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Agenda 04-28-20 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday,April 28, 2020 TIME: 6:30 PM PLACE: Zoom Online Meeting IMPORTANT NOTICE: This public hearing will be conducted using means of communication media technology. If you wish to join the meeting using a computer or smart phone you only need to register prior to noon on April 28th. Register by sending an e-mail to pzmailbo bbfl.us, indicating whether you desire to speak on an item (indicate which item(s)), or if you only plan to listen to and/or view the meeting provide your name and phone number so you may be contacted if needed. The agenda, electronic link for the meeting and access instructions will be available at the City's web site within two days of the meeting. If you cannot join the meeting, written comments can be e-mailed to the above e-mail address which will be read into the record by City staff. 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Approval of Minutes 4.A. 5. Communications and Announcements: Report from Staff 6. Old Business 7. New Business 7.A. REQUEST: Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). REQUEST: Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to I PUD I nfill Planned Unit Development. 7.B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: Jarod Doros, JWD Builders. 7.C. Approve Miraflor Apartments Future Land Use Map Amendment REQUEST: from Medium Density Residential (MDR) to High Density Residential (HDR). REQUEST: Approve Miraflor Apartments Rezoning from R-3 Multi- Family Residential District to I PUD I nfill Planned Unit Development District. Page 1 of 203 7.D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. 7.E. REQUEST: Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. 8. Other 9. Comments by members 10. Adjournment The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting, the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. Notice Any person who decides to appeal any decision of the planning and development board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose 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 forty-eight (48) hours prior to the program or activity in order for the city to reasonably accommodate your request. Page 2 of 203 4.4.A. Approval of Minutes 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Minutes 02-2 -20 Meeting Minutes Page 3 of 203 MINUTES a PLANNING AND DEVELOPMENT BOARD »� INTRACOASTAL PARK CLUBHOUSE, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 25, 2020, 6:30 P.M. PRESENT: STAFF: Dr. James DeVoursney, Chair Ed Breese, Principal & Zoning Administrator Trevor Rosecrans, Vice Chair Danielle Schwabe, Assistant City Attorney Darren Allen Eleanor Krusell, Marketing Director Butch Buoni Lisa Tayar, Prototype, Inc. Tim Litsch Susan Oyer GUESTS: Chris Simon Josh Long, Planner, Gunster Law Firm Jay Sobel, Alternate Lyman Phillips, Alternate Chair DeVoursney called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call Roll was called, and it was determined a quorum was present. 3. Agenda Approval Motion made by Mr. Buoni, seconded by Mr. Rosecrans, to approve the agenda. In a voice vote, the agenda was unanimously approved (7-0). 4. Approval of Minutes —January 28, 2020 Motion made by Ms. Oyer, seconded by Mr. Litsch, to approve the January 28, 2020, minutes. In a voice vote, the minutes were unanimously approved (7-0). 5. Communications and Announcements: Report from Staff Mr. Breese gave an update on the items from the January Commission meeting: The IPUD Code Review was approved on first reading; second reading at the next meeting. Mr. Breese introduced Eleanor Krusell, from City Manager's Office to give a short presentation on the Centennial Celebration events to be held throughout the year (see attached handout). Not all of the events will occur as they are contingent on budget and volunteer force;the calendar with proposed events include: • Post Card Contest(held in January). • Centennial Logo Contest(February). Page 4 of 203 Meeting Minutes Planning and Development Board Page 2 February 25, 2020 • Postmark for mail from Boynton Beach(March), design to feature logo. • Post Card Campaign with schools, teaching children how to write postcards. • Free Beach Access on March 12 to commemorate purchase of Beach 100 years ago. • Blarney Bash(March) • "Reflection"unveiling at New City Hall Town Square (March) • Website will be updated to include videos from residents, visitors, and businesses. • Egg-Stravaganza(April). • Fire Station Opening (April 15). • Earth Date Celebration at Sarah Sims, distributing seed packets that say "Come Grow with Us in Boynton Beach" as well as 100 palm, orange trees, or native plants. • Landmarks Tours (May). • Time Capsule to include letters written by students to students 100 years in the future. • Mother's Day Tea at newly renovated Women's Club (May). • Police Station Grand Opening (June). • Free Play Day at The Links (June). • Centennial Main Event(Fourth of July), largest show in Boynton Beach history. • City Hall Grand Opening with first City Commission Meeting (July 21). • Time Capsule placed in the wall at City Hall (July 21). • Heart of Boynton Blues or Jazz Block Party and Cook-off(August). • Opening Cultural Center(September). • Local Church Dinner with Music (October). • Pirate Fest(end of October). • Hundred Turkey Give-Away (November). • Tree Lighting at Town Square and 50'h Holiday & Centennial Parade (December). • Centennial Gala at Cultural Center (December). 6. Old Business —None 7. New Business 7.A. REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LOR) and Medium Density Residential (MOR) to Local Retail Commercial (LRC). REQUEST: Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District. 7.B. Approve request for Conditional Use and Major Site Plan Modification(CODS 20- 002/MSPM 20-002) for Southland Corp Tax Dept 41039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6)pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Page 5 of 203 Meeting Minutes Planning and Development Board Page 3 February 25, 2020 Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. The presentation will be on all three items, followed by three individual motions to approve. All members of public intending to speak were sworn in. Josh Long, Certified Land Use Planner with Gunster Law Firm and a representative for 7- Eleven, gave the presentation, beginning with a summary of the facts. The site has been an active convenience store for 60 years. Proposed is a new 7-Eleven convenience store with a six-pump gas station. The developer has met with the local neighborhood association on February 19 and has received written email support from them. Aerials of surrounding businesses were shown. The FLU map amendment and rezoning amendments were shown and the property survey reviewed. The two adjacent properties (rental duplexes) have been purchased to allow room for development. The proposed site plan was reviewed, addressing the fourteen parking spaces and six pumps (smaller than existing but large enough to serve neighborhood needs). Architecture/elevations/facades were shown; current frontage has a lack of traffic patterns, no pedestrian walkways, no enclosures around dumpsters,no facade treatment, lack of landscaping. Problem situations are the very bad ingress/egress patterns; entire length of Woolbright is practically one continuous driveway; solutions were explained. Future landscaping plans include 43 shade trees and palms, 2,000 shrubs with butterfly-attracting plants, and more. Background of 7- Eleven was given, with the goal to completely change the 7-Eleven image nation-wide to be a true convenience store/neighborhood market. Before and after illustrations were given of the intersection with emphasis on SW 14'h and architectural features on all four sides. Finally, a review of technical aspects was given, noting compliance with all standards and that Staff recommends approval. Chair DeVoursney opened the floor to public comment. • David Katz, 67 Midwood Lane, Boynton Beach doesn't need another gas station; 7-Eleven shouldn't bother with gas station,just redo the store. In reference to the "30-foot taking," this is actually a right-of-way. This is an encroachment into a residential neighborhood, the landscaping would be nice, but the gas station is not needed. The Board should deny the 7.A. requests. • Paul Murray, 118 SW 8 Avenue, feels the area has long been under construction. That said, would like to know how much longer this project would take, what will be done to Fourteenth, when will it start and stop? What about addressing security and the drug issues in the area? Wonders if this is the start to the County taking property away while turning the area into a commercial neighborhood. • Tom Kane, 141 S.W. 14 Avenue, has many concerns including rezoning to a multi-use environment, putting fuel takes in a residential neighborhood, traffic flow, drug issues, inadequate sound wall, safety of children in neighborhood, concern about code enforcement of maintenance of landscaping, graffiti, trash. There are other areas already rezoned rather than making this neighborhood multi- use. Page 6 of 203 Meeting Minutes Planning and Development Board Page 4 February 25, 2020 • Michael Agnello, office complex at 115 W. Woolbright Road, adjacent to this site. (Letter handed out.) No long-term objections to rezoning of residential property abutting Seacrest; however, objects to a gas station on the corner of Woolbright and Seacrest with environmental issues such as gas odors, hazardous leaks, and trash blowing. Also would bring additional traffic. • Matthew Marziliano, 122 SW 14 Avenue, has house next to development and was at neighborhood meeting; 25 attendees were not representative of the whole area. The gas station mentioned almost as an afterthought. Concerns include volatile organic compounds, property value decline, traffic. May be a visual improvement,but not a benefit to the whole neighborhood;possible FHA mortgage problems for properties near gas station. Neighborhood does not need gas station. • Jay Sobel, full time resident, wondered how critical the gas station is to the plans of 7-Eleven for an updated store and food market. Also ingress/egress,traffic effect on residential area, hours of operation of gas pumps,traffic study, gas smells and/or spills. • Tom Kane, 141 S.W. 14 Avenue, added his concerns about hours of operation for gas station and impact on neighborhood quality of life. Chair DeVoursney closed the floor to public comment. Mr. Long addressed some of the concerns: • The "30-feet" is owned by developer and were required to be given to Palm Beach County for right-of-way and therefore consider it to be a taking. Mr. Simon asked if the right-of-way would prevent structures only, would it affect paving or parking in that space? Mr. Long said Palm Beach County would own that land and their road would operate on that space;new developments would have to give 30 feet as well, depending on County needs to expand the road (eminent domain can be used to take whatever land is needed). Only use would be a green area with very light landscaping. • Security: With new convenience stores come modern, high-tech surveillance systems which feed directly to local police departments. • Pedestrian entrance: Required by City, even though neighbors oppose it; will agree to a condition if necessary; it can be closed off and have a wall continue instead. • There is no recycled oil at this facility. • Responsibility for landscaping maintenance: 7-Eleven insists franchisees of the new stores assume responsibility for high standard maintenance inside and out. • Traffic studies were submitted as part of the application which complies with City and County standards and deemed sufficient. • Landscaping will be of a size to automatically screen adjacent property from day of installation. • Mr. Sobel asked again if the gas station is a critical element for 7-Eleven to proceed with this project. And what are the hours of gas station operation, 24/7? If so,what is the impact of the lighting on the homes? Mr. Long said the convenience store operates 24/7 as well as the gas station. Also, a lighting study was submitted, Page 7 of 203 Meeting Minutes Planning and Development Board Page 5 February 25, 2020 modern LED directional lighting will be used(zero foot-candle spillage at property line), and it complies with all lighting requirements. Shane Laakso, Creighton Development, 120 N. Federal Highway, Lakeworth, addressed the environmental concerns (vapors, etc.) and the safety measures 7-Eleven takes in the modern stores. Tank system/vent caps are vacuums and prevent vapors into the air; they operate as a safety mechanism (Mr. Laakso was unsure of what those conditions would be). The point being it is not constantly emitting; it is vapor tight lines, tanks and piping are double-walled with sensors in second containers made of fiberglass with no corrosion. Mr. Buoni asked about stormwater. Mr. Laasko said stormwater is taken care of on-site, through exfiltration trenches in the driveway and swales where possible. Brandon Wolf, Senior Real Estate Representative for 7-Eleven, spoke of environmental concerns, specifically gas stations being highly regulated. Also, customers in the existing store have asked for an opportunity for gas over several years. Mr. Rosecrans cited ordinance on gas stations being located 200 feet from the boundary of a residential zoning district;this plan looks to be only 50 feet away. Why should the Board be entertaining this option? Mr. Breese said it moves from "allowed by right" to "conditional use" if it is within that distance, and then is up to buffering and other efforts to ameliorate any of those concerns or conditions that come with a gas station. Mr. Rosecrans voiced health concerns and safeguards from vapors. Mr. Kane agreed, also concerned that the canopy being only 50-feet away would add to light and noise pollution as well as the toxic chemicals. Ms. Oyer had several issues: • Sees no need for gas; many other stations in the neighborhood. • Objects to changing Code to LRC. • Encroachment of gasoline into single-family neighborhood. • No other commercial, why adding it to this location. • Agreed that duplexes are an eyesore, and drugs are a problem. • Maybe a better alternative is to have a bigger 7-Eleven; add a corporate partner like Dunkin; make a neighborhood market. • Objects to environmental impact. • Fine with the height, 20 feet 3 inches; appropriate for neighborhood. • Board does not need to approve this as is; can easily motion to take out gas portion. • Only one handicap parking space, should be at least two. • No electric car chargers; more high-speed car charger units are needed. • Objects to majority of trees being palm trees; Mr. Breese says not subject to the ordinance as the plan does not meet the 5,000 sq. ft. minimum threshold. • Objects to other plantings, such a fire bushes and excessive palm trees; suggests sweet almonds and more shade trees. • Objects to beige, which absorbs heat rather than reflects. Page 8 of 203 Meeting Minutes Planning and Development Board Page 6 February 25, 2020 • Wonders if solar generators will be put on the flat roofs. • What about generators for when hurricanes come? Mr. Long said all new 7-Elevens come prewired for portable generators which are serviced by a vendor as needed. Mr. Litsch wondered about prior rezoning of LRC or C2 property immediately adjacent to RIA. Mr. Breese said WaWa was changed in close proximity to residential, but could not think of any that rezoned actual residential. Staff looks at this as a primary intersection within the City of areas that are going to redevelop over time. This may be the first step in that direction; typically these changes begin at corners of major intersections in urban areas. Mr. Litsch noted that the dumpster and loading platform locations are in practically in Mr. Marziliano's side yard and driveway; propane tanks are next to the wall that is supposed to keep him safe and silent. Is there any way to move the dumpsters somewhere else? Mr. Breese said this item is difficult to place on a site due to pickup by the trucks; dumpster must be 20 feet from property line and will be within an enclosure with an 8 foot tall wall at perimeter with landscaping above the wall as additional buffer. Staff had this concern on this and other properties across Fourteenth, for landscaping above and below wall to deaden sound as much as possible, and to shield light. Mr. Breese reiterated that the 30-foot taking will eventually occur all the way down to I-95; this is the way cities develop over time and is required for traffic in the area. Discussion ensued with various scenarios that could follow, of note was a comparison between this site and the RaceTrac. Mr. Buoni wondered what constitutes low intensity commercial and where does the gas station fit in along side a residential neighborhood. Mr. Breese corrected the language to local retail commercial rather than low intensity, which is C2 neighborhood zoning found such as driving down SW 23rd where some houses have been converted into doctor offices, CPAs, lawyers, etc. Mr. Buoni understands that and it does not include a 24-hour gas station. Mr. Breese said that is why buffer zones to mitigate what will inevitably happen, as it has along Federal Highway. Mr. Simon voiced mixed emotions, wondering about a study that indicates a need for a gas station in this area. Mr. Wolf said the need was expressed by customers that actually come into that specific store, not the franchisee. Southland Corporation (7- Eleven, Inc.) owns the vacant property where the parking lets out, and customers wondered if there was any way to add gas. From the real estate approach, the concept was put together with just what is already owned; when no plan could be found, the other properties were put under contract. Mr. Wolf explained their concept in depth and what resulted in the current site plan. Traffic patterns and customer requests for one-stop shopping in the morning hours was also explained. An extended discussion followed operating 24 hours, especially as a 7-Eleven company policy. Mr. Simon next wondered about future development, such as along Woolbright, and whether this was opening the door to rezoning on the east and west side of Seacrest. Mr. Breese said that Staff over the next couple of years will be doing a planning study on Woolbright Road. As to Seacrest, it has mostly multi-family zoning on both sides Page 9 of 203 Meeting Minutes Planning and Development Board Page 7 February 25, 2020 of the road. The redevelopment of the City Hall site will bring development interest in the Seacrest corridor, which could be a mix, professional/office setting, or live/work developments that have limited clientele. In due time, it will become less desirable to have residential along major thoroughfares as traffic and development increases. Mr. Simon voiced concern that the illegal activities that take place in the area take place off-site as a result of a gas-station/convenience store and that upgrading this facility would change those activities,perhaps even increase it. He wondered if there had been an EPA study that had been submitted with the application. Mr. Breese said, no, that is something that is done during the permitting process. Finally, he commented that the design is non-descript, not necessarily an upgrade, and black olive trees are a nuisance; also, it was difficult to tell if views around the perimeter are left open to prevent certain illegal activities. Ms. Oyer wondered about the required artwork in a new development. Mr. Long said they are paying into the fund. Ms. Oyer suggested perhaps a neighborhood mural project on the blank walls, taking ownership and discouraging graffiti problems. Chair DeVoursney asked if the project would be viable without the pumps. Mr. Wolf said he did not have an answer; the site has been approved internally, based on their financial models with gas; they would have to go back to corporate to produce that alternative. Chair DeVoursney said that the CRA Comprehensive Plan on Boynton Beach Boulevard does show commercial expansion one block north and one block south, so that shows what is going to come. However, if the Board does approve the change from low density residential/medium density residential to local retail commercial and the rest of this does not get approved, do that make this an open-ended project for anybody else to develop that site. Mr. Breese said that developer would have to come in with a site plan for whatever else is proposed for that site. David Katz, resident, had procedural comment: The motion should be made to approve, with a second to approve, and if someone wants to vote against, that is when the nay vote is cast; the motion should not be made to deny. Motion made by Mr. Allen, seconded by Mr. Litsch, to approve request for 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LOR) and Medium Density Residential (MOR) to Local Retail Commercial (LRC). In a roll call vote, the motion failed (3-4) with Mr. Rosecrans, Mr. Simon, Mr. Litsch, and Ms. Oyer dissenting. Motion made by Mr. Simon, seconded by Mr. Litsch, to approve request for 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single-and Two- Family Residential District to C-2 Neighborhood Commercial District. In a roll call vote, the motion failed (3-4) with Mr. Rosecrans, Mr. Simon, Mr. Litsch, and Ms. Oyer dissenting. Motion made by Ms. Oyer, seconded by Mr. Litsch, to approve request for Conditional Use and Major Site Plan Modification (CODS 20-002 / MSPM 20-002) for Southland Corp Tax Dept Page 10 of 203 Meeting Minutes Planning and Development Board Page 8 February 25, 2020 41039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6)pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). In a roll call vote, the motion failed (1-6) with Mr. Allen approving. 