITEMS
A. Request approval for an application being submitted by the Utilities Department
for a Hazard Mitigation Grant Program (HMPG) grant that requires a City match
- June 4, 2013
B. Consideration of fee amendments for Building and Planning & Zoning services
- June 4, 2013.
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C. Special City Commission Budget Meetings, Monday, July 22, 2013 @ 3:00
p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday, July 24, 2013 @
3:00 p.m. in the Library Program Room at the City Library
D. Discuss the feasibility of constructing a dog park. - This item has been tabled to
the Budget Workshops in July 2013
E. Update on Utilities CAP Fees - June 4, 2013
15. BRAND PROMISE STATEMENT
"BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE
GULFSTREAM"
16. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A
RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE
NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO
PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT 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.
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3. A
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Allow presentation by Florida State Representative
EQUESTED CTION BY ITY OMMISSION
Lori Berman District 90 to provide an update from the recent legislative session.
ER:
Informational only
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow the presentation.
LTERNATIVES
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3. B
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Allow presentation by Florida State Senator Jeff
EQUESTED CTION BY ITY OMMISSION
Clemons District 27 to provide an update from the recent legislative session.
ER:
Informational only
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Not to allow the presentation.
LTERNATIVES
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3. C
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Present plaque to David Cordrey, Tennis Pro at
EQUESTED CTION BY ITY OMMISSION
Hunters Run, by a member of the Education & Youth Advisory Board, in appreciation for his
contribution to the Tennis Carnival.
ER:
Since 2003, Hunters Run has donated its facilities and staff
XPLANATION OF EQUEST
to host a free tennis carnival for children. Co-sponsored by the Education & Youth
Advisory Board, the event provides tennis lessons and games in a fun atmosphere.
Head Tennis Pro David Cordrey has generously volunteered his time and talents to run
this activity, which has allowed approximately 175 children to be introduced to the
lifetime game of tennis.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
N/A
LTERNATIVES
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3. D
ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Presentation of the Kinetic Art Organization (KAO)
EQUESTED CTION BY ITY OMMISSION
video production of the 2013 International Kinetic Art Exhibit and Symposium
ER:
International organizations, like the Kinetic Art Organization,
XPLANATION OF EQUEST
have partnered and supported the 2013 International Kinetic Art Exhibit and Symposium
planning and marketing efforts. These efforts contributed to the success of the year-long program
and heightened the February 8-10, 2013 event.
H?
The video, along with KAO’s
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
support attracted international visitors and attention to Boynton Beach, and will be
utilized for the 2015 International Kinetic Art Exhibit and Symposium. This video and others,
are posted on the IntlKineticArtEvent.org website and Boynton Beach Art in Public Places
Facebook page.
FI:
This video is one of the many marketing tools that will assist in acquiring
ISCAL MPACT
sponsor and partner opportunities for the 2015 International Kinetic Art Exhibit and
Symposium.
A:
N/A
LTERNATIVES
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5. A
ADMINISTRATIVE
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. The following openings exist:
Arts Commission: 1 regular and 2 alternates
Building Board of Adjustment and Appeals: 3 regulars and 2 alternates
Code Compliance Board: 1 regular and 2 alternates
Community Relations Board: 1 alternate
Education & Youth Advisory Board: 1 alternate
Financial Advisory Committee: 1 regular and 2 alternates
Historic Resource Preservation Board: 3 regulars and 2 alternates
Library Board: 1 alternate
Recreation and Parks Board: 1 regular and 2 alternates
Senior Advisory Board: 3 regulars and 1 alternate
Special Events Ad Hoc Committee: 1 regular and 1 alternate
.
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
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A:
Allow vacancies to remain unfilled.
LTERNATIVES
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6. A
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
21 May 2013
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
Approve payment of $59,360.00 to the City of Boca
EQUESTED CTION BY ITY OMMISSION
Raton pursuant to an interlocal agreement between the City of Boca Raton and the City of
Boynton Beach for the purpose of operating a Biology Processing Laboratory to pre-process
DNA samples obtained by the Boynton Beach Police Department pursuant to criminal
investigations.
ER:
The City of Boynton Beach entered into a Tri-Party Inter-
XPLANATION OF EQUEST
Local agreement with the cities of Boca Raton and Delray Beach in July 2010
(Resolution R10-092) for the operation of a pre-screening DNA Laboratory. As part of
the agreement the City agreed to pay proportionate amount of the annual cost of the
operational expenditures.
The Boynton Beach Police Department investigates numerous crimes where forensic
evidence in the form of DNA is recovered. The perpetrator of a crime may deposit
bodily fluids or tissue of various types at the scene of a crime by simply touching an
object or surface, or contact with a victim involving a sexual assault or battery. The
bodily fluids and tissue often contain DNA which is a chemical identifier unique to every
individual and considered a more accurate identifier than even fingerprints. The police
department has utilized DNA evidence in over 200 successful prosecutions including a
cold case homicide from 1986. Our officers and detectives submit approximately 700
laboratory testing requests to the Palm Beach County Sheriffs Office (PBSO) each year
in an effort to identify those persons connected with the various crimes committed in our
city. As more and more DNA profiles are collected from individuals pursuant to state
statues requiring certain persons charged or convicted of major felonies to provide a
DNA sample, identifications become more prevalent. The PBSO crime lab has the
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capability to collect and analyze DNA samples; however, the process is expensive and
labor intensive. Currently, PBSO does not charge us for DNA or any forensic analysis
performed pursuant to a criminal investigation. However, the PBSO crime lab is
overburdened with the number of testing requests from the various law enforcement
agencies in the county resulting in a prioritization of cases with DNA samples and
delays in testing for most cases that can last many months or over a year. Delays in
processing of the DNA samples can negate a successful prosecution or allow those
responsible for major crimes to leave the jurisdiction or the county before probable
cause is established in order to make an arrest.
The most labor intensive and time consuming process related to DNA testing is
determining if a suitable sample is present and if so, extracting the sample and
converting it to its testable form. The Chiefs of Police for Boynton Beach, Boca Raton
and Delray Beach considered the problems with the PBSO Crime Lab backlog of cases
and determined that a pre-screening laboratory would facilitate a timely resolution to our
case submissions while providing relief to the PBSO lab. The City of Boca Raton
proposed the establishment of a pre-screening lab at their facility with the cities of
Delray Beach, Boynton Beach and eventually others, paying a proportion of the
operational costs. The City of Boynton Beach’s share of the cost for year one was
$59,360.00. The second year’s cost is the same amount. The interlocal agreement
provides for a two year commitment.
H?
Since activation of the Boca Raton
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
prescreening lab, turn-around time on our major case DNA submissions has been
reduced by approximately 50%.
FI:
Funds in the amount of $59.360.00 would be taken from the Federal
ISCAL MPACT
Law Enforcement Trust Fund account (691-5000-590-04-25) which currently shows a
balance of $291,533.00. The LETF funds may be expended for law enforcement
purposes upon request of the chief of police to the governing body of the municipality
.
A:
Payment required by interlocal agreement.
LTERNATIVES
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6. B
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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
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ONSENT GENDAEGAL
BP$100,000 FAI
IDS AND URCHASES OVER UTURE GENDA TEMS
CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED RESOLUTION NO. R13-041 -
EQUESTED CTION BY ITY OMMISSION
Assess the cost of nuisance abatement on properties within the City of Boynton Beach
ER:
In accordance with the Municipal Lien Procedure on file in
XPLANATION OF EQUEST
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.
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H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
This process allows us to place liens on the properties in order to
ISCAL MPACT
reimburse the City for the services that were provided when the nuisances were abated.
A:
The alternative would be to not place liens on the properties and not
LTERNATIVES
collect for the service provided.
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RESOLUTION NO. R13-
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 her 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 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 2013, and shall be
enforced and collected in like manner pursuant to applicable provisions of law. In
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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 May, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
_______________________________
Vice Mayor – Woodrow L. Hay
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
ATTEST:
_______________________________
Commissioner – Joe Casello
_____________________________
Janet M. Prainito, MMC
City Clerk
{Corporate Seal}
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6. C
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Award the "Two Year Bid for Hydraulic Cylinders
EQUESTED CTION BY ITY OMMISSION
and Valves, Parts and Repairs, Bid#039-1412-13JMA to Construction Hydraulics of Lake Worth
Inc., for an estimated expenditure of $60,000 to be used on an AS NEEDED BASIS.
BIDPERIOD:M19,2013M18,2015,
AY TO AY OPTION FOR TWO ADDITIONAL ONE YEAR
.
EXTENSIONS
th
ER:
On March 20, 2013, Procurement Services opened and
XPLANATION OF EQUEST
tabulated one (1) proposal for the Two Year Bid for Hydraulic Cylinders and Valve Parts
and Repairs. It has been determined by staff to award the bid to Construction
Hydraulics of Lake Worth, Inc., Construction Hydraulics is our current vendor and we
are satisfied with their work and their expedient service which is imperative to the Fleet
Division.
Expenses in the current year to date are $33,193.70 and expenses for FY 11/12 were
$50,532.18.
H?
The Fleet Maintenance division will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
use this contract to provide service support to equipment for City departments such as
Solid Waste, Fire Rescue, Utilities and Police.
FI:
Estimated Fleet Maintenance annual expenditure is $60,000.
ISCAL MPACT
A:
Utilize the use of confirming purchase orders for repairs.
LTERNATIVES
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6. D
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. R13-042 -
EQUESTED CTION BY ITY OMMISSION
Approve the Service Agreement with Pictometry to provide web-based solution of high resolution
aerial imagery with City GIS data to create a system that is accessible and interactive at a cost of
$4,500 over the three year license agreement.
ER:
XPLANATION OF EQUEST
With the web-based solution, Pictometry® Online, GIS users can quickly and easily access
imagery online with just a username and a password. Pictometry® Online utilizes a new
Pictometry technology designed to rapidly search and navigate through hundreds of
terabytes of information. This technology enables GIS users to almost instantly locate,
display and extract the image or portion of the image that is most relevant to them. For
emergencies and disasters, additional imagery captured from surrounding counties is
available to Pictometry® Online users to extend search and navigation capabilities.
Pictometry® Connect is a secure, web-based solution that combines high resolution aerial
imagery with City GIS data to create a powerful system that is easily accessible and
interactive. Users can upload, view, and analyze their location-based data against the
backdrop of the highest quality aerial imagery in the world. Since Pictometry® Connect is
built on top of the Pictometry® Analytics platform, this solution goes way beyond just
visualization with major benefits to the user including:
Integration with current City GIS and CAD applications (ESRI)
Reduces the need for vast amounts of image storage.
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Access to Pictometry measurement and analytics tools
Access to Pictometry image archive featuring over 10 years of imagery
Zero footprint installation
Access to parcel boundaries and ownership information
Reliable backup to onsite imagery and GIS data layers
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Cloud-based resource provides “anywhere” access, as well as off-site backup and
disaster recovery.
Visual updates to the City of Boynton Beach shown in color at high resolution giving
measurement to what we see.
The ability to see everywhere, measure anything, and plan everything, using the
most currently available data, images, and maps.
Provide Fire, Rescue, Police, 911 and homeland security efforts currently available
data and information instead of outdated internal fly-overs.
A cost savings of $10,000 dollars to fly at this time with Boca Raton, and the Town of
Palm Beach rather than on our own.
City departments and vehicles will have a better view and a current tool for use to
perform their jobs as needed.
FI:
ISCAL MPACT
Total amount: $4,500 funded by multiple departments based on number of users.
$1,500 at activation
$1,500 at 1 anniversary of activation
st
$1,500 at 2 anniversary of activation
nd
A:
LTERNATIVES
Pictometry is the leader and progenitor of the aerial oblique image industry. As such,
Pictometry is the sole source with other counties and cities.
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RESOLUTION R13-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK
TO EXECUTE A THREE YEAR SERVICE AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PICTOMETRY INTERNATIONAL CORP., TO PROVIDE
WEB-BASED SOLUTION OF HIGH RESOLUTION AERIAL
IMAGERY WITH CITY GIS DATA TO CREATE A SYSTEM
THAT IS ACCESSIBLE AND INTERACTIVE IN THE
AMOUNT OF $4,500 OVER THE THREE YEAR LICENSE
AGREEMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
Pictometry Online utilizes a new Pictometry technology designed to
rapidly search and navigate through hundreds of terabytes of information; and
WHEREAS
, this technology enables GIS users to almost instantly locate, display and
extract the image or portion of the image that is most relevant to them; and
WHEREAS
, upon recommendation of staff, the City Commission has determined that it
is in the best interests of the residents of the City to approve and authorize the City Manager to
execute a three (3) year Service Agreement with Pictometry International Corp., to provide web-
based solution of high resolution aerial imagery with City GIS data to create a system that is
accessible and interactive.
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
approve and authorize and direct the City Manager and City Clerk to execute a three (3) year
Service Agreement between the City of Boynton Beach and Pictometry International Corp., to
provide web-based solution of high resolution aerial imagery with City GIS data to create a
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system that is accessible and interactive at a cost of $4,500 over the three year license
agreement, a copy of the Service Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED
this ___ day of May, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
_____________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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6. E
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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 written report to the Commission for
EQUESTED CTION BY ITY OMMISSION
purchases over $10,000 for the month of April 2013.
ER:
Per Ordinance No.01-66, Chapter 2, Section 2-56.1
XPLANATION OF EQUEST
Exceptions to competitive bidding, Paragraph b, which states: “Further, the City
Manager, or in the City Manager’s absence, the Acting City Manager is authorized to
execute a purchase order on behalf of the City for such purchases under the $25,000
bid threshold for personal property, commodities, and services, or $75,000 for
construction. The City Manager shall file a written report with the City Commission at
the second Commission meeting of each month listing the purchase orders approved by
the City Manager, or Acting City Manager. Below is a list of the purchases for April
2013:
Purchase Order Vendor Amount
130761 Xylem Water Solutions USA, Inc. $ 21,320.00
130764 Farmer & Irwin Corp. $ 24,228.00
130806 Lyle Sumek Associates, Inc. $ 14,000.00
130813 Fl. Bearings, Inc. $ 17,661.00
H?
Ordinance No.01-66, Chapter 2,
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Section 2-56.1 assists departments in timely procurement of commodities, services, and
personal property. Administrative controls are in place with the development of a
special processing form titled “Request for Purchases over $10,000” and each purchase
request is reviewed and approved by the Department Director, Finance Department,
and City Manager.
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FI:
This Ordinance provides the impact of reducing paperwork by
ISCAL MPACT
streamlining processes within the organization. This allows administration to maintain
internal controls for these purchases, reduce the administrative overhead of processing
for approval, and allow for making more timely purchases.
A:
None
LTERNATIVES
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6. F
CONSENT AGENDA
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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 Joint City
EQUESTED CTION BY ITY OMMISSION
Commission and Community Redevelopment Agency Board meeting on April 4, 2013 and the
Regular City Commission meeting held on May 7, 2013
th
The City Commission met on April 4 and May 7th, 2013 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
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7. A
BIDS AND PURCHASES OVER $100,000
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. R13-043 -
EQUESTED CTION BY ITY OMMISSION
Approve a contract with Anzco, Inc. of Boca Raton, FL; Bid No. 042-2210-13/JMA in the
amount of $104,107.00 as the lowest, most responsive, responsible bidder for the construction of
new Bunk Rooms for Fire Station 3. Staff is requesting a 10% contingency in the amount of
$10, 411.00 for a total approved amount of $114,518.00.
ER:
On April 9, 2013, Procurement Services opened ten (10)
XPLANATION OF EQUEST
bids submitted in response to an Invitation to Bid for the construction of Nine New Bunk
Rooms for Fire Station 3, Bid No. 042-2210-13/JMA. The Bid contained an “Add
Alternate” for the removal of the existing fire alarm panel and to furnish and install a new
Fire Alarm Control Panel. The Engineering Division has carefully reviewed all bids and
recommends award of the project including the “Add Alternate”, to Anzco, Inc. of Boca
Raton, FL as the lowest, most responsive, responsible bidder.
H?
Fire Rescue personnel assigned to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Fire Station 3 currently sleep in two open areas. Interior improvements will allow for
privacy and quiet sleeping accommodations between emergency calls.
FI:
Funds are available in CIP Account no.
302-4118-580-62-01; Project no.
ISCAL MPACT
FA1002
A:
Continue with the open area sleeping accommodations for the
LTERNATIVES
Firefighters.
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RESOLUTION NO. R13-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AN AWARD AND
AUTHORIZING EXECUTION BY THE CITY MANAGER OF A CONTRACT
WITH ANZCO, INC., OF BOCA RATON, FLORIDA FOR BID #042-2210-
13/JMA FOR THE CONSTRUCTION OF NEW BUNK ROOMS FOR FIRE
STATION #3 IN THE AMOUNT OF $104,107.00 PLUS A 10%
CONTINGENCY OF $10,411.00 FOR A TOTAL PROJECT AMOUNT OF
$114,518.00; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
on April 9, 2013, Procurement Services received and opened ten (10)
bids submitted in response to an Invitation to Bid #042-2210-13/JMA “New Bunk Rooms for
Fire Station #3”; and
WHEREAS,
staff reviewed the bid proposals and it was determined that Anzco, Inc., of
Boca Raton, Florida was the lowest, most responsive, responsible bidder; and
WHEREAS,
the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award
and authorize execution of a contract with Anzco, Inc., of Boca Raton Florida for Bid #055-
2210-13/JMA for the construction of New Bunk Rooms for Fire Station #3 in the amount of
$104,107.00 plus a 10% contingency of $10,411.00 for a total project amount of $114,518.00.
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 award and authorizes the City Manager to execute a Contract with Anzco, Inc.,
of Boca Raton Florida for Bid #055-2210-13/JMA for the construction of New Bunk Rooms
for Fire Station #3 in the amount of $104,107.00 plus a 10% contingency of $10,411.00 for a
total project amount of $114,518.00, a copy of which Contract is attached hereto as Exhibit
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“A”.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED
this ______ day of May, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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CONTRACT FOR
CONSTRUCTION
SERVICES
THIS AGREEMENT, made and entered into this _______ day of ________________, 2013, by and
between the , a municipal corporation of Florida, hereinafter called the
CITY OF BOYNTON BEACH
“City” and .
ANZCO, INC
a Florida Corporation (_XX_) Check One
a Florida General Partnership (____)
a Florida Limited Partnership (____)
a Sole Proprietor (____)
hereinafter called “CONTRACTOR”.
WITNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission of
said City for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of
submitted by the aforementioned CONTRACTOR was the best and most desirable bid
$104,107.00
submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0AGREEMENT
1.1The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated
upon the bid of the CONTRACTOR, dated , which is hereby
APRIL 9, 2013
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and
supplies, etc., and to perform all the work provided in the bid, contract
documents, bond documents, plans and specifications for:
Bid Title: NEW BUNK ROOMS FOR FIRE
STATION 3
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Bid Number: 042-2210-13/JMA
City of Boynton Beach, Florida, all of which are incorporated
herein by reference at such unit prices/or lump sum prices as specified in
CONTRACTOR’S bid in the amount of:
$104,107.00.
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2.0SCOPE OF SERVICES
2.1CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the conditions and
prices as stated in the contract, General Conditions for Construction, and
Supplementary Conditions for Construction, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory matter thereof
as contained in the bid, contract documents and specifications for the project.
2.2All the work and labor performed under this contract shall be performed, and all
of the material furnished shall be, in strict conformity with said plans and
specifications, and CONTRACTOR accepts and consents to the conditions
contained in said plans and specifications and expressly agrees to comply with
every requirement and stipulation therein contained to be performed by the party
contracting to do said work.
2.3The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in
the office of the City Engineer of the City and strictly in accordance with the
specifications, general stipulations and plans which are hereby referred to and
made a part of this contract, as well as to the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions
which may be given by the City Manager or his authorized representative, at and
for the prices herein plainly set forth.
2.4Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion
of the contract and receipt of final payment. CONTRACTOR shall make the
necessary corrections within ten (10) days of receipt of the written notice.
2.5To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be supplied by CITY.
2.7The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition.
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Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project will not be made until the site is satisfactory to the CITY.
2.8The CONTRACTOR shall at all times observe and comply with the
provisions of the charter, ordinances, codes and regulations of the City of
Boynton Beach, Florida.
2.9Upon completion of the work, the City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the City Engineer is so
satisfied, he shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment application to
City Commission for review and vote to formally accept the project. The right of
general supervision of the CITY as hereinafter provided under “authority of the
engineer” shall not make the CONTRACTOR an agent or employee of the CITY,
but the CONTRACTOR, shall at all times, and in all respects have the rights and
liabilities of an independent contractor.
2.10After the cleaning up of the work, premises, streets, alleys, or other areas of
structure in anyway connected with the performance of the contract, the work as a
whole shall be inspected by the City Engineer, and any workmanship or material
found not meeting the requirements of the specifications shall be removed by or at
the expense of the CONTRACTOR and good and satisfactory workmanship or
material substituted therefore. All settlement, defects or damage upon any part of
the work shall be remedied and made good by the CONTRACTOR.
2.11The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause.
3.0COMMENCEMENT OF WORK
3.1CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written “Notice to Proceed” of the CITY and to
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fully complete the project within calendar days following the commencement
date as specified in same.
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3.2Time is the essence of the contract. In the event the CONTRACTOR shall fail in
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the amount stipulated therefore in the General Conditions for
Construction or in other documents for each and every calendar day that the
CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
3.3CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with City Engineer in writing, the names of subcontractors as originally proposed
for principal parts of work, and for such others as City Engineer may direct.
Contractor shall not employ an that City Engineer may, within a reasonable time,
object to as incompetent or as unfit.
4.0LIQUIDATED DAMAGES
1,500.00
4.1The CONTRACTOR further agrees to pay $ per day as liquidated
damages, for failure to begin within ten (10) days of “Notice to Proceed” or
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failure to complete the work within calendar days from the commencement
date to be indicated in the written “Notice to Proceed”.
5.0 PROTECTION OF
EXISTING
FACILITIES
5.1The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the suspension or
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discontinuance of the said work specified and a faithful compliance with each and
every one of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance.
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5.2The CONTRACTOR shall assume full responsibility and expense for the
protection of all public and private property, structures, water mains, sewers,
utilities, etc., both above and below ground, at or near the site or sites of the work
being performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having charge of any property or utilities owned by
the CITY and to other owner or owners of public or private property or utilities
when they shall be affected by the work to be performed under the contract, and
shall make all necessary arrangements with such department, departments, owner
or owners for the removal and replacement or protection of such property or
utilities.
6.0INDEMNIFICATION
6.1The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
6.2CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney’s and appellate attorney’s
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes the contract sum payable by
the CITY to the CONTRACTOR, specific additional consideration sufficient to
support this obligation of indemnification provided for in this paragraph. It is the
CITY’S and CONTRACTOR’S full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida Statute 725.06.
6.3The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in Attachment “A” herein.
However, the indemnification provision, and the insurance provision contained in
this Contract are not interdependent of each other, each one is separate and
distinct from the other.
6.4The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
7.0PAYMENT BY CITY
7.1The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the
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specifications.
8.0CHANGES IN THE WORK
8.1The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. All such work shall be executed under the conditions
of the original Contract. Any claim for extension of time caused thereby shall be
made in writing at the time such change is ordered.
8.2All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be
allowed.
8.3The General Contractor and all of his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work
under the Contract:
8.3.1Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
8.3.2Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.3.3No claim for extra work will be allowed unless and until authority for
same by written Change Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if necessary, which
authorization will be signed by the Mayor.
8.3.4Changes in the work directed in writing by the CITY’S Representative
under the following procedures shall become a part of the Contract by a
written Change Order.
8.3.5Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY’S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
8.4The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the
following procedures before a written Change Order is issued:
8.4.1By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15)
percent of the original bid quantity and the total dollar change of that bid
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item is significant in the opinion of the Engineer, the unit price shall be
subject to review to determine if a new unit price should be negotiated; or
8.4.2If no such unit prices are set forth, then by a lump sum or other unit
prices mutually agreed upon by the CITY and the CONTRACTOR; or
8.4.3By cost reimbursement, which is the actual cost for labor, direct
overhead, materials, supplies, equipment and other services necessary to
complete the work plus fifteen (15) percent to cover the cost of general
overhead and profit. For all labor and foreman in direct charge of the
authorized operations, the CONTRACTOR shall receive the current local
rate of wages to be agreed upon in writing before starting such work, for
each hour said labor and foreman are actually engaged thereon. An upper
limit of total cost and of profit shall be agreed upon and shall not be
exceeded unless approved by the CITY.
8.4.3.1The CONTRACTOR shall submit sufficient cost and pricing data
to enable the Engineer to determine the necessity and
reasonableness of costs and amounts proposed and the allowability
and eligibility of costs proposed.
8.4.3.2The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, accumulation and segregation of allowable and
unallowable Change Order costs.
8.4.3.3Where it is indicated that the Contract is federally or State
assisted, the CONTRACTOR’S attention is directed to the
applicable rules and regulations relative to cost principles which
must be used for the determination and allowability of costs under
grant.
8.4.3.4In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
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8.4.3.5In no case shall the CONTRACTOR and Subcontractors’ general
overhead and profit in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, insurance, incidental job burdens, supervision and
general office expenses.
8.4.3.6In no case shall the CONTRACTOR’S cost for administering
subcontracts exceed five (5) percent of the subcontractors’ cost not
including subcontractors’ profit.
8.4.3.7For special equipment and machinery such as power driven
pumps, concrete mixers, trucks, and tractors, or other equipment,
required for the economical performance of the authorized work,
the CONTRACTOR shall receive payment based on the agreed
rental price for each item of equipment and the actual time of its
use on the work provided that the rental price shall not exceed the
current rates published by the Equipment Guide Book Company in
the Blue Book, “Rental Rates for Construction Equipment”. Rate
shall be daily, weekly or monthly as appropriate.
8.4.3.8Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted daily records shall be made, signed by the
CONTRACTOR and the Engineer and one copy retained by each.
8.5Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
8.6 No Field Change Directive or Change Order shall be authorized by the Project
Manager if the Contractor has added language to the Field Change Directive or
Change Order or to any cover letter, e-mail, facsimile, or other written document
which accompanies the Field Change Directive or Change Order in which the
contractor attempts to reserve any future right or claim arising out of the work
which is the subject of the Field change Directive or Change Order.
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9.0PROJECT ARCHITECT
9.1The project Architect shall be Steven E. Myott with Steven Myott Architecture,
639 East Ocean Avenue, Suite 403, Boynton Beach, FL.
9.2The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract.
9.3As the Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his power under the contract to enforce its
faithful performance by both.
10.0INSURANCE
10.1The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the CITY,
covering the work contracted and all operations connected herewith, and
whenever any of the work in the contract is to be sublet, CONTRACTOR’S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance requirement
schedule attached as Attachment “A”.
10.2Required insurance shall be documented in a certificate of insurance which
provides that the CITY of Boynton Beach shall be notified at least fifteen (15)
days in advance of cancellation, nonrenewal or adverse change. Contractor agrees
to furnish policies if Certificate of Insurance is not acceptable.
10.3The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the
work site. Internal combustion engines used with construction equipment shall be
equipped with mufflers, as required by the Code of the City of Boynton Beach,
and the CONTRACTOR shall comply with all requirements of this Code as they
pertain to prevention of noise. No pile driver, excavating or other construction
equipment, pneumatic hammer, derrick, the use of which is attend by loud or
unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M.,
except by written permission of the City Manager, and then only in case of
emergency.
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11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
12.0TERMINATION OF CONTRACT
12.1If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein; if the CONTRACTOR should be adjudged as
bankrupt; if a general assignment of his assets be made for the benefit of his
creditors; if a receiver should be appointed for the CONTRACTOR or any of his
property; if at any time the Engineer shall certify in writing to the City Manager
that the performance of the work under the contract is being unnecessarily
delayed or that the CONTRACTOR is willfully violating any of the conditions,
provisions, or covenants of the contract, plans or specifications, or that he is
executing the same in bad faith or otherwise not in accordance with the terms of
the contract; if the work be not fully completed within the time named for its
completion or within the time to which such completion date may be extended; or
if other just causes exist, the City Manager may serve ten (10) days’ written
notice upon the CONTRACTOR of the intent to terminate the contract for the
CITY and if the CONTRACTOR shall not, prior to the effective date of
termination set forth in such notice, take such measures as will, in the judgment
of the City Manager, ensure the satisfactory performance of the work, the City
Commission and the City Manager may declare the contract terminated on the
effective date specified in such notice, or any date subsequent thereto. In the event
of such termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and stop
work and cease to have any right to the possession of the ground and shall forfeit
his contract. Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY’S action and the Surety shall within ten (10) days
of receipt of said notice remedy the default or the Surety shall as expeditiously as
possible:
12.1.1Complete the contract in accordance with its terms and conditions, or
12.1.2Obtain a bid or bids for completing the contract in accordance with its
terms and conditions, and upon determination by Surety and the CITY of
the lowest responsible bidder, make available as work progresses (even
though there should be a default or a succession of defaults under the
contract or contracts or completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may liable hereunder, the amount set forth in the first
paragraph hereof. The term “balance of the contract price”, as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments thereto, less the
amount properly paid by CITY to CONTRACTOR.
13.0CONTRACT CONTROLS
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13.1The subject contract between the CITY and the CONTRACTOR shall supersede
any and all documents executed between the parties relative to the project. In the
event of any inconsistencies, the terms, provisions and conditions set forth in the
subject contract shall supersede all other documents and shall be controlling.
14.0TIME OF ESSENCE
14.1Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the contract.
15.0REMEDY FOR DELAY
15.1In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project. No monetary damages shall be claimed or awarded to
CONTRACTOR in association with any delay in the project caused by an act or
omission of the CITY, its agents or employees.
15.2Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction.
15.4For the purpose of this section the phrase “the CITY, its agents and employees”
shall include but shall not be limited to the architect, project manager and
consulting engineers.
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IN WITNESS WHEREOF,
the CITY has caused these presents to be signed by its City
Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
City Manager
Attest: Approved as to Form:
_____________________________ ______________________________________
City Clerk City Attorney
CONTRACTOR
Signed, sealed and witnessed
in the presence of:
_____________________________ ______________________________________
President or the Vice President
_____________________________ ______________________________________
Attest as to Contractor
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me duly authorized to
administer oaths ______________________________________________ to me known to be the
persons described herein and who executed the foregoing instrument and have acknowledged
before me and they have executed same.
_____________________________________________________
Notary Public
My Commission Expires: ________________________________
WARRANTY
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The undersigned, ________________________________________________________________,
hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages
resulting from the work conveyed to the City of Boynton Beach (the “City”), pursuant to that
certain Bill of Sale or Plans dated ______________ which is result of a defect in the materials or
workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as
soon as reasonably possible or, if such repairs have already been made by the City, the
undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making
of such repairs, shall forthwith refund same to the City. Anything herein to the contrary
notwithstanding, the City shall have the sole obligation to perform all maintenance required.
Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result
from the failure of the City to properly maintain same or misuse or abuse (except, however,
nothing contained herein shall be construed to release the undersigned from liability for damage
or defect caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date: _____________________________
By: ________________________________
President
________________________________
Name of Company
(CORPORATE SEAL)
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STATE OF FLORIDA )
SS:
COUNTY OF _____________)
I, HEREBY CERTIFY
that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared ______________________________________________,
Florida Corporation and general partner of ____________________________________________.
A Florida limited partnership, to me known to be person described in and who executed the
foregoing instrument and he acknowledged before me that he executed the same for the uses and
purposes therein expressed.
__________________________________
Notary Public, State of Florida
My Commission Expires:
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OF FLORIDA
COUNTY OF___________________
__________________________________, being first duly sworn, deposes and says as follows:
He is ____________________ of _____________________________________________,
(Title) (Name of Corporation or Firm)
a ______________________ corporation which is named in Construction Contract dated the
_______ day of _______________________, 2013, between said corporation as the
CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of
_________________________________________________ and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Periodical Estimate for
Payment dated __________________, passes to the Owner at the time of payment free and clear of
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all liens, and all laborers, material men and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical
Estimate for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
____________________________________
Affiant
Sworn to and subscribed before me this
________ day of _____________________, 2013.
________________________________________
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
FINAL ESTIMATE RECONCILIATION AGREEMENT
This Final Estimate Reconciliation Agreement covering the period from
_________________, to _________________, supersedes any and all previous correspondence
or verbal agreement regarding deletions or additions to the scope of work in the performance of
the contract dated ______________ for construction of ___________________________ and all
appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida.
It is hereby agreed and understood that all quantities and prices shown on the attached
Final Estimate No. ____ are correct and the amount of $_____________ constitutes final
payment, including retainage, and Change Order No. ___________ for all materials furnished
and work performed by _______________________________, Contractor, and all other
contractors, in the construction and completion of the above project, all which were to be
performed in strict accordance with the terms of the original contract.
It is further agreed and understood that the one-year warranty period of workmanship and
materials furnished shall commence on final completion and acceptance by the Owner, City of
Boynton Beach, as outlined in Paragraph C-15 of the original agreement.
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By:_____________________________________
RECOMMENDED FOR APPROVAL:
By: ____________________________
ACCEPTED:_____________________________
By:_____________________________________
Date:___________________________________
State of Florida )
) ss:
County of Palm Beach )
On this ______ day of _______________, 20___, personally appeared before me duly authorized to
administer oaths ______________________________________________ to me known to be the
persons described herein and who executed the foregoing instrument and have acknowledged
before me and they have executed same.
_____________________________________________________
Notary Public
My Commission Expires: ________________________________
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7. B
BIDS AND PURCHASES OVER $100,000
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. R13-044 -
EQUESTED CTION BY ITY OMMISSION
Approve Budget Amendment for the Fleet Maintenance Internal Service Fund for the Fiscal Year
2012-2013, amending the appropriated budget from $6,024,971 to $6,973,177.
2) Approve the purchase of 3 replacement vehicles and an additional vehicle for Recreation; for
a total of 4 units in the amount of $948,206.00. The purchases will utilize the following
contracts/bids and vendors; Florida State Contract #760-000-10-1 (Trekker Tractor), City of Gulf
Shores FSC #12-085 (Thompson Pump & Manufacturing Co.), Florida Sheriff's Contract #11-10-
1202 (Sutphen Corporation) and Florida Department of Education Bid #2013-01 (LBS South).
ER:
The Fleet Administrator recommends the purchase of 3
XPLANATION OF EQUEST
replacement units ahead of schedule due to severe damage and the units not being
cost effective to repair. Attached is a spreadsheet indicating vendor, number of units
ordered, user department, bid/contract information and cost. All agencies have complied
with public contract bid requirements that equal or exceed the City of Boynton Beach bid
requirements
The 3 replacement units are 8116 (Utilities Department), 8159 (Utilities Department)
and 803 (Fire Rescue).
The aforementioned units have been prefunded since their inception in to the fleet.
Below is synopsis of condition of each vehicle issues and net cost to the prefunding
program:
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Unit 8159
- 2000 Caterpillar Backhoe/Loader combination. Its schedule
replacement year is FY15-16. Thus since 2000 its annual prefunding charge
amount has been roughly $4800. Hence the prefund will be shorted $9600
(prefunding deduction FY13-14 & FY14-15). Currently, the unit has extensive
engine damage that will cost over $12,000 to repair.
Unit 8116
- 1996 Thompson Well-Point Pump. Its scheduled replacement is
FY13/14. Its annual prefunding amount has been roughly $1,900. Due to its age
and condition, the pump lacks power and air handling to sock dewater at a high
capacity. This function is essential throughout Utilities operations. Repairing this
unit will be over $5000.
Unit 803
- 1999 Pierce Arial Ladder. Its scheduled replacement year is FY13-14.
Its annual prefunding amount has been $53,000. The unit has major pump issues
and the ladder is inoperative. In order to have these unit fully functional, repairs
for the ladder configuration and pump are over $30,000. Furthermore, many of
the replacement parts are obsolete.
The new vehicle is for Recreation based on the following:
Recreation has various programs for children, senior programs, and community
activities in which they need transportation. Recreation requested a bus and
commission approved for FY12-13 budget. Staff evaluated various options
including but not limited to rentals and pre-owned. After evaluating, it would be
cost effective to acquire a new bus. Recreation will contribute $30,000 towards
the new bus and the Fleet Department will contribute $23,194. Recreation will
prefund the new bus.
The Fleet Maintenance is seeking approval to award the following vendors for the above
purchases as follows:
A. Trekker Tractor $81,209.64 off of the Florida State Contract 760-000-10-1 for
Replacement for Unit 8159
1 unit, Case 580N Backhoe().
B. Thompson Pump & Manufacturing Co. $ 53,538.60 piggy back City of Gulf
Shores FSC 12-085 contract for a Thompson Well Point Pump 8” trailer
Replacement for Unit 8116
mounted ().
C. Sutphen Corporation $759,974.57 piggy back Florida Sherriff’s Contract # 11-
Replacement for Unit
10-1202 for 1 Sutphen mid-mount SL-75 Quint truck (
803
).
D. LBS South 1 $53,483.00 piggy back Florida Department of Education 2013-
01 for a type A School bus.
The sum for the aforementioned units equates to $948,205.81.
H?
The units being purchased will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
follow a lifecycle allowing maximum vehicle efficiency that minimizes annual
maintenance charged to each of the operating departments and reducing downtime.
Maintenance cost will be significantly lower due to the new equipment being purchases.
Fuel usage will also be reduced due to the use of fuel efficient vehicles.
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FI:
The funding for these purchases will be added to the FY2012-2013
ISCAL MPACT
budget and will be charged to the Fleet Maintenance Fund, account #501-2516-519-64-
33.
A:
To defer or not purchase selected replacement or new vehicles beyond
LTERNATIVES
those already deferred in the FY 2012/13 budget cycle. However, deferring purchases
will increase departmental maintenance costs.
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RESOLUTION R13-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE
ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2012, AND
ENDING SEPTEMBER 30, 2013 AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,
a final budget was approved by the City Commission on September 18,
2012, for the 2012-2013 fiscal year; and
WHEREAS
, the City manager has made recommendations as to amend the amount
necessary to be appropriated for fiscal year 2012-2013; and
WHEREAS,
the City Commission of the City of Boynton Beach deems it to be in the
best interests of the residents and citizens of the City of Boynton Beach to approve the
amendment to the adopted budget of the City of Boynton Beach, Florida, for the fiscal year
beginning October 1, 2012, and ending September 30, 2013, by increasing the Fleet
Maintenance Internal Service Fund for operating expenditures, transfers to other funds and
necessary capital outlays in the amount of $948,206.00 which increases the previously
appropriated sum of $6,024,971 to $6,973,177.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida hereby
amends the fiscal year 2012-2013 adopted budget, a copy of such amendments are attached
hereto as Exhibit “A” and the appropriations set out therein for the fiscal year beginning
October 1, 2012 and ending September 30, 2013, to maintain and carry on the government of
the City of Boynton Beach.
Section 3. That there is hereby appropriated the sum of $6,973,177, increased from
the original appropriated sum of $6,024,971, to the Fleet Maintenance Internal Service Fund
operating expenditures, transfers to other funds and necessary capital outlays including the
purchase of three (3) replacement and one additional vehicle.
Section 4. All Resolution or parts of Resolution in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED
this ______ day of May, 2013.
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CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor - Jerry Taylor
_______________________________
Vice Mayor – Woodrow L, Hay
_______________________________
Commissioner – David T. Merker
_______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
__________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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10. A
CITY MANAGER’S REPORT
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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 quarterly status report of the City of
EQUESTED CTION BY ITY OMMISSION
st
Boynton Beach Climate Action Plan Implementation for the 1 Quarter 2013.
ER:
The City Commission adoption of the Climate Action Plan
XPLANATION OF EQUEST
(CAP) through Resolution No. R10-150 empowered the City’s Sustainability Team with
responsibility for implementation. The CAP serves as the Work Plan for the team. Staff
continues to further the implementation strategies and meet on a quarterly basis to
update the implementation status and share ideas, information and challenges. As a
result of that meeting, every quarter a report will be provided to the City Commission on
the status of implementation of the strategies listed in Section 4 of the CAP. (See
Exhibit A – Staff Report).
H?
The City will continue to
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
demonstrate its leadership and partnership with other communities in the efforts to
achieve a sustainable future for its residents. Through increasing efficiencies in
operations, conservation and energy consumption, we hope to help offset some of the
social challenges and economic consequences such as rising energy costs associated
with operating facilities, conveying water, transportation and health care.
FI:
Initiatives accomplished so far, and those that are in process, are
ISCAL MPACT
mainly items that could be accomplished through re-organization, policy changes and
staff time. Other projects have been accomplished through grant funding. Some
projects are in the CIP energy efficiency line item.
A:
Not to accept the report.
LTERNATIVES
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Climate Action Plan Implementation Strategy
st
1 Quarter Status Report 2013
May 21, 2013
Department of Energy EECBG (Energy Efficiency & Conservation Block Grant): EECBG
Allocation $658,900
Activity 1
comprised of hiring a technical consultant, CDM, to a.) Complete the EECBG grant
forms and an Energy Efficiency and Conservation Strategy (EECS) for submittal to DOE; b.)
Conduct a Greenhouse Gas Emissions inventory for municipal government facilities as well as
the City of Boynton Beach at large; and c.) Develop a comprehensive long-term Climate Action
Plan to advance the energy conservation and sustainability goals of both municipal government
Activity 1 has been completed at a cost of $195,882.99 of grant
and the City at large.
funding.
Activity 2
comprised the Hester Center facility retrofit consisting of switching out existing T-12
fluorescent fixtures with T-8 inside the Hester Center and 400W metal halide high-bay lights in
the gymnasium were replaced with T-5 fluorescents. Motion sensors were installed throughout
the Center and appliances inside the Center were replaced with Energy Star appliances. The
Activity 2 has
outdoor ball-field lighting was retrofitted with energy efficient MUSCO lights.
been completed at a cost of $372,042.63 of grant funding
.
Activity 4
comprised of a citywide occupancy sensor retrofit. A total of 265 occupancy sensors
were installed in the City Hall Complex, Public Works Complex, Fire Station #2, Fire Station #3,
Activity 4 has been completed at a cost
Fire Station #4, Fire Station #5 and the Art Center.
of $23,320.00 of grant funding.
Activity 5
is comprised of the installation of two (2) solar water heaters and solar array
consisting of 30 photovoltaic panels at Fire Station #5. The project also includes net meter
monitoring of the renewable energy generated on the City’s website and in the lobby of Fire
Activity 5 is complete with a cost of $55,000.00 of grant funding,
Station #5.
Activity 6
is an Electric Vehicle Charging Station (EVCS) demonstration project which installed
fie (5) stations throughout the city with two (2) located at the Boynton Beach City Library parking
lot, one (1) at Oceanfront Park Beach parking lot, one (1) at the Amphitheater/Kid’s Kingdom
Playground parking lot, and one (1) at Fire Station #5. The total project is $19,400.00 of which
$12,654.00 was paid for by the EECBG. The city provided the difference in the project cost of
$6,746.00 from account GG0901 - Municipal Building Energy/Environment Initiatives - 302-
Activity 6 is complete at a cost of $12,654.00 of grant funding.
4101-531-62.01.
Three (3) years administering the EECBG, the City of Boynton Beach has truly achieved the
biggest bang for its buck. With the creation of the Climate Action plan that will continue to guide
the city in its sustainability efforts for the next twenty years, to the energy efficiency and GHGE
reduction demonstration projects, Boynton Beach continues to be a frontrunner in sustainability.
nd
The EECBG was closed out in the 2 Quarter of 2012.
CAP Implementation Strategies:
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4.1.2 Water / Wastewater Facilities, Conservation and Landscape Irrigation
Evaluate energy efficiency of high-service pumps. Develop an energy efficiency strategy for
1.
water utility operations to maximize efficiency of treatment, operations and equipment. High
service pumps at the East Water Treatment Plant will be replaced as part of the Progressive
Design Build project. An overall energy efficiency strategy could include an Energy Service
Company (ESCO) contract and other City departments.
Explore opportunities to incorporate renewable energy sources into the expansion or retrofit
2.
of water infrastructure. In the planning process; two windmills have been installed in the
Stormwater Pond for aeration, and a third windmill is planned for the Tennis Center/Barrier Free
Park property on Congress Ave.