8. Other—None 9. Comments by Members —None 10. Adjournment Motion to adjourn was duly made and seconded. The meeting was adjourned at 8:30 p.m. Attachments: Handout Boynton Beach Centennial Celebration [Minutes prepared by M. Moore,Prototype,Inc.] Page 11 of 203 7.7.A. New Business 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: REQUEST: Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). REQUEST: Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to I PUD I nfill Planned Unit Development. EXPLANATION OF REQUEST: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, both currently under commercial future land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infill Planned Development District. Even though the proposed future land use designation of SHDR does not match the CRA Community Redevelopment Plan's recommendation for the property, it is consistent with its intent. Both SHDR and Mixed Use Low (MXL), the category recommended by the Plan, have the same maximum residential density of 20 units per acre. Moreover, the MU-1 zoning district (which corresponds with the MXL classification) allows for residential-only projects. Also, the requested FLU category and the zoning district matches the respective designations of Coastal Bay development abutting the property's eastern and southern boundaries. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. The proposed fee-simple townhome project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. The MSPM (Major Site Plan Modification)application is being processed concurrently with this application for FLU amendment and rezoning (see corresponding staff report). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No impact on programs or services FISCAL IMPACT: Increase in property tax revenue from the incoming project ALTERNATIVES: None recommended STRATEGIC PLAN: Page 12 of 203 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location I\Aap E)diibitA, Location I\Aap D Location I\Aap EXHIBIT Bl, Existing FLU D Location I\Aap EXHIBIT B2, Proposed FLU D Location I\Aap EXHIBIT Cl, Current Zoning D Location I\Aap EXHIBIT C2, Proposed Zoning Page 13 of 203 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue LUAR 20-002 REQUEST: Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), and Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. PROJECT DESCRIPTION Property Owner/ Applicant Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle /Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 14 of 203 Page 2 Madison on the Avenue LUAR 20-002 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. BACKGROUND The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in the 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Development District. The MSPM (Major Site Plan Modification) application is being processed concurrently with the application for FLU amendment and rezoning (see the staff report). REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As noted above, the subject property is located within the CRA. The CRA Community 2 Page 15 of 203 Page 3 Madison on the Avenue LUAR 20-002 Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire area. The recommendations are consistent with the vision for economic revitalization embedded in the Plan, and with its projected needs for broad categories of land uses. Occasionally, a request for reclassification of the CRA-located property does not match the Plan's recommendation, but may not be contrary to its intent. Such is the case of the request under consideration. The Plan for the Federal Highway District South shows the FLU category recommended for the property to be Mixed Use Low (MXL). Not only is the MXL category's maximum residential density of 20 units the same as the maximum density allowed in the requested SHDR district, but the zoning regulations under each zoning district would allow residential-only projects. Finally, the applicant proposed ten (10) fee-simple townhomes; therefore, the project to be supported by the subject request will contribute to the diversification of the City's housing stock. The great majority of units approved in the City in recent years are multifamily rental apartments. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. For consistency with the CRA Redevelopment Plan, see response to criterion "a" above. (The Plan is, by reference, a part of he Comprehensive Plan). The proposed FLUM amendment and rezoning would be consistent with a number of objectives and policies of the Future Land Use and Housing Elements aimed at ensuring adequate housing of all types to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing: Objective 1.11 The City shall promote the development of a variety of rental and owner- occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Moreover, a small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: 3 Page 16 of 203 Page 4 Madison on the Avenue LUAR 20-002 Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2 The City shall discourage urban sprawl by.- A. y.A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Consistency with Land Development Regulations (LDR) The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff report). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place townhomes are under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. 4 Page 17 of 203 Page 5 Madison on the Avenue LUAR 20-002 The site offers access to public transportation (Palm Tran bus routes along Seacrest Blvd and Federal Highway). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Solid Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD application submitted by the applicant found negative impact on the public school system. In order to address the school capacity deficiency generated by this proposed development at the District Elementary school level, the property owner must contribute $3,072 to the School District of Palm Beach County prior to the issuance of first building permit. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criteria "a" and "c." The proposed FLUM amendment and rezoning is consistent with the established land use pattern. The FLU category and the zoning district requested for the subject property matches the respective designations of Coastal Bay development abutting its eastern and southern boundary. On the west side, Kensington Place development is under a less intense Medium Density Residential FLU but carry the same IPUD zoning district. Both developments are fee-simple townhome communities, compatible with the project to be supported by the subject requests. 5 Page 18 of 203 Page 6 Madison on the Avenue LUAR 20-002 The neighborhood will benefit from improvement of the subject property, likely to have a positive effect on the surrounding property values. The City will benefit from addition of for-sale units to the housing stock, with its fast growing number of rental apartments. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. As stated in response to criterion 'T', there is also a benefit of adding for- sale units to the City's housing stock, with its fast growing number of rental apartments. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. 6 Page 19 of 203 Page 7 Madison on the Avenue LUAR 20-002 The City has few vacant parcels left as it is nearing buildout. Moreover, the request is consistent with the intent of the CRA Redevelopment Plan and supports improvement to the neighborhood with a project that will meet the Plan's attendant strict design standards. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\LUAR 20-002\LUAR 20-002 Madison on the Avenue Staff Report 2- 24-2019.docx 7 Page 20 of 203 Exhibit A LOCATION MAP ' t E 1 5 t3h }li` z � 1 S I u* v c I j i dr t t ttt\r £141 t�}A� Page 21 of 203 Exhibit B1 MADISON ON THE AVENUE: EXISTING FLU , / r DR W f t I S ( } , g f � t f r l st [ QQQ k 44 F. i 1 1 r k $ _ � t f 4r f . � fs } r,r � , r . } r tk �r f , � r { r 1 r .1111111111111111111 � r � , f 1 r f q \ r f Y � Y r f , t 1 t rr f I t F . A \v1�'� MDR s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre j€ LOCAL RETAIL COMMERCIAL (LRC) ������� Page 22 of 203 Exhibit B2 MADISON ON THE AVENUE: PROPOSED FLU , / r DR W r, ( I S f t f � t f r l st [ QQQ k 44 F. i 1 1 , k $ _ � t f 4r f . } , r . } r , k s �r } , � r { r } 1 r .1111111111111111111 � r � , f 1 , MD � S s � r LEGEND � } �- MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre }i?Sid SPECIAL HIGH DENSITY RESIDENTIAL(SHDR), 20 D.U./Acre �if �f 33#{}, LOCAL RETAIL COMMERCIAL (LRC) ������� Page 23 of 203 Exhibit C1 MADISON ON THE AVENUE: EXISTING ZONING a Y If �1 2t£1i} tri,ll}li ltit nS" ii£ {I it £ i Itttr i I Irl li �££ £ li li ra sr 3 £-1 iri £� 11 riri tr lel i £ s S `� yy g 1, � ,�l slli ijy+£ fi li ri l ( 1s }t li t}i t1-1 S ��It ilii tai{ i � �� ti! }fc Ili ,i,,,i Irl£rill£ i� } tri,A1 {£ riI -ti � i i ii � { ttr ill;tfil ilr i 3 t V -2 }� ! fr I S,r 7 s r i it r£I t£ r t(U{ Ulirji )i Int 1 1 ilia s r a(jl l!i i ryvrr i t r rf 4. ,�� fit,., (tl ���i' fr?r£`t ( i{ i iltll�l ii�£rll � 1 til l�i{ lr£f�;t {�li �i £�;i i{i �if Irt i{llit � tl:rrr Iri ilrr i[r ts££; SE� 23rd�Ave { sr }US k1 U'dA1�ti i��£r��� ill' 11llt 1�t � 7ltl}i'r ly�f(x�lrr 111ritr i� till£V 1 ! � sl f t ti ii i t r i asi 11 l i t 7r 1 SITE w: itt iilrt } t " Al Ir i � iri it 11dd I �� I itti-:art it i li i i 1 i!})j r 1 ,. -2 ul Ar 1�£ 1r 1i4 til kt (itl}rS}ri �i i 'ill Z �1, ���� r, ' 1 tl ( u itl{ 1 IS s 11 1rri lail rfr 1 �- �' LEGEND Sr a i t4�i r � ii {fr lrt i t it c ( i s F R3 Multi Family, 11 du/ac t: iiiJ i IViI altr(i £s ti ill tlrs(S {Bili tVi lfi t� 'iii ¢ U IPUD Infill Planned Unit Development l! it (� fir.rl Illi t� 111 i'1) 4! >iiil�J�7 1 ri(ii 4U�\t s11 i a�l }� u ipl i 7r it iiiilrriltt t1 rlttliiil iy 7`(11r�1 r Iii rllitj}jri l lf}li iJt 7 ii { � t i$}_ jr'i 5 its 1 rj �,r �j ltf S�7 Ir Iii �)13 ri I l� C2 Neighborhood Commercial 9 tis c 11 1 t ill lsllr 'i 1 Siill�)f i Ir lis li 41i li t �-�i @ ik r�lljllil�il_ii t \ £ 1� ilii {1 1 ti t{lithtii '1��1 i -•`t a� } rirr C3 Community Commercial r t� \11 trill£ ltl£( ll rlihi lilt 4S t rt Sr£ f t it rR§ i}, 1,g,1,1,0irltilr,_ ,Il'Iryh Ili}' air, ifi 1 Ili hltli`ili 11'f ir' �,s {s, s ri iri � �,�#•' Ul r lil iila�(i�f III 'r is 1�7 S i ,I 11'{i li {ill t flttll i Page 24 of 203 Exhibit C2 MADISON ON THE AVENUE: PROPOSED ZONING t � ff s s r l tlft" I fs t s i tti > 1!f l tl tsi 11t i f f i i tis f I�l�. tltrl l 1 J`t rtt� f t-` E �� 4...._� gf11 1 � it ""JAR - I) r,f1��l ttt � tjt,Iii�i ti tjr� 7 f St y�. 7 7�u �llf 1N �t� t � flti l� :r{t( i 1� i 'l( to j�tU ffl. jit t if:r 7 tiff yfll7ltfl Sft le tr liii� ff lllt tri � sjX , ■2 (,?11I 4t ttt.t uii7if i4 rltits,r hi 11, b1� fA t}liltt71 f�f'l ll�(�l}(i 1��, ti ��} 11 ?t i'.. E 23rc1AVe '' f v ��{ Sfjht �l3 ti ltlfl fi 1 tS jty �l}llftt lq f x 1�� �f: 1 f,Si4�l 4Jf 0. t i. P 41 4�ti I ill ilr i, t� r "��ll�lil ll��tta 15�11�i 7U t��tlidtll�itljttl��l �'�14t f'ifit� ISS i s 4 i (l; vl �ttr loll r i{ u,' ltytl� t t Ii ljhf�{'� t�j lit il�ti7�It;ti ft l� Vliif! It�7Slt� ,,I�1, tltt f.i\i }�7 }� ,. �PU� i �4 it t�jn lt�f f Slt�rrlt:�t7 sl ft t�i it�t�7ttt � i �S�` � d} 1 17-5 (Iitti'lf�ir�till r(�fl}-.�titISlA`,r tt tVt`;1 s, ���j }iI��t1�s � 77 ,1 Y= LEGEND vM" {fftii kl }�}l��tt1 f f� i 7¢f�l I5� tl Fyi ��t 7i jli rte s ti l f f, R3 Multi Family, 11 du/ac F Utt } tt i a ( f ' f i s 1 litsl (rttt isl z f r l{ IPUD Infill Planned Unit Development i, s lyilll� tfti t,i tl�- i{t{ ifti ll (tit{ s� i' r.. C2 Neighborhood Commercial �t 'f2 If lyf ilrt t ll li�ii a tl �77f i(ti ltt�-� i t -_� C3 Community Commercial �� }Slit 1�-1t�1 7t t f i f fS� tltltf t lilt � � � (D - �.�t}til Page 25 of 203 7.7.B. New Business 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. Applicant: J arod Doros, J W D Builders. EXPLANATION OF REQUEST: Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, is requesting approval to construct a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property, located at 404-412 SE 23rd Avenue. The subject 0.67-acre property consists of two (2) lots and is located in the Federal Highway District(South) of the Community Redevelopment Area (CRA), approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Relative to traffic, the project is estimated to generate 31 additional vehicle trips over the current uses of the properties, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. The proposed building elevations depict the top of parapet height of 26'-8", comparable with the 30 foot maximum height allowed within the City's single-family zoning districts, and compatible with the surrounding properties. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional dwelling units result in increased tax revenue. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 26 of 203 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map E)diibit A- Location Map D Drawings E)diibit B - Project Plans D Conditions of Approval E)diibit C - Conditions of Approval D Development Order Development Order Page 27 of 203 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-039 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely, Principal Planner DATE: April 16, 2020 PROJECT: Madison on the Avenue MSPM 20-004 REQUEST: Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67 acre property. PROJECT DESCRIPTION Property Owner/ Applicant: Jarod Doros & Pure Start LLC/Jarod Doros of JWD Builders, Inc. Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: 404 and 412 SE 23rd Avenue (see Exhibit "A") Existing Land Use/ Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial Proposed Land Use/ Zoning: Special High Density Residential (SHDR) / IPUD Infill Planned Unit Development Acreage: 0.67 acre Proposed Use: 10 townhomes Page 28 of 203 Page 2 Madison on the Avenue MSPM 20-004 Adjacent Uses: North: Right-of-way for SE 23rd Avenue; farther north developed multi- family rental properties, classified Local Retail Commercial and zoned C-3, Neighborhood Commercial; South: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; East: Developed Coastal Bay Colony PUD, classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; and West: Developed Kensington Place PUD, classified Medium Density Residential and zoned IPUD, Infill Planned Unit Development. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.67-acre property is located in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in a 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR), and rezoned to the IPUD Infil Planned Unit Development District. This MSPM (Major Site Plan Modification) application is being processed concurrently with the application for Future Land Use Map (FLUM) amendment and rezoning (see corresponding staff report). 2 Page 29 of 203 Page 3 Madison on the Avenue MSPM 20-004 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the net new daily trips for the project is estimated to be 31 vehicle trips, with no additional peak hour traffic impact on the roadway network, and therefore meets the Traffic Performance Standards of Palm Beach County. School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along SE 23rd Avenue. This two-way driveway is located at the west side of the property, and serves as the only point of access to the ten (10) townhome development. Sidewalks are provided along the right-of-way at a minimum of five (5) feet in width. The sidewalk is proposed to connect to walkways which lead to the front doors and porches of the dwelling units. The sidewalk is also proposed to be lined with landscaping. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for two or more bedroom units. The project proposes ten, three-bedroom units, which would require twenty (20) parking 3 Page 30 of 203 Page 4 Madison on the Avenue MSPM 20-004 spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds two (2) parking spaces to the total of twenty-two (22) required parking spaces. The site plan proposes 40 parking spaces, or an excess of eighteen (18) spaces. Each unit has a two-car garage and a two car driveway. Landscaping: The Plant List (Sheet L-2) indicates that the project would add a total of 42 trees and palm trees, 431 accent and shrub specimens, and 1,334 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Silver Buttonwood and East Palatka Holly. Palm species would include Double Christmas Palms, Triple Christmas Palms and Fishtail Palms. The applicant has chosen Coontie, Pentas and Lantana plants as butterfly attractors. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose being to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees, paver sidewalks, and front porches along the building and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The site area of the project is 0.67 acre. The ten (10) dwelling units at within two buildings, one building containing five (5) units is located along SW 23rd Avenue and the second five (5) unit building parallel to, and south of the first building. The building along SW 23rd Avenue has front porches facing the street and the private garages internal to the site. The second building has both the front doors and the private garages internal to the site. The ten residential units are three-bedroom units. Each unit also has a balcony or terrace that either faces the street or internal to the site. Building Height: The maximum building height allowed in the IPUD zoning district is 45 feet. The proposed building elevations depict the top of parapet height of 26-8", comparable with the 30 foot maximum height 4 Page 31 of 203 Page 5 Madison on the Avenue MSPM 20-004 allowed within the City's single-family zoning districts. Setbacks: The IPUD zoning district has flexible setback requirements. However, development within the Federal Highway District have a zero (0) foot build-to line. The building setbacks may be increased up to 15 feet, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along SW 23rd Avenue, the proposed building setback along the length of the building is approximately 10.5 feet. Along the eastern property line, the building along SW 23rd Avenue has a setback of 10 feet and building further south has a setback of 6.5 feet. Along the west property line, the building along SW 23rd Avenue / Golf Road has a setback of 36.8 feet while the building further south has a setback of 30.8 feet. The southerly building also has a rear setback of ten feet which includes a five foot wide landscape buffer. Amenities: As noted above, the building is setback from the western property line. Within this setback the project proposes a communal recreational space. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Design: The proposed building has a contemporary design, featuring a smooth stucco finish, a flat roof with varying roof line, aluminum railing balconies and louvered awnings, scored banding, porte cocheres, modulation of the facades, and a grey tone color palette. Lighting: The photometric plan (Sheet E-1) includes six (6) concrete poles with height of 15 feet and two (2) bollards with a height of 42 inches. The facade elevations also depict 10 wall-mounted fixtures placed at each unit entry. The project is required to use `warm white' lighting in all fixtures. See Exhibit "C" — Conditions of Approval. The on-site illumination would not "spill over" onto adjacent properties and rights- of-way as required by code. There are no spot readings in excess of the maximum allowed 5.9 foot-candles. Signage: A site sign is proposed along SW 23rd Avenue, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). 5 Page 32 of 203 Page 6 Madison on the Avenue MSPM 20-004 Sustainability: Multifamily residential development with less than 20 units must achieve a minimum of 15 sustainabilty points. The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy All air conditioners are Energy Star qualified, minimum SEER 16 2 At least 75% of hot water on premises is heated via Energy Star Certified water heaters or solar water heaters 2 Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof surface 2 Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Where provisions of shade structures are not required per code: Structures such as awnings, screens, louvers or other architectural devices shall cover a minimum of 50% of glazed openings 4 All appliances within the units will be 100% Energy Star 2 Transportation Provide four (4) over the required number of electric car charging stations 4 Total Points 18 Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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N m m aim"" <zz z aZa � m�Aw �m mn z � woZ�26 1 O wo We DO ' Z p (�N� mTO�Or o Wan C m 0 3m AWA= ° o A A o2) p Pa 46—03 EXHIBIT C Conditions of Approval Project Name: Madison on the Avenue File number: MSPM 20-004 Reference: 2nd review plans identified as a Maior Site Plan Modification a February 5, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permit provide drainage calculations that prove post- development discharge is less than pre-development. Also, provide evidence that Palm Beach County will accept discharge from this site. 2. Provide documentation indicating that the sidewalk along SE 23rd Avenue was dedicated to Palm Beach County, at time of permit issuance. FIRE Comments: 3. Revise note that states fire sprinkler are required per NFPA 1:18.2.3.4.4. This code is for dead-end fire department access. The development proposes to install fire sprinklers as an alternative to the code with approval of the Fire Marshal. 4. Provide note on the plan which references the standards used to design and install the fire sprinkler system. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 5. Park impact fees will be required at time of building permit. Page 47 of 203 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. Approval of this project is contingent upon the approval of the accompanying request for land use amendment / rezoning (LUAR 20-002). 7. On Building 2, revise the two end units to eliminate the interior hallway on the first floor and expand the outdoor entry/ patio area. 8. At time of permitting, revise photometrics plans to clearly Indicate light fixtures will provide lighting in the warm white range of 2000 to 3000k. 9. At time of permitting, revise photometrics plans to clearly Indicate proposed wall mounted light fixtures. 10. At time of sign permit, provide details of proposed monument sign and ensure a setback of a minimum of ten feet from property line. 11. The west elevation on the 1st Floor of Building 1 consists of a lot of blank wall. The portion of that facade closest to SW 23rd Avenue will be visible from the street. Provide vertical offsets or scoring keeping the same rhythm as the front of the buildings 12. Any downspouts shall be enclosed within architectural features and tied into the on-site storm drainage system. Please place a note on the Master Plan and on the building elevation sheets. 13. Please correct the labeling of Sheet A-4.0 from Elevations Building 2 to "Elevations Building 1". 14. Please correct the labeling of the tallest parapet on sheet A 4.0 to indicate 26'8". 15. Equipment placed on the walls of the buildings shall be painted to match the building color. Please place a note on the elevations indicating this requirement. 16. Please provide landscape cross-section drawings for the east, west and south landscape buffers to demonstrate the extent of buffering. The drawings may include the existing landscape material on the adjacent parcels, in order to provide a complete assessment. 17. If proposed as a for sale product, HOA/COA documents will need to be submitted and approved prior to the issuance of any permits for Page 48 of 203 Madison on the Avenue (MSPM 20-004) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT building construction. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\MSPM 20-004\_StaffReport\Exhibit C-MSPM 20-004 COA.doc Page 49 of 203 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Madison on the Avenue (MSPM 20-004) APPLICANT: Jarod Doros, JWD Builders APPLICANT'S ADDRESS: 404 SE 231 Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for approval of a Major Site Plan Modification for the construction of a multi-family development consisting ten (10) two (2)-story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: 404—412 SE 231d Avenue, Boynton Beach, FL 33435 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Madison on the Avenue\MSPM 20-004\_StaffReport\MSPM 20-004 DO.doc Page 50 of 203 7.7.C. New Business 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: REQUEST: Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). REQUEST: Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. EXPLANATION OF REQUEST: The 3.87- acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but, due to the economic downturn, the project was abandoned. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (I PUD), the district recently approved to be paired with the HDR category. The HDR/IPUD future land use and zoning allows a maximum density of 15 dwelling units per acre. The subject property is currently under the Medium Density Residential (MEDR) classification and R-3 zoning, with maximum density capped at 11 dwelling units per acre. Its neighbor to the south, the Pine Point Community, carries the same designations. The proposed I PUD district is a residential-only, multi-family zoning district, as is R-3. Arguably, the difference between 11 and 15 units per acre can be considered of no major significance in terms of potential negative impacts, and the project is designed to minimize such impacts (see corresponding staff report). Clearly, no incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. The proposed master plan/site plan for the property is being processed concurrently. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on City programs or services FISCAL IMPACT: Increase in future property tax revenues Page 51 of 203 ALTERNATIVES: No alternatives recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location I\Aap E)diibitA, Location I\Aap D Exhibit ExIiibit E1. Existing FLU D Exhibit EXHIBIT B2, Proposed FLU D Exhibit EXHIBIT C1, Current Zoning D Exhibit EXHIBIT C2, Proposed Zoning Page 52 of 203 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-008 STAFF REPORT To: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THROUGH: Ed Breese Planning and Zoning Administrator DATE: March 23, 2020 PROJECT: Miraflor Apartments LUAR 19-005 REQUEST: Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR), and rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. PROJECT DESCRIPTION Property Owner/Applicant Randall K. Rush, Managing Member, Seacrest Properties, LLC Agent: Christi Tuttle/ Bradley Miller, ACIP/ Miller Land Planning Inc. Location: West side of North Seacrest Boulevard, immediately south of Palm Beach Memorial Park cemetery (see Location Map - Exhibit "A"). Parcel Size: 3.87 acres (168,650 square feet) Existing Land Use: Medium Density Residential (MDR) Existing Zoning: R-3 Multi-Family Residential Proposed Land Use: High Density Residential (HDR, 15 dweeling units per acre) Proposed Zoning: Infill Planned Unit Development (IPUD) Page 53 of 203 Page 2 LUAR 19-005 Miraflor Apartments Proposed Use: 58 multifamily units Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-Family (RM); South: Townhomes (Pine Point Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1); farther to the east / northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi-family (RM). West: Right-of-way of Interstate-95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single-Family (RS). BACKGROUND The 3.87 acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plan was abandoned and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, after its annexation to the City. However, as the approval coincided with the onset of "Great Recession," the project was never built. Since then, the owners found it challenging to find a physically and economically feasible use for the property, given its layout and the steadily rising land and construction prices. Two actions undertaken by the City have increased the development potential of the property. The proposed High Density Residential (HDR) future land use is the "new" HDR established following the recommendations of the 2016 CRA Community Redevelopment Plan. It allows for a maximum 15 units per acre, a mid-point density between 11 units per acre of the Medium Density Residential (current FLU classification of the parcel) and 20 units per acre of the Special High Density Residential FLU. The latter density would not be appropriate for the subject property given the adjacent development patterns. The City is also proposing an amendment to the Land Page 54 of 203 Page 3 LUAR 19-005 Miraflor Apartments Development Regulations, pairing the Infill Planned Unit Development (IPUD) zoning designation with the HDR future land use classification. The applicant is requesting that the future land use of the property be amended to High Density Residential, and its zoning changed to IPUD. The proposed master plan/site plan for the property is being processed concurrently. Review Based on Criteria The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The City has a shortage of rental apartments in mid- and low-mid price points. If approved, the project would add to the housing inventory in this much needed price range. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. There is no redevelopment plan for the area, but the proposed FLUM amendment and rezoning would be consistent with objectives and policies of the Future Land Use and Housing Elements of the Comprehensive Plan aimed at ensuring adequate housing provision to households of all income levels. The overall goal of the Housing Element is "to provide decent, safe, and sanitary housing in suitable neighborhood environments at a range of costs and variety of types necessary to meet the needs of present and future residents of the City. Likewise, policies under Objective 1.11 of the Future Land Use commit the City to the active promotion of housing attainable to all residents: Objective 1.11 The City shall promote the development of a variety of rental and owner-occupied, single- and multi-family housing for a broad range of income groups, diverse cultures and for groups with special needs, and strive to protect residential environments by preventing or minimizing land use conflicts. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Page 55 of 203 Page 4 LUAR 19-005 Miraflor Apartments Moreover, the small infill project under consideration is clearly aligned with the intent of the Future Land Use Element's anti-sprawl objective and policies: Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2 The City shall discourage urban sprawl by.- A. y.A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. The master plan/site plan for the property and its consistency with the Land Development Regulations is being reviewed concurrently (see the corresponding staff report). c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. Arguably, this request, if approved, would not create an isolated zoning district unrelated and incompatible with adjacent and nearby districts. The IPUD district was created as an infill district to suit development opportunities similar to one presented by the property under consideration. It is a residential-only, multi-family zoning district, as is the R-3 designation of the Pine Point community directly south of the property. No incompatibility issues would arise north (the cemetary) and west (interstate 95) of the property, and the Seacrest right-of way limits the impact of the development on the single-family zoned neighborhood to the east. Finally, the project would be designed to minimize any negative impacts on the Pine Point community. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. Page 56 of 203 Page 5 LUAR 19-005 Miraflor Apartments In 2019, the City passed Sustainable Development Standards ordinance, requiring all projects to incorporate specific required design features (i.e., white roof, outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. See the corresponding master plan/site plan staff report for details. The site offers access to public transportation (Palm Tran bus Rt. 70 on Seacrest Blvd.). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant concluded that there will be no negative impacts on the public school system. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criteria "a", "b," "c," and the narrative in the Background section of this report. The proposed reclassification and rezoning in support of the multifamily residential project is reasonably compatible with the current (and future) use of the surrounding properties. The difference between 11 and 15 units per acre (maximum density of the property's current R-3 zoning versus maximum density allowed in the Page 57 of 203 Page 6 LUAR 19-005 Miraflor Apartments requested HDR/IPUD future land use and zoning) can arguably be considered of no major significance in terms of potential negative impacts. As already stated in response to criterion "c," the project would be designed to minimize such impacts on the Pine Point community. Importantly, the project supported by the proposed FLUM amendment and rezoning will contribute to alleviation of shortage of mid-priced rental housing. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would.- (1) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning supports a residential project, the main economic development benefit of this action would be the project's contribution to the City's tax base. There is also a benefit of contributing to the stock of moderately-priced rental housing, important for attracting new businesses to the City. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The request applies to a residentially-designated property and therefore would not reduce the amount of land available for commercial/industrial development. Page 58 of 203 Page 7 LUAR 19-005 Miraflor Apartments h. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply to the subject case, as it is not a project looking for suitable site. The applicant/owner acquired the property in 2007 and made several attempts to find the best use for it ever since. L Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/ site plan review, see the corresponding staff report. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\MiraflorApartments 2019\LUAR 19-005\LUAR 19-005 MiraflorApartments.doc Page 59 of 203 Exhibit A LOCATION MAP ' l f r 22?4 } 1 � J 7 Mentone Rd SEW i N y r f t „f r i x Y F j�}1i�' ��!; -- s � 1' ��{�{{ „iI€�P�J rt c,,ti, 1r1'-_ t}{ `• s, ! � �� . i' f 1 i��, C�� � � iA�� {nr a��� ff�, ! 1'S� fl � �}s� sus I �EU;s•S ��}�� f��� ���3� � r rkf r. k v r'l {•` ��f�� { Sri t �� � r"„k }�i � e� I Legend 0111111111 City Boundary 0 45 90 180 270 Exhibit B1 MIRAFLOR APARTMENTS: EXISTING FUTURE LAND USE Palm Beach Memorial Park SITE oil Mentone-Rd Existing FLU: MDR Ltd MD CountrysLn -> L R C Z L u Cal Pine-Point-Dr--CO d Z C- C =� O _ N-Palm ®Dr 2 —Bayview-Ave-- Legend —Ba iewAveLegend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre 011MIl CITY BOUNDARY 0 25 50 100 150 200 RdER03 Exhibit B2 MIRAFLOR APARTMENTS: PROPOSED FUTURE LAND USE Palm Beach Memorial Park f all 1111 i iMenton-e--Rd- C Z OC Country=Ln— i > m IW y y, i fl u C Pine-Point-Dr--w i, f O' v Z N-Palm-Dr � d �- Bayview Ave-- Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR),15 D.U./Acre 0 25 50 100 150 200 011011 CITY BOUNDARY RdER03 Exhibit C1 MIRAFLOR APARTMENTS: EXISTING ZONING Palm Beach Memorial Park ca � o Country n C .> Z H i Pine Point Dr � Z N-Palm__Dr Bayview Ave Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac 011MIl CITY BOUNDARY o zs so goo iso zoo nas"F�dER03 Exhibit C2 MIRAFLOR APARTMENTS: PROPOSED ZONING Palm Beach Memorial Park All Mentone-Rd }' > C Z L Pine Point Dr � � Z .� f O Bayview Ave -- low Legend R1 Single Family, 7.5 du/ac R3 Multi Family, 11 du/ac IPUD Infill Planned Unit Development 0 2550 100 150 zoo F�dER03 11 CITY BOUNDARY 7.7.D. New Business 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to I PUD. Randall K. Rush of Seacrest Properties, LLC. EXPLANATION OF REQUEST: In 2007 the original Miraflor project received site plan approval, comprised of 40 townhomes and related site amenities. The project was never constructed and subsequently lost its approval status under the site plan expiration provisions of the City's Land Development Regulations. Since the 2007 site plan approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. The current proposal changes the Miraflor project from a 40-unit townhome development to a 58-unit rental project within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. To achieve the increase in units and higher density, this request is co-joined with a concurrent request to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (I PUD) (LUAR 19-005). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed I PUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: No alternative is recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 65 of 203 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report KASPKA 19-008 D Location Map ExIiibit A- Location Map D Exhibit ExIiibit B - Survey D Exhibit ExIiibit B - Master/Site Plan D Exhibit ExIiibit B - Civil Plans D Exhibit ExIiibit B - Floor Plans D Exhibit ExIiibit B - Building Elevations D Exhibit ExIiibit B - Color Elevation 1 D Exhibit ExIiibit B - Color Elevation 2 D Exhibit ExIiibit B - Color Elevation 3 D Exhibit ExIiibit B - Color Elevation 4 D Exhibit ExIiibit B - Landscapel Plan D Exhibit ExIiibit B - Landscape2 Plan D Exhibit ExIiibit B - Photometric Plan D Conditions of Approval ExIiibit C - Conditions of Approval D Development Order Development Order Page 66 of 203 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-040 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Kathleen Hatcher, Senior Planner DATE: April 16, 2020 PROJECT: Miraflor Apartments (MSPM 19-008) REQUEST: Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. PROJECT DESCRIPTION Property Owner: Seacrest Properties, LLC Applicant: Randall K. Rush of Seacrest Properties, LLC Agent: Christi Tuttle / Bradley Miller AICP, Miller Land Planning, Inc. Location: West side of North Seacrest Blvd. across from Mentone Road (see Location Map - Exhibit "A") Existing Land Use: MDR Medium Density Residential (11 du/ac) Existing Zoning: R-3 Multifamily Residential Proposed Land Use: HDR High Density Residential (15 du/ac) Proposed Zoning: IPUD Infill Planned Unit Development Proposed Use: 58 Rental Apartments Acreage: 3.87 acres (168,650 square feet) Page 67 of 203 Page 2 Miraflor Apartments MSPM 19-008 Adjacent Uses: North: Cemetery (Palm Beach Memorial Park) in unincorporated Palm Beach County classified Institutional (INST) and zoned Residential, Multi-family (RM); South: Townhomes (Pine Pointe Villas Condo) classified Medium Density Residential (MDR) and zoned Multi-family Residential (R-3); East: Right-of-way for North Seacrest Blvd, and farther to the east / southeast, single-family residential homes (Rolling Green Ridge subdivision) classified Low Density Residential (LDR 7.5 du/ac) and zoned Single-Family Residential (R-1), and farther to the east /northeast, single-family residential homes (San Castle subdivision) in unincorporated Palm Beach County classified Medium Density Residential (MR-5) and zoned Residential, Multi- family (RM); West: Right-of-way of Interstate 95, and farther west, single-family residential homes in unincorporated Palm Beach County classified Low Residential (LR-2) and zoned Residential, Single- Family (RS). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007 and Ordinance No. 05-004. BACKGROUND Site: As shown on the survey submitted, the subject property is a 3.87-acre irregularly-shaped parcel located on the west side of North Seacrest Boulevard, approximately one-half mile south of Hypoluxo Road, with 161 feet of lot frontage on North Seacrest Boulevard, and 857 feet of lot depth. Located between Pine Point Villas (in the City) and Palm Beach Memorial Park Cemetery (in the unincorporated County), the subject parcel was originally part of the Palm Beach Memorial Park Cemetery, and slated as a future expansion area of the cemetery. In 2007, the subject parcel was subdivided from the cemetery and annexed into the City, along with approvals for a 40-unit townhome development (ANEX 06-009, LUAR 06-022, NWSP 06-027). The applicant at that time 2 Page 68 of 203 Page 3 Miraflor Apartments MSPM 19-008 submitted a notarized Affidavit which stated that the subject property "has never been used for burial sites, had never contracted to sell plots for burial, nor used for crematory purposes". Even though approved on January 16, 2007, the previous Miraflor project was not constructed and the site plan approval expired. Since the 2007 approval, the owners have found it challenging to find a physically and economically feasible use for the property, given its challenging configuration and the steadily rising land and construction prices. Proposal: A major site plan modification approval for the proposed Miraflor Apartments project is requested by the applicant. As indicated on the Master/Site plan submitted (see Exhibit "B" — Plans), the project consists of a total of 58 dwelling units within five (5) apartment buildings, with each building containing 10 to 13 apartment units ranging from 1,000 square feet in size for each two-bedroom apartment, and 1,100 square feet for each three-bedroom apartment. Each dwelling unit will have two bathrooms. The project plans include construction in one (1) phase. Accompanying this request for a major site plan modification approval is a concurrent request (LUAR 19-005) to amend the Future Land Use Map of the Comprehensive Plan to classify the subject property as High Density Residential (HDR) and to rezone the property to Infill Planned Unit Development (IPUD). Approval of the requested site plan is contingent upon approval of the concurrent requests for land use amendment and rezoning of the subject property. Multi-family residential (apartments) is a permitted use in the proposed IPUD zoning district. The maximum density allowed by the proposed High Density Residential (HDR) land use classification is 15 dwelling units per acre, which would allow the developer a maximum of 58 units based on a 3.87-acre site. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. Based on the traffic statement submitted and the County review, the project as proposed would potentially generate 316 new daily trips, with 21 peak hour trips in the AM and 26 peak hour trips in the PM. No permits can be issued after the build-out date of December 31, 2023. 3 Page 69 of 203 Page 4 Miraflor Apartments MSPM 19-008 School: The School District of Palm Beach County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will not have a significant impact on school capacity. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of ingress/egress is proposed for the project along North Seacrest Boulevard. This two-way driveway serves as the only point of access to the proposed apartment buildings. An emergency access point is proposed on the site plan near the westernmost parking lot and is subject to consent by the adjacent property owner to the north. Sidewalks are provided from North Seacrest Boulevard throughout the proposed development at a minimum of five (5)feet in width. The sidewalks provide required pedestrian connectivity from parking lots to front doors or stairwells and to residential amenity areas. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for each two (2) or three (3) bedroom apartment. The project proposes 25 two-bedroom units and 33 three-bedroom units, which would require a total of 116 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds nine (9) parking spaces for a total minimum of 125 required parking spaces. The site plan proposes 142 parking spaces, including five (5) handicap spaces and six (6) electric vehicle charging stations, with an excess of 17 parking spaces over the minimum requirement. 4 Page 70 of 203 Page 5 Miraflor Apartments MSPM 19-008 Building Height: In the IPUD zoning district the maximum building height allowed is 45 feet. To be more compatible with the one-story adjacent development to the south (Pine Pointe Villas), each proposed three- story apartment building has end units of two-stories in height. All proposed buildings comply with the IPUD height requirements of the Land Development Regulations, with the mean roof height of the three (3)-story portion being at 35 feet (10 feet less than the maximum of 45 feet allowed), and the mean roof height of the two (2)-story end units being approximately 25 feet. Setbacks: Flexible setbacks are allowed in the IPUD zoning district however they are required to mirror adjacent development (which is 25 feet). Proposed building setbacks have been increased along the south property line adjacent to Pine Pointe Villas, ranging from 53 feet to 65 feet, more than double the setback of adjacent development. Amenities: Usable open space of 200 square feet per unit is required to be provided in the IPUD zoning district, and the site plan exceeds this requirement by 720 square feet. The site plan proposes two (2) usable open space areas for residents and their guests. These amenity areas include recreational open green areas, a tot-lot, benches, trash cans, BBQ grills, and a pavilion for a community meeting area. In other areas on site there are also three (3) covered bike racks, a mail kiosk, and additional benches proposed. An easement for a possible future Palm Tran bus stop is also proposed adjacent to the North Seacrest Boulevard right-of-way. Design: The proposed buildings have a Key West design featuring smooth and lapped stucco walls with a pastel color palette. Horizontal and vertical articulation is maximized by varying roof lines and building off-sets. Impact windows and doors are proposed, and decorative features include aluminum awnings and balcony railings. Sustainable elements are proposed throughout the development including paving and roofing materials with a preferred solar reflective index; light building colors to reflect heat and reduce cooling costs; awnings to minimize glare; energy efficient lighting and air conditioning; and electric car charging stations. Landscaping: A variety of plant species is proposed including trees, palm trees, accent and shrubs, and groundcover plants. All plant materials to be used in the landscape design are required to be Florida friendly, number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. 5 Page 71 of 203 Page 6 Miraflor Apartments MSPM 19-008 The proposed tree species would include the following: Red Maple, Gumbo Limbo, Orange Geiger, East Palatka Holly, Southern Magnolia, Southern Live Oak, Bald Cypress, and Florida Royal Palms. A total of 78 buffer trees are required, and 113 buffer trees are provided. Each proposed apartment building has foundation landscaping consisting of trees and shrubs surrounding each side. Parking areas also include landscape islands, and tree shaded areas are proposed in the usable open space areas that include a tot lot and BBQ area. A total of five percent (5%) of shrubs and groundcover are required to be butterfly attracting. Proposed butterfly garden plants include Butterfly Bush, Native Porter, Butterfly Milkweed, Dwarf Evergreen Day Lily, Pink Muhly, and Purple Pentas, and range from 5.6% of shrubs and 6.3% of groundcover plants proposed. Lighting: The design, style, and illumination level is compatible with the building design (height) and considers safety, function, and aesthetic value. Photometric plans include 16 aluminum light poles with a maximum height of 18 feet. There are no spot readings in excess of the maximum of 5.9, with an average reading of 0.02 at the property lines. As required, the on-site illumination would be directed down and not "spill over" onto adjacent properties and rights-of-way. Signage: A site sign is proposed along North Seacrest Boulevard, setback a minimum of ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Sustainability: Planned Unit residential development with more than 50 units must achieve a minimum of 25 sustainabilty points. The development proposes to satisfy this requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy -Paving material with Solar Reflective Index SRI of 29 4 All air conditioners are Energy Star qualified, minimum SEER 16 2 Roofing material that has a SRI > 75 for low sloped roofs for a minimum of 75% of the roof surface 2 White or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs 2 Shade structures such as awnings, screens, louvers over windows/doors to minimize glare, solar heat gain 6 6 Page 72 of 203 Page 7 Miraflor Apartments MSPM 19-008 Energy efficient lighting such as LED for building interiors for 100% of proposed lighting 1 Transportation A total of 6 electric car charging stations (4 more than the minimum required number) 4 Urban Nature Only native or Florida Friendly plant species 4 Total Points 25 Based on the elements above, the criteria for sustainable development will be met for the proposed development. Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. 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P �mgm EYr.> a0 M a i zm em8 Sfrg b } " - nu : •W9 tl K�• SN e� p`g�R =z s 8 i Aa 1 1.1 H as off{01-0202—90 Wx. 531—01113311013 1111 0 N Vu?N6 r;i�U N� �Q oO ®w r_nuyo o-��¢ �e -✓. 0 3 � w r #L = _ a c r � l a 5 r� e i e ; e za C1 .s S k ' v 2 s{ x s Pg off{0L-0302 M3 90— S—V 01113311013 1-011 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: Miraflor Apartments File number: MSPM 19-008 Reference: 31d review plans identified as a Maior Site Plan Modification with a February 11, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. An approved addressing plan is required prior to Site Plan Approval. No permits shall be issued for construction of this project until the applicant submits the required addressing plan and it is approved by the City's addressing committee. 2. The existing sound wall on Interstate 95 does not extend the full length of the west property line of the subject property. Engineering recommends extending the FDOT sound wall to the limits of the north property line, either at the developer's expense or by petitioning FDOT to install the sound wall. FIRE Comments: None, all previous comments addressed at DART Meeting. POLICE Comments: None, all previous comments addressed at DART Meeting. BUILDING DIVISION 3. The Fair Housing Guidelines shall be required for this project. 4. The front entry to all ground floor units shall show a threshold of 1.5 feet. 5. All other previous comments shall be addressed at time of permitting. PARKS AND RECREATION Comments: None Page 120 of 203 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004, and an affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 7. Approval of this project is contingent upon the approval of the accompanying request for land use amendment/rezoning (LUAR 19- 005). If the LUAR request is not approved, the site plan will be required to be revised prior to permitting to comply with the maximum density of 11 dwelling units per acre allowed in the current R-3 zoning district. 8. A Master Plan and Site Plan is required for an IPUD. If the project will be developed in one phase the site plan may be labeled as Master Plan/Site Plan. At time of permitting, update the title block and drawing index on cover sheet accordingly. 9. At time of permitting, submit a plan which delineates the limits of the cemetery graves (including any unmarked graves) and provide a signed and sealed statement from the project engineer that the proposed development including the required infrastructure improvements will not impact the existing graves, including measures to be taken to protect them from impacts of construction. 10. The subject site is located along a Palm Tran bus route and a proposed bus stop is labeled on the site plan along Seacrest Boulevard within the Palm Tran easement. Staff recommends installing an upgraded bus shelter. Coordinate the design with Palm Tran. At time of permitting provide an elevation and detail of the proposed upgraded bus shelter on the plans. 11. At time of permitting, revise plans to include a detail of the proposed private lift station with an opaque enclosure at the entrance to the apartment development. Include colors and materials of enclosure and include an opaque fencing and gate to screen. 12. At time of permitting, revise plans to include details of all proposed signage on site (monument sign and unit signs), including dimensions, square footage, font, colors, and materials. The Page 121 of 203 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT monument sign structure must be located at least 10 feet from property lines and shall not be internally illuminated. 13. At time of permitting further revise elevations to enhance facades for buildings that are directly visible from abutting roadways and adjacent development by adding a decorative medallion on lapped stucco walls (Buildings 1 and 3 south elevations; Building 4 east elevation; and Building 5 north and south elevations). 14. At time of permitting revise plans to include fence and gate details that comply with the requirements of Ch. 4, Art. III. Sec. 10.A. of the LDR. 15. At time of permitting, revise photometrics plans to clearly Indicate light fixtures will provide lighting in the warm white range of 2000 to 3000k. 16. At time of permitting revise photometrics plans to provide wall mounted lighting at building and apartment entries, including details of lighting fixtures and revised spot readings. 17. Revise plant list to include the following requirements: a minimum 4- inch tree caliper for all required trees (except for signature trees); a minimum of 6 different canopy tree species, clusters of 3 Sabal Palms count as one (1) canopy tree; shrubs to be a minimum of 24" in height and spread. 18. At time of permitting, revise landscape plan to comply with FPL Right Tree/Right Place requirements for all trees located in or adjacent to utility easements. 19. At time of permitting revise landscape plan to provide on all large landscape islands a large canopy tree, not palms, and to provide required City signature trees on each side of entrance drive. 20. The foundation trees required around each apartment building are required to be installed at one-half the height of the building. Indicate foundation landscaping (trees and shrubs) on landscape plan and note on plant list the number of trees that comply with this requirement. Update typical building landscape plans and plant lists accordingly, and provide a detailed building elevation or rendering with the landscaping depicted at time of planting. 21. An irrigation plan is required to be submitted and approved prior to the issuance of a permit for this project. Revise landscape plan to note proposed method of irrigation and location of well if proposed. Page 122 of 203 Miraflor Apartments (MSPM 19-008) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/ COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\Miraflor Apartments\MSPM 19-008\Exhibit C-Conditions of Approval.doc Page 123 of 203 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Miraflor Apartments (MSPM 19-008) APPLICANT: Randall K. Rush, Seacrest Properties, LLC APPLICANT'S ADDRESS: 57420 County Road 3, Elkhart, IN 46517 DATES OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2020 APPROVAL SOUGHT: Request for Major Site Plan modification approval to construct multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres zoned IPUD. LOCATION OF PROPERTY: West side of North Seacrest Blvd. across from Mentone Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Miraflor Apartments 2019\MSPM19-008\DO.doc Page 124 of 203 7.7.E. New Business 4/28/2020 _ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PLANNING AND DEVELOPMENT MEETING DATE: 4/28/2020 REQUESTED ACTION BY PLANNING AND DEVELOPMENT BOARD: REQUEST. Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. EXPLANATION OF REQUEST: In 2002, the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub-Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. 1 n accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan should take place in July, though, due to unforseen circumstances, some delay is possible. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Updates to programs per the Plan FISCAL IMPACT: Updates to Cl plan as described ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 125 of 203 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Water Supply Plan update staff report D Exhibit EXHIBITA, Water Supply Plan update Page 126 of 203 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-012 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Ed Breese Planning and Zoning Administrator DATE: April 17, 2020 PROJECT NAME/NO: Comprehensive Plan Text Amendments: 10-Year Water Supply Facilities Work Plan Update (CPTA 20-012) REQUEST: Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. PROCEDURE All amendments to adopted Comprehensive Plan policies are considered text amendments, subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes, adopted by the 2011 legislation. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), currently the state land planning agency, prior to final adoption by the City Commission. Within the DEO, the program is administered by the Division of Community Planning and Development. The final adoption of the proposed amendments is tentatively scheduled for July 2020. UPDATE OF THE 10-YEAR WATER SUPPLY FACILITIES WORK PLAN Background In 2002, the State Legislature expanded the comprehensive plan requirements to strengthen coordination of water supply planning and local land use planning. The most significant requirement was that each local government had to adopt a local 10-Year Water Supply Facilities Work Plan (the Work Plan) into its Comprehensive Plan. These Page 127 of 203 local 10-year plans are required to be based on the latest relevant Regional Water Supply Plan. In the City of Boynton Beach's case, the regional plan is the Lower East Coast (LEC) Water Supply Plan, prepared by the South Florida Water Management District. The first City's Work Plan was completed and incorporated into the Potable Water Sub- Element of the Utilities Element of the Comprehensive Plan in 2008; the Plan was subsequently updated in 2015. As per 163.3177, Florida Statutes, the local governments must update their 10-year plans within 18 months after regional water management districts approve an updated regional water supply plan. The Governing Board of the South Florida Water Management district approved the 2018 LEC Water Supply Plan Update on January 11, 2019. In accordance with the state regulations cited above, the adoption of the update to the City's Water Supply Plan should take place in July, though, due to unforseen circumstances, some delay is possible. The Update The City hired CDM Smith Inc. (the Consultant) to provide the professional engineering services to review and update the Work Plan and ensure its consistency with the 2019 Lower East Coast (LEC) Water Supply Plan Update. The Consultant's task was to identify and document the utility's existing water supply facilities for which the City is responsible: wells, facilities used to withdraw water from its source, transmission facilities, treatment facilities, storage facilities, the major transmission mains (12-inch diameter and larger) and the locations and sizes of interconnections with other utilities. The Consultant used population projections to estimate future demands and identify any areas of capital expansion required to meet the projected demands over the planning period. Specifically, the Plan had the following objectives: • Identify population and water demands of the City for the planning period of 2020 to 2040; • Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. • Identify sources of raw water needed for potable water supply to meet demands through the year 2040. • Identify additional potable and/or reclaimed water supply initiatives • Describe the conservation practices and regulations utilized by the City to meet water supply demand. Expanding the potable water demand during the period under consideration are several communities added to the City's service area. They include the Town of Hypoluxo and Page 128 of 203 three (3) mobile home parks: Tropical Breese, Parry Village and Royal Manor. According to the projections incorporated into the LEC Water Supply Plan Update, the population of the service area will grow from 113,090 in the year 2020 to 134,809 in 2040. The Plan provides a list of projects included in the City's Capital Improvements Program (CIP) that will be implemented during the next five (5) years to meet the growing demand. The projects will improve existing infrastructure to enhance the system's efficiency, contribute to the diversification of the City's sources of water, and reduce dependency on the surficial aquifer. RECOMMENDATION The proposed text amendments would update the 10-Year Water Supply Facilities Work Plan—a part of the Utilities Element of the City's Comprehensive Plan—in compliance with regulations of Chapter 163.3177, Florida Statutes. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the Division of Community Planning and Development of the Florida Department of Economic Opportunity for their review and comment. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\Water Plan Update amendments 2015\CPTA 20-001 10-Year Water Facility Plan staff report.docx Page 129 of 203 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE FINAL REPORT ...................................................................................................................................................................................................................................................................................................... City of Boynton Beach Prepared by: CDM Smith 621 NW 53 rd Street Suite 265 Boca Raton, Florida 33487 March 2020 CDM ift, S- mI;th Page 130 of 203 Table of Contents Section1 Introduction ..................................................................................................... 1-1 Section 2 Background Information...................................................................................2-1 2.1 Overview......................................................................................................................................................................2-1 2.2 Regional Issues..........................................................................................................................................................2-1 Section 3 Existing Water Supply Facilities ........................................................................3-1 3.1 Service Area Boundaries........................................................................................................................................3-1 3.1.1 Potable Service Area Boundary............................................................................................................3-1 3.1.2 Reclaimed Water Service Area Boundary........................................................................................3-1 3.1.3 Self-Supplied Systems...............................................................................................................................3-1 3.2 Water Supply Sources.............................................................................................................................................3-4 3.2.1 Surficial Aquifer System Wellfields.....................................................................................................3-4 3.2.2 Aquifer Storage and Recovery...............................................................................................................3-4 3.2.3 Floridan Aquifer System Wells..............................................................................................................3-4 3.2.4 Reclaimed Water.........................................................................................................................................3-6 3.2.5 Bulk User Agreements..............................................................................................................................3-6 3.3 Water Treatment Facilities...................................................................................................................................3-6 3.3.1 East Water Treatment Plant...................................................................................................................3-6 3.3.2 West Water Treatment Plant.................................................................................................................3-8 3.4 Water Storage.............................................................................................................................................................3-8 3.5 Water Distribution...................................................................................................................................................3-8 3.5.1 Water Distribution System.....................................................................................................................3-8 3.5.2 Interconnections.......................................................................................................................................3-11 Section 4 Population and Water Demand Projections.......................................................4-1 4.1 Historical Population Information....................................................................................................................4-1 4.2 Projected Population for Potable Water Service Area..............................................................................4-1 4.3 Historical Water Use................................................................................................................................................4-2 4.4 Water Demand Projections..................................................................................................................................4-2 4.4.1 Water Demands for Existing Service Area.......................................................................................4-2 4.4.2 Additional Water Demands....................................................................................................................4-4 4.4.3 Water Demands for Proposed Service Area....................................................................................4-4 Section 5 Water Demand-Supply Analysis .......................................................................5-1 Section 6 Water Conservation .........................................................................................6-1 Section 7 Water Supply Projects ......................................................................................7-1 Section 8 Goals and Objectives ........................................................................................8-1 CDM Smith ©CDM Smith 2020 361790-241252.03.12 Page 131 of 203 10-Year Water Supply Facilities Work Plan Update Reports Table of Contents List of Figures Figure 2-1 City of Boynton Beach City Boundaries and Potable Water Service Area ........................2-2 Figure 3-1 Existing and Proposed Reclaimed Water Distribution System..............................................3-2 Figure 3-2 Location of Self-Supplied Communities...........................................................................................3-3 Figure 3-3 East Water Treatment Plant..................................................................................................................3-7 Figure 3-4 West Water Treatment Plant................................................................................................................3-9 Figure 3-5 Existing Water Distribution System................................................................................................3-10 List offables Table 3-1 Surficial Aquifer Production Wells, Eastern Wellfield................................................................3-5 Table 3-2 Surficial Aquifer Production Wells,Western Wellfield...............................................................3-5 Table 3-3 Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells..........................3-6 Table 3-4 Locations of Interconnections with Other Entities....................................................................3-11 Table 4-1 City's Historical Population ....................................................................................................................4-1 Table 4-2 Projected Population for City's Potable Water Service Area....................................................4-1 Table4-3 Historical Water Use...................................................................................................................................4-2 Table 4-4 Water Supply Demand Projections for City's Current Service Area (based on AverageDaily Demand).................................................................................................................................................4-3 Table 4-5 Water Supply Demand Projections for City's Current Service Area (based on MaximumDaily Demand).............................................................................................................................................4-3 Table 4-6 Additional Potable Water Demands....................................................................................................4-4 Table 4-7 Water Supply Demand Projections for City's Proposed Service Area (based on AverageDaily Demand).................................................................................................................................................4-5 Table 4-8 Water Supply Demand Projections for City's Proposed Service Area (based on MaximumDaily Demand).............................................................................................................................................4-5 Table 5-1 Summary of Raw Water Demand and Supply Projections (using ADD)..............................5-1 Table 5-2 Summary of Raw Water Demand and Supply Projections (using MDD).............................5-1 Table 7-1 Summary of East Wellfield Upgrade Projects..................................................................................7-1 Table 7-2 Summary of Remote Storage and Pumping Facility Project......................................................7-2 Table 7-3 Summary of New SAS Production Wells Project............................................................................7-2 Table 7-4 Summary of Reuse Distribution System Project............................................................................7-2 Appendices Appendix A-SFWMD CUP Revision Appendix B -Interlocal Agreement between Palm Beach County and City of Boynton Beach Appendix C - 10-Year Capital Improvement Program ii QDM Smith ©CDM Smith 2020 361790-241252.03.12 Page 132 of 203 Section Introduction The purpose of the City of Boynton Beach Water Supply Facilities Work Plan is to identify and plan for the water supply sources and facilities needed to serve existing and new development within the City's utility service area. Chapter 163, Part 11, Florida Statutes requires the local government to prepare and adopt Work Plans into their comprehensive plans within 18 months after the South Florida Water Management District(SFWMD) approves its updated regional water supply plan.The 2018 Lower East Coast(LEC)Water Supply Plan Update, for the 2016- 2040 planning period,was approved by SFWMD on January 14, 2019. This 10-Year Water Supply Facilities Work Plan Update for the City of Boynton Beach has the following objectives: ■ Identify population and water demands of the City for the planning period of 2020 to 2040. ■ Present existing and planned potable and reclaimed water facilities that will be utilized to meet demand projections. ■ Identify sources of raw water needed for potable water supply to meet demands through the year 2040. ■ Identify additional potable and/or reclaimed water supply initiatives ■ Describe the conservation practices and regulations utilized by the City to meet water supply demand. SmithQDM 1-1 ©CDM Smith 2020 361790-241252.03.12 Page 133 of 203 Page 134 of 203 Section Background Information Included in this section is a brief overview of the City of Boynton Beach,including information on regional water supply issues. 2.1 Overview The City of Boynton Beach has grown steadily,and the City is the third largest municipality in Palm Beach County with a population that has risen to a present number of approximately 78,000 residents. According to the United States Census Bureau,in 2010,the population per square mile was 4,217 and total land area was 16.1 square miles.The approximate boundaries are Hypoluxo Road to the north,the Lake Worth Drainage District(LWDD) L-30 to the south,the LWDD E-3 Canal to the west and the Intracoastal Waterway to the east. Figure 2-1 provides a depiction of the City's utility service area boundaries. Boynton Beach Utilities provides drinking water services and wastewater services for approximately 112,000 customers in Boynton Beach,some areas of unincorporated Palm Beach County, neighboring municipalities such as Town of Briny Breezes,Town of Ocean Ridge,and parts of the Village of Hypoluxo. 2.2 Regional Issues According to the 2018 SFWMD LEC Plan Update,various regional water supply issues continue to influence water supply planning efforts such as: 1. Increased withdrawals from the Surficial Aquifer System (SAS) are limited.This limitation is due to potential impacts on the regional system,wetlands and existing legal water uses.Also, this limitation is related to the potential for saltwater intrusion. 2. The Lake Okeechobee Service Area Restricted Allocation Area (RAA) criteria limits surface water allocations from Lake Okeechobee and hydraulically connected surface waters. 3. Current water storage capacity and surface water availability sometimes is insufficient to meet water demands. 4. For coastal regions such as in South Florida,climate change and sea level rise are issues of concern. Sea level rise affects flood control operations at coastal structures and contributes to inland movement of saltwater into aquifers. S. Conservation continues to be relied upon to reduce per capita water use and to delay or avoid adding supply capacity. 6. Use of reclaimed water continues to be an important alternative water supply source in the region. CDM Smith 2-1 ©CDM Smith 2020 361790-241252.03.12 Page 135 of 203 Section 2 a Background Information o "at,:; rarity R"k Palm Legend Aiqxwt L at i Un a R,d Cit Limits it SERVICE AREA LAKE CLARKE SH 01 Lantana SELF-SUPPLIED COMMUNITIES ' 77 4� 77 L jf AV 0 L Or 77 V J? q"" 4 A 'C" 1KAM X 3' X4 top Bp4ch '-p 0 x SW 15M V/ V Breezes e A 4� U If Stream 0 v/ A >' 0 FIGURE 2-1 CITY BOUNDARIES AND POTABLE WATER SERVICE AREA 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 .1 2 CDM Miles Smit CDM 2-2 Smith ©CDM Smith 2020 .0 .1 361790-2fyg g 3 e 2 136 of 203 Section Existing Water Supply Facilities This section presents an overview of the service areas were potable water is served and the existing facilities used by the City of Boynton Beach to obtain,treat,and distribute water to its customers. Raw water supply,water treatment,storage and distribution facilities are described herein. 3.1 ServiceArea Boundaries 3.1.1 Potable Service Area Boundary Boynton Beach Utilities provides drinking water services for customers in Boynton Beach,some areas of unincorporated Palm Beach County,neighboring municipalities such as Town of Briny Breezes,Town of Ocean Ridge, and parts of the Village of Hypoluxo. The water service area covers approximately from Hypoluxo Road south to the City of Delray Beach,from the Atlantic Ocean west to the E-3 Canal west of Military Trail. The City of Boynton Beach city limits and potable water service area are shown in Figure 2-1. .1.2 Recli a r Service Area Boundary Wastewater is collected from both the City of Boynton Beach and City of Delray Beach and treated at the South-Central Regional Wastewater Reclamation Facility(SCRWRF). The reclaimed water is then shared by these two municipalities. In Boynton Beach, reclaimed water is served to both private and public facilities.Various golf courses in the area use reclaimed water for irrigation purposes. Figure 3-1 presents the City's existing reclaimed water distribution system. 3.1.3 Self-Supplied s s The City of Boynton Beach has five (5) communities within the water service area that are self- supplied. Figure 3-2 shows the location of self-supplied systems. These self-supplied systems have the following characteristics: ■ High Ridge has a General Water Use Permit No. 50-07208-W for landscape irrigation of three (3) natural areas. Existing withdrawal facilities include one (1) Surficial Aquifer System Well with an annual allocation of 9.36 million gallons (MG) and a maximum monthly allocation of 1.38 MG. ■ Colonial Estates has General Water Use Permit No. 50-10245-W for a public water supply of 450 people with an average per capita use rate of 111 gallons per day.This permit was issued on March 25, 2013 and expires on March 25, 2033. Existing withdrawal facilities include two (2) Surficial Aquifer System Wells with an annual allocation of 18.24 million gallons (MG) and a maximum monthly allocation of 1.55 MG. ■ Pine Grove Village has General Water Use Permit No. 50-02858-W for a public water supply of 270 people and a landscape irrigation system. This permit was issued on December 20, 2006 and expires on January 1, 2027. Existing withdrawal facilities include two (2) Surficial SmithQDM 3-1 ©CDM Smith 2020 361790-241252.03.12 Page 137 of 203 Section 3 e Existing Water Supply Facilities d Ed , ,� --, Lr L� ��,� L y q g I w 16 24" s� S` oceali Ridge Be W014 Beach L 1 ' � 16' Briny Breezes i q 12 k1 j I , ! LEGEND RUNTFs4 01 Rt` Existing Reclaimed Water Lien o Proposed Redairruud Water Ling t v_ $F D elra each y FIGURE 3-1 EXISTING AND PROPOSED RECLAIMED WATER DI TRI UT J SYSTEM 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE. CITY OF BOYNTON BEACH, FLORIDA t 1 2CDM We$ smith Cora 3-2 Smith ©CDM Smith 2020 361790-2 &2138 of 203 Section 3 e Existing Water Supply Facilities `Vw o HIGH RIDGE 53i, r a C;[e) NORTH OF L a ri I a n rtly GATEWAY FLORAL DRIVE---1--- I[ �H vp NORTH OF GATEWAY R,1 it Link,�01 Z S,��,noor, 5 z 7 F1L -4. r rt L LEGEND 4", CityLimits L_J PINE GROVE VILLAGE Private Systems WEST Subdivision r3e,"Ill V>') BOYNTON COLONIAL ESTATES INC MOBILE HOME PARK rI'C PL B IN C) FLORAL DRIVE NORTH OF GATEWAY ","Blvd E I Styq!!,j) HIGH RIDGE NORTH OF GATEWAY PINE GROVE VILLAGE WEST BOYNTON PL 2 B IN Ire ti f , COLONIAL ESTATES Ue) B I ny B I� 2 INC MOBILE HOME PARK Urku, Jl'n L Q r— T he� r 11 ExI, I€ _j iI f II li ;efjnf e lh VId I r�t r� u Aut, 7 7 ft yn ————————————tYlti 9b V€I& e'l,ne FIGURE 3-2 LOCATION OF SELF-SUPPLIED COMMUNITIES 10-YEAR WATER SUPPLY FACILITIES 'WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 1 2 CDM Miles Smith CDM Smith 3-3 ©CDM Smith 2020 361790-241252.03.12 Page 139 of 203 Section 3 e Existing Water Supply Facilities Aquifer System Wells with an annual allocation of 14.31 million gallons (MG) and a maximum monthly allocation of 1.76 MG. ■ West Boynton Place-No permit information was found ■ Floral Drive- No permit information was found 3.2 Water Supply Sources Fresh groundwater is the main source of water supply for the City's potable water production. The City's groundwater supply sources include the Surficial Aquifer System (SAS) and the Floridan Aquifer System (FAS).The City's Public Water Supply is permitted by the South Florida Water Management District under Consumptive Water Use (CUP) Permit No. 50-00499-W issued on December 13, 2009.A modification to this permit was issued on September 4, 2018 and is included as Attachment A. The permit has an expiration date of December 10, 2029. Critical limiting conditions for the permit include: 1. Annual allocation is 7,614.88 MG (20.86 Million Gallons per Day(MGD)). 