4. Maximize use of the East Lime Softening Plant and minimize use of the West Membrane
Treatment Plant. In progress; Construction of Section “A” of the raw water main is complete.
The design of Section “B” is complete. Section “C” is in permitting. Construction will be
completed in 2014/2015.
10. Determine the effectiveness of reducing unaccounted for water losses from system leaks.
COMPLETE. The City has one of the lowest unaccounted for water loss rates in the region at
less than 2%. South Florida Water Management’s target for utilities is less than 10%.
12. Enhance the City’s water conservation education program and better utilize the City’s
website and social media to communicate the program. COMPLETE. Website includes link to
SRWMD website. Utilities are continuing the WaterWise education program. They have begun
utilizing social media to inform residents of conservation initiatives.
13. Promote partnerships and consistent conservation policies with all users within the City’s
water service area including homeowner’s and condominium associations. Outreach has begun
regarding stormwater management during major rain events and hurricane season. Water
conservation is being included as part of future outreach efforts in partnership with the LWDD
and SFWMD.
4.1.3 City’s Vehicle Fleet and Employee Commuting
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1.
Evaluate the need for each vehicle in the fleet and eliminate those vehicles that do not fulfill a
specific purpose. Consider setting a goal of eliminating 5 to 10 percent of the fleet vehicles
through implementation or recommendations listed in 4.1.3. COMPLETE. This goal has been
reached through reductions in operating department programs and budgets.
2. Develop a fleet retrofit schedule to either hybrids, electric or conversions to compressed
natural gas vehicles. Assure adequate recharge or plug in facilities to service fleet. Develop
return on investment and cost comparison analysis for same. Determine the feasibility of only
purchasing vehicles to meet new vehicle greenhouse gas emissions standards promulgated by
EPA. This remains an on-going objective of the Fleet Plan. The Fleet Administrator considers
purchase of alternative fuel vehicles (AFV) but currently they are not cost effective compared
with the initial high pricing of AFV’s and the low annual mileage usage for current fleet vehicles.
4.1.4 Emissions from Solid Waste
.
2Meet or exceed the State’s recycling target for municipal solid waste of 75% by 2020. This
would include meeting the annual reporting requirements to Section 403.7032, F.S. Staff is
developing a new rate structure for commercial recycling which may potentially increase
recycling with minimal cost to customer or City. Staff is also working with the SWA to create a
permit process to allow commercial single stream recycling and will allow tracking for the
amount of increased recycled commercial waste. In 2013 staff developed a program to track
the amount of material recycled by LEED projects.
3. Adopt a similar voluntary reporting policy for businesses such as that are found in Section
403.7032, F.S. encouraging reporting the materials they recycle to the county. The evolving
permit process referenced in 4.1.4.2 will satisfy this goal.
5. Develop appropriate composting policies consistent with Section 403.706, F.S. for organic
materials or mulching organic materials that would otherwise be disposed of in a landfill.
Determine additional opportunities for composting in partnership with the private sector. Staff
recommends this item be deleted as it is no longer relevant. All landscape materials are
transported to the SWA to be either composted or burned for electricity. The City is able to
track the tonnage that is being recycled and reused.
6. Ensure new development projects on or after July 1, 2012 for multi-family residential or
commercial purposes provide adequate space and receptacles for recycling by tenants and
owners consistent with HB 7243 amending Section 403.706, F.S. Determine system for
monitoring and tracking compliance with building permit process. COMPLETE. This is
mandated in our City of Boynton Beach Code of Ordinances section 10-25 (5) & (6). Staff
monitors and tracks compliance through the building permit and site review processes.
4.2 Community Engagement
.
18Establish a local partnership to offer education, training and resources for contractors and
design professionals. The City has hosted several training and educational meetings and
seminars with the International Code Council, Gold Coast Builders Association and the PBC
Planning Congress. The City partners with the Florida Green Energy Works (PACE) who has
conducted workshops and one-on-one training to educate and encourage vendors to participate
in the City’s PACE program. And staff is developing a workshop to educate and integrate
Contractors, Design Professionals and Public Artists on the City’s Green Building Program.
This has become an on-going initiative as staff continues to look for educational partnership
opportunities.
4.4 Transportation
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1.
The City should establish an integrated network of non-motorized transportation corridors by
including and utilizing existing rights of way that connect parks, linear parks, greenways, canals
and waterways to increase the non-motorized transportation network.
Identify any missing links in the network to ensure all City streets have sidewalks.
Improve pedestrian continuity on downtown streets to decrease short trip automobile use
and iterative parking, increase transit viability and require less parking.
Provide or require bicycle and pedestrian ways for connecting residential areas to
recreational areas, schools, shopping areas and employment areas.
Promote bicycling and pedestrian facilities and incorporate the “complete streets”
concepts to accommodate the needs of different transportation modes and users into the
City’s transportation plans. Accommodate automobiles, transit vehicles and non-
motorized forms of transportation.
Ensure a safe and comfortable environment for diverse users.
Aesthetically pleasing.
Place special emphasis on streets located in the downtown area and in single family
neighborhoods
These strategies are part of a single non-motorized transportation plan for the City. An
interdepartmental team is working on connectivity mapping for an overall greenway, blueway,
bikeway, pedestrianway masterplan. We are looking at the potential for a Transportation
Enhancement Program Grant. And the Florida Paddling Trails Association (FPTA) recently
designated the E-4 canal as a blueway. The City is an active member of the FPTA with 2
designated kayak launches in the City along the Intercoastal waterway.
5. Implement traffic engineering improvements or enhancements. Prioritize the area along
Congress Avenue between Gateway Boulevard and Woolbright Road. COMPLETE. Palm
Beach County controls all signal timing. All arterials in the City of Boynton Beach have signal
systems coordinated to platooning traffic. Signal coordination is one direction only and is based
on peak hour demands. The County modifies signal timing to respond to changing traffic
conditions.
4.5.1 Land Use
1-18. Implementation of the 4.5.1 (Land Use) will be affected by the overhaul of the growth
management laws that took place in 2011. All provisions pertaining to energy efficiency
requirements in planning codified in 2008 (HB 697) were deleted. These included energy
conservation, energy-efficiency language in items. CAP initiatives 4.5.1.1-8 are no longer
mandatory. This means that we ourselves can determine which provisions of our CAP should
find their way into the Comprehensive Plan. The plan remains unchanged; we will add the short
Energy Conservation Element to the Comp Plan and depending on provisions included in the
new element, additional policies will be added to remaining elements as necessary. The CAP
will be part of the Comp Plan’s Support Document. *Note: We are currently working with
TCRPC on Comp Plan language for downtown Transit Oriented Development (TOD) which is
an important strategy to reduce GHGE in the transportation sector. The TOD amendments will
come before the Commission in 2013.
Intergovernmental Coordination Element:
21. Add a policy that promotes coordination with the efforts of the Southeast Florida Regional
Climate Change Compact. COMPLETE. On December 4, 2012 the City Commission signed a
Resolution No. R12-127 (Mayor’s Pledge) affirming support for the Southeast Florida Regional
Climate Change Compact, agreeing to consider implementing the Regional Climate Action Plan
in whole or in part as appropriate for the City of Boynton Beach. The City of Boynton Beach is
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the voting municipal representative for Palm Beach County on the Compact’s Staff Steering
Committee.
4.5.2 Sustainable Construction
3. Identify land use categories and zoning districts where alternative energy projects are an
allowable use. Ensure land development regulations comply with Section 163.04, F.S. in that
property owners cannot be denied (nor can condominium associations restrict or prohibit) solar
collectors, clotheslines or other energy efficient devices from renewable resources. Similarly,
Section 718.113(6) F.S. allows the board of administration of a condominium the authority to
install upon or within the common elements or association property of a condominium solar
collector, clotheslines, or other energy efficient devices based on renewable resources for the
benefit of owners. COMPLETE. LDR is compliant with this item. In the near future staff will
introduce new language that allows energy-producing windmills within certain zoning districts.
7. Address sustainable construction principles on City Facilities:
- Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be constructed to
meet:
The USGBC LEED rating system.
The Green Building Initiative’s Green Globes rating system.
The Florida Green Building Coalition standards, or
A nationally recognized, high-performance green building rating system as approved by
the Florida Department of Management Services.
Develop sustainable building criteria for capital improvements that are less than whole buildings.
The City should track its own level of greenhouse reductions at facilities and include these in the
City’s Annual Report on GHG emissions. The Green Building Code is applicable to this
recommendation. It allows for LEE and other green rating systems. The City has embarked on
the EPA Portfolio Manager to track our own levels of GHGE at the City facilities. Staff is
currently in the data entry phase of this project.
353 of 505
CITY OF BOYNTON BEACH CLIMATE ACTION PLAN
IMPLEMENTATION STATUS REPORT
st
1 Quarter 2013
May 21, 2013
ON-GOING IN PROCESS COMPLETE
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
4.1.1 Buildings and Facilities
Objective: Reduce GHG emissions from City operations 3 percent by 2012, 13
percent by 2025 and 18 percent by 2035 as compared to 2006 levels.
1. Develop an HVAC and lighting retrofitting strategy and timetable. Public 2008 On-Many fluorescent City capital
lights in city budget line
Works
going
facilities have item for
been replaced by Energy
comprehensive Efficiency.
facility planning. Other PW
Now part of operating
routing funds.
maintenance.
Also HVAC
systems & air
handlers will be
replaced with
more efficient
systems where
feasible.
2. Eliminate or reduce use of refrigerant gases (Hydrofluorocarbons (HFC), Public 2005 On-As mechanical City CIP
equipment is funds.
Works
Hydrochlorofluorocarbons (HCFC), and Chlorofluorocarbon (CFC)), which have going
replaced, units
Global Warming Potentials (GWP) that are thousands of times greater than CO2 in
have new
354 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
HVAC systems and replace them with more ozone and climate-friendly refrigerant refrigerant. All will
be complete by
gases (such as propane, butane, and cyclopentane, water, ammonia and air).
2020.
3. As older computer equipment and appliances must be replaced, ensure that new ITS 10/10 COMP ITS has taken Any
ENERGY STAR
approved
equipment meets Energy Star or equitable ratings LETE
Low Carbon IT
future
Power
funding will
Management
come from
Pledge. Policy
the I.T.S.
in place for all
Computer
replacement
Equipment
equipment to be
Account
Energy Star
(001-1510-
rated.
513-64-15)
4. When planning public infrastructure investments, consider the physical, Public 2005 COMP This is now a City CIP
standard design project
Works
environmental and economic impacts of increasing the energy and water efficiency LETE
consideration in funds.
of the projects. Examine the Capital Improvements Element of the Comprehensive
all capital
Plan to identify potential opportunities to increase the efficiency of these projects
projects.
over their lifespan
4.1.2 Water / Wastewater Facilities, Conservation and Landscape
Irrigation
Objective: Conduct energy audits to determine improvements to reduce
electrical costs at the City’s water and wastewater facilities
1. Evaluate energy efficiency of high-service pumps. Develop an energy efficiency Utilities 2011 TBD High service Utilities CIP
pumps at the
strategy for water utility operations to maximize efficiency of treatment, operations
East Water
and equipment.
Treatment Plant
will be replaced
as part of the
Progressive
Design Build
project. An
overall energy
efficiency
355 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
strategy could
include an
Energy Service
Company
(ESCO) contract
and other City
departments
2. Explore opportunities to incorporate renewable energy sources into the Utilities 2011 TBD In planning Utilities CIP
process, two
expansion or retrofit of water infrastructure
windmills have
been installed in
Stormwater Pond
for aeration, and
a third windmill is
planned for the
Tennis Center
property on
Congress
Avenue.
3. Increase use of aquifer storage and recovery of excess water that would Utilities 2006 2011 COMPLETE – CIP -
ASR wells #1 & $3.43M
ultimately be discharged to the ocean during the wet season.
#2 operational.
4. Maximize use of the East Lime Softening Plant and minimize use of the West Utilities 2010 2014 In progress. Utilities CIP
Construction of $3.42M
Membrane Treatment Plant. complete
project
Section “A” of the Section “A”
raw water main is of the raw
complete. The water main
design of Section
“B” is complete,
and Section “C”
is in permitting.
Bidding of both
projects will be
nd
completed by 2
Quarter 2013.
Construction will
be completed in
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
early 2014. An
RFP for
Progressive
Design Build will
nd
be issued by 2
Quarter 2013 for
improvements at
the East and
West Water
Treatment Plants.
Construction will
be completed in
2015.
5. As co-owner of the South County Regional Wastewater Treatment Facility, the Utilities TBD TBD This initiative TBD
would require a
City is increasing the use of wastewater by existing customers and working to
partnership with
expand the wastewater treatment capacity by 8 million gallons per day. Explore
the Treatment
partnerships with the City of Delray Beach to complete energy audits at the Facility.
Plant Board and
Benchmark current energy usage and efficiencies. Evaluate the potential benefits of
City of Delray
turbo blowers for wastewater aeration, as well as the use of variable frequency
Beach.
drives (VFD). Evaluate the treatment process to determine efficiency.
6. Develop a rebate and incentive program for low-flow toilets and fixtures.
7. Explore using an energy management program such as Energy Star’s “Portfolio Utilities 12/11 On-An intern Portfolio
evaluated the Manager
Manager” for water and wastewater plants to track, measure and reduce energy going
energy savings at Software –
use. See section on Monitoring.
the Ezell Hester Free.
Center. An itern Intern -
will also assist Free
with updating the
City’s
Greenhouse Gas
Emissions
Inventory and
Climate Action
Plan by
December 2013.
Objective: Reduce GHG emissions from City operations 3 percent by 2012, 13
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
percent by 2025 and 18 percent by 2035 as compared to 2006 levels.
8. Use regulatory methods to limit water use. While the City is only required to limit Utilities TBD TBD This initiative TBD
would require
outside landscape irrigation to 3 days per week, other communities within the 16
modification of
counties of the South Florida Water Management District are only allowing 2 day
the City’s
per week watering. CDM recommends exploring the feasibility of reducing the
ordinance and
number of days or hours of landscape irrigation allowed under the City’s water
the assistance of
conservation ordinance as compared to the relevant requirements in Chapter 40E-
Code
24, F.A.C. The City may consider encouraging low-volume irrigation that may be
Enforcement.
used without restriction on days irrigated.
Utilities and
Public Works/
Engineering
currently
encourage low-
volume irrigation
for new and
retrofit projects.
9. Adopt Florida Friendly landscaping principles in the land development code P&Z 2011 Aug. COMPLETE N/A.
Staff hours.
including identification of permitted and prohibited species. Establish landscape 2011
General
requirements in the City’s Land Development Regulations with a target of greater
Fund
than 50 percent for new landscaping consisting of Florida Friendly species including
lawn grass.
10. Determine the effectiveness of reducing unaccounted for water losses from Utilities 2011 2013 COMPLETE. N/A
The City has one
system leaks.
of the lowest
unaccounted for
water loss rates
in the region at
less than 2%.
South Florida
Water
Management’s
target for utilities
is less than 10%.
11. Consider adoption of the Model Ordinance for Installation, Maintenance, and P&Z Dec TBD P&Z staff N/A.
reviewing the Staff hours.
Operation of Sensing Devices on Automatic Landscape Irrigation Systems created 2011
Model Ordinance General
358 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
by DEP. Require irrigation systems to be designed and installed to prevent spray to determine if Fund
this is something
on structures
we want to insert
into the LDR.
12. Enhance the City’s water conservation education program and better utilize the CM Fall COMP Website includes N/A
link to SFWMD Staff hours.
City’s website and social media to communicate the program. 2012 LETE
website. Utilities General
continuing Fund
WaterWise
education
program. Will
utilize social
media to inform
residents of
conservation
initiatives.
13. Promote partnerships and consistent conservation policies with all users within Utilities TBD TBD Outreach has TBD
begun regarding
the City’s water service area including homeowner’s and condominium
stormwater
associations.
management
during major rain
events/hurricane
season. Water
conservation
could be included
as part of future
outreach efforts.
14. Establish aggressive water efficiency standards for City and non-City new Dev. 2011 2011 Part of the Green N/A. Staff
Building Program hours.
Dept.
construction and major renovations which exceed the Florida Building Code2
based on non-General
standards in the Sustainable Construction section and based upon appropriate
mandatory Fund
standards such as U.S. Environmental
participation
Protection Agency’s (EPA) WaterSense or Energy Star. See further
recommendations related to water efficiency
15. Establish landscape requirements for single family infill that can support
creation of an urban forest with energy conserving benefits
16. Establish an urban forestry program to develop a city-wide tree canopy survey P&Z 2011 Dec. In process TBD
359 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
with the eventual goal of reducing the “heat island” effect due to dark or asphalt 2012
surfaces.
4.1.3 City’s Vehicle Fleet and Employee Commuting
Objective: Identify opportunities to reduce the City’s vehicle fleet emissions
through decreasing the size of the fleet and/or increasing the fuel efficiency
of the vehicles with a goal of 10 percent fleet emissions reductions by 2035.
1. Evaluate the need for each vehicle in the fleet and eliminate those vehicles that Public 2008 2013 COMPLETE Fleet Plan
This goal has
Works
do not fulfill a specific purpose. Consider setting a goal of eliminating 5 to 10
been reached
percent of the fleet vehicles through implementation of recommendations listed
through
below.
reductions in
operating
department
programs and
budgets.
2. Develop a fleet retrofit schedule to either hybrids, electric or conversions to Public 2008 On-Remains an on-Fleet Plan
going objective.
Works
compressed natural gas vehicles. Assure adequate recharge or plug in facilities to going
Fleet
service fleet. Develop return on investment and cost comparison analysis of same.
Administrator
Determine the feasibility of only purchasing vehicles to meet new vehicle
considers
greenhouse gas emissions standards promulgated by EPA.
purchase of
alternative fuel
vehicles but are
currently not cost
effective
compared with
the initial high
pricing and low
annual mileage
usage for fleet.
3. Implement GIS-based employee rideshare program and electronic bulletin board. ITS/HR 2011 Fall ITS & HR to N/A
create a Staff hours
Adopt a City rideshare policy manual. 2012
rideshare General
program to Fund
include data base
360 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
of employees
willing to ride-
share & policy to
help regulate the
program.
Employees can
find alternative
commuting
information
through the City’s
intranet, “I-
Boynton” at
http://www.18002
34ride.com/bbfl/
4. Develop and adopt a high-occupancy vehicle incentive program through
preferred employee parking incentives
5. Adopt a City policy for all City operations to reduce miles traveled and hours
traveled by considering efficiencies in scheduled meeting times and locations.
6. Enhance a vehicle idling policy for all applicable City vehicles that furthers the Public 2010 July 1, COMPLETE – N/A
# 08.01.02 Staff hours
Works
APM
objectives of the vehicle idling reduction requirements in Chapter 62-285, F.A.C. 2011
General
including the five minute limitation on idling from heavy-duty diesel engine powered
Fund
motor vehicles
7. Evaluate (and implement if feasible) provision of alternate and/or fuel efficient Public 2010 On-Segways, Electric Staff
hours for
People Movers or
Works
vehicles (such as Segways, electric or hybrid vehicles) for short-distance trips going
R/D
low speed
made by City employees.
electric vehicles
would require
investment &
engineering
studies for travel.
Revisions to
existing
ordinances need
to allow for travel
on our roadway
system.
361 of 505
IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
8. Research and provide recommendations regarding bicycle amenities for City PW & 2012 COMPLETE Staff hours
Installed 2 bike General
Eng.
staff as part of facilities planning and capital budget processes.
stands at City Fund
Hall and adding
bike amenities to
all future city
facility
construction &
rehab projects
through CIP
process.
9. Further research and make a recommendation regarding a “fuel-efficient shuttle”
between the Boynton Tri-Rail Station and City offices.
10. Further research and provide future report on potential feasibility of workforce
housing, on-site day-care, in-house cafes and other trip-saving/time-saving capital
amenities.
11. Adopt employee scheduling and other measures to reduce energy use: H.R. 2010 9/12 Upcoming TBD
Adopt a City telecommuting policy manual including provisions such as
those found in Section 110.171, F.S. for state agency employees. The
provisions should include documenting measurable financial benefits
associated with reduced office space requirements, reductions in energy
consumption, VMT, and associated GHG resulting from telecommuting.
Evaluate (and adopt if the Commission believes this to be a reasonable
and financially prudent action) a furlough policy to close City offices for one
full week a year as an energy cost and general cost reduction strategy
TBD TBD
consistent with the furlough policy in effect for state agencies (Section
Upcoming Unknown
100.1225, F.S.) identifying all affected positions and ensure that all
affected employees are subject to the same reduction of hours for the
same number of pay periods with a commensurate reduction in pay. This
will result in associated reductions in VMT and GHG emissions. Due to
Federal Labor Law limitations and to achieve maximum savings in both
VMT and GHG emissions, it is recommended that the furlough occur over
consecutive work days.
4/09 6/09 COMPLETE No cost
Implement compressed 4-day workweek for City employees (already
implemented by City). This has resulted in a reduction in VMT and GHG
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
emissions due to reduced vehicle usage as well as reduced electrical
consumption by the City.
4.1.4 Emissions from Solid Waste
Objective: Explore opportunities to meet and exceed the following recycling
standards (for recyclable solid waste) required for counties: 40 percent
recycled solid waste by December 31, 2012, 50 percent recycled solid waste
by December 31, 2014, 60 percent recycled solid waste by December 31, 2016,
70 percent recycled solid waste by December 31, 2018 and 75 percent
recycled solid waste by December 31, 2020.
1. Maximize the City’s E-government access and develop a paperwork reduction CM/ITS 2012 In ITS created Staff hours
Process internal city General
policy.
Intranet for info Fund.
and data sharing
among city Replace
employees. In existing
planning phase to software at
incorporate social cost
media for citizen savings
issue tracking & when
all depts. have current
scanning/data contract
management expires.
capabilities with
new copy
machines.
Working on
Green Office
policy for addt’l
paperwork
reduction.
2. Meet or exceed the State’s recycling target for municipal solid waste of 75 % by Public 2010 In Staff developing Solid
new rate Waste
Works
2020. This would include meeting the annual reporting requirements pursuant to Proces
structure for Fund
Section 403.7032, F.S s
commercial
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recycling may
potentially
increase
recycling with
minimal cost to
customer or City.
Also working with
SWA to create
permit process to
allow single
commercial
single stream
recycling & will
allow tracking
amount of
increase of
recycled
commercial
waste. 2013
developed
program to track
amount of
material recycled
by LEED
projects.
3. Adopt a similar voluntary reporting policy for businesses such as that are found Public 2013 Anticip Evolving permit
process as
Works
in Section 403.7032, F.S. encouraging reporting the materials they recycle to the ated
referenced in
county. 2013
4.1.4.2 will satisfy
this goal.
4. Review and adopt as feasible, recycling procurement policies formulated by the
new Recycling Business Assistance Center in DEP.
5. Develop appropriate composting policies consistent with Section 403.706, F.S. Public Staff
recommends this
Works
for organic materials or mulching organic materials that would otherwise be
item be deleted.
disposed of in a landfill. Determine additional opportunities for composting in
All landscape
partnership with the private sector.
materials are
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transported to the
SWA to be
composted or
burned for
electricity. City is
able to track
tonnage being
recycled and
reused.
6. Ensure new development projects, on or after July 1, 2012, for multifamily Public ON-GOING N/A
As referenced in Staff hours
Works
residential or commercial purposes provide adequate space and receptacles for
City Code of General
recycling by tenants and owners consistent with HB 7243 amending Section
Ordinances 10-Fund
403.706, F.S. Determine system for monitoring and tracking compliance with
25 (5) & (6).
building permit process.
7. Publish the City’s rate of recycling on its website. Public ON-GOING N/A Staff
hours
Rates are
Works
General
published
Fund
annually in the
newspaper as
part of Annual
Full Cost
Accounting. The
data will also be
placed on our
newly revised
web pages by
March 30 each
year.
4.1.5 Actions to Administer the City’s Climate Action Plan
Objective: The City Sustainability Team should be responsible for
implementing the Climate Action Plan, monitoring and tracking its success
and developing consistent policy recommendations for the City to achieve its
GHG reduction goals.
1. The City should maintain its inter-departmental Sustainability Team to meet CM Ofc 10/10 On-Team meets N/A
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quarterly to evaluate the effectiveness of the City’s operations and policies on going quarterly. Staff hours
General
energy conservation and sustainability.
Fund
2. The Team should develop office and administrative procedures “green manual” Dev. 10/10 TBD Green Manual in N/A
process utilizing Staff hours
Dept.
with milestones, goals and timelines to meet the City’s goals.
best practices General
from several Fund
“test”
departments.
3. The Team should coordinate with Palm Beach County, the Compact, TCRPC, CM Ofc 10/10 On-Have staff N/A
representatives Staff hours
&
MPO and SFWMD on grant funding and obtaining technical expertise on regional going
on Compact, & General
Grants
climate change that would otherwise not be available. The Team should also reach
MPO BPAC. Fund
Team
out to Florida Atlantic University as a source of scientific information on climate
Applied for
change and its projections.
several grants.
Have engaged
FAU students in
scrub project.
Potential
partnership with
Center for
Environmental
Studies @ FAU.
4. The Team should develop a template and data management system to monitor CM Ofc 10/10 On-Have developed Tracking &
and implemented monitoring-
and track progress towards reaching GHG reduction goals. Monitoring of energy going
internal tracking Staff hours.
reductions should be coordinated by the City’s Sustainability Team by use of free
& monitoring Free
software such as EPA’s Energy Star Portfolio Manager and through the
system for software.
implementation of an Energy Management System which provides real-time energy
projects using Currently
usage (see section on Monitoring). This could be used to produce the City’s Annual
ICLEI templates. no budget
Report, another area of responsibility for the Sustainability Team.
Energy Star for hard
Portfolio Manager copy
being used for Annual
tracking energy Report.
reductions. In Will utilize
process of linking electronic
into system. media to
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Real-time energy publish.
usage monitoring
scheduled to be
used for Fire
Station # 5 solar
project.
5. Develop an Environmentally Preferred Procurement Policy Manual/Central Finance Not started
Procurement System to be used by all appropriate departments and divisions.
While this may not reduce GHG emissions for the City, there are benefits at the
point of production. Preference should be given to products that have a lesser or
reduced effect on human health and the environment as compared to other
products such as low-toxicity, recycled content, low-waste and renewable materials
(unless costs are prohibitive or other environmental considerations are more
important). This preference should consider all phases of the product’s life cycle,
including raw materials acquisition, production, manufacturing, packaging,
distribution, operation, maintenance, and disposal, including potential for reuse or
ability to be recycled. The Manual/System would include the following types of
products:
Biobased, biodegradable, carcinogen-free, chlorofluorocarbon-free,
compostable, durable, energy efficient, heavy metal free (e.g., no lead,
mercury, cadmium), less hazardous, locally manufactured, low volatile
organic compound content, low-toxicity, made from rapidly renewable
materials, persistent/ bioaccumulative toxic free, recyclable, recycled
content, reduced greenhouse gas emissions, reduced packaging,
refurbished, resource efficiency, reusable, upgradeable and water efficient.
6. Related to the Environmentally Preferred Procurement Policy as far as the GHG Finance Not started. This
will be looked at
impact to the City, the Sustainability Team should complete a review of the City’s
as part of the
purchases of commodities and based on anticipated purchasing needs and
Green Office
volumes, prioritize its efforts to integrate environmental considerations into their
Program for
purchases. This should include determination of an appropriate and reputable
office supplies.
standard to avoid concerns of greenwashing. Such products could include the
Other purchase
following:
categories at a
The more than 50 recycled content products designated by the US
later date.
Environmental Protection Agency (www.epa.gov/cpg).
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The more than 35 energy-efficient products listed by the Energy Star
program (www.energystar.gov).
The biobased products designated by the US Department of Agriculture
(www.ars.usda.gov/bbcc).
Furniture purchases such as those with foam components that do not
contain CFC’s or HCFCs and/or wood products certified by the Forest
Stewardship Council whenever possible.
Hybrid electric or alternative fuel vehicles.
Landscaping products and services that are energy efficient and do not
utilize harmful pesticides.
Paint and painting services that utilize volatile organic compounds
standards such as Green Seal.
Paper (beyond the initial recycled-content requirements) such as binders,
flip charts, printer cartridges, envelopes, tissue/towel products, etc.
Pest management products and services.
Vehicle maintenance products and services.
Ability or a policy to recycle electronic waste.
Green Housekeeping policy that includes environmentally preferred
cleaning products/services requirements for internal or contracted janitorial
services.
Require contractors to meet certain energy efficiency standards in their
fleet where appropriate.
Develop criteria for evaluation of governmental services contracts that
provide points to “green certified” businesses with documented programs
and criteria.
Determine the feasibility of pursuing a “green” certification for City offices.
Establish guidelines for businesses submitting proposals to do work with
the City such as preferred off-peak travel drop-off times for responses.
Develop a financial implementation strategy including grants, financing
districts and revolving loan funds for commercial and residential properties.
4.2 Community Engagement
Objective: Motivate all Boynton Beach residents and businesses to adopt
beneficial habits that reduce GHG emissions.
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1. Place the CAP, and highlight its adoption, on the City’s website, BBTV and in the ITS/CM 4/11 Fall Complete N/A
Staff hours
media. 2012
General
Fund
2. Design a marketing program to educate the public on the benefits of energy & CM 3 PSA’s N/A Staff
developed 7 hours
water efficiency and improved air quality. (BBTV PSA-type message to be
aired. Marketing General
developed and aired.)
program in Fund
development
process.
3. Utilize existing programs such as “Commit2BFit” and “Bike to Work” week to H.R. 1/11 On-Have become N/A
annual events Staff hours
highlight the relationships between these initiatives and goals of the CAP such as going
General
reduced greenhouse gas emissions related to less vehicle use.
Fund
4. Use of City facilities, newsletters, the website, library programs, social media and Team 4/11 On-Educational N/A
sessions for Staff hours
providing information through utility bills should all be considered in the cost-going
youth & adults General
effective development of the program.
held at Library Fund
during Earth
Week in April
2013. City
website has
section devoted
to best practices
for individuals &
businesses under
the Green
Practices section
of Go Green
Boynton!
5. Demonstrations and signage in City Hall and partnerships with the library and Team 4/11 On-On-going
schools district will disseminate the messages to a greater audience. going
6. Continue to support assistance programs to low income households such as the Comm. On-On-CDBG rehabs Federal
have upgraded funding
Improve
Federal Weatherization Assistance Program to increase educational opportunities going going
energy efficient
ment
such as energy conservation at existing homes.
materials. Will
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
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continue to
education public
on available
programs.
7. Analyze and increase utilization of existing communications opportunities such Team 6/12 On-In planning Staff
process. Will use
as newsletters, mailers, the City’s marquee, utility bills, new resident packages, City going hours.
city energy
Services Institute and flyers/posters to communicate the City’s CAP concepts. In
improvements as
particular, communicate the City’s water conservation goals in its utility bills. In
demo projects to
particular, use the City’s buildings as a mechanism to increase awareness of the
increase
City’s CAP and accomplishment of goals as well as an opportunity to educate home
awareness. Also
and business owners about the benefits of going green.
working on
community
outreach
program.
8. Increase the information on the City’s “Go Green Boynton!” portion of the website Dev. 02/11 Fall Go Green N/A
Boynton web Staff hours.
Dept.
including educational materials about citizen and business led initiatives to 2013
pages updated. General
incorporate sustainability principles into everyday decisions. Communicate the
Working on Fund
City’s energy savings due to implementation of the CAP. Additional
establishing links.
recommendations include:
Considering
Feature a “Green Home Makeover” once a month on the City’s Green
alternatives to
Section of its website.
Green Home
Create links on website to information on tax and rebate incentives for
Makeover for
homeowner and business energy retrofits.
featured section.
Create a link to a personal GHG emissions calculator and include tips to
personally reduce GHG emissions.
9. Use press releases to highlight the City’s accomplishments including retrofits at CM 10/10 On-Staff will continue N/A
to issue press Staff hours
buildings, green events or renewable energy projects on buildings such as the going
and social media General
retrofits being completed pursuant to the City’s EECBG.
releases as Fund
needed.
10. Examine how to increase the visibility and reach of the City’s CAP message, ITS/CM 10/10 On-Public outreach N/A
templates will Staff hours
strategy and goals with its younger, older, minority and ethnic citizens. going
assist in creating General
an overall Fund
communications
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plan. Currently
staff has been
visiting schools
and organizations
to talk about the
CAP message.
The GO GREEN
BOYNTON
webpage is being
revised for
interactivity and
currently use
FaceBook and
Blog to inform
citizens.
11. Develop an initiative to focus on increasing awareness of the City’s recycling ITS/PW 2011 2012 An entire page on N/A
the city website is Staff hours
program and successes. This initiative should also focus on home and business
be devoted to General
owner tips and strategies for increasing recycling.
recycling with Fund
information about
*Note: This will be an on-going initiative as facets of recycling change in the coming
the City’s
years, this goal will further evolve.
recycling
program, how to
participate, and
many web-links
to resource
information for
homes and
businesses
wanting to begin
recycling, or
improve their
efforts.
12. Determine the feasibility of using transit facilities/stops to increase awareness
related to transportation-related GHG reduction strategies.
13. Promote state’s recycling target of 75 percent. Expand the current recycling Public On-Same as 4.1.4.2
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program through consideration of alternative methods and increasing public Works going
awareness.
14. Publish monthly energy use in local City newsletter and on website. ITS/CM/TBD TBD Not yet started. Software
Waiting to free.
Utilities
implement Staff hours
Energy Star General
Portfolio Manager Fund
Monitoring
Software
15. Energy and water efficiency strategies incorporated into monthly water utilities Utilities On-On-Have been N/A
notifying citizens Staff hours
billing. going going
of water General
restriction Fund
information. Will
expand info to
incorporate
efficiency &
conservation tips.
Info in annual
water report.
Objective: The City should form partnerships between other local
governments, Chambers of Commerce, the business community and engage
all its citizens, from the very young to seniors, to assure it achieves a
“cultural shift” embracing the concepts of sustainability.
16. Consider organizing individually or in partnerships with other local governments. CM & Aug On-Will begin N/A Staff
process with hours
Dev.
Models include the Florida Chamber of Commerce and the growth and climate 2012 going
PACE marketing General
Dept.
related events that they hold each year or the Palms West Chamber of Commerce
campaign for Fund
and their Florida Green, Energy & Climate Conference/Expo. This could increase
energy efficient
awareness of the CAP’s implementation, increase exposure for vendors of local
retrofits for
green products and services and other common areas of interest.
commercial
property owners.
Also part of BP
Marketing Plan
17. Develop a partnership with the Greater Boynton Beach Chamber of Commerce CM & Aug On-Will be working N/A Staff
with Chamber for hours
Dev.
to formulate a “green” certification program or “leadership council” to promote the 2012 going
business green General
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concepts of cost savings and reductions in GHG emissions from the business Dept. certification Fund
program as part
community. Examples include Manatee County and the Green Business
of PACE
Leadership Council or Green Business Partners programs in Sarasota County.
Develop a training program for local businesses in conjunction with this initiative.
18. Establish a local partnership to offer education, training and resources for Dev. 06/11 On-Hosted several Green
training & Building
Dept.
contractors and design professionals. going
educational Fee
meetings & Building
seminars with the Division
*Note: This has become an on-going initiative as staff continues to look for
International Training
educational partnership opportunities.
Code Council; Account
Gold Coast Interlocal
Builders cost
Association; and sharing
PBC Planning
congress.
Developing
workshop to
educate and
integrate
Contractors,
Design
Professionals
and Public Artists
on the City’s
Green Building
Program.
4.3 Fuel and Energy Use
Objective: Reduce energy use in existing and new construction and
incentivize the use of renewable/alternative energy sources. Develop a
feasible target for renewable energy production within the City for City
operations and facilities by a certain date.
1. Develop financial, regulatory and policy incentives, and explore partnerships, for Dev. 2011 On-Partnership with N/A. Staff
the County on hours.
Dept.
development of energy efficiency and renewable energy projects and programs, going
their Energy General
training and incentivizing green jobs and assisting local business through retention
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
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and expansion. Revolving Loan Fund
Fund.
2. Identify City buildings and facilities appropriate for renewable energy projects Public 2010 On-Several projects Grant
have been funding
Works
including street and parking lighting. Ensure involvement of the water and going
successfully and other
wastewater utilities facilities in this effort. Seek grants and other funding
completed, operating
opportunities to implement renewable energy projects on City buildings or at City
including the budget
facilities. Use retrofitted City facility projects as “demonstrations” to increase
most recent funds.
awareness in the community.
extension of
reclaimed water
to the new
Galaxy
elementary
school. Continue
to identify
projects and look
for funding.
3. Assess vacant lands or other parcels appropriate to encourage the development Dev. 2011 TBD Renewable N/A. Staff
energy will be the hours.
Dept.
of alternative energy projects. Verify that code provisions do not inadvertently
last phase of the General
discourage alternative energy projects. Seek partnerships with electric utilities for
Green Building Fund
siting renewable energy projects. Identify opportunities, such as solar photovoltaic
Program. Codes
panels (PV), where a demand for manufacturing exists and develop an economic
do not prohibit
incentive program to attract green businesses.
alternative
energy
installations
4. Create incentives for renewable energy use in new construction. Define City and Dev. 10/12 9/13 Adoption of IGCC TBD
is initial phase of
Dept.
Community standards for energy efficiency and renewable-energy criteria when
the Green
assessing the housing, commercial and transportation sectors. Determine the
Building
feasibility of achieving low or zero net GHG emissions in all new buildings and
Program,
homes. Such standards could include a renewable energy target for homes and
Renewable
businesses or use of renewable energy in a certain amount of public facilities.
energy is phase 3
of the
implementation.
Phase 2 will
constitute the
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residential
implementation of
the Green
Building
Program.
Anticipated
5. Develop policies to ensure that new buildings and major remodels can adapt to Dev. TBD TBD On hold pending N/A
adoption of Staff hours
Dept.
the changing climate with concepts including building floor elevation or requiring
revised Palm General
electrical infrastructure is located at a higher level in the building.
Beach County Fund
flood plain maps
and the
upcoming
revisions to the
Florida Building
Code.
6. Explore an ESCO partnership as a possible opportunity for establishing a CM/PW/4/11 TBD Have begun N/A
conversations Staff hours
Utilities
measurement and verification system for existing energy use management in the
with departments General
City and CRA buildings.
re; potential Fund
projects for
ESCO
partnerships
7. Develop an ESCO energy performance contract (PC) request for proposal (RFP)
to avoid allocating capital dollars for energy retrofits on buildings and facilities.
8. Support initiatives to increase the amount of, and access to, alternatively fueled Public 2010 On- Natural gas Evaluation
stations no longer being done
Works
vehicle infrastructure such as fueling stations. going
considered. Initial by staff.
infrastructure too Staff hours
costly. City has General
installed 5 free-Fund
to-public EV
Charging
Stations. City
continues to
explore use and
expansion of
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EVCS’s.
4.4 Transportation
Objective: Reduce per capita daily VMT each year for the next 20 years.
1. The City should establish an integrated network of non-motorized transportation P&Z 2011 TBD Greenway, At this
blueway, time, only
Rec
corridors by including and utilizing existing rights of way that connect parks, linear
bikeway, staff hours.
PW
parks, greenways, canals and waterways to increase the non-motorized
pedestrian plan General
transportation network.
will address Fund
Identify any missing links in the network to ensure all City streets have
some of these
sidewalks.
issues.
Improve pedestrian continuity on downtown streets to decrease short trip
Interdepartmental
automobile use and iterative parking, increase transit viability and require
team working on
less parking.
connectivity
mapping.
Provide or require bicycle and pedestrian ways for connecting residential
Looking at
areas to recreational areas, schools, shopping areas and employment
potential for
areas.
Transportation
Promote bicycling and pedestrian facilities and incorporate the “complete
Enhancement
streets” concepts to accommodate the needs of different transportation
Program Grant .
modes and users into the City’s transportation plans. Accommodate
FPTA recently
automobiles, transit vehicles and non-motorized forms of transportation.
designated E-4
Ensure a safe and comfortable environment for diverse users.
canal as
Blueway. COBB
Aesthetically pleasing.
listed with 2
Place special emphasis on streets located in the downtown area and in
kayak launches.
single family neighborhoods.
2. Evaluate and Improve City-Wide Bicycle Facilities Network and adopt a P&Z Begun TBD Part of the N/A
Greenway, Staff hours
pedestrian and bicycle master plan by (a commission-determined date).
blueway, General
bikeway, Fund
pedestrian way
masterplan
3. Require a minimum amount of long-term bicycle parking areas for multi-family P&Z N/A N/A COMPLETE N/A
Staff hours
housing and mixed use developments in areas other than the actual dwelling unit.
General
Fund
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
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4. Create Transportation Management Association (or Alliance) of Commercial
Interests along the Corridor to Develop a Trip Linkage Strategy.
5. Implement traffic engineering improvements or enhancements. Prioritize the area Public 2010 COMPLETE N/A
County controls
Works
along Congress Avenue between Gateway Boulevard and Woolbright Road.
all signal timing.
All arterials in
COBB have
signal systems
coordinated to
allow platooning
traffic. Signal
coordination is
one direction only
based on peak
hour demands.
County modifies
signal timing to
respond to
changing traffic
conditions.
6. Identify and create a GIS map of any existing locations for alternatively fueled ITS/PW Begun On-City has 5 EV ARRA
Charging funding for
vehicle charging stations. Determine future opportunities for expansion of the going
Stations depicted initial 5
network.
on various EVCG’s.
websites. Staff hours
Marketing needs General
expansion Fund
(outside goal).
Expansion of
stations will
depend on
usage/demand.
Currently EVCS’s
have consumed
no electricity.
7. Include development approval incentives to encourage prioritized parking and P&Z 2011 TBD Staff has created N/A.
EV Infrastructure Staff hours.
charging stations for alternatively fueled vehicles in redevelopment projects.
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ordinance. General
Approved by Fund
P&D and coming
before
Commission in
May 2013.
Objective: Determine current levels of citywide transit use and increase
ridership.
8. The City should monitor the South Florida East Coast Corridor Study focusing on Public 2007 On-Engineering and N/A
Planning staff Staff hours
Works
the eastern portions of the three counties, mainly along I-95, U.S. 1 and Old going
continue to General
Dixie/Federal Highway. The Study objective is to relieve roadway congestion along
attend meetings Fund
the roadways while providing the needed freight transport to the area. The Study is
and monitor.
also reviewing the potential for additional transit service along the corridor that
Boynton
would provide connectivity to existing and proposed transit (Tri-Rail, Metrorail,
designated for
Miami streetcar, East-West Line in Broward).
train stop on
future Tri-Rail
Coastal Link.
9. The City should create incentives to be implemented in the development
approval process for commercial projects that link directly to public transit
alternatives such as Tri-Rail.
10. Develop City-Wide Multi-Modal Map that illustrates deficiencies and P&Z TBD Dec. Upcoming N/A.
Staff hours
opportunities related to transportation and land use integration. The City should 2011
General
work with Palm Tran and private developers in increasing the transit modal split for
Fund
all trips and also work trips in the City of Boynton Beach
11. City should coordinate with Palm Tran and other transit providers on the
provision and/or enhancement of transit services that connect the City’s western
communities with downtown.
12. City should increase opportunities for park and ride facilities as a means to
encourage greater use of transit and to increase opportunities for ridesharing.
13. Continue work with the MPO, TCRPC and Boynton Beach Community P&Z / 2010 TBD ON-GOING N/A.
Staff sits on Staff hours
CRA
Redevelopment Agency on the Intracoastal Waterway (ICW) plan to expand all
planning General
forms of water-based transportation.
committee for Fund
PBC Water Taxi
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4.5 Land Use and Development
4.5.1 Land Use
Objective: Develop and transmit Comprehensive Plan amendments to
implement the CAP and meet new Chapter 163, F.S. requirements to
incorporate greenhouse gas reduction strategies into specific elements.
1. The future land use plan shall be based upon surveys, studies and data P&Z 2011 Dec. 4.5.1 (1-22) N/A.
Amendments to Staff hours
regarding the area, including the discouragement of urban sprawl; energy efficient 2013
Comp Plan General
land use patterns accounting for existing and future electric power generation and
mandated by Fund
transmission systems; and greenhouse gas reduction strategies. This will require
Chapter 163, F.S.
some level of coordination with power providers on future facilities.