2. Maximum monthly allocation is 698.43 MG. 3. Annual withdrawals from the SAS Eastern Wellfield of 2,373 MG. On an annual average day basis,this is equivalent to 6.5 MGD. 4. Total maximum monthly allocation from the FAS is 192.5 MG S. When the Lake Worth Drainage District is not pumping water from Water Conservation Area 1 via Control Structures 1 or 3 or has not opened any of the G94 structures,the City may withdraw additional SAS water so as to be able to recharge the Aquifer Storage and Recovery(ASR) wells by an average rate of 5.0 MGD of finished water. 3.2.1 Surficial Aquifer System Wellfields Two surficial wellfields,the Eastern Wellfield and the Western Wellfield,supply raw water to the City. The Eastern Wellfield is comprised of 20 wells of which only 19 are operational.The Western Wellfield is comprised of 11 operational wells.Table 3-1 and Table 3-2 provide details for the SAS Wells. 3.2.2 Aquifer Storage and Recovery ASR wells are used during the wet season to store excess water from the Surficial Aquifer in the Upper Floridan aquifer. During the dry season,ASR wells are used to supplement water from the Surficial Aquifer.Two (2)ASR wells are located in the Eastern Wellfield. Per the limiting conditions of CUP Permit No. 50-00499-W,the maximum monthly withdrawals for ASR wells are limited to 155.0 MG.Table 3-3 provides details for the ASR wells. 3.2.3 Floridan uifer System Wells The City is planning to install three (3) FAS wells by 2023. The total maximum monthly allocation from the proposed FAS wells shall not exceed 35.7 MG. com 3-4 Smith ©CDM Smith 2020 361790-2 &2140 of 203 Section 3 e Existing Water Supply Facilities Table 3-1 Surficial Aquifer Production Wells,City of Boynton Beach Eastern Wellfield ME �a y 1E 1946 8 54 48 875 Operational 2E unknown 8 60 49 850 Operational 3E unknown 8 62 unknown 850 Abandoned 6E 1961 12 76 54 500 Operational 7E 1961 12 74 54 750 Operational 8E 1963 12 70 50 750 Operational 9E 1963 12 103 73 600 Operational 10E 1989 16 105 unknown 1,000 Operational 11E 1989 16 80 65 1,000 Operational 12E 2008 16 105 80 1,100 Operational 13E 1989 16 80 unknown 1000 Operational 14E 1989 16 273 235 1000 Operational 15E 1978 12 233 200 750 Operational 16E 1978 12 233 200 550 Operational 17E 1983 12 201 165 750 Operational 18E 1983 12 200 165 750 Operational 19E 1983 12 205 170 750 Operational 20E 1983 12 203 168 750 Operational 21E 1983 12 204 168 750 Operational 22E 1983 12 203 168 750 Operational Total Capacity 16,075 Table 3-2 Surficial Aquifer Production Wells,City of Boynton Beach Western Wellfield NAMENIMMINM 1W 1987 16 163 132 1,500 Operational 4W 1987 16 159 129 1,500 Operational 5W 1987 16 150 126 1,500 Operational 6W 1 1987 16 161 131 1,500 Operational 7W 1987 16 161 131 1,500 Operational 8W 1987 16 151 121 1,500 Operational 9W 1987 16 167 137 1,500 Operational 10W 1987 16 160 132 1,500 Operational 11W 1987 16 153 123 1,500 Operational 12W 1987 16 163 131 1,500 Operational 13W 1987 30 235 134 1,500 Operational Total Capacity 16,500 SmithCDM 3-5 ©CDM Smith 2020 361790-241252.03.12 Page 141 of 203 Section 3 e Existing Water Supply Facilities Table 3-3 Aquifer Storage and Recovery Wells and Floridan Aquifer System Wells y ASR-1 16 909 804 1,400 Operational ASR-2 24 910 800 2,800 Operational F-1 16 1,400 950 1,300 Proposed F-2 16 1,400 950 1,300 Proposed F-3 16 1,400 950 1,300 Proposed 3.2.4 cli a r The SCRWRF collects and treats wastewater from the Cities of Delray Beach and Boynton Beach. Reclaimed water is shared between the two municipalities and it is primarily used for irrigation purposes.The City distributes reclaimed water to customers within the water service area through a reclaimed distribution water system with pipe size ranging from six inches to 36- inches.Through the City's Capital Improvements Program,the City continues to expand its reclaimed water distribution system with the intent of utilizing additional reclaimed water capacity from the South-Central Regional Wastewater Treatment Plant.The City's reclaimed water distribution system is shown on Figure 3-2. 3.2.5 ul ser Agreements On December 21, 2004,the City's Commission approved an Interlocal Agreement,between Palm Beach County and the City of Boynton Beach, for the purchase and sale of bulk potable water.The Agreement was first amended in 2007 and a second amendment was approved on October 22, 2013.The second amendment allows the City to maintain a permanent capacity of one (1) MGD of Palm Beach County's potable water system.The termination date of this Interlocal Agreement is December 31, 2043. In addition to the provision of bulk potable water,there is a provision for the purchase of up to five (5) MGD of emergency potable water,as needed and with advance notice. Potable water purchased from Palm Beach County is blended with the West Water Treatment Plant(WTP) finished water. 3.3 Water Treatment Facilities The City owns and operates two (2)water treatment facilities.These facilities are known as the East WTP and West WTP.A description of these facilities is presented in the sections that follow. 3.3.1 East Water Treatment In The East WTP is located at 124 East Woolbright Road.An aerial view of the East WTP is shown on Figure 3-3. In 2017,the plant was upgraded and is now equipped with a state-of-the-art Magnetic Ion Exchange (MIEX) pretreatment system to treat water transported from the eastern wellfield via a 6-mile long pipeline. FDEP Permit No. 138271-493-WC allows for a finished water maximum day treatment capacity of 24 MGD. The East WTP has flexibility in utilizing various supplies of raw water including SAS wells located at the East Wellfield, SAS wells at the West Wellfield,and ASR wells at the East WTP. Since the current CUP allocations are not adequate to provide sufficient raw water to operate the expanded com 3-6 Smith ©CDM Smith 2020 361790-2 &2142 of 203 Section 3 e Existing Water Supply Facilities i r urs` rs rt J t rr(r�> Ya r i'�ka);qtr �� r} 4aVVUULf�i�IL'I"t A 4'ti� s- ,li,,�, - ru+r' tttr 1 s \rt5 t;r AM= r Sh rpt v 4 r s. 0 reit i� t l� t arrc ASY",I1 t -- _ Sit t� EM1_ i POW r t}r ?���G I qyg, -- =a�r i r r sr� FIGURE 3-3 N EAST WATER TREATMENT PLANT 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 4 150 300 CDM Feet smit SmithCDM 3-7 ©CDM Smith 2020 361790-241252.03.12 Page 143 of 203 Section 3 e Existing Water Supply Facilities capacity at the East WTP and the current capacity of the West WTP,the City will be required to balance raw water transmission to the East and West WTPs to meet permit requirements,satisfy overall system demand,and meet all necessary distribution system pressure requirements. For the period of January 2015 through December 2019,the East WTP finished water average daily flows ranged seasonally from 2.16 mgd to 10.27 mgd with maximum day flows ranging from 5.41 mgd to 12.84 mgd. 3.3.2 West Water Treatment l The West WTP is located at 5469 West Boynton Beach Boulevard, east of the Lake Worth Water Management District's E-4 Canal.An aerial view of the West WTP is shown on Figure 3-4. This plant uses nanofiltration (membrane softening) to remove hardness related water quality parameters in the western wellfield water and has a permitted maximum day treatment capacity of 10.44 MGD. The process at this plant consists of pre-filtration,membrane softening, degasification and chlorination. Raw water for this WTP comes from the western wellfield,which can provide an average daily flow up to 14.36 MGD (per CUP's allocations). The membrane treatment efficiency is 85 percent and the WTP is permitted to bypass up to 20 percent of raw SAS water which is then chlorinated and blended with the membrane plant throughput. For the period of January 2015 to December 2019,the West WTP finished water average daily flows ranged seasonally from 3.98 mgd to 9.90 mgd with maximum day flows ranging from 4.38 mgd to 18.74 mgd. 3.4 Water Storage The City has one elevated concrete water storage tank and four (4) concrete ground storage tanks.At the East WTP,a 1.5 MG elevated water storage tank helps maintain system pressure and a new 3.0 MG ground storage tank is used for finished water storage for re-pumping to boost distribution system pressure.At the West WTP,a 3.0 MG ground storage tank is used for blending water purchased from Palm Beach County Utilities.The Miner Road Repump Station has a 3.0 MG ground storage tank and the Woolbright Road Repump Station has a 1.0 MG ground storage tank, which are used to balance water production and peak demands. 3.5 Water Distribution 3.5.1 Water Distribution System Potable water produced at the East WTP and West WTP is distributed to the Service Area through a water distribution system that is comprised of approximately 448 miles of water mains. Figure 3-5 shows the existing water mains,which have pipe sizes ranging from six inches to 42-inches. At the East WTP,there are two (2) discharge pipelines which are 24-inches and 30-inches in diameter and connect to smaller diameter water mains to distribute water.At the West WTP, there is one 42-inch diameter discharge pipe that splits into two (2) 30-inch water mains that support water transmission and distribution. COM 3-8 Smith ©CDM Smith 2020 361790-2 &2144 of 203 Section 3 e Existing Water Supply Facilities r � V c � ii y r it?!t2 1 S` 1 {W BC34 h TDN BEACH BLVD w )� FIGURE -4 WEST WATER TREATMENT PLANT 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 100 200 CDM Feet Smith SmithCDM 3-9 ©CDM Smith 2020 361790-241252.03.12 Page 145 of 203 Section 3 a Existing Water Supply Facilities Lantana PA A r j V, 4 pi, V iP1 01-,77"k EAST WTP 4 IM 4 LEGEND r Cityl-imits L _i"',0 -,Tuly breeze$ Water Treatment Plant WEST WTP J Diameter 011 S Irea ra F ——————®--r„"Y' I Z,'4 .......... 12" 14" Pr TWOJ� —20" —24" — 30" —42" L aik id!a Fi A FIGURE 3-5 N EXISTING WATER DISTRIBUTION SYSTEM 10-YEAR WATER SUPPLY FACILITIES WORK PLAN UPDATE CITY OF BOYNTON BEACH, FLORIDA 0 2 CDM Miles Smith Cora 3-10 Smith ©CDM Smith 2020 361790-2PV9&2 146 of 203 Section 3 e Existing Water Supply Facilities 3.5.2 Interconnections The City has emergency interconnection agreements with Palm Beach County, City of Delray Beach, Town of Gulfstream,Village of Gulf, and Town of Lantana. Potable water purchased from Palm Beach County is blended with the finished water through the interconnection located at the West WTP. There is a second interconnection with Palm Beach County at Flavor Pict Road. Other interconnections are available for maintenance emergency needs only and valves are normally closed.All interconnections are metered. Table 3-4 lists the locations of the interconnections. Table 3-4 Locations of Interconnections with Other Entities M a a a a � a .1 Palm Beach Interconnect 1 5469 West Boynton Beach 12-inch pipe with 8-inch Blvd meter Palm Beach Interconnect 2 Flavor Pict Road West of 12-inch pipe with 8-inch Military Trail meter Palm Beach Interconnect 3 Hypoluxo and Hypoluxo 12-inch pipe with 8-inch Farms meter Lantana Interconnect 1 Hypoluxo and Seacrest 6-inch meter SmithQDM 3-11 ©CDM Smith 2020 361790-241252.03.12 Page 147 of 203 Page 148 of 203 Section Population and Water Demand Projections The intent of this section of the Work Plan is to provide the data related to historical population and to present population projections and water demand analysis for the 2020-2040 planning period. 4.1 Historical Population Information The Bureau of Economic and Business Research (BEBR) at University of Florida prepares and publishes population estimates for every county and subcounty area in Florida.These estimates are produced using the housing unit method and solely reflect permanent residents and do not include seasonal or other temporary residents. Historical populations for the City are shown in Table 4-1 from Year 2010 through Year 2019. The average annual population increase during this period is 1.46 percent. Table 4-1 City's Historical Population 01 w Ir 68,409 68,741 70,131 71,608 72,784 73,163 73,992 76,756 77,696 0.28% 0.49% 2.02% 2.11% 1.64% O.S2% 1.13% 3.74% 1.22% Note:Florida Estimates of Population,University of Florida's Bureau of Economic and Business Research 4.2 ProjectedPopulation r Potable Water Service Area Projections of permanent resident populations in Palm Beach County(PBC) are primarily based on sub-county projections published by the County's planning division.At the local level, PBC's planning division staff uses BEBR medium projections of permanent resident population and apply these to smaller geographies in order to produce the Population Allocation Model,which is a land use-based allocation model that is updated every other year.This model is based on Traffic Analysis Zones (TAZ) contained within the potable water service area.Table 4-2 presents information related to the projected population for the City's potable water service area from 2020 through 2040. The data was obtained from the 2018 Lower East Coast Water Supply Plan. Table 4-2 Projected Population for City's Potable Water Service Area Total Population for Boynton 107,646 113,090 121,542 126,509 130,858 134,809 Beach Utility Service Area Note: Projected Population data was obtained from the 2018 Lower East Coast Water Supply Plan Update SmithQDM 4-1 ©CDM Smith 2020 361790-241252.03.12 Page 149 of 203 Section 4 e Population and Water Demand Projections 4.3 Historical Water Use Potable water is produced at the City's East WTP and West WTP.The City's finished water production data for these two water treatment plants was obtained from January 2015 through December 2019 Monthly Operating Reports and are summarized in Table 4-3. The average finished water production data (in MGD) and population estimate data was used to calculate an estimated City's water use rate of 131 gallons per capita per day(gpcd). A peaking factor of 1.18 was used to obtain the City's per capita maximum water use rate of 154 gpcd. These estimated water consumption rates are considered for planning purposes and are used to estimate water demand projections for the planning period of 2020 to 2040. Table 4-3 Historical Water Use 2015 106,3S1 4947 13.30 15.60 1.17 125 147 2016 107,646 4897 13.16 15.21 1.16 122 141 2017 109,007 5076 13.87 16.31 1.18 127 150 1 2018 1 110,368 1 5215 14.25 1 16.83 1 1.18 1 129 1 152 1 2019 1 111,729 1 4868 13.30 1 15.82 1.19 119 142 Notes:Population served based on 2018 LEC Water Supply Plan Update. Total Water Production and Average Finished Water Daily Demand obtained from Monthly Operating Reports(2015 to 2019). 4.4 Water Demand Projections 4.4.1 Water Demands for Existing Service Area Finished water demand projections through year 2040 are presented in Table 4-4 and Table 4-5. Finished water demand projections were based on current population estimates, future population estimates and a single per capita average day demand of 131 gpcd. As shown on Table 4-4,average-day finished water demand for the existing service area increases from 14.10 MGD, in 2016,up to 17.66 MGD in 2040.The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd. As shown on Table 4-5,maximum water supply demands increase from 16.58 MGD, in 2016, up to 20.76 MGD in 2040. QDM 4-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 150 of 203 L m § 4 : 0 7 E A / \ \ \ ! % w 5 _ \ \ \ N E o 0 ) 2 m\ ` LO m E ¢ c Ell, 9 : 1 m m c c e k m E e 7 k ` \ § ` \ § 2 2 : ° � ° 00 c(i § ° § ° e > m ® \ § ® 2 \ ) / co G ° 3 k Cl Cl0 § Q ƒ § Q a \ \ \ \ \ \ 7 ® 9 G 7 0� G f » r , » E \ / ƒ E } \ ( ƒ o / o ° c CL \ C \ M Z ) E M Z ) E _ _ 2 2 4a 4a ( (D f > Ln \ 7 / — \CIE \ & k � k \ k � � \ OU Section 4 e Population and Water Demand Projections 4.4.2 Additional Water Demands The City has reached an agreement with the Town of Hypoluxo and three (3) mobile home parks to provide them with potable water. The Tropical Breeze Mobile Home Park was added to the City's potable water service area last May 2019. Data provided by the City indicate that a total of 1,414 additional units will be served with potable water as shown in Table 4-6 below.Using a factor of 2.52 person per household,the additional units were converted into equivalent population. The water per capita consumption for these communities is unknown but, for planning purposes, it was assumed that these communities would have the same estimated average per capita consumption as the City. Therefore,the estimated City's water use rate of 131 gallons per capita per day was used to calculate an additional water demand of 0.47 MGD. Table 4-6 Additional Potable Water Demands M Tropical Breeze P�MbileZ�HomePark 324 816 131 0.11 (Served by City since May 2019) Mobile Home Park Parry Village (To be served by City beginning 100 2S2 131 0.03 March 2020) Town of Hypoluxo To be served beginning SSO 1386 131 0.18 September 2020 Royal Manor Mobile Home Park(2020) 440 1109 131 OAS Total Additional Population in Utility 1414 3563 0.47 Service Area 4.4.3 Water Demands for Proposed Service Area Finished water demand projections for the proposed service area are presented in Table 4-7 and Table 4-8. These projections for the proposed service area considered the additional potable water demands identified previously on Table 4-6. The City's average-day finished water demands were calculated using an average day per capita water use rate of 131 gpcd.As shown on Table 4-7, average water supply demands for the proposed service area increase from 14.10 MGD,in 2016, up to 18.21 MGD in 2040. The City's maximum-day finished water demands were calculated using a maximum day per capita water use rate of 154 gpcd.As shown on Table 4-5,maximum water supply demands for the proposed service area increase from 16.58 MGD, in 2016,up to 21.41 MGD in 2040. SmithCDM 4-4 ©CDM Smith 2020 361790-241252.03.12 Page 152 of 203 o � Ln *. 