& additional
2.
Transportation strategies to address reduction in greenhouse gas emissions from
implementing
the transportation sector, Section 163.3177(6)(b) F.S. There is no explicit
measures
requirement for supporting data and analysis regarding GHG emissions.
included in the
3.
In the Conservation Element of the Comprehensive Plan, Section
CAP.
163.3177(6)(d), F.S. factors that affect energy conservation must be included and
the Section requires the land use map or map series contained in the future land Implementation
of the 4.5.1 (Land
use element to generally identify and depict “energy conservation”.
Use) will be
4.
The housing element shall consist of standards, plans, and principles to be
affected by the
followed in energy efficiency in the design and construction of new housing and the
overhaul of the
use of renewable energy sources. In Sections 163.3177(6)(f)h. and i., F.S. there
growth
are no definition of standards, and principles for energy efficiency in new
management
construction or use of renewable energy sources.
laws that took
Recommendations to Comply with HB 697 Future Land Use Element:
place in 2011. All
5.
The land use map or map series contained in the future land use element should
provisions
be amended to generally identify and depict energy conservation.
pertaining to
6.
Update the data and analysis discussion to include information from the GHG
energy efficiency
requirements in
Inventory related to emissions data from various sectors.
planning codified
7.
Include efficient use of energy conservation as one of the resources and services
in 2008 (HB697)
to address in Objective 1.8
were deleted.
8.
Update the Support Document to reflect additional aspects of strategies
These included
pertaining to compact, walkable neighborhoods, incentives for infill redevelopment,
energy
transit-oriented development and/or production and use of renewable energy
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
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sources from the CAP. conservation,
energy-efficiency
9.
In policies related to energy efficient land use patterns, reduction of greenhouse
language in items
gas emissions and the efficient use and conservation of energy, required by HB
1-8 is no longer
697, include provisions such as increasing connectivity with the master pedestrian-
mandatory. This
bikeway-greenway-blueway plan and implementation of “qualifying improvements”
means that we
district or other incentives to promote retrofitting of commercial and/or residential
ourselves can
properties as well as City facilities.
determine which
Transportation Element:
provisions of our
10.
Update the data and analysis in the Support Document to include data related
CAP should find
to transportation sector GHG emissions data at the Communitywide and City fleet
their way into the
levels.Comprehensive
Plan.
11.
Update the data and analysis in the Support Document to include the CAP
recommendation pertaining to identification of missing links in sidewalk networks
The plan remains
and establishing an integrated network of non-motorized transportation corridors
unchanged. We
such as rights of way, linear parks, greenways, canals and waterways.
will add the short
12.
Include a policy to implement recommendations in the CAP related to
Energy
increasing opportunities for park and ride facilities and alternatively fueled vehicle
Conservation
charging stations. For instance this policy could be added under Objective 2.8
Element to the
relating to reduction of energy consumption.
CP and
Conservation Element:
depending on
13.
Include an Objective and Policies to address implementation of strategies for
provisions
included in the
conserving natural-area features. This could be done be creating a new Objective
new element,
and Policy section or updating Objectives 4.5 and 4.6 to address these strategies.
additional policies
15.
Establish an urban forestry program to develop City-wide tree canopy survey
will be added to
with the eventual goal of reducing the “heat island” effect due to dark or asphalt
the remaining
surfaces.
elements as
Housing Element:
necessary. The
16.
Include discussion of the City’s Green Building Program for energy efficiency in
CAP will be part
the design and construction of new housing and the use of renewable energy
of the CP’s
sources.
Support
17.
Include a policy to promote partnerships with the City of Boynton Beach
Document.
Community Redevelopment Agency (CRA) in programs to retrofit and upgrade
*Note; We are
properties.
currently working
18.
Include a policy pertaining to development of a residential energy retrofitting
with TCRPC on
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
(“qualifying improvements”) program. Comp Plan
language for
Additional Potential Amendments to the Comprehensive Plan Based on the
downtown TOD
CAP
(important
Utilities Element:
strategy to
19.
Amend the Sanitary Sewer Sub-Element to include concepts under Objective
reduce GHGE in
3A.6 related to consideration of energy audits for wastewater facilities and
transportation
integrating renewable energy resources where appropriate.
sector. TOD
Coastal Element:
amendments will
20.
Revise Policy 7.1.4 to require construction in accordance with the 2007 version
come before
of the Florida Building Code.
Commission in
Intergovernmental Coordination Element:
2013.
21.
Add a policy promoting the City’s partnerships with other municipalities,
TCRPC, MPO, Palm Beach County and other local governments related to
the CAP’s recommendations.
The City adopted
Add a policy that promotes coordination with the efforts of the Southeast
by Resolution the
Florida Regional Climate Change Compact.
RCAP in whole or
The City should continue and enhance partnerships with the TCRPC on
in part as feasible
regional land use plans incorporating climate change adaptation, VMT and in Dec. 2012.
increased energy efficiency. For instance, coordinate the City’s
Comprehensive Plan review and revision to incorporate the CAP
consistent with the TCRPC’s document “Energy Planning in the Twenty-
First Century, A Guide for Florida Communities,” December 2009
(www.tcrpc.org/departments/energy.html).
Capital Improvements Element:
22.
Add a policy that requires the City to coordinate the annual review of the CAP
with the Capital Improvements planning process to capture new opportunities for
funding the CAP’s energy saving recommendations.
Optional Element of Comprehensive Plan
23.
The City should consider adoption of a new element of the Comprehensive
Plan, pursuant to Section 163.3177, F.S., an “Energy Conservation Element” to
capture most of the remaining CAP recommendations. Many local governments
across the state are addressing energy conservation, including related issues
pertaining to climate change and the resulting impacts, in an optional element of
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
their respective Comprehensive Plans. The City’s Sustainability Team will provide
recommendations as to the scope of material to be covered in this optional element
and its Support Document.
4.5.2 Sustainable Construction
Objective: Revise the LDR as needed for policy and short term land
development decision-making that supports the Climate Action Plan.
1. Govern the City by “green” or “sustainable” Land Development Regulations with Dev. 10/10 August Green Building TBD
2012 Program, Phase I
Dept.
different “tiers” (for example, for single family, multi-family, commercial) of design
for commercial
criteria to provide a variety of incentives to landowners/developers. More “intense”
buildings,
incentives are reserved only for parts of the City that are designated for high
adopted in May
density and intense redevelopment.
2011 with
incentives. Phase
2 – residential
buildings
anticipated for
Commission
presentation in
August 2013;
Phase 3 -
renewable
energy – TBD
2. Review its land development regulations to determine the feasibility of using land
use and parking strategies that reduce reliance on automobiles including but not
limited to strategic reductions in parking supply, encouraging short term over long
term parking, promotion of park-and-ride and bike-and-ride areas and shared
parking facilities.
3. Identify land use categories and zoning districts where alternative energy P&Z 2011 2013 COMPLETE N?A
LDR is compliant Staff time
projects are an allowable use. Ensure land development regulations comply with
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
Section 163.04, F.S. in that property owners cannot be denied (nor can with this item…in
near future staff
condominium associations restrictors prohibit) solar collectors, clotheslines or other
will introduce new
energy devices from renewable resources. Similarly, Section 718.113(6) F.S.
language that
allows the board of administration of a condominium the authority to install upon or
allows energy-
within the common elements or association property of a condominium solar
producing
collector, clotheslines, or other energy efficient devices based on renewable
windmills within
resources for the benefit of owners.
certain zoning
districts
4. Create an incentive for projects that includes a “20-Minute Complete P&Z 2013 TBD Staff will explore
this item during
Neighborhoods” approach whereby residents can safely walk a relatively short
the time the TOD
distance from home to most of the destinations and services they use every day.
district or overlay
This could require development applicants to submit a list of neighborhood services
zone is created.
within a 20 Minute walking distance from their project such as:
Neighborhood oriented commercial
Restaurants
Drug stores
Convenience stores
Transit stops
Schools
Parks
5. Develop process and land development standards: Dev. 2012 TBD In process. N/A. Staff
hours.
Dept.
Establish a recognition program for new construction and renovation,
General
feature on website and social networking including signage for projects
Fund
achieving rating.
Applications for buildings over a commission-determined square footage
threshold shall include a building design and construction commissioning
plan and shall be commissioned by a qualified commissioning agent to
meet the owner’s project requirements.
All new commercial and multi-family construction shall include recycling
facilities for non-hazardous materials including paper, glass, metal and
plastic products.
6. The following design principles should be applied to residences of three stories Dev. 10/10 COMPLETE
Dept.
or less, additions, and renovations:
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
− Include standard building code provisions in the land development regulations
encouraging green roof or “white roof” incentives and targets, shading of parking
lots with native vegetation, pervious pavement, flat roofing with reflective standards
and providing more insulation than the minimum to existing residential buildings;
new heating, cooling, and water heating systems in existing buildings; and site-
added components of manufactured homes and buildings.
−
Ensure land development regulations facilitate and promote site design criteria
allowing for the easy and cost-effective installation of solar energy systems with
techniques such as:
Optimum roof orientation.
Clear access without obstructions.
Designing the roof framing to support the addition of solar projects.
Installation of electrical conduits to accept solar electric system wiring.
Installation of plumbing to support an energy efficient water heating
systems (tankless or solar).
Ensure new buildings incorporate passive solar design features such as
daylighting.
−
Review the development regulations and assess need to develop any special
green building criteria for historic structures.
−
Establish criteria for new construction or major renovations requiring hot water
heating systems to achieve an Energy Factor >0.82 or a thermal efficiency of at
least 90 percent (same target as Federal tax rebates).
−
Certified wood products and bio-based materials (engineered wood, bamboo,
cork, natural fiber or other bio-based materials with at least 50 percent biobased
content) shall be encouraged.
−
Develop land development code criteria for composting as appropriate.
−
Reused and recycled materials shall be encouraged in the construction process.
−
As a building site permits, orient and shade buildings such that:
Exterior shade is provided for south-facing windows during the peak
cooling season.
Provide shading against direct sun due to low sun angles for east and west
facing windows.
Protect the building from thermal loss, drafts and degradation of the
building envelope caused by wind and wind-drive materials such as dust,
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Date Date
sand, and leaves with building orientation and landscape features.
Use landscaping to provide natural shading when feasible.
−
Define Florida Friendly and native landscaping species and establish planting
thresholds.
−
Establish requirements for indoor-fixture water conservation. Select appropriate
performance characteristics from the following programs: Water Sense®, Florida
Building Code, Federal Energy Management Program (FEMP), Florida Water Star,
and US Green Building Council (USGBC) Leadership in Energy and Environmental
Design (LEED). A comparison chart of all the programs is contained in Appendix B.
−
Review existing landscape provisions and revise with a goal of reducing heat
island effects.
−
Investigate the feasibility of building design guidelines and criteria to minimize the
amount of non-roof pervious surfaces around buildings.
Investigate provisions and requirements for building energy efficiency
improvements in leased spaces.
Coordinate with CRA to require energy efficiency to obtain funding.
Establish energy efficient outdoor lighting requirements.
Review the viability of an ordinance requiring certain upgrades that save
energy and conserve water are completed at the time a property is sold.
7. Address sustainable construction principles on City facilities: Dev. 2011 COMPLETE N/A. Staff
The Green hours.
−Dept.
Pursuant to Chapter 255, F.S. all City of Boynton Beach buildings shall be
Building Code is General
constructed to meet:
applicable to this Fund. EPA
The USGBC LEED rating system.
recommendation.
The Green Building Initiative's Green Globes rating system.
It allows for
The Florida Green Building Coalition standards, or
LEED and other
A nationally recognized, high-performance green building rating system as
green rating
approved by the Florida Department of Management Services.
systems.
The City has
Develop sustainable building criteria for capital improvements that are less than
embarked on the
whole buildings. The City should track its own level of green house reductions at
EPA Portfolio
facilities and include these in the City’s Annual Report on GHG emissions. Develop
Manager to track
sustainable building criteria for capital improvements that are less than whole
our own levels of
buildings.
green house gas
emission at city
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IMPLEMENTATION STRATEGIES Dept. Start End Status Funding
Date Date
facilities. Staff is
in the data entry
phase of this
project
8. Offer incentives to development applicants to meet or exceed the City’s green Dev. 10/10 COMPLETE Green
Building
Dept.
building program (see Appendix B) as appropriate such as building height, density
Fund
bonuses and flexible floor area ratios. Incentives should be based on the merits of
the project. The incentives should be codified in the developer’s agreement
between the City and the Applicant.
−
Market projects that achieve “certification” to real estate industry.
−
Determine viability of reduced cost Energy Audit for existing buildings
−
Investigate low interest revolving loan funds or establishment of a Property
Assessed Clean Energy (“PACE”) to help finance retrofits. Ensure the program
includes commercial, residential and industrial projects to maximize energy retrofit
benefits among the highest energy consumers.
−
Research future grant opportunities to provide transportation, land use, or energy
efficiency retrofit programs. In particular pursue low income weatherization
assistance funds through the Department of Energy.
−
Support legislative initiatives to formulate a uniform state tax credit for private
green buildings that meet a minimum level of green certification through a
recognized green building program.
− Enhance CRA Residential Improvement Program Grant ($20,000) to require CRA 10/11 9/12 Was not
approved by CRA
energy efficient renovations.
Board for FY
11/12
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10. B
CITY MANAGER’S REPORT
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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ETTLEMENTS
RACC:
Review options for broadcasting City Commission
EQUESTED CTION BY ITY OMMISSION
meetings.
ER:
XPLANATION OF EQUEST
Pursuant to the request from City Commissioners for information pertaining to the
cost/benefit analysis for televising our City Commission meetings, ITS staff has
prepared the following information to review.
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
Broadcasting Options:
There are two basic options for broadcasting our meetings: live and pre-recorded.
Live Features
Can provide “as-it-happens” coverage
Increases public trust through transparency
Can also be recorded for later broadcasting or other use
Unpredictable events will be aired
Technical issues will be exposed
Increased A/V staff and equipment will be required
Pre-Recorded Features
Can be post-produced with graphics, overlays, and presentation material not readily
available during the live broadcast
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Allows for removal of undesired content (obscenities)
Lowers A/V staff and equipment requirements
Levels of Complexity:
Although the configuration options available to us are significant, we will discuss three
levels of complexity in regards to equipment, staffing, and process.
Basic Configuration:
Equipment Staff Process
Single camera with a Single camera operator The event is not
tripod broadcast live, but
Second camera locked
recorded by the camera
Optional second camera down; additional camera
operator
could be locked down operator not needed
for a wide shot Footage is digitized and
Video editor (may or
edited after the event
Audio would feed from may not be the same as
control room to camera camera operator) Resulting video file is
for clear sound prepared for broadcast
reproduction and online streaming
Intermediate Configuration:
Equipment Staff Process
Two to three cameras Camera operator/Video Events can be either
director (will control broadcast live, recorded
Video switch/remote
cameras via remote and broadcast later, or
camera operation board
control) both
Audio would feed from
control room audio
board to video switcher
board
Broadcast delay switch
for spot censorship
Basic Configuration:
Equipment Staff Process
Two to three cameras Two to three camera Events can be either
operators broadcast live, recorded
Headset communication
and broadcast later, or
system to camera Video director/switcher
both
operators (will control camera
takes and instructs the The event is broadcast
Video switcher board
camera operators) live with graphics,
Audio would feed from
overlays, and
Optional staff member
control room audio
presentation materials
to load any
board to video switcher
shown at the time of the
presentations, graphics,
board
broadcast
or overlays into the
Broadcast delay switch
video feed Only video encoding
for spot censorship
necessary during post-
production, since
everything was recorded
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as complete during live
broadcast
In-House versus Out-Sourced:
Two other options open for consideration is whether to provide the video broadcast
service ourselves, or rely on external vendors for this service:
In-House Features:
Maintain control over timing use and availability of staff and equipment
Capital investment in equipment and other infrastructure enhancements
Addition of staff to record and produce video content
Out-Sourced Features:
Operating expense instead of capital expense
Increased level of broadcast expertise from vendor
Possible higher cost versus in-house option
Permanent versus Portable:
Another aspect to consider is the ability to move the recording equipment to other
venues, or for use at other events. History has shown that Commission meetings are
not always held in the City Hall Commission Chambers (i.e. Library Program Room,
Intracoastal Park Clubhouse, Sims Center, etc.). If a future Commission meeting will be
held in a location other than the Chambers, portable equipment might be an option for
consideration.
What we have now:
The camera equipment currently installed within the Commission Chambers is over 10
years old and is not capable of recording Chamber meetings.
The City of Boynton Beach owns a separate (portable) MiniDV tape video camera (non-
HD) and a Manfrotto fluid-head tripod. They are in excellent working condition and
would be sufficient to use in the Basic scenario. The tape-based nature of this system
increases the post-production time, since the footage will need to be digitized in real-
time. A hard-drive, or SD-card based camera would decrease this production time by a
significant factor, vastly lowering the time-to-edit and the time-to-air. Either additional
staff or staff overtime would be required for the Basic scenario.
The Intermediate and Advanced options will require an infrastructure investment of
varying cost, depending on the final complexity of the configuration. Changes to staffing
in order to manage this function would also need to be identified.
Other Considerations:
Section 611 of the Federal Communications Act
What is broadcast on the City of Boynton Beach PEG channel is decided by City
officials:
Excerpt:
“…cable operators may not control the content of programming on public access
channels with the exception that the cable operator may refuse to transmit a
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public access program, or a portion of the program, which the cable operator
reasonably believes contains obscenity.”
Prior Effort:
This project was previously reviewed in FY2008, at which time several bids were
entertained. The recommended bid was valued at $71,420. An additional $15,000 was
the amount recommended by our Facilities Management department to provide
infrastructure improvements (lighting, electrical, window coverings, etc.) in the
Chambers.
Closing Summary:
The ITS Department is seeking additional direction from the Commission to determine
which configuration options they are interested in pursuing (live versus recorded; basic,
intermediate or advanced configuration; in-house versus out-sourced; permanent
versus portable). Depending on the direction chosen, additional research will be
performed by ITS staff in order to further project costs and impact.
FI:
ISCAL MPACT
Fiscal impact has not been determined, and will be based on direction given from
Commission.
A:
LTERNATIVES
Proceed with gathering more information (configuration, costs of equipment,
staffing, etc.) and discuss during Budget Workshops in July for any consideration
in the operating or capital project budgets.
Do nothing, possibly reviewing this topic at some time in the future.
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13. A
LEGAL
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
ATURE F
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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. 13-010 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Adopt the update to the Boynton Beach
Administrative Amendments to the 2010 Florida Building Code (REQUEST TABLING DUE TO
PUBLICATION ERROR BY NEWSPAPER)
ER:
Based on Florida Statute 553.73 4(a), “Building Construction
XPLANATION OF EQUEST
Standards”, the State Legislature has provided for local jurisdictions to modify Chapter 1
of the Florida Building Code to deal with local issues and conditions that are unique and
distinctive to each jurisdiction.
th
On March 6, 2012 the City Commission adopted the Boynton Beach Amendments to
the 2010 Florida Building Code.
The update to the Boynton Beach Amendments to the 2010 Florida Building Code
allowed staff to perform a complete review and analysis of each requirement, regulation,
and process. As part of the post-adoption process, staff anticipates the periodic need
for, and is prepared to expeditiously process, updates and changes to the amendments
for one or more of the following reasons or initiatives:
1. Business and economic development initiatives;
2. Sustainability initiatives;
3. Maintaining internal consistency;
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4. Achieving regulatory compliance; and
5. Incorporating implementation feedback necessary to meet original or current
objectives and vision.
The proposed request would further item #1, Business and economic development
initiative and item #3, internal consistency.
As it currently exists, freeboard requirements associated with new construction or
substantial improvements are located in two places within the City codes. The first
place is the Boynton Beach Amendments to the 2010 Florida Building Code and the
second place is Chapter 4, Article X, “Flood Prevention Requirements” of the City of
Boynton Beach Land Development Regulations.
Staff is proposing to consign the freeboard provisions to the LDR only and to remove
them from the Boynton Beach Amendments to the 2010 FBC. This will help alleviate
confusion and provide clarity to the public.
In addition to the removal of the freeboard requirements staff has also included minor
edits to clean up language affecting the management of unsafe structures, adding a
previous permitting exemption for sheds less than 100 square feet, and removing fee
specific language to maintain consistency with other areas of the amendments.
H?
The recommended clarifications
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
and amendments to the code will result in better public understanding of regulations,
associated permitting costs, and reduce the negative economic impact.
FI:
None
ISCAL MPACT
A:
Do not approve the update to the Administrative Amendments and
LTERNATIVES
retain the Boynton Beach Amendments to the 2010 Florida Building Code as originally
th
adopted on March 6, 2012.
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ORDINANCE NO. 13-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA; PROVIDING FOR THE ADOPTION OF
AN UPDATE TO THE BOYNTON BEACH ADMINISTRATIVE
AMENDMENTS TO THE 2010 FLORIDA BUILDING CODE:
PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS
, pursuant to Chapter 553.73, Florida Statutes, the City Commission may
adopt amendments to the administrative provisions of the Florida Building Code to deal with
local issues and conditions that are unique and distinctive to each jurisdiction, subject to the
limitations in said statute; and
WHEREAS,
the City of Boynton Beach adopted the Boynton Beach Amendments to the
2010 Florida Building Code on March 6, 2012; and
WHEREAS,
the City Commission hereby adopts an update to the Boynton Beach
Administrative Amendments to the 2010 Florida Building Code; and
WHEREAS
, such amendments must be transmitted to the State within 30 days after
enactment of the amendments.
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.
Section 2. That the Update to the Boynton Beach Administrative Amendments to the
2010 Florida Building Code, are hereby amended by adopting those provisions contained in
Exhibit "A", which is attached hereto and incorporated herein by reference.
Section 3. That ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed, provided that in the event of a conflict with respect to the
administration of the building codes, existing administrative laws or rules of the City shall
control.
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Section 4. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
th
FIRST READING this 7 day of May, 2013.