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Ln (IJ Ec O $�. l�0 m O�1 O �' O C m m m 0 0 ci Q P Ln n Ln N s, N ci 0 cu N M M M o N n o a o bA O L c-I ci ci ci O L ci N m m m f6' omo4--LNcu Ln Ln c 4J z Ln 0 1 cu4J ® N (IjO N Ln M N N M M V - o(� N N N N I"' 'z N N N N N Z Q m Page 156 of 203 Section Water Conservation The Utilities Element of the City's Water Comprehensive Plan, last updated in 2015,includes the following objective: Objective 3.C.3 The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures, aquifer storage and recovery, reuse and education. The following policies were created to support such objective: ■ The City shall continue to annually advise users in Boynton Beach,during the dry season,to reduce potable water usage for landscape irrigation and to properly time irrigation activities. ■ The City shall continue to enforce all water use restrictions consistent with any water shortage or water shortage emergency declared in accordance with SFWMD Shortage Plan. ■ The City shall continue to utilize a water conservation rate structure to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. ■ The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. ■ The City shall continue to implement programs requiring or encouraging the use of water saving devices for irrigation systems, and plumbing fixtures in the City's service area. Specific actions that follow the policies listed above and work towards the reduction of water consumption include: ■ Permanent Irrigation Ordinance.The City enforces Palm Beach County Water Conservation and Irrigation Ordinance 93-3. This ordinance provides a permanent water conservation measure. ■ Landscape Irrigation Rule-This SFWMD year-round landscaping irrigation conservation measure permits up to three days per week of watering in Palm Beach County and additional watering days for new landscapes.The use of reclaimed water and harvested rainwater is allowed anytime. ■ Rain Sensing Devices. Per Section 373.62, F.S.,all new installations of automatic irrigation systems shall be equipped with a water sensing device that will automatically discontinue irrigation during periods of rainfall.The City has adopted this as an ordinance. SmithQDM 6-1 ©CDM Smith 2020 361790-241252.03.12 Page 157 of 203 Section 6 e Water Conservation ■ Xeriscape Ordinance. The City continues to promote the use of drought tolerant and native vegetation. For developments and/or permit approvals,at least 50%of all required site vegetation shall be taken from the desired vegetation species listings. ■ Ultra-low Plumbing Fixture Ordinance. The City adopted Ordinances No. 092-41 and 092- 42,which require new and replacement toilets,showerheads and other fixtures to be low flow. ■ Water Conservation Based Rate Structure. In 1990,the City Commission adopted an eight- tier conservation-based rate ordinance,whereby the more water used,the higher the rate per thousand gallons, as a means of reducing demands. In 2002,the Commission amended this ordinance to adjust the conservation-based rate structure.Under these amendments, the rate of the highest tier increased by 17 percent. ■ Reclaimed Water Use.The City continues to implement the Reclaimed Water Program adding distribution lines to the system. ■ Public Information Programs for Water Conservation. The City provides free tools, such as water saving kits and hose nozzles,to help reduce the population's water use in their homes. The Water Conservation Education Program offers classroom activities and installation of water saving devices to fifth grade students and teachers in the City's service area. The City's website also provides links to the SFWMD website which offers information on their Water Conservation Programs and Initiatives. QDM 6-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 158 of 203 Section Water Supply Projects This section provides a brief description of the City's Capital Improvements Program (CIP)that are planned to be implemented in the next five (5)years that will provide additional supply water to the City.Appendix C has a complete list of the 10-Year CIP.The City continues to be dependent of the SAS as a raw water supply,but also has two (2)ASR wells in operation. Recent actions taken by the City now allow the East WTP to receive water not only from the eastern wellfield but also from the western wellfield.A new 36-inch interconnect raw water main now allows the East WTP to receive supplement water and take advantage of the available treatment capacity. The City also continues to expand its reuse distribution system by adding segments of distribution piping to the existing system. Tables 7-1 through 7-4 below present additional details related to capital improvements projects being planned for the next five (5)years. Table 7-1 Summary of East Wellfield Upgrade Projects Project Description: Construction of a new 24-inch raw water main to increase flow from the East Wellfield to the East WTP.Currently,the East WTP has a 16-inch raw water main,which limits the water supply to the plant. Project Justification: This project is needed to meet future water demands Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $100,000 $0 $0 $0 $0 $100,000 Construction $650,000 $0 $0 $0 $0 $650,000 Other $0 $0 $0 $0 $0 $0 TOTAL $750,000 $0 $0 $0 $0CDM $750,000 Smith7-1 ©CDM Smith 2020 361790-241252.03.12 Page 159 of 203 Section 7 e Water Supply Projects Table 7-2 Summary of Remote Storage and Pumping Facility Project Project Description: Construction of a 3 MG potable water storage facility in the northeast quadrant of the Service Area. Project Justification: This project is needed to improve backup water supply and maintain level of service in this area. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $0 $0 $0 $0 $3,OSO,000 $3,OSO,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,OSO,000 $3,OSO,000 Table 7-3 Summary of New SAS Production Wells Project a o Project Description: Construction of new surficial wells Project Justification: This project is needed to support the proper functioning of the existing wellfield.The City plans to request the addition of new surficial wells for this purpose. Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction 1 $0 $0 $0 $0 $3,000,000 $3,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $0 $0 $0 $0 $3,000,000 $3,000,000 Table 7-4 Summary of Reuse Distribution System Project Project Description: Continued expansion of reuse distribution system Project Justification: The City plans to continue the expansion of the reuse distribution system to utilize the capacity at the South Central Regional Wastewater Treatment Plant Estimated Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 Total Design $0 $0 $0 $0 $0 $0 Construction $2,000,000 $2,000,000 $2,000,000 $2,000,000 $3,000,000 $10,000,000 Other $0 $0 $0 $0 $0 $0 TOTAL $4,040,000 $0 $0 $0 $3,000,000 $0 QDM 7-2 Smith ©CDM Smith 2020 361790-241252.03.12 Page 160 of 203 Section Goals and Objectives The City of Boynton Beach has established goals and objectives as part of their Comprehensive Plan,last updated in 2015. Their main goal is described as follows: ■ The City shall secure and maintain adequate potable water treatment and distribution facilities,take steps to minimize increases in demands, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Under this main goal, a series of objectives have been delineated,as follows: • The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through build-out. • The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. • The City of Boynton Beach will continue to consider options to implement water conservation such as rate structures,aquifer storage and recovery,reuse and education. • The City of Boynton Beach will operate its potable water system in such a way that all capital improvements,replacement and rehabilitation,and operation and maintenance costs such that costs are borne by system customers on the basis of the cost-for-service. • The City will continue to prevent urban sprawl by requiring orderly compact development of the potable water service area as it approaches buildout. • The City shall continue to implement a program to eliminate existing deficiencies according to the schedule presented in the Capital Improvements Element. The City of Boynton Beach will implement this Water Supply Facilities Work Plan in order to meet the City's demand through 2040.This Work Plan promotes projects aimed at diversifying the City's sources of water,to reduce dependency on the surficial aquifer and improvement of existing infrastructure to enhance the system's efficiency. SmithQDM 8-1 ©CDM Smith 2020 361790-241252.03.12 Page 161 of 203 Page 162 of 203 APPENDIX SmithSFWIVID CUP REVISION A-1 ©CDM Smith 2020 361790-241252.03.12 Page 163 of 203 Page 164 of 203 Q,y ! , a 'y. i a WATER USE LETTER MODIFICATION APPLICATION • 1 - - DATE ® September 4, 2018 , 2029 CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 PROJECT ® CITY OF BOYNTON BEACH PUBLIC LOCATION.PROJECT PALM BEACH COUNTY, I 1-1 , — , , j f 1, S6-10,15-22,17-34fr45S/R43E District staff s reviewed the information submitted in support of the referenced application for permit modification(s) and determinedr ` ii s are i compliance i t vi s permit and the appropriatevisions of Rule -2. 1 (4)(a), Florida Administrative Code. The permitmodification (s) include the following: Plug of r Wellsn 1, as newer monitor wells have been installed rendering IIs redundant. In addition, Limiting iti been modifiedremove the reference to the temporary allocation of 2,555illigallons r year from terrn Wellfield, as the pipelineconnecting Ilfi I the Western Iil s been completed. understandPlease t your permit remains suj to the 29 LimitingConditions II other terms of the permith i i r vio issued. . . ..........................:...........:............ _................................................_.. Simon P.G. Section Leader Water Use Bureau Of 80VTON 3301 Gun Club ca eat Palm Beach, Florida 33406. ( 1) .s . v Application Number: 180807-5 a e 1 of 8 Page 165 of 203 LIMITING CONDITIONS 1. This permit shall expire on December 10, 2029. 2. Application for a permit modification may be made at any time. 3. Water use classification: Public Water Supply 4. Source classification is: Groundwater from: Floridan Aquifer System Surficial Aquifer System 5. Annum allocation shall not exceed 7,614.88 million gallons (MG). (20.86 MGD) Maximum monthly allocation shall not exceed 698.43 million gallons (MG). The following limitations to maximum monthly withdrawals from specific sources are stipulated: Floridan Aquifer System-: 192.50 MG. The following limitations to withdrawals from specific sources are stipulated: SurFicial aquifer system: Withdrawals from the Eastern Wellfield shall be limited to 2,373 MG annually (6.5 MGD). When the criteria of Limiting Condition 25 are satisfied, the Permittee may withdraw SAS water in addition to the above allocation to recharge its ASR wells by an average of 5.0 MGD of finished water. Upon completion of Phase 1 of the reclaimed water program, if the project's demands are greater than the base condition water use, the Permittee may submit updated groundwater modeling to request an increase in the surficial aquifer system allocation via full modification based upon the termination or reduction of base condition water use. Floridan aquifer system: The City's maximum month water use demand over the average SAS allocation will be met by withdrawals from the ASR wells throughout the permit duration and from the proposed FAS wells (anticipated to be installed by 2023). The total maximum monthly allocation from the FAS shall not exceed 192.5 MG Application Dumber: 180807-5 Page 2 of 8 Page 166 of 203 (maximum monthly withdrawals are limited to 155.0 MG for ASR wells, and 37.5 MG for the proposed FAS wells). 6. Pursuant to Rule 40E-1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at is any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address oft new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E-1.6107, F.A.C. Pursuant to Rule 40E-1.6107 (4), until transter is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit is occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-1.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: CITY OF BOYNTON BEACH 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FL - 33435 7. Withdrawal facilities: Groundwater- Proposed: 3 - 1 X 1400'X 1300 GPM Wells Cased To 950 Feet Groundwater- Existing: 1 - 12"X 233' X 750 GPM Well Cased To 200 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 131 Feet 1 - 12"X 70' X 750 GPM Well Cased To 50 Feet 1 - 16"X 160' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 909' X 1400 GPM Well Cased To 804 Feet 1 - 30" X 235' X 1500 GPM Well Cased To 134 Feet 1 - 16"X 273' X 1000 GPM Well Cased To 235 Feet 1 - 12"X 74' X 750 GPM Well Cased To 54 Feet 1 - 16"X 80' X 1000 GPM Well With Unknown Cased Depth AppliGation Number 180807-5 Page 3 of 8 Page 167 of 203 1 - 16"X 80' X 1000 GPM Well Cased To 65 Feet 1 - 16"X 163' X 1500 GPM Well Cased To 132 Feet 1 - 16"X 105' X 1000 GPM Well With Unknown Cased Depth 2 - 16"X 161' X 1500 GPM Wells Cased To 131 Feet 1 - 16" X 105' X 0 GPM Well Cased To 80 Feet 1 - 8" X 60'X 850 GPM Well Cased To 49 Feet 1 - 12"X 201'X 750 GPM Well Cased To 165 Feet 1 - 12"X 204' X 750 GPM Well Cased To 168 Feet 1 - 16"X 150' X 1500 GPM Well Cased To 126 Feet 1 - 12" X 103' X 600 GPM Well Cased To 73 Feet 1 - 16" X 153' X 1500 GPM Well Cased To 123 Feet 1 - "X 910'X 2800 GPM Well Cased To 800 Feet 1 - 16"X 151'X 1500 GPM Well Cased To 121 Feet 1 - 12"X 76' X 500 GPM Well Cased To 54 Feet 1 - 12"X 200' X 750 GPM Well Cased To 165 Feet 1 - 16" X 159' X 1500 GPM Well Cased To 129 Feet 2 - 12" X 203' X 750 GPM Wells Cased To 168 Feet 1 - 8"X 54'X 875 GPM Well Cased To 48 Feet 1 - 12"X 233'X 550 GPM Well Cased To 200 Feet 1 - 16"X 167' X 1500 GPM Well Cased To 137 Feet 1 - 12"X 205' X 750 GPM Well Cased To 170 Feet 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (A) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (B) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee's Application Number: 180807-5 Page 4 of 8 Page 168 of 203 withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the hann. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, includes: (A) Significant reduction in water levels on the property to the extent that the designed function oft water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction oft water body. In cases where a permit was not required, the designed function shall be determined based on the purpose fort original construction oft water body (e.g. fill for construction, mining, drainage canal, etc.) (B) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (C) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference tot conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (A) Reduction in ground or surface water levels that results in harmful lateral movement oft fresh water/salt water interface, (B) Reduction in water levels that harm the hydroperiod of wetlands, (C) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (D) Harmful movement of contaminants in violation of state water quality standards, or (E) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. Application Number: 180807-5 Page 5 of 8 Page 169 of 203 12. Authorized representatives of the District, with advance notice to the permittee, shall be permitted to enter, inspect, and observe the permitted system to determine compliance with permit conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: SFWMD at www.sfwmd.gov/e Permitting, or Regulatory Support, 3301 Gun Club Road, West Palm Beach, FL 33406. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40E-21, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17, Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a District- approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five- year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction. Application Number: 180807-5 Page 6 of 8 Page 170 of 203 20. Permittee shall determine unaccounted-for distribution system losses. Losses shall be determined for the entire distribution system an a monthly basis. Permittee shalldefine the manner in which unaccounted-for losses are calculated. Data collection shall in within six months of Permit issuance. Loss reporting shall be submitted tot District on a yearly basis from the date of Permit issuance. 21. Permittee shall maintain an accurate flow meter at the intake of the water treatment plant for the purpose of measuring it in of water. 22. Every ten years from the date of permit issuance, the permittee shall submit a water use compliance report for review and approval by District Staff, which addresses the following: (A) The results of a water conservation audit that documents the efficiency of water use on the project site using data produced from an onsite evaluation conducted. In the event that the audit indicates additional water conservation is appropriate or the per capita use rate authorized in the permit is exceeded, the permittee shall propose and implement specific actions to reduce the water use to acceptable levels within timeframes proposed by the permittee and approved by the District. (B) A comparison of the permitted allocation and the allocation tnat would apply to the project based on current District allocation rules and updated populabon and per capita use rates. In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall apply for a letter modification to reduce the allocation consistent with District rules and the updated population and per capita use rates to the extent they are considered by the District to be indicative of long term trends in the population and per capita use rates over the permit duration. Int event that the permit allocation is less than allowable under District rule, the permittee shall appI y for a modification of the permit to increase the allocation if the permittee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. 23. The Water Conservation Plan required by Section 2.6.1 of the Basis of Review for Water Use Permit Applications within the South Florida Water Management District, must be implemented in accordance with the approved implementation schedule. 24. If at any time there is an indication that the well casing, valves, or controls leak or have become inoperative, repairs or replacement shall be made to restore the system to an operating condition. Failure to make such repairs shall be cause for filling and abandoning the well, in accordance with procedures outlined in Chapter 40E-3, Florida Administrative Code. Applicafion Number: 180807-5 Page 7 of 8 Page 171 of 203 25. The injection of water for storage in the City's ASR wells is prohibited when the Lake Worth Drainage District is pumping water from Water Conservation Area (WCA) 1 via Control Structures 1 or 3, or has opened any of the G94 structures for water supply purposes. When water supply deliveries are not being made from WCA-1, the Permittee may recharge the ASR system by an average of 5 MGD. 26. Public water utilities that control, either directly or indirectly, a wastewater treatment plant, and which have determined pursuant to Section 403.064, F.S., that use of reclaimed water is feasible, must provide the District with annual updates of the following information: (A) the status of distribution system construction, including location and capacity of lines; (B) a summary of uncommitted supplies for the next year; (C) copies of any new or amended local mandatory reclaimed water reuse zone ordinances; and (D) a list of end-users who have contracted to receive reclaimed water and the agreed upon quantity of water to be delivered. 27. The Permittee shall submit annual reports to the District providing information on the progress of the construction of the FAS wells and RO plant. Each report shall also contain projected activities for the year subsequent to the report submittal. The first report shall be submitted to the District by March 10, 2010, and subsequent reports shall be due at one year increments. In the event that any of the proposed elements are not on schedule and may result in the Permittee not being able to meet the limiting conditions, the Permittee will be required to submit an application to modify the permit. 28. The Permittee shall continue to implement the saline water intrusion monitoring program, which monitors the water level and chloride concentration within the surficial aquifer system at locations shown in Exhibit 1. . Within two months of permit issuance, the Permittee shall plug and abandon the following wells in accordance with Chapter 40E-3, Florida Administrative Code: Monitor Wells DM2, DM3, DMS, and SM1 Submit Summary of abandoned wells for Monitor Wells DM2, DM3, DM5, and SM1. Application Number: 180807-5 Page 8 of 8 Page 172 of 203 NOTICEOFRIGHTS As required by Sections 120.669 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for adm inistrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended provide legal advice. Not all of the legal proceedings detailed below maybe an applicable or appropriate remedy. You may wish to consultan attorney regarding ur legal rights. RIGHTIITHEARING A person whose substantial interests are or maybe affected bythe South Florida Water Management Districts (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests all file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions setfo herein,within 21 days of receiptof written notice of the decision, unless one of the following o r time periods apply. (1) within 14 days of the notice of consolidated intentio grantordenyconcu ntly vie applications forenvironmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. t; or( )within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat "Receipt of written notice of agency decision' means receipt of written notice through mail, electronic mail, or posting t the SFWIVID has or intends to take final agency action, or publication of notice that the SFWMD has or intends In take final agency action. Any person who receives wriltlen notice of a SFWMD decision and fails to file a written request for hearing within the fimetame described abovewaives the right to request hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise vide by law, have an additional Rule 28-106.111,Fla.Admin. Code,point of entry. Any person to whom an emergency oer is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewithimmediaiBly,but on petition to the board shall be afforded a hearing s soon as possible. A person may file a request for an extension of time for filing a petition. T he SFWMD may, for good cause, grant the request. Requestsr extension of time must be filed with the SFWMD priorto the deadline forfilin petition for hearing. Such requests r extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and thatthe SFWMD and anyother parties ag ree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period fbr filing a petition until the request is acted upon. FILING INSTRUCTIONS petition for administrative hearing must be filed i a Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made byrnail,hand-delivery,or e-mail. Filings byfacsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District`s normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m.shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are asfollows: • Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,West Palm Beach, Florida 33406. Rev. 11108/16 1 Page 173 of 203 • Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office vvill receive and file the petition. • Filings bye-mail must be transmitted to the Office ofthe District Clerk atcle._ es m . o ' The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A partywho files a document bye-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF AN ADMINISTRATNE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301,Fla. Admin. Code, initiation of an administrative hearing shall be made bywritten petition to the SFWMD in legible form and on 8112 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number,application number, SFWMD file numberor any other SFWMD identification number,if known. 