SECOND, FINAL READING AND PASSAGE this _____ day of _______, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
_______________________________
Commissioner – Joe Casello
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. B
LEGAL
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. 13-011 -
EQUESTED CTION BY ITY OMMISSION
SECOND READING - PUBLIC HEARING - Approve amending Chapter 2, Article VI of the City
of Boynton Beach Code of Ordinances entitled "Impact and Selected Fees" to clarify the use of
Park Impact Fee proceeds.(REQUEST TABLING DUE TO PUBLICATION ERROR BY
NEWSPAPER)
ER:
The City Commission passed and adopted Ordinance No.
XPLANATION OF EQUEST
10-025, and Ordinance No. 11-032, which established a park and recreation facilities
impact fee to provide a source of revenue to fund the construction or improvement of
the city park system necessitated by growth, as delineated in the Capital Improvement
Element of the Comprehensive Plan.
The City Attorney’s Office recommends amending the City’s Code of Ordinances to
update and clarify the provisions pertaining to the use and expenditure of Park Impact
Fee proceeds. The proposed amendments provide for definitions and will provide
clarification to staff related to the permitted uses of Park Impact Fee proceeds.
Additionally, the proposed amendments provide for the investment of Park Impact Fee
funds that are not immediately expended.
H?
Provide additional direction to staff
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
regarding the authorized use and expenditures of Park Impact Fee funds.
FI:
N/A
ISCAL MPACT
A:
Do not adopt the Ordinance.
LTERNATIVES
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13. C
LEGAL
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
OMMISSION EETING ATE
O PH
PENINGSUBLIC EARING
O CM’R
THERITY ANAGERS EPORT
A/P UB
NNOUNCEMENTSRESENTATIONSNFINISHED USINESS
NO
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ONSENT GENDAEGAL
BP$100,000 FAI
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CCL
ODE OMPLIANCE AND EGAL
S
ETTLEMENTS
RACC:
PROPOSED ORDINANCE NO. 13-012 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Approve amendment to Land Development Regulations (LDR) that extend the trial
period for temporary feather banners for a second 12-month period, and set a limit of two (2), 90-
day display periods.
ER:
On May 7, 2013 the Commission received an update report
XPLANATION OF EQUEST
from staff regarding temporary feather banners and agreed to extend the temporary
provisions for a second 12-month time period. The accompanying ordinance extends
these temporary provisions from June 6, 2013 to June 6, 2014. Further, staff
recommends that the regulations be amended to limit the number of display periods.
The regulations, as established by Ordinance #11-030 and amended by Ordinance #12-
013, allow for unlimited 90-day display periods, with a 1-week renewal holding period to
provide priority treatment of first-time applicants (recall that the regulations limit
properties to 1 banner per business and 1 banner along the street front per 300 feet of
linear frontage). Staff recommends that the LDR be amended to limit the maximum
number of display periods to two (2) per year.
This amendment would be to the Article IV, Section 4.B.10.e. The proposed change is
shown in the attached ordinance.
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
Continued contribution to permit revenues if banner regulations are
ISCAL MPACT
maintained.
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A:
Not modify regulations and continue allowing additional display periods,
LTERNATIVES
or make alternative or additional amendments to regulations.
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ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS,
CHAPTER 4 ARTICLE IV “SIGN STANDARDS” BY AMENDING SEC. 4
“STANDARDS”, SUBSECTION B.10e TO SET A LIMIT OF TWO (2) 90 DAY DISPLAY
PERIODS; EXTENDING THE TRIAL PERIOD FOR A SECOND TWELVE MONTH
PERIOD; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS
, on May 7, 2013, the City Commission received an updated report from
staff regarding temporary feather banners and agreed to extend the temporary provisions for a
second 12-month time period; and
WHEREAS,
the regulations as established by Ordinance 11-030 and amended by
Ordinance 12-013 allow for unlimited 90-day display periods, however staff is recommending
that the LDR be amended to limit the maximum number of display periods to two (2) per year;
and
WHEREAS
, it is the intent of the City Commission to modify the sign code to limit the
maximum number of display periods to two (2) per year and extend the trial basis for a 12-month
period after which time the City Commission will evaluate if the use of temporary feather banner
signs provides benefit to the business community in balance with aesthetic considerations which
might negatively impact the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. Article IV “Sign Standards”, Sec. 4 “Standards”, subsection B.10e shall be
amended as follows:
…
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e. Duration. The maximum display period shall be ninety (90) days per 12-month
period, except that feather banner permits may be issued for one (1) additional display
periods contingent upon there being available space based on the maximum number of
banners allowed per property as described above. In order to ensure priority treatment of
first-time applicants, a permit for an additional 90-day display period may be requested
after seven (7) working days following permit expiration, if there remains capacity on the
property for the additional banner. If desired by a first-time applicant for a feather banner,
applications shall be held by the City in queue for the next available display period based
on the expiration dates of existing permits. Complete, first-time applications will be
processed and held on a first-come, first-served basis. The duration period shall run for
consecutive days.
…
Section 3. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall be deemed effective as of June 6, 2013 for a period
of twelve (12) months and shall automatically be repealed after twelve (12) months.
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FIRST READING this ____ day of ____________, 2013.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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13. D
LEGAL
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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. 13-013 - FIRST
EQUESTED CTION BY ITY OMMISSION
READING - Amend the Land Development Regulations to: 1) Create Transit Oriented
Development provisions & minimum standards within the mixed-use zoning district regulations;
2) Revise applicability of Flood Elevation & Freeboard Standards; and 3) Further amend parking
requirements in support of adaptive reuse projects. City initiated.
ER:
As explained in the accompanying staff report, this set of
XPLANATION OF EQUEST
amendments includes the initial introduction of transit-oriented development (TOD)
provisions and minimum standards into the LDR, a modification of the flood prevention
standards to limit applicability of the higher finished floor elevation to only new
construction, and expansion of the parking provisions intended to benefit adaptive reuse
projects to areas along US-1 and Boynton Beach Boulevard that have been applicable
to Ocean Avenue. The proposed T.O.D. provisions have been drafted with the
assistance of Kim Delaney, P.D, Strategic Planning Coordinator for the Treasure
H
Coast Regional Planning Council. Ms. Delaney has been involved in T.O.D. design
planning on a local level involving charrettes and development standards, and has been
involved with planning efforts of the FDOT and SFRTA intended to add passenger
service to the FEC Rail Road corridor.
Transit-Oriented Development provisions
These initial provisions are intended to establish the T.O.D framework in the LDR to
promote more compact development and redevelopment that supports the plans for a
th
rail station on NE 4 Street, between Boynton Beach Boulevard and Ocean Avenue.
The emphasis of these initial provisions is on the adoption of minimum development
standards to maximize dwelling units and commercial square footage in the area
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immediately surrounding the planned train station which is called the “Transit Core”.
Lastly, to allow greater design flexibility and promote traditional architecture, staff
recommends that the sky exposure plane requirements in the LDR be replaced with
more general, performance-based standards. Instead of requiring a quantifiable “step-
back” in building design based on setback and overall height, staff proposes a series of
design standards based on basic building anatomy or “hierarchy” represented by the
three components of a building: the “base”, the “middle”, and the “top”. The visual value
(and functional value with respect to the streetscape) of a building is measured and
achieved through proper design of each component through human scale and
“friendliness”, appropriate traditional materials, architectural rhythm, classical vertical
proportions, appropriate “solid to void” ratio, and uniqueness (see accompanying staff
report further explanation).
Future amendments that continue furthering this T.O.D. framework may include, in part,
incentives involving project density and T.O.D. parking standards.
Floor Prevention and “free board”
For a community to participate in the National Flood Insurance Program (NFIP), it must
adopt and enforce floodplain management regulations that meet or exceed the
minimum NFIP standards and requirements. While not required by the NFIP, each
community is encouraged by FEMA to adopt higher regulatory standards, such as the
freeboard requirement. The “Freeboard” standard is simply requiring structures to be
elevated above the minimum base flood elevation (BFE). FEMA recommends a
freeboard requirement of at least 12 inches to account for the one-foot rise built into the
concept of designating a floodway and the encroachment requirements where
floodways have not been designated. The proposed amendment simply changes the
applicability of the freeboard requirement to only new construction, leaving existing,
unaltered portions of buildings to meet the minimum BFE set by the NFIP. The City
adopted the one (1)-foot freeboard provisions and codified it in 1) the Boynton Beach
Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article
X Flood Prevention Requirements. The corresponding amendments to the local
amendments to the 2010 Florida Building Code are also being proposed by staff within
a separate agenda item. The proposed amendment is not anticipated to jeopardize the
City’s flood rating, but instead will likely increase the cost-feasibility of expanding
existing structures.
Parking requirements for adaptive reuse projects
Staff is proposing amendments to the Land Development Regulations (LDR) that
include the reduction of required parking in association with the adaptive reuse of
vacant and under-utilized buildings in the downtown area, as an interim measure, to
support current CRA initiatives until such time as the future vision contained within the
Downtown Master Plan is realized through planned redevelopment of these parcels.
These provisions that have been in effect for the Ocean Avenue corridor are proposed
to apply to selected areas along US 1 and Boynton Beach Boulevard. Such provisions
are generally described as a reduction in required parking, more flexibility in off-site
parking regulations and expansion of the area in which the payment-in-lieu-of-parking is
allowed.
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H?
Proposed amendments will
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
encourage redevelopment and development in accordance with adopted redevelopment
plans and the City’s Comprehensive Plan.
FI:
All three sets of amendments will promote redevelopment, development
ISCAL MPACT
and adaptive reuse of existing properties, which have both direct and indirect benefits to
property values and the City’s tax base.
A:
No alternatives recommended.
LTERNATIVES
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ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS TO
CREATE TRANSIT ORIENTED DEVELOPMENT PROVISIONS AND MINIMUM
STANDARDS WITHIN THE MIXED-USE ZONING DISTRICT REGULATIONS;
AMENDING APPLICABILITY OF FLOOD ELEVATION AND FREEBOARD
STANDARDS; AMENDING PARKING REQUIREMENTS IN SUPPORT OF
ADAPTIVE REUSE PROJECTS; PROVIDING FOR CONFLICTS, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS
, staff is proposing amendment to the Land Development Regulations (LDR)
to add provisions that includes the initial introduction of transit-oriented development (TOD)
provisions and minimum standards, a modification of the flood prevention standards to limit
applicability of the higher finished floor elevation to only new construction, and expansion of the
parking provisions intended to benefit adaptive reuse projects to areas along US-1 and Boynton
Beach Boulevard that have been applicable to Ocean Avenue; and
WHEREAS
, the City Commission of the City of Boynton Beach deems it to be in the
best interest of the citizens and residents of the City to amend the Land Development
Regulations as proposed to encourage compact, Transit Oriented Development and adaptive
reuse of buildings downtown; promote both residential and non-residential expansion through
reasonable application of the finished floor elevation regulations; promote business/economic
development and simplify regulations thereby making the code more user-friendly.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
.
Section 1The foregoing whereas clauses are true and correct and are now ratified and
confirmed by the City Commission.
Section 2. The City of Boynton Beach Code of Ordinances, Part III, Land
Development Regulations, is hereby amended by adding the words and figures in underlined
type and deleting the words struck through in the attached Exhibit “A”
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Section 3. Should any section or provision of this Ordinance or any portion thereof
be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
Section 5. This Ordinance shall become effective immediately.
FIRST READING this ____ day of ____________, 2013.
SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2013.
CITY OF BOYNTON BEACH, FLORIDA
______________________________
Mayor – Jerry Taylor
______________________________
Vice Mayor – Woodrow L. Hay
______________________________
Commissioner – David T. Merker
______________________________
Commissioner – Michael M. Fitzpatrick
______________________________
Commissioner – Joe Casello
ATTEST:
___________________________
Janet M. Prainito, MMC
City Clerk
(Corporate Seal)
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DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING
Memorandum PZ 13-009
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Planning and Zoning Director
DATE: March 20, 2013
RE: Economic Development and Interim LDR Amendments (CDRV 13-
001) – Approve amendments to the LDR to 1) create Transit Oriented
Development Provisions & Minimum Standards; 2) revise
applicability of Flood Elevation & Freeboard Standards; and 3) further
amend parking requirements in support of Adaptive Reuse projects.
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.
The proposed amendments would further items #1, Business and economic development
initiatives, #2, Sustainability initiatives, and #5, by adjusting existing regulations to achieve
original or current objectives.
BACKGROUND AND EXPLANATION
1. TOD Provisions and Minimum Standards (also see Exhibits “A” and “B”)
Overview:
Florida’s coastal communities, including the City of Boynton Beach, tend to have historic
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downtowns located along the FEC rail corridor, which historically operated as a passenger route
through the state. The FEC Railroad’s historic passenger service was terminated in the 1960s,
and since that time, Florida’s rapid growth has been characterized by a low-density, sprawling
pattern of land development that has produced transportation inefficiencies, constrained mobility,
and limited transportation choices. There is a clear relationship between land use and
transportation that is evidenced in all patterns of development. Given the high levels of roadway
congestion, increasing population, climate change, and constrained financial resources, the state
has increased its focus on improving the land use/transportation relationship to improve
efficiency and more closely coordinate land development patterns with transportation systems.
Transit, especially passenger rail service, has become a high priority in the southeast Florida
region.
The FEC rail corridor is a defining infrastructure feature of southeast Florida. Although the rail
line only carries freight today, there is increasing demand for it to carry passengers as well,
especially given the constraint of the state roadway network in the region. Accordingly, for the
past eight years, the City has been participating with the Florida Department of Transportation
(FDOT) and other agencies to expand the Tri-Rail commuter system to include new service on
the FEC. Tri-Rail currently operates on the CSX rail corridor (west of I-95), with a Boynton
Beach station at Gateway Boulevard. The expanded service, named the “Tri-Rail Coastal Link,”
would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and
Miami-Dade Counties, including a new Boynton Beach station just south of Boynton Beach
Boulevard.
FDOT and its transportation partners, including the South Florida Regional Transportation
Authority (SFRTA), Palm Beach Metropolitan Planning Organization (MPO), Treasure Coast
Regional Planning Council (TCRPC), and other local governments and organizations, have all
prioritized the need to improve land development patterns in advance of station development for
several reasons: (1) transit-oriented development (TOD) improves ridership for transit service,
thereby increasing efficiency; (2) transit service increases access to station areas, thereby
increasing potential for higher intensity and density land development; (3) TOD equally
accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further
increasing access to station areas and potential for increased development capacity; and (4) TOD
encourages a park-once environment, which reduces vehicular demand on the roadway network,
further improving efficiency and reducing carbon emissions. Further, Federal funding for transit
projects such as the Tri-Rail Coastal Link are highly contingent upon existing and projected
TOD patterns around station areas such as the City’s planned rail station. Cities that adopt TOD
plans and codes ahead of the planned service help improve the competitiveness of the City and
region.
What is TOD:
Transit-Oriented Development (TOD) is a land development pattern located within one-quarter
to one-half-mile of an existing or planned transit station. Such developments are recognized by
Florida Statues, and specifically defined to consist of “compact, moderate to high density
developments, of mixed-use character, interconnected with other land uses, bicycle and
pedestrian friendly” and is designed to support frequent transit service. (Chapter 163, F.S.). The
most significant features of a TOD are (1) increased density and intensity of development, with
minimum levels of development recommended by FDOT; (2) walkability and interconnectivity
throughout the area; and (3) mix of uses appropriate to the service and area.
TOD Code Amendments:
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The City’s land development code already contains several mixed-use zoning districts that
provide the appropriate mix of uses and development design standards for TOD; however, they
do not provide sufficient minimum densities and intensities consistent with the state’s
recommendations. To begin phasing in such provisions, the proposed code amendments include
new terms and definitions, supportive descriptions including necessary wording added to the
Purpose and Intent sections, and most importantly, minimum density and intensity standards
consistent with state guidance for the quarter-mile TOD district in which the City’s future
passenger rail station will be located. As the City conducts its ongoing review of the
Comprehensive Plan and changing land development conditions, staff will prepare appropriate
TOD amendments to further reinforce this desired and necessary development pattern in
conjunction with the City’s future station. For example, subsequent amendments may include
additional TOD provisions applicable to parking requirements.
Lastly, to allow greater design flexibility, staff recommends that the sky exposure plane
requirements of Chapter 4, Article III, Section 5.C.1 be replaced with more general and
performance-based standards emphasizing traditional building architecture. Such traditional
design includes a hierarchy represented by three components of a building, including the “base”,
the “middle”, and the “top”. The visual value (and functional value with respect to the
streetscape) of a building is measured and achieved through proper design of each component
through human scale and “friendliness”, appropriate traditional materials, architectural rhythm,
classical vertical proportions, appropriate “solid to void” ratio, and uniqueness.
The “base” should be characterized by having all elements compliment the pedestrian
environment to which it is exposed, including windows (allowing internal views), entries, porte-
cocheres, canopies, awnings, courtyards, and elements of pedestrian interest such as retail stores,
storefront show windows and landscape elements. The height of the base is typically
proportionate to the overall height of the streetwall, and in taller streetwalls may typically
include two floors (three floors in the MU-H District) to five floors.
The “middle” of the building should include the expression of the primary building uses.
The “middle” of the building should include multiple architectural rhythms derived through step-
backs, changes in plane, changes in materials or colors, window types, window sizes, pairing or
multiples of windows, oriel windows and by shutters and other detailing.Typically there should
be more solid wall than window opening to maintain the traditional character. Mirrored and/or
deeply colored glass should be avoided, as well as horizontal banding of windows and/or a
regular horizontal expression of floor slabs.
The “top” of a building tower terminates the building at the sky, and defines a skyline. Towers
should be placed to allow views between towers and allow sunshine to penetrate to the lower
building levels and the street below. The building top achieves its character though the design of
cornices, step backs, changes in scale, geometric elements and materials or textures.
These traditional design characteristics will be used to create the appropriate code text and
inserted into Article III prior to adoption.
2. Flood Elevation and Freeboard Requirements (also see Exhibit “C”)
For a community to participate in the National Flood Insurance Program (NFIP), it must adopt
and enforce floodplain management regulations that meet or exceed the minimum NFIP
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standards and requirements. These standards are intended to prevent loss of life and property, as
well as economic and social hardships that result from flooding. Chapter 44 of the Code of
Federal Regulations (44 CFR) requires that all new construction and substantial improvements of
residential structures located within the floodplain (e.g., Special Flood Hazard Area) shall be
elevated to the base flood elevation (BFE), which is the point in elevation that surface water
resulting from a flood has a one (1) percent chance of equaling or exceeding that level in any
given year. The BFE is the national standard used by the NFIP and all federal agencies for the
purposes of requiring the purchase of flood insurance and regulating new development.
The City of Boynton Beach participates in the NFIP and regulates structures in the floodplain in
accordance with 44 CFR. While not required by the NFIP, each community is encouraged by
FEMA to adopt higher regulatory standards, such as the freeboard requirement. Freeboard is
simply requiring structures to be elevated above the BFE. FEMA recommends a freeboard
requirement of at least 12 inches to account for the one-foot rise built into the concept of
designating a floodway and the encroachment requirements where floodways have not been
designated. The City adopted one (1)-foot freeboard provisions and codified it in the 1) Boynton
Beach Amendments to the 2010 Florida Building Code; and 2) Part III (LDR), Chapter 4, Article
X Flood Prevention Requirements.
The LDR was rewritten in 2010, in part, to be more intuitive and user-friendly for property
owners and their design professionals and contractors when planning to make building and site
improvements. Freeboard requirements often play a significant role in site development, and to
avoid confusion and future conflict between the LDR and Administrative Amendments to the
Florida Building Code (FBC), staff is looking to consign the freeboard provisions to the LDR
only and to remove them from the Boynton Beach Amendments to the 2010 FBC. In addition to
this code consolidation effort, staff is initiating a change to the freeboard requirements with
respect to how proposed building additions and/or substantial improvements are regulated. It is
the opinion of staff that the current provisions are too onerous and have placed a financial
hardship on property owners who desire to make substantial improvements. For example, staff
has recently experienced a situation where a property owner wanted to expand the floor area of
an existing home located in a flood zone. Any new building addition is required to comply with
the freeboard provisions, and the cost of construction was such that the project would have been
categorized as a substantial improvement. As a substantial improvement, the freeboard
requirements compel the property owner to not only elevate the proposed building addition one
(1)-foot above the BFE, but the existing home as well. With a down economy in recent years,
the cost of construction has not decreased commensurate with the decrease in home values, so
the likelihood of being classified as a substantial improvement increases. While requiring the
building addition alone to be elevated one (1)-foot above the BFE would have resulted in a
unique and unorthodox floor plan (and undoubtedly less desirable for the resident), elevating the
finished floor of the existing home proved to be too costly and the property owner eventually
abandoned the proposal. Like with this case, many home owners abandon plans for planned
home expansions/additions, because compliance with the freeboard requirements may be
impractical, or is cost-prohibitive. To help alleviate this type of situation from occurring in the
future, staff is recommending the freeboard requirements for additions and/or substantial
improvements be changed to require the existing building to be elevated to the base flood
elevation only, which would still be compliance with 44 CFR. New building construction
however, would still be required to meet the freeboard provisions and be elevated at least one (1)
foot above the BFE.
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This proposed freeboard amendment is an example of the delicate balancing act that government
plays in regulating the manner in which real property is efficiently used and enjoyed as
compared with increasing the potential for future risks to life/property.
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.
3. Parking Requirements Applicable to Adaptive Reuse Projects (also see Exhibit “D”)
Staff is proposing amendments to the Land Development Regulations (LDR) involving the
reduction of required parking in association with the adaptive reuse of vacant and under-utilized
buildings in the downtown area, as an interim measure, to support current CRA initiatives and
until such time as the future vision contained within the Downtown Master Plan is realized
through planned redevelopment of these parcels.
A staff team, including CRA staff, previously collaborated to establish a list of appropriate uses
and development regulations intended to implement the vision contained within the Downtown
Master Plan. The vision, in part, involves the creation of a Public Art and Cultural Corridor
between the marina/waterfront attractions to the east and the cultural/civic activities to the west
on Ocean Avenue. This effort resulted in the adoption of the Ocean Avenue Overlay Zone,
which envisions the adaptive reuse of existing buildings and the relocation of historic structures
to vacant parcels along Ocean Avenue, in order to create a mix of uses which create a sense of
place with small shops and restaurants, arts related businesses and residential uses, all at a
pedestrian scale, and contributing to a pedestrian friendly atmosphere. A part of these regulations
reduce the parking requirements in an effort to spur reuse of the existing building inventory
along the avenue. The former Jones Cottage was relocated downtown and is now The Little
House restaurant, the CRA is working with interested parties to bring a tenant to the Magnuson
House and plans are being developed for a new public parking lot on the former Jones Cottage
site.