2. T he name,address, any email address,any facsimile num ber,and telephone numberof the petitioner and petitioners representative, if any. 3. An explanation of how the petitioners substantial interest will be affected by the agency determination. 4. A statementof when and how the petitioner received notice of the SFWMD's decision. . A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact east, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action th a petitionerwishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573,Fla.Stat.,and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla.Stat., atthis time. RIGHTI Pursuantto Section 120.68,Fla.Stat,and in accordance with Florida Ru ie of Appel late Procedure 9.110, a pa rty who is adverse lyaffected byfinal SFWMD action mayseekjudicial review ofthe SFWMD's final decision byf 11 ng a notice of appeal with the Office of the District Cie rkofthe SFWM D in accordance with the filing instructions set forth herein within 30 days of rendition of the orderto be reviewed,and byfiIing a copyof the notice with the c I e rk of the appropriate d istrict cou rt of a p peal. . 11108116 Page 174 of 203 i u X j r jtjv, e - �n l Nib r ins i E� F h I k s h, E 75 of 203 21 0. 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C ` a LU > •`" cm E EL � aw -J ® .® 0CL CL CLCL k' C6 E A t Page 185 of 203 Requirement a it Condition Report App No: 180807-5 Permit No: 50-00499-W Project Name: CITY OF BOYNTON BEACH PUBLIC WATER SUPPLY Permit Condition No: 17 Permit Condition Code: T 21- Facility Name Requirement Name Col Freq Sub FreqDue Date WELL- 1 E Calibration report for WELL 1 E Every Five Years Every Five Years 30-JUN-2023 WELL-20 (10E) Calibration report for WELL 20 Every Five Years Every Five Years 30-JUN-2023 (10E) WELL-22 (12E) Calibration report for WELL 22 Every Five Years Every Five Years 30-JUN-2023 REPLACEMENT (12E)REPLACMENT WELL-23 (13E) Calibration report for WELL 23 Every Five Years Every Five Years 30-JUN-2023 (13E) WELL-24(14E) Calibration report for WELL 24 Every Five Years Every Five Years 30-JUN-2023 (14E) WELL-25(15E) Calibration report for WELL 25 Every Five Years Every Five Years 30-JUN-2023 (15E) WELL-26(16E) Calibration report for WELL 26 Every Five Years Every Five Years 30-JUN-2023 (16E) WELL-27(17E) Calibration report for WELL 27 Every Five Years Every Five Years 30-JUN-2023 (17E) WELL-29(19E) Calibration report for WELL 29 Every Five Years Every Five Years 30-JUN-2023 (19E) WELL- 14(2E) Calibration report for WELL 14 Every Five Years Every Five Years 30-JUN-2023 (2E) WELL-30(20E) Calibration report for WELL 30 Every Five Years Every Five Years 30-JUN-2023 (20E) WELL-31 (21 E) Calibration report for WELL 31 Every Five Years Every Five Years 30-JUN-2023 (21 E) WELL-32(22E) Calibration report for WELL 32 Every Five Years Every Five Years 30-JUN-2023 (22E) WELL- 1 (1W) Calibration report for WELL 1 Every Five Years Every Five Years 30-JUN-2023 (1 W) WELL - 16 (6E) Calibration report for WELL 16 Every Five Years Every Five Years 30-JUN-2023 (6E) WELL- 17 (7E) Calibration report for WELL 17 Every Five Years Every Five Years 30-JUN-2023 (7E) WELL- 18 (8E) Calibration report for WELL 18 Every Five Years Every Five Years 30-JUN-2023 (8E) WELL- 19 (9E) Calibration report for WELL 19 Every Five Years Every Five Years 30-JUN-2023 (9E) WELL- 21 (11E) Calibration report for WELL 21 Every Five Years Every Five Years 30-JUN-2023 (11E) WELL-28(18E) Calibration report for WELL 28 Every Five Years Every Five Years 31-AUG-2023 (18E) WELL-4(4W) Calibration report for WELL 4 Every Five Years Every Five Years 31-JUL-2023 (4W) WELL-5 (5W) Calibration report for WELL 5 Every Five Years Every Five Years 31-JUL-2023 (5W) WELL-6 (6W) Calibration report for WELL 6 Every Five Years Every Five Years 31-JUL-2023 (6W) Page 1 of 5 Exhibit No: 3 Page 186 of 203 Requirement by Permit Condition Report Facility Name Requirement Name Coi Freq Sub Freq Due Date WELL-7(7W) Cali bration report for WELL 7 Every Five Years Every Five Years 30-JUN- { ) (7W) WELL-8(8W) Calibration report for WELL 8 Every Five Years Every Five Years 28-FEB-201 9 (8w) WELL-9(9W) Call bration report for WELL 9 Every Five Years Every Five Years 30-JUN-2023 (9w) WELL- I 1 (11 W) Calibration report for WELL 11 Every Five Years Every Five Years 30-JUN- (11 ) (IIW) WELL- 12 (12W) Calibrabon report for WELL 12 Every Five Years Every Five Years 31-JUL- (1 ) 1-JUL-(12W) WELL- 13(13W) Cali bration report for WELL 13 Every Five Years Every Five Years 31-JUL-2023 (1 3W) WELL- 10(10W) Calibration report for WELL 10 Every Five Year's Every Five Years 30-JUN-2023 (low) WELL-ASR-1 Calibrafion report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 1 WELL-ASR-2 Calibration report for WELL ASR- Every Five Years Every Five Years 30-JUN-2023 2 WELL- F-I Calibration report for WELL F-I Every Five Years Every Five Years 31-MAY-2019 WELL- F-3 Calibration report for WELL F-3 Every Five Years Every Five Years 31- - 1 9 WELL-F-2 Calibration report for WELL F-2 Every Five Years Every Five Years 31-MAY-2019 Permit Condition No: 18 Permit Condition Code., WUSTDO22-1 Faclift Name Requirement Name Col Freq Sub Freq Due Date WELL- IE Monthly withd rawal for WELL 1E Monthly Quarterly 31-OCT-2018 WELL-20(1 OE) Monthly withdrawal for WELL 20 Monthly Quarterly 31-OCT-2018 (1 OE) WELL-22 (12E) Monthly withdrawal for WELL 22 Monthly Quarterly 31-OCT-2018 REPLACEMENT (12E)REPLACIVIENT WELL-23(13E) Monthly withdrawal for WELL 23 Monthly Quarterly 31- CT-2018 (13E) WELL-24 (14E) Monthly withdrawal for WELL 24 Monthly Quarterly 31-OCT-2018 (14E) WELL-25 (15E) Monthly withdrawal for WELL 25 Monthly Quarterly 31- T-2018 (15E) WELL-26(16E) Monthly withdrawal for WELL 26 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-27(17E) Monthly withdrawal for WELL 27 Monthly Quarterly 31-OCT-2018 (17E) WELL-29(1 9E) Monthly withdrawal for WELL 29 Monthly Quarterly 31-OCT-2018 (1 9E) WELL- 14 (2E) Monthly withdrawal for WELL 14 Monthly Quarterly 31-OCT-2018 (2E) WELL-30 (20E) Monthly withdrawal for WELL 30 Monthly Quarterly 31-OCT-201 8 (20E) WELL-31 (21 E) Monthly withdrawal for WELL 31 Monthly Quarterly 31-OCT-2018 (21 E) WELL-32 (22E) Monthly withdrawal for WELL 32 Monthly Quarterly 31-OCT-2018 (22E) WELL- 1 (11W) Monthly withdrawal for WELL I Monthly Quarterly 31-OCT-2018 (l W) WELL- 16 (6E) Monthly withdrawal for WELL 16 Monthly Quarterly 31-OCT-2018 Page 2 of 5 Exhibit No- 3 Page 187 of 203 Requirement iCondition Report Facility Name Requirement Name Col Freq Sub Freq Due Date (6E) WELL- 17 (7E) Monthly withdrawal for WELL 17 Monthly Quarterly 31-OCT-2018 (7E) WELL- 18 (SE) Monthly withdrawal for WELL 18 Monthly Quarterly 31-OCT-2018 (8E) WELL- 19(9E) Monthly withdrawal for WELL 19 Monthly Quarterly 31-OCT-2018 (9E) WELL- 21 (11 E) Monthly withdrawal for WELL 21 Monthly Quarterly 31-OCT-2018 (11 E) WELL-28(1 BE) Monthly withdrawal for WELL 28 Monthly Quarterly 31-OCT-2018 (1 BE) WELL-4(4W) Monthly withdrawal for WELL 4 Monthly Quarterly 31-OCT-2018 (4W) WELL-5(5W) Monthly withdrawal for WELL 5 Monthly Quarterly 31-OCT-2018 (5W) WELL-6(6W) Monthly withdrawal for WELL 6 Monthly Quarterly 31-OCT-2018 (6W) WELL-7(7W) Monthly withdrawal for WELL 7 Monthly Quarterly 31-OCT-2018 (7W) WELL-8(8W) Monthly withdrawal for WELL 8 Monthly Quarterly 31-OCT-2018 (8W) WELL-9 (9W) Monthly withdrawal for WELL 9 Monthly Quarterly 31-OCT-2018 (9W) WELL- 11 (11 W) Monthly withdrawal for WELL 11 Monthly Quarterly 31-OCT-2018 (11 W) WELL- 12 (12W) Monthly withdrawal for WELL 12 Monthly Quarterly 31-OCT-2018 (12W) WELL- 13(13W) Monthly withdrawal for WELL 13 Monthly Quarterly 31-OCT-2018 (13W) WELL- 10(10W) Monthly withdrawal for WELL 10 Monthly Quarterly 31-OCT-2018 (10W) WELL-ASR-1 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly Recharge for WELL Monthly Quarterly 31-OCT-2018 ASR-2 WELL- F-1 Monthly withdrawal for well F-1 Monthly Quarterly 31-OCT-2018 WELL- F-2 Monthly withdraw for well F-2 Monthly Quarterly 31-OCT-2018 WELL-F-3 Monthly withdrawal for well F-3 Monthly Quarterly 31-OCT-2018 WELL-ASR-1 Monthly Withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-1 WELL-ASR-2 Monthly withdrawal for WELL Monthly Quarterly 31-OCT-2018 ASR-2 Permit Condition No: 20 Permit Condition Code: WUPS003-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Unaccounted for Distribution Yearly Yearly 30-APR-2019 Losses for PERMIT Permit Condition No: 22 Permit Condition Code: WUPWS008-2 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Ten-Year Water Use Compliance EveryTen Years Every Ten Years 31-DEC-2019 Report for CITY OF BOYNTON Page 3 of 5 Exhibit Page 188 of 203 Requirement by Permit Condition Report Facility Name Requirement Name Col Freq Sub Freq Due Date BEACH PUBLIC WATER SUPP Permit Condition No: 26 Permit Condition Code: WURWFO07-1 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT Annual reclaimed water feasibility Yearly Yearly 30-APR-2019 report for PERMIT Pennit Condition NO: 27 Permit Condition Code. WUZZUD001-6 Facility Name Requirement Name Col Freq Sub Freq Due Date PERMIT FAS Wells, RO Plant Construction Yearly Yearly 30-APR-2019 Permit Condition NO: 28 Permit Condition Code: WUZZUD001-1 I Facility Name Requirement Name Col Freq Sub Freq Due Date WELL- BYSEA I Chloride for Well BYSEAl Monthly Quarterly 31-OCT-2018 WELL-BYHP5 Chloride for Well BYHP5 Monthly Quarterly 31-OCT-2018 WELL- BYHP1 Chloride for Well BYHP1 Monthly Quarterly 31-OCT-2018 WELL- BY DIVI-11 Chloride for Well BY DM-1 Monthly Quarterly 31-OCT-2018 WELL- BYMW2E Chloride for Well BYMW2E Monthly Quarterly 31-OCT-2018 WELL- BYHP2 Chloride for Well BYHP2 Monthly Quarterly 31-OCT-2018 WELL-BYHP4 Chloride for Well BYHP4 Monthly Quarterly 31-OCT-2018 WELL-BYSEA2 Chloride for Well BYSEA2 Monthly Quarterly 31-OCT-201 8 WELL- BYFP2S Chloride for Well BYFP2S Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Chloride for Well BYDM4 DM-4 Monthly Quarterly 31-OCT-2018 WELL-23 (13E) Chloride for Well 13E Monthly Quarterly 31-OCT-2018 WELL-29(1 9E) Chloride for Well 19E Monthly Quarterly 31-OCT-2018 WELL- 16(6E) Chloride for Well 6E Monthly Quarterly 31-OCT-2018 WELL-8 (8W) Chloride for Well 8W Monthly Quarterly 31-OCT-2018 WELL- 11 (11 ) Chloride for Well 11 W Monthly Quarterly 31-OCT-2018 WELL- I E Chloride for Well I E Monthly Quarterly 31-OCT-2018 WELL- 18 (BE) Chloride for Well BE Monthly Quarterly 31-OCT-2018 WELL-6 (6W) Chloride for Well 6W Monthly Quarterly 31-OCT-2018 WELL- 12(12W) Chloride for Well 12W Monthly Quarterly 31-OCT-2018 WELL-22 (12E) Chloride for Well 12E Monthly Quarterly 31-OCT-2018 REPLACEMENT WELL-25(15E) Chloride for Well 15E Monthly Quarterly 31-OCT-2018 WELL- 14(2E) Chloride for Well 2E Monthly Quarterly 31-OCT-2018 WELL- 21 (11 E) Chloride for Well 11 E Monthly Quarterly 31-OCT-2018 WELL- 10(11 OW) Chloride for Well 10W Monthly Quarterly 31-OCT-2018 WELL-32(22E) Chloride for Well 22E Monthly Quarterly 31-OCT-2018 WELL- 17(7E) Chloride for Well 7E Monthly Quarterly 31-OCT-2018 WELL- 1 (9E) Chloride for Well 9E Monthly Quarterly 31-OCT-2018 WELL-28 (18E) Chloride for Well I BE Monthly Quarterly 31-OCT-2018 WELL-9 (9W) Chloride for Well 9W Monthly Quarterly 31-OCT-201 8 WELL-20(1 OE) Chloride for Well 10 Monthly Quarterly 31-OCT-2018 WELL-24(14E) Chloride for Well 14E Monthly Quarterly 31-OCT-2018 WELL-26(16E) Chloride for Well 16E Monthly Quarterly 31-OCT-2018 WELL-30 (20E) Chloride for Well 20E Monthly Quarterly 31-OCT-2018 WELL-31 (21 E) Chloride for Well 21 E Monthly Quarterly 31-OCT-2018 WELL-1 (1W) Chloride for Well 1W Monthly Quarterly 31-OCT-2018 Page 4 of 5 Exhibit No- 3 Page 189 of 203 Requirement r i Condition e Facility Name Requirement Name Col Freq Sub Freq Due Date WELL-4(4W) Chloride for Well 4W Monthly Quarterly 31-OCT-2018 WELL-7(7W) Chloride for Well 7W Monthly Quarterly 31-OCT-2018 WELL-27(17E) Chloride for Well 17E Monthly Quarterly 31-OCT-2018 WELL-5(5W) Chloride for Well 5W Monthly Quarterly 31-OCT-2018 WELL- 13(13W) Chloride for Well 13W Monthly Quarterly 31-OCT-2018 WELL-BYMW1 E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW1 E WELL-BYFP1 N Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYFPIN WELL-BYSEA 1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA1 WELL-BYHP5 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP5 WELL-BYHP1 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP1 WELL-BY DM-1 Ground Water Level for Well BY Monthly Quarterly 31-OCT-2018 DM-1 WELL-BYMW3E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW3E WELL- BYMW2E Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYMW2E WELL- BYHP2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP2 WELL-BYHP6 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP6 WELL-BYHP4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP4 WELL-BYSEA 3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYSEA3 WELL-BYSEA 2 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 WELL-BYDM4 DM-4 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYDM4 DM-4 WELL-BYHP3 Ground Water Level for Well Monthly Quarterly 31-OCT-2018 BYHP3 WELL-BYFP2S Ground Water Level for Well Monthly Quarterly 31-OCT-2018 YFP2S Permit Condition No: 29 Permit Condition Code: WUWC006-1 Facility Name Requirement Name Cot Freq Sub Freq Due Date WELL- BY DM-2 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BY DM-2 WELL-BYDM3 DM-3 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM3 DM-3 WELL-BYDM5 DM-5 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYDM5 DM-5 WELL-BYSMI SM-1 Summary of Abandoned Wells for One time Only One time Only 01-DEC-2018 Well BYSM1 SM-1 Page 5 of 5 Exhibit No: 3 Page 190 of 203 APPENDIX INTERLOCAL COUNTY AND CITY SmithB-1 ©CDM Smith 2020 361790-241252.03.12 Page 191 of 203 Page 192 of 203 1 RESOLUTION NO. R13-087 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER AND CITY CLERK TO EXECUTE A SECOND 6 AMENDMENT TO THE INTERLOCAL AGREEMENT 7 BETWEEN PALM BEACH COUNTY AND THE CITY OF 8 BOYNTON BEACH FOR THE PURCHASE AND SALE OF 9 BULK POTABLE WATER; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission approved an Agreement dated December 21, 13 2004, for the purchase and sale of bulk potable water; and 14 WHEREAS, the City of Boynton Beach and Palm Beach County amended that 15 Agreement in 2007 and is due to expire on December 31, 2013; and 16 WHEREAS, this second amendment will allow the City to maintain a permanent 17 capacity of 1 million gallons per day (MGD) of the County's potable water system; and 18 WHEREAS, the City Commission of the City of Boynton Beach, upon 19 recommendation of staff, deems it to be in the best interests of the residents and citizens of 20 the City of Boynton Beach to approve the Second Amendment to the Interlocal Agreement 21 between the City of Boynton Beach and Palm Beach County for the Purchase and Sale of 22 Bulk Potable Water. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves and authorizes the City Manager and City Clerk to execute the Second Amendment 29 to the Interlocal Agreement between Palm Beach County and City of Boynton Beach for the \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso__ILA_PBC=2nd_Amendment_Bulk_Potable_water_(2013)doc Page 193 of 203 11 1 Purchase and Sale of Bulk Potable Water, which Second Amendment is attached hereto as 2 Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately upon 4 passage. 5 PASSED AND ADOPTED this 20th day of August, 2013. 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 ✓ . 10 M - Jerry Tdyior 11 12 13 tcetao! ow L. Hay 14 1516 Commssioiner favid T. Merker 17 18 19 Com ssioner— icha itzpatrick 20 21 22 Com ssioner—Joe Casello 23 ATTEST: 24 25 26 27 Ptyy . Prainito, MMC 28 erk 29 „ - 30 I j 31 0 date Seal) \�y 32 33 �® 34 35 \\apps3 city cbb\auto\Data\183\Items\175\2537\3342\Reso_=ILA_PBC=2nd_Amendment_Bulk_Potable_Water—(201 3)doc Page 194 of 203 R13-087 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE PURCHASE AND SALE OF BULK POTABLE WATER THIS SECOND AMENDMENT mal ZfenT11ered mtS tV 8 daegf 2 2 2013 ,2013,by and between PALM BEACH COUNTY, a political subdivision of the State of Florida (hereinafter "County"),and the CITY OF BOYNTON BEACH,FLORIDA,a municipality organized under the laws of the State of Florida(hereinafter"City"). WITNESSETH WHEREAS, Section 163.01, Florida Statutes,known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities;and. WHEREAS, the parties entered into an Interlocal Agreement for the Purchase and Sale of Bulk Potable Water on 12121104(the"Agreement");and WHEREAS,the parties amended the Agreement on October 2,2007(the"First Amendment");and WHEREAS, in accordance with the First Amendment,the City paid to the County$2,910,000.00 for the reservation of permanent Potable Water capacity;and WHEREAS, the Interlocal Agreement, as amended by the First Amendment, will expire on December 31,2013;and WHEREAS, the parties desire to amend the Interlocal Agreement in order to: continue the provision of bulk Potable Water by the County to the City subsequent to December 31,2013;apportion the costs of construction of a new point of connection between the parties;and provide for emergency potable water service between the parties. NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed,County and City hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. The provisions of this Second Amendment shall become effective on January 1,2014. 3. Section 2 of the Agreement is hereby modified to reflect a new termination date of December 31,2043. 4. Section 4 of the Agreement is hereby amended to add the following definition: "Points of Connection" - the locations where the County's Potable Water System is connected with the City's Potable Water System,as shown in Revised Exhibit"A",which is attached hereto and incorporated herein. At each Point of Connection,the County's and the City's Potable Water Systems shall include the vault, meters, and related appurtenances located on each party's respective side of the Point of Connection, with said water meters being utilized for the measurement and payment of bulk Potable Water obtained by the City and the measurement and payment of Potable Water provided on an emergency basis between the parties. For the Existing Point of Connection located approximately at the _::tergtCti�.,of Fla.��;.-Dirt Road 3n`1 that\jJT)Il F_3 Canal the p��int cif�{PlinPatinn hetiA D the County's Potable Water System and the City's Potable Water System shall be the mid- point between the check valve and 8 inch meter located inside the vault, as shown on as- built No. 2527, Project No. WUD 95-201, which is kept in the County's records. For the Existing Point of Connection located approximately at the intersection of Boynton Beach Boulevard and the LWDD E-3 canal,the point of delineation between the County's Potable Water System and the City's Potable Water System shall be the mid-point between the check valve and 8 inch meter located inside the vault,as shown on plans dated August 2002 and titled " PBCWUD Water Main Interconnect at West Water Treatment Plant" which is kept