Staff is now suggesting that some of these same regulations, namely a reduction in required
parking, more flexibility in off-site parking regulations and expansion of the area in which the
payment-in-lieu-of-parking is allowed, may serve to spur the adaptive reuse of existing buildings
along Federal Highway as well as along Boynton Beach Boulevard. These regulations would be
rd
applicable to CBD- and C-4-zoned properties from approximately SE 3 Avenue to the C-16
Canal fronting on Federal Highway, and those located between Federal Highway and the FEC
RR; the C-2-zoned properties fronting on Boynton Beach Boulevard between Seacrest Boulevard
and Interstate 95; and the C-3-zoned properties fronting on Boynton Beach Boulevard between
Seacrest Boulevard and the FEC RR.
Lastly, this amendment is intended to correct an unforeseen error in the previous adoption of the
adaptive reuse regulations which inadvertently eliminated the requirement for parking for any
building expansions up to 100% within the CBD zoning district or subsequent zoning districts
established to supplement or replace the CBD. The proposed amendments would allow for
reduced parking requirements more in line with staff’s intent and locational criteria.
CONCLUSION / RECOMENDATION
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Staff is recommending approval of the proposed code amendments. Overall, these amendments
encourage compact, Transit Oriented Development and adaptive reuse of buildings downtown;
promote both residential and non-residential expansion through reasonable application of the
finished floor elevation regulations; promote business/economic development; and simplify
regulations thereby making the code more user-friendly.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 13-001 ED & Interim Amendments\CDRV 13-001 Staff Report.doc
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PROPOSED LDR AMENDMENTS
1. Transit Oriented Development (TOD) Provisions and Minimum Standards
Part III. Land Development Regulations, Part 1, Art. II. Definitions
A development or development pattern
COMPACT DEVELOPMENT –
consisting of a varied mix of land uses, including but not limited to residential,
commercial, office, and public/civic spaces. The central characteristic of compact
development is discouraging urban sprawl and reducing the number of vehicular
miles traveled by accommodating living, employment, shopping, entertainment,
recreation, and outdoor gathering areas, all of which are located within walking
distance of each other. Typical design elements include minimal building
setbacks, wide pedestrian areas and public spaces, a grid pattern street network
with short and interconnected block and alley lengths, and innovative/flexible
approaches to off-street parking requirements. Emphasis is placed on the
proximity and access of a subject development to public transit and alternate
modes of transportation, with priority given to creating safe and pleasant
pedestrian/bicycle circulation patterns and linkages.
STATION AREA –
A geographic area established for planning and regulatory
purposes, and which is characterized by “Compact Development” within a one-
half mile radius around a transit station. Within the framework of TOD and
transit station planning, this area includes the “Transit Core.” See TRANSIT
CORE.
TRANSIT-ORIENTED DEVELOPMENT (TOD) –
A component of
“Compact Development” characterized by moderate to high intensity and density,
mixed use development within one-half mile of a transit stop or station designed
to maximize walking trips and access to transit and the various uses within the
area devoted to “Compact Development”.
TRANSIT CORE –
The first one-quarter mile radius, or approximately 125 acres
around a transit station characterized by the most intense/dense development and
urban design that promotes efficient and pleasurable pedestrian routes to the
transit station and to surrounding resources and nearby destinations.
Part III. Land Development Regulations, Chapter 3, Art. III. Zoning Districts and
Overlay Zones
Section 5. Mixed-Use (Urban) Districts.
A. General.
1. Purpose and Intent
. The Mixed-Use (urban) zoning
districts are intended to implement the Community Redevelopment
Plans, in part, by providing for a mixture of land uses,
accommodating varying densities and intensities appropriate for
each planning area, and by establishing quality streetscapes and
pedestrian environments as part of a compact urban setting. These
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districts are also intended to support transit ridership and in
particular, the development of transit-oriented developments near
planned passenger train stations along the FEC Railroad corridor,
th
such as the designated location along Northeast 4 Street, between
Boynton Beach Boulevard and Ocean Avenue. Additional
standards and requirements of this section are based on the
proximity to the planned train station, and location within the
Transit Core, which is defined as the area extending one-quarter
(1/4) mile from the train station (see Map # to be determined). To
ensure compliance with these regulations, an application for site
plan approval shall be required and reviewed concurrently with
any request to rezone lands to a Mixed-Use (urban) district. Also
see Chapter 4, Article III, Section 6.H for design and compatibility
standards, as well as the Urban Design Guidelines for
Development within the Boynton Beach Community
Redevelopment Area (Urban Design Guidelines). The objectives
of the Mixed-Use (urban) districts are as follows:
a.
Support and enhance revitalization efforts in the
city's traditional commercial core area through the
provision of compact, transit-supportive, high density and
intensity development;
b.
Allow for commercial services to be provided to
new residential developments in planned locations with
appropriate densities, heights, and mixtures of uses;
c.
Create optimal pedestrian environments and spaces
through well located public plazas, expanded public
sidewalks, maximized internal and external
interconnectivity and appropriate separation from, and
design of pedestrian-friendly vehicular circulation areas;
d.
Allow flexibility in architectural design and
building bulk while maximizing compatibility and harmony
with adjoining development within the development area;
e.
Create surrounding areas that complement rather
than compete with the downtown;
f.
Create higher quality environments for residents,
businesses, employees, and visitors as determined by how
well the urban centers function seamlessly with respect to
interconnectivity between the principal uses, activity
centers, and transportations systems, forming a cohesive
and desirable sense of place.
2. Description of Districts.
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a. Mixed Use-Low Intensity 1 (MU-L1).
The
MU-L1 district implements the Mixed Use (MX) Future
Land Use Map (FLUM) classification of the
Comprehensive Plan and has a maximum residential
density of 20 dwelling units per acre, and a minimum
density of 11 dwelling units per acre if located within the
Transit Core. This minimum density requirement shall be
applicable to any such project regardless of whether the site
is partially or entirely located within the Transit Core. A
lesser density may be imposed on the MU-L1 district
pursuant to the “Locational Requirements for Maximum
Height, Density, and Floor Area Ratio” table in Section 5.C
below - (Building and Site Regulations).
b. Mixed Use-Low Intensity 2 (MU-L2).
The
MU-L2 district implements the Mixed Use (MX) Future
Land Use Map (FLUM) classification of the
Comprehensive Plan and has a maximum residential
density of 30 dwelling units per acre. and a minimum
density of 20 dwelling units per acre if located within the
Transit Core. This minimum density requirement shall be
applicable to any such project regardless of whether the site
is partially or entirely located within the Transit Core. A
lesser density may be imposed on the MU-L2 district
pursuant to the “Locational Requirements for Maximum
Height, Density, and Floor Area Ratio” table in Section 5.C
below - (Building and Site Regulations).
c.Mixed Use-Low Intensity 3 (MU-L3).
The
MU-L3 district implements the Mixed Use (MX) Future
Land Use Map (FLUM) classification of the
Comprehensive Plan and has a maximum residential
density of 40 dwelling units per acre. and a minimum
density of 30 dwelling units per acre if located within the
Transit Core. This minimum density requirement shall be
applicable to any such project regardless of whether the site
is partially or entirely located within the Transit Core. A
lesser density may be imposed on the MU-L3 district
pursuant to the “Locational Requirements for Maximum
Height, Density, and Floor Area Ratio” table in Section 5.C
below - (Building and Site Regulations).
d.Mixed Use-High Intensity (MU-H).
The
MU-H district implements the Mixed Use-Core (MX-C)
Future Land Use Map (FLUM) classification of the
Comprehensive Plan and has a maximum residential
density of 80 dwelling unit per acre., and a minimum
density of 40 dwelling units per acre if located within the
Transit Core. This minimum density requirement shall be
applicable to any such project regardless of whether the site
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is partially or entirely located within the Transit Core. A
lesser density may be imposed on the MU-L1H district
pursuant to the “Locational Requirements for Maximum
Height, Density, and Floor Area Ratio” table in Chapter 3,
Section 5.C below - (Building and Site Regulations) The
intent of this district is to supplant the Central Business
District (CBD) in the historic downtown and marina
district.
3. Location and Mixed General Use Design Standards
Requirements.
a. General.
The Mixed Use (urban) districts are
intended for projects that optimum when there are
opportunities to promote sustainable design sustainability
with respect to land use, energy conservation, resource
management, and social equity. Rezoning to any of these
districts is encouraged for proposed development or
redevelopment on lands that are in close proximity to
existing infrastructure, public and alternative transportation
routes and modes, employment centers, community areas,
or have sustained or are complicated by environmental
contamination.
The mixed use (urban) zoning districts shall be applied to
selected geographic areas, east of I-95, where a mixture of
uses and building densities intensities is intended to
implement to carry out elements of the City's
Comprehensive Plan, redevelopment plans, and Urban
Design Guidelines including goals involving compact
design, transit-oriented development, employment,
population, transportation, housing, public facilities, and
environmental quality. Regulations for the planning areas
are implemented through four (4) zoning districts: 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). Permitted uses and
associated standards for development vary between the
zoning districts each reflecting the importance of the
district's location and its relationship to the downtown.
Maximum heights, densities, and intensities of
development are regulated according to the classification of
the roadway that abuts the project the frontage, and based
on of the property, and proximity to the transit core and
existing single-family zoning districts. A master plan as a
whole, comprised of individual buildings and parcels,
would be reviewed for compliance with the requirements
below pertaining to a residential component to the project,
and commercial use on the first floor of a project. Projects
not meeting the requirement for a residential component
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shall be reviewed for contribution to employment targets in
accordance with FDOT standards for a Community Center
TOD.
b. All Mixed Use-Low Intensity Districts.
Mixed
Use-Low Intensity 1 (MU-L1), Mixed Use-Low Intensity 2
(MU-L2), and Mixed Use-Low Intensity 3 (MU-L3).
(1) In order to complement the revitalization
efforts in the downtown area, the MU-L Zoning
Districts shall only be applied to lands consistent
with the Comprehensive Plan and respective
redevelopment plans peripheral to the downtown
area and classified as Mixed Use (MX) on the
Future Land Use Map. Such areas are generally
described as Woolbright Road between I-95 and the
FEC Railroad, Boynton Beach Boulevard between
st
I-95 and Northwest 1 Street, Martin Luther King
th
Jr. Boulevard, Southeast 4 Street south to
th
Southeast 5 Avenue, and Ocean Avenue between
thst
Southeast 4 Street and Southeast 1 Street. See
the respective redevelopment plan for specific
recommendations on locations and boundaries.
(2) The MU-L Districts are appropriate for low-
to mid-rise developments that provide for medium
density residential uses and low to medium intensity
commercial and office uses.
(3) The review of these applications will
emphasize compactness, aesthetics and design
quality, and physical compatibility with adjacent
land uses.
(4) Except where limited by Table 3-21, all All
new developments within the this MU-L1 and MU-
L2 districts that contain a non-residential use mix of
uses shall front on streets designated as "arterial", or
"collector", or "local collector" roadways on the
Functional Classification of Roadways Map and
shall contain a mixture of retail commercial, office
and/or residential uses, which may be arranged
either vertically or horizontally. All projects within
the MU-L3 District and proposed within the
TRANSIT CORE must contain a residential
component, and all projects proposed within the
Mixed Use-Low Intensity Districts that front on an
arterial road must have space on the first floor
devoted to commercial use.
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(5) Maximum height Height restrictions and
densities may be further limited in certain
geographic areas to further applicable
redevelopment plans and maintains compatibility
with an abutting single-family district.
c. Mixed Use-High Intensity (MU-H).
(1) The Mixed-Use High Intensity (MU-H)
district shall only be applied to lands classified as
Mixed Use-Core (MX-C) on the Future Land Use
Map.
(2) The MU-H district is appropriate for high
density/intensity development intended for the
downtown area, which is generally located east of
the FEC Railroad, including the Marina District,
and which extends out from the planned train
station by approximately three (3) to 4 blocks. Such
developments shall include a mix of uses designed
in a compact vertical style. Developments proposed
within the entire Station area must contain a
residential component and have space on the first
floor which shall be devoted to commercial uses for
those portions of the project having frontage along
Ocean Avenue or an arterial road. The MU-H
district is appropriate for developments that provide
for high density residential in addition to retail
commercial and office uses.
(3) All new developments within this district
shall front on streets designated as "arterial" or
"collector" roadways on the Functional
Classification of Roadways Map and shall contain a
mixture of retail, office and / or residential uses
arranged either vertically or horizontally. Single-
use projects fronting on streets other than “arterial”
or “collector” shall require conditional use
approval.
d.Rezoning of Single-Family Districts
. All
requests to rezone any single-family residential district to a
mixed use zoning district shall be subject to the following
additional requirements:
(1)Height, density and intensity of development
based on the roadway frontage;
(2) Ratio of lot frontage to depth that is no more
than one (1) foot (frontage) to 1.25 foot (depth);
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(3)Vehicular access to the property located to
minimize impacts on adjacent single-family
developments and meet safety standards; and
(4)Landscape barriers provided, in accordance
with the landscape regulations of this code, where
the rezoned property abuts single-family residential
zoning.
B. Use(s) Allowed.
See “Use Matrix, Table 3-28” in Chapter 3,
Article IV, Section 3.D. In addition, the following use regulations shall
apply with respect to mixed-use developments:
1. Required Frontage.
Buildings combining both residential
and nonresidential uses are required within the MU-H Zoning
District on all properties fronting on arterial roadways. The same
shall be permitted and encouraged within the Mixed Use-Low
districts.
2. Residential Uses.
Residential uses within mixed-use
structures shall not be located on the ground floor, which shall be
reserved for nonresidential uses
3.Compatibility.
Mixed-use projects containing
residential components shall include appropriate design, materials,
and site layout in order to maximize compatibility with residential
uses located on upper floors. See Chapter 4, Article III, Section
3.H for additional community design standards regarding
compatibility.
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C. Building and Site Regulations.
1. Building and Site Regulation (Table 3-21).
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:
1453, 14355, 6
HT DU FAR HT DU FAR HT DU FAR HT DU FAR
65 / 75 / 3.0/ 150/
141415
Arterial: 45 20 1.0 30/40 2.0/2.5 40 80 4.0
333,15
100 100 3.5 125
Collector: 45 20 1.0 65 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a
Local collector: 45 20 1.0 45 30/40 2.0/2.5 55 30 3.0 55 60 3.5
4
Local Street: 45 20 1.0 45 30/40 2.0/2.5 n/a n/a n/a n/a n/a n/a
11
Build-to-line (feet):
10101010
Front abutting a public right-of-way 0 0 0 0
10101010
Rear: 0 0 0 0
10101010
Interior side: 0 0 0 0
Building Setbacks, Minimum
11
(feet):
12
Rear abutting:
7 8777
Residential single family: 25/ 0 25 25 25
99
Intracoastal waterway: 25 25 0 0
12
Side abutting:
7 7, 8777
Residential single family: 25/ 0 25 25 25
Usable Open Space, Minimum
13
2%
(square feet):
1.May be reduced if frontage extends from right-of-way to right-of-way.
2.Minimum of 50 feet, if frontage is on a collector/local collector roadway.
3.For property abutting the MU-H district located west of US 1, the area of increases in height, density and FAR shall extend a distance of 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.Max. ht on any street frontage is 40 45 feet. Max. ht. 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.Max. ht. reduced to 125 feet for 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.Buildings and structures shall be located no father 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 Ch. 4, Art. III, Sect. 8. for additional regulations.
14.Projects within the Transit Core shall have minimum densities as follows: MU-1 – 11; MU-2 – 20; MU-3 – 30 and MU-H – 40 dwellings per acre
(except that minimum density for the MU-H District applies to projects located within the entire Station Area).
15.Projects within the Transit Core shall have a minimum F.A.R. as follows: MU-L3 – 1.75 and MU-H – 2.5 (except that minimum F.A.R. for the MU-H
District applies to projects to be located within the entire Station Area).
2. Minor and Major Variations to Build-to Line
Requirements.
Notwithstanding the required build-
to line requirement of Note #10 above, portions of
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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. Additional Standards.
See Chapter 4, Article III,
Section 6.H for additional standards related to urban design and
building location for properties located within the Transit Core of a
Station Area. Sky Exposure Plane.
(1) No building shall exceed the maximum height limits or the
Sky Exposure Plan except as delineated below in Section (3).
(2) All buildings abutting a public right-of-way or peripheral to
the development shall be built within the Sky Exposure Plane based on
the ratio and street classification as follows;
Zoning District Maximun height of Arterial or Collector Other Streets or
frontage wall Street peripheral
Vertical Horizontal Vertical Horizontal
Distance Distance Distance Distance
MU-H 40’ 5.7 to 1 11.4 to 1
MU-L3 40’ 4 to 1 8 to 1
MUL-2 40’ 3 to 1 6 to 1
MU-L1 35 1 to 1 2 to 1
(3) The following shall be deemed as allowable exceptions to the
maximum height limits and Sky Exposure Plane requirements:
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(a) Balcon(a) Balconies, unenclosed;
(b) Elevator or stair bulkheads, screened HVAC
equipment;
(c) Ornamental towers having no floor area in any
portion above the maximum height limit or Sky Exposure
Plane;
(d) Parapet wall, not more than five (5) feet in height.
Part III. LDR, Chapter 4, Art. III, Section 6.
Section 6. Design Standards for Development in Urban Areas.
A. General…
B.Building Location .
Standards
1. General.
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.
2. Standards.
a.
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.
b.
Within mixed-use and non-residential
developments, structures proposed along arterial roadways
shall be required to occupy the entire length of the street
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frontage, notwithstanding adjustments for cross-visibility,
and open areas devoted to public gathering or pedestrian
circulation 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.
For properties fronting on arterial and collector
roadways within the Station Area, building location and
design shall contribute to a “streetwall” of pedestrian scale,
so as to prevent any interruptions to building massing,
except in limited circumstances to promote project
functionality as determined by the Director of Planning &
Zoning. Interruptions in the streetwall shall be limited to
those necessary to accommodate pedestrian pass-throughs,
public plazas, entry forecourts, and permitted vehicular
access driveways when access is not available from a local
street.
C. Shade and Shelter Standards.
1. General.
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.
2. Standards.
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.
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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.
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.
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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.
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
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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
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.
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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.
f.Off-Street Parking for Station Area.
See
Section 6.H below for additional standards regarding off-
street parking areas located within the Station Area.
G. Sidewalks.
The following regulations shall apply to sidewalks:
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.
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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.
H. Design and Architectural Requirements for Mixed Use
(Urban) and Central Business Districts.
1. Purpose and Intent.
The purpose of this subsection is to
encourage traditional building architecture and urban design
through both standards and guidelines that are based on the
principal that a building is composed of the following three distinct
parts: the “base”; the “middle”; and the “top.” The functional and
visual values of a building are measured and achieved through
proper design of each component through human scale and
“friendliness,” appropriate traditional materials, architectural
rhythm, classical vertical proportions, appropriate “solid to void”
ratio, and uniqueness.
2. Applicability.
The standards of this subsection shall
be applicable to properties located within the Mixed Use and
Central Business Districts as defined in Chapter 1, Article II
Definitions.
3. Generally.
a.
Project design shall not be an independent
component in the downtown, but instead designed as an
integral component linking seamlessly pedestrian and
vehicular circulation with other developments, adjacent
neighborhoods, nearby amenities and infrastructure.
b.
Appropriate transitions between new and existing
buildings shall be provided.
c.
Architectural design shall incorporate multiple
architectural rhythms in the building facades, appropriate
“traditional,” “solid-void ratio,” classical vertical
proportions, and step-backs in tower components.
d.
Projects shall contribute to “placemaking” with
enhanced building corners, defining components to
building tops, and diversity in the use of materials, building
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articulation, and building colors that contribute and
accentuate the building hierarchy and different
components.
4. Building Anatomy.
Design buildings/projects based on
traditional architecture, recognizing the “Base/Middle/Top
Building Hierarchy.”
a. Base.
The “base” is the most important part of the
building design, which is that component that represents
the streetscape or “streetwall.”
(1) The base should be characterized by having
all elements enhance the pedestrian environment to
which it is exposed, with high transparency,
including windows, entries, canopies, awnings,
courtyards, and elements of pedestrian interest such
as retail stores, storefront show windows and
landscape elements.
(2) The height of the base is a factor of overall
building height and scale of the streetscape
environment. The base will vary between
approximately 30 feet and 45 feet depending on the
zoning district, overall project height and scale of
the abutting roadway.
b. Middle.
The “middle” of the building should
include the expression of the primary building uses. The
“middle” of the building shall include multiple architectural
rhythms derived through step-backs, changes in plane,
changes in materials or colors, window types, window
sizes, pairing or multiples of windows, oriel windows and
by shutters and other detailing. Typically there should be
more solid wall than window opening to maintain the
traditional character. Mirrored and/or deeply colored glass
should be avoided, as well as horizontal banding of
windows and/or a regular horizontal expression of floor
slabs.
c. Top.
The “top” of a building tower terminates the
building at the sky, and defines a skyline.
(1) Towers shall be placed to allow views
between towers and allow natural light to penetrate
the lower building levels and the street below. The
building top achieves its character through the
design of cornices, step backs, and changes in scale,
geometric elements and materials or textures.
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(2) Projects with tower elements shall be
designed to maximize separation between project
towers and between towers on abutting projects to
ensure protection of views and privacy, and
minimize the negative effects of shadowing.
5. Public Pedestrian Entrances.
The main public
entrance into a building shall be located on facades that front on
arterial and collector roadways. Vehicular driveways/openings and
curb cuts shall be relegated to local streets.
6. Off-Street Parking.
Except for on-street parking, off-
street parking areas shall not be visible from abutting arterial or
collector roadways.
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PROPOSED LDR AMENDMENTS
2.Flood Prevention Requirements –
Finished Floor Elevation and Freeboard Standards
Sec. 1.
General.
A. Short Title. This article shall hereafter be known and cited as the "City Flood
Prevention Code."
B. Purpose and Intent. It is the purpose of this article to promote the public health, safety,
and general welfare and to minimize public and private losses due to flood conditions in specific
areas.
1. Objectives. The specific objectives of this article are:
a. To protect human life and health;
b. To minimize expenditure of public money for costly flood-control projects;
c. To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
d. To minimize prolonged business interruptions;
e. To minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
f. To help maintain a stable tax base by providing for the sound use and development
of flood-prone areas in such a manner as to minimize future flood-blight areas; and,
g. To insure that potential homebuyers are notified that property is in a flood area.
2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article
includes methods and provisions that are designed to:
a. Restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
b. Require that uses vulnerable to floods, including facilities which serve such uses,
be protected against flood damage at the time of initial construction;
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c. Control the alteration of natural floodplains, stream channels and natural protective
barriers which are involved in the accommodation of flood waters;
d. Control filling, grading, dredging and other development which may increase
erosion or flood damage; and
e. Prevent or regulate the construction of flood barriers which will unnaturally divert
flood waters or which may increase flood hazards to other lands.
C. Administration.
1. Administrator. The Building Official shall have the authority to interpret and
administer this article.
2. Duties. Duties of the administrator or his designee shall include, but not be limited
to:
a. Review all development permits to assure that the permit requirements of this
article have been satisfied.
b. Advise permittee that additional federal or state permits may be required, and if
specific federal or state permits are known, require that copies of such permits be provided and
maintained on file with the development permit.
c. Notify adjacent communities and the state department of community affairs prior
to any alteration or relocation of a watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency (FEMA).
d. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is not diminished.
e. Verify and record the actual elevation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substantially improved structures, in accordance with
Chapter 2, Article IV, Section 2.
f. Verify and record the actual elevation (in relation to mean sea level) to which the
new or substantially improved structures have been flood proofed, in accordance with Chapter 2,
Article IV, Section 2.
g. In coastal high hazard areas, certification shall be obtained from a registered
professional engineer or architect that the structure is securely anchored to adequately anchored
pilings or columns in order to withstand velocity waters and hurricane wave wash.
h. In coastal high hazard areas, the administrator shall obtain certification for the
adequacy of breakaway walls in accordance with Section 3.C.8. below.
i. When flood proofing is utilized for a particular structure, the administrator shall
obtain certification from a registered professional engineer or architect.
j. Where interpretation is needed as to the exact location of the boundaries of the
areas of special flood hazard (for example, where there appears to be a conflict between a
mapped boundary and actual field conditions), the administrator shall make the necessary
interpretation. The person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Chapter 1, Article VII, Section 1.D.2.
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k. When base flood elevation data has not been provided in accordance with Section
1.D. below, the administrator shall obtain, review, and reasonably utilize any base flood
elevation data available from a federal, state, or other source, in order to administer the
provisions of Section 3 below. The finished floor elevation of all habitable space in new
construction, not located in a flood zone, shall be elevated a minimum of twelve (12) inches
above the crown of any adjacent roadway.
l. All records pertaining to the provisions of this article shall be maintained in the
Department of Development and shall be open for public inspection.
D. Applicability. This article applies to all areas of special flood hazard within the
jurisdiction of Boynton Beach, Florida. Those areas are identified by the Federal Emergency
Management Agency in its Flood Insurance Rate Map (FIRM) 120196 0001-0005, dated
September 30, 1982, and any revisions thereto are adopted by reference and declared to be a part
of this section.
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.
1. Compliance. No structure or land shall hereafter be located, extended, converted, or
structurally altered without full compliance with the terms of this article and other applicable
regulations.
2. Abrogation. This article is not intended to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this article and another conflict or
overlap, whichever imposes the more stringent restrictions shall prevail.
3. Interpretation. In the interpretation and application of this article all provisions shall
be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Conflict. Whenever the regulations and requirements of this Code conflict with any
other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most restrictive
shall apply, unless otherwise stated herein.
H. Relief from Requirements. Unless described otherwise, any deviation from the flood
prevention regulations contained herein shall require approval of variance application, which is
subject to review and approval by the Building Board of Adjustment and Appeals. A request for
a variance shall be reviewed in accordance with Chapter 2, Article IV, Section 4.
I. Warning and Disclaimer. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur. Flood heights may be increased by man-made
or natural causes. This article does not imply that land outside the areas of special flood hazard
or uses permitted within such areas will be free from flooding or flood damages. This article
shall not create liability on the part of the city, or by any officer or employee thereof for any
flood damages that result from reliance on this article or any administrative decision lawfully
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made thereunder.
Sec. 2.
City
Approval
Required.
Flood zone elevation certification shall be required for improvements in applicable flood
zones, and reviewed in accordance with the procedures set forth in Chapter 2, Article IV, Section
2 for any type of building permit application that upon its completion, would result in the
issuance of a certificate of occupancy.
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Sec. 3.
Requireme
nts.
A. Areas of Special Flood Hazard. In all areas of special flood hazard the following
provisions are required:
1. Anchors.
a. New Construction and Substantial Improvements. All new construction and
substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of
the structure.
b. Manufactured Homes. Manufactured homes shall be anchored to prevent
flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited
to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and
consistent with applicable state requirements for resisting wind forces.
2. Materials. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
3. Design.
a. All new construction or substantial improvements shall be constructed by methods
and practices that minimize flood damage.
b. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities shall be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
c. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system.
d. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the systems into flood
waters.
4. On-Site Waste Disposal Systems. On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
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5. Miscellaneous. Any alteration, repair, reconstruction or improvements to a structure
which are in compliance with the provision of this article, shall meet the requirements of "new
construction" as contained in this article.
6. Flood Elevation Data Provided. Higher Regulatory Standards/Freeboard
Requirements. In all areas of special flood hazard where base flood elevation data has been
provided as set forth in this article, the following provisions are required:
a. Residential Construction. New construction or substantial improvement of any
residential structure shall have the lowest floor, including basement, elevated to or twelve inches
above the base flood elevation. Additions and/or substantial improvements of any residential
structure shall have the lowest floor, including basement, elevated to the base flood elevation.
Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in accordance with
standards of Section 3.A.6.c. below.
b. Non-Residential Construction. New construction or substantial improvement of
any commercial, industrial, or other non-residential structure shall have the lowest floor,
including basement, elevated to the level of twelve inches above the base flood elevation.
Additions and/or substantial improvements of any commercial, industrial, or other non-
residential structure shall have the lowest floor, including basement, elevated to the base flood
elevation. Structures located in all A-zones may be flood proofed in lieu of being elevated
provided that all areas of the structure below the required elevation are watertight and with walls
substantially impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered
professional engineer or architect shall certify that the standards of this subsection are satisfied.
Such certification shall be provided as set forth in Chapter 2, Article IV, Section 2.B.
The finished floor elevation of all habitable space in new construction, not located in a flood
zone, shall be elevated a minimum of twelve (12) inches above the average crown height of the
adjacent roadway. The finished floor elevation of all habitable space in additions and/or
substantial improvements, not located in a flood zone, shall be no lower than the existing
finished floor elevation.
c. Elevated Buildings.
(1) New construction or substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation and other exterior walls below the base flood
elevation shall be designed to preclude finished living space and designed to allow for the entry
and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
Designs for complying with this requirement must either be certified by a professional engineer
or architect or meet the following minimum criteria:
(a) Provide a minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed area subject to flooding;
(b) The bottom of all openings shall be no higher than one (1) foot above
grade; and
(c) Openings may be equipped with screens, louvers, valves or other coverings
or devices provided they permit the automatic flow of floodwaters in both directions.
d. Electrical, plumbing and other utility connections are prohibited below the base
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flood elevation;
e. Access to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment used in connection with
the premises (standard exterior door) or entry to the living area (stairway or elevator); and
f. The interior portion of such enclosed area shall not be partitioned or finished into
separate rooms.
B. Floodways. The following provisions shall apply to floodways within areas of special
flood hazard established hereinbefore:
1. Prohibit encroachments including fill, new construction, substantial improvements,
and other development unless certification (with supporting technical data) by a Florida
registered engineer is provided demonstrating that encroachments shall not result in any increase
in flood levels during occurrence of the base flood discharge.
2. If Section 3.B.1. above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of this article.
3. Prohibit the placement of any manufactured homes (mobile homes) except in an
existing manufactured home (mobile home) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision provided the
anchoring standards and elevation standards outlined hereinbefore are met.
C. Coastal High Hazard Area (V Zones). Located within the areas of special flood hazard
established herein are areas designated as coastal high hazard areas. These areas have special
flood hazards associated with wave wash; therefore, the following provisions shall apply:
1. All buildings or structures shall be located landward of the reach of the mean high
tide and the Coastal Construction Line.
2. All buildings or structures shall be elevated so that the lowest supporting member
(excluding pilings or columns) is located no lower than the base flood elevation level, with all
space below the lowest supporting member open so as not to impede the flow of water. Open
lattice work or decorative screening may be permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave action.
3. All buildings or structures shall be securely anchored on pilings or columns.
4. All pilings and columns and the attached structures shall be anchored to resist
flotation, collapse, and lateral movement due to the effect of wind and water loads acting
simultaneously on all building components. The anchoring and support system shall be designed
with wind and water loading values which equal or exceed the one hundred (100)-year mean
recurrence interval (one percent (1%) annual chance flood).
5. A Florida registered engineer or architect shall certify that the design, specifications
and plans for construction are in compliance with the provisions contained in Sections 3.C.2.
through 4. above.
6. No fill shall be used as structural support. Non-compacted fill may be used around
the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out
from storm surge, (thereby rendering the building free of obstruction) prior to generating
excessive loading forces, ramping effects or wave deflection. The Department of Development
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shall review design plans for landscaping/aesthetic fill only after the applicant has provided an
analysis by an engineer, architect and/or soil scientist, which demonstrates that the following
factors have been fully considered:
a. Particle composition of fill material does not have a tendency for excessive natural
compaction;
b. Volume and distribution of fill will not cause wave deflection to adjacent
properties; and
c. Slope of fill will not cause wave run-up or ramping.
7. There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
8. Lattice work or decorative screening shall be allowed below the base flood elevation
provided they are not part of the structural support of the building and are designed so as to
breakaway, under abnormally high tides or wave action, without damage to the structural
integrity of the building on which they are to be used and provided the following design
specifications are met:
a. No solid walls shall be allowed; and
b. Material shall consist of wood or mesh screening only.
9. If aesthetic lattice works or screening are utilized, such enclosed space shall not be
used for human habitation.
10. Prior to construction, plans for any structure that will have lattice work or decorative
screening must be submitted to the development department for review.
11. Prohibit the placement of manufactured homes (mobile homes), except in an
existing manufactured home (mobile home) park or subdivision. A replacement manufactured
home may be placed on a lot in an existing manufactured home park or subdivision provided the
anchoring and elevation standards of this chapter are met.
12. Any alteration, repair, reconstruction or improvement to a structure shall not enclose
the space below the lowest floor except for lattice work or decorative screening, as provided for
in Section 3.C.8. and 9. above.
D. Areas of Shallow Flooding (AO) Zones). Located within the areas of special flood
hazard established in Section 1.F D. are areas designated as shallow flooding. These areas have
special flood hazards associated with base flood depths of one (1) to three (3) feet where a
clearly defined channel does not exist and where the path of flooding is unpredictable and
indeterminate; therefore, the following provisions apply:
1. Residential Structures. All new construction and substantial improvements of
residential structures, and services systems shall have the lowest floor, including basement,
elevated to the depth number specified on the flood insurance rate map, in feet, above the highest
adjacent grade. If no depth number is specified, the lowest floor, including basement, of new
construction shall be elevated at least two (2) feet above the highest adjacent grade or average
crown of road, whichever is higher. For additions and/or substantial improvements the lowest
floor, including basement shall be no lower than the existing finished floor elevation.
2. Non-residential Structures. All new construction and substantial improvements of
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non-residential structures shall:
a.Have the lowest floor, including basement and services systems elevated to the
depth number specified on the flood insurance rate map, in feet, above the highest
adjacent grade. If no depth number is specified, the lowest floor, including
basement, of new construction shall be elevated at least two (2) feet above the
highest adjacent grade or average crown of road, whichever is higher. For
additions and/or substantial improvements the lowest floor, including basement
shall be no lower than the existing finished floor elevation.
b.Be completely flood proofed to or above that level so that any space below that
level has watertight walls substantially impermeable to the passage of water;
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and utility and sanitary facilities
completely flood proofed.
E. Subdivision Standards. The following provisions shall apply for all subdivision
proposals:
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood hazards.
4. Base flood elevation data shall be provided for subdivision proposals and other
proposed development which contains more than fifty (50) lots or is larger than five (5) acres.
F. Small Streams. Where small streams exist, but where no base flood data has been
provided or where no floodways have been provided, the following provisions apply:
1. Encroachments. No encroachments, including fill material or structures, shall be
located within a distance of the stream bank equal to five (5) times the width of the stream at the
top of bank or twenty (20) feet on each side from top of bank, whichever is greater unless
certification by a Florida registered engineer is provided demonstrating that such encroachments
shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. Construction and Improvements. New construction or substantial improvements of
structures shall be elevated or flood proofed in accordance with elevations established in
accordance with Section 1.C.2.k. above.
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Sec. 4.
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.
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PROPOSED LDR AMENDMENTS
3. Parking requirements applicable to adaptive reuse projects
Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements
Sec. 2. Standards, A. 3. Location of Off-Street parking Areas.
b. Amend to read –
Non-residential. Required parking spaces for all non-residential uses shall
be owned by the owner of the building or lot to be served, and shall be located on the same lot,
or not more than three hundred (300) feet distance, as measured along the nearest pedestrian
walkway unless the property is located within those areas defined within the Adaptive Re-use
section of the code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may
be leased within 300 feet of the use in which they serve, subject to Board and City Commission
approval, and the property shall be posted with signage indicating to patrons the location of the
leased parking.
Part III. LDR, Ch. 4, Art. V, Sec. 2. C (Minimum Off-Street Parking Requirements)
Table 4-3. Commercial and Health Care/Office Uses
Amend footnote #2
– Indoor child play areas shall be excluded for this purpose if such areas are
designed/delineated separate from dining areas and if twenty percent (20%) or less than the gross
floor area of the restaurant. No additional parking spaces are required for outdoor seats
associated with a standalone business provided that the number of outdoor seats is twenty
percent (20%) fifty percent (50%) or less than the total number of indoor seats. Additional
parking spaces shall be required for outdoor seats in excess of this threshold. For multi-tenant
and shopping center developments, no additional parking shall be required for outdoor seating.
Part III. LDR, Ch. 4, Art. V, Sec. 3. Special Reductions in Req’d Off-Street Parking.
E.Payment in Lieu of Parking
.
The payment in lieu of parking option is applicable within the Central Business District
(hereinafter CBD) or subsequent zoning districts established to supplement or replace the CBD,
and properties, and property assembled with properties as one site, that front on that segment of
Ocean Avenue extending west from the CBD to Seacrest Boulevard and those areas described
under Section 4. “Exceptions to Providing Required Off-Street Parking”, A. “Adaptive Re-Use”,
below.
1.Applicability.
Within this these areas, at the time of any new building construction, off-
street parking spaces shall be provided as required by this article and Chapter 3, Article
III, Section 3.E.
2. Fee (Method of Assessment).
Up toten percent (10%) of the required parking for new
construction and twenty-five percent (25%) of the parking required under the Adaptive
Re-use provisions below in Section 4, as set forth in this subsection, may be satisfied in
whole or part by the payment of a nonrefundable parking improvement fee in lieu of the
provisions of the required off-street parking spaces. Parking improvement fees shall be
assessed as follows:
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The engineer for the applicant shall submit a signed and sealed cost estimate for the
construction of structured parking spaces. The estimate shall be broken down by
individual spaces, including design, land, and construction cost. If necessary, an outside
professional may be retained by the City to review the applicant’s cost estimate. The
applicant shall pay the retainer fees associated with the review of the cost estimate by the
City’s consultant. Once reviewed and accepted by the City Engineer or designee, the
parking improvement fee in the amount of 110% of the estimate shall be paid to the City
in full, prior to the issuance of the first building permit for the project.
Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust
Fund, and are subject to use by the City for parking related improvements in the
geographic areas to which this subsection applies.
3. Additional Requirements.
Whenever a payment in lieu of parking is authorized and
accepted, the following additional requirements shall apply:
a.
Any off-street parking arrangement satisfied in this manner shall run with the
land, and any subsequent change of use which requires more parking shall
require recalculation of the payment in lieu of parking fee.
b.
No refund of payment shall be made when there is a change to a use requiring
less parking.
4. Parking Trust Fund.
In addition to land acquisition and the construction of parking
spaces, the funds collected may be used to inform the public about parking resources or
transit programs, as well as to promote alternative programs intended to alleviate parking
congestion, such as the use of the City’s a trolley or shuttle system or the construction of
bicycle lane facilities.
F.Ocean Avenue Overlay Zone.
See Chapter 3, Article III, Section 8.D for specific
additional off-street parking provisions regarding the Ocean Avenue Overlay Zone.
Part III. LDR, Ch. 4, Art. V. Minimum Off-Street Parking Requirements
Section 4.Exceptions to Providing Required Off-Street Parking.
A. Adaptive Re-Use
1. Applicability
. The following described areas shall be eligible for specific parking
reductions based upon adaptive re-use, including modifications, of existing buildings:
For existing structures within the Central Business District (CBD) or subsequent
zoning districts established to supplement or replace the CBD, and any parcel or
parcels of land assembled by unity of title located within the Ocean Avenue Overlay
Zone (OAOZ), no additional parking shall be required where:
a.
Ocean Avenue Overlay Zone (OAOZ), as defined in Chapter 3, Article III,
Section 8.D.
No additional parking shall be required where:
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1.
The structure is enlarged in a manner not exceeding a cumulative total of
one hundred percent (100%) of the existing gross floor area; or
2.
The capacity of the structure is increased by adding subordinate dwelling
units, or floor area within the existing building envelop, or seats; or
3.
The use of a structure is changed.; or
4.
The number of seats for eating and drinking establishments is increased by up
to 50% of the existing total or up to 40 seats are provided where the previous
use had none.
b.
CBD andC-4 parcels fronting on Federal Highway and those located between
Federal Highway and the FEC RR right-of-way, C-2 parcels fronting on Boynton
Beach Boulevard between Seacrest Boulevard and I-95 and C-3 parcels fronting
on Boynton Beach Boulevard between Seacrest Boulevard and the FEC RR right-
of-way.
A reduction of 50% of the required parking, up to a maximum of ten (10) parking
spaces, may be granted where:
1.
The structure is enlarged in a manner not exceeding a cumulative total of one
hundred percent (100%) of the existing gross floor area; or
2.
The capacity of the structure is increased by adding subordinate dwelling
units, or floor area within the existing building envelop; or
3.
The use of a structure is changed; or
4.
The number of seats for eating and drinking establishments is increased by up
to 50% of the existing total or up to 40 seats are provided where the previous
use had none.
2. Exemptions.
The provisions of this subsection do not apply to the following uses:
a.
Multi-family residential uses and structures and Group Homes.
b.
Churches, temples and other places or worship.
c.
Theaters, auditoriums, meeting halls, and other places of assembly.
d.
Clubs, lodges and fraternal organizations.
e.
Hotels and Motels
f.
Schools and Daycare
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3.Additional Requirements/Restrictions.
The following requirements and
restrictions are applicable to all properties considered under the Adaptive Re-use
provisions above:
a.Required parking spaces may not be eliminated to accommodate building
expansions.
b.
Parking spaces that back out onto collector or arterial roadways shall be
removed as part of any site improvements utilizing these Adaptive Re-use
provisions.
c.
Required parking spaces may be leased within 300 feet of the use in which
they serve, subject to Board and City Commission approval, and the
property shall be posted with signage indicating to patrons the location of
the leased parking.
Part III. LDR, Ch. 4, Art. VI. Parking Lot, Vehicle Use Areas, and Loading Standards, Sec.
4. Community Design, D. 2
c. Amend to read
– Lease Arrangements. Lease arrangements to provide required parking
spaces shall be subject to approval by the applicable advisory board after review and
recommendation by staff. Within the areas defined in the Adaptive Re-use section of the code
(Chapter 4, Article 5, Section 4), required parking spaces may be leased within 300 feet of the
use in which they serve, subject to Board and City Commission approval, and the property shall
be posted with signage indicating to patrons the location of the leased parking.
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14. A
FUTURE AGENDA ITEMS
May 21, 2013
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RACC:
Request approval for an application being
EQUESTED CTION BY ITY OMMISSION
submitted by the Utilities Department for a Hazard Mitigation Grant Program (HMPG) grant that
requires a City match. - June 4, 2013
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
501 of 505
14. B
FUTURE AGENDA ITEMS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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 fee amendments for Building and
EQUESTED CTION BY ITY OMMISSION
Planning & Zoning services - June 4, 2013.
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
502 of 505
14. C
FUTURE AGENDA ITEMS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Special City Commission Budget Meetings,
EQUESTED CTION BY ITY OMMISSION
Monday, July 22, 2013 @ 3:00 p.m., Tuesday, July 23, 2013 @ 10:00 a.m. and Wednesday,
July 24, 2013 @ 3:00 p.m. in the Library Program Room at the City Library
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
503 of 505
14. D
FUTURE AGENDA ITEMS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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 the feasibility of constructing a dog park. -
EQUESTED CTION BY ITY OMMISSION
This item has been tabled to the Budget Workshops in July 2013
ER:
XPLANATION OF EQUEST
H?
N/A
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
N/A
ISCAL MPACT
A:
Do not discuss the feasibility of building a dog park.
LTERNATIVES
504 of 505
14. E
FUTURE AGENDA ITEMS
May 21, 2013
COBB
ITY F OYNTON EACH
AIRF
GENDA TEM EQUEST ORM
CMD:
May 21, 2013
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:
Update on Utilities CAP Fees - June 4, 2013
EQUESTED CTION BY ITY OMMISSION
ER:
XPLANATION OF EQUEST
H?
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
FI:
ISCAL MPACT
A:
LTERNATIVES
505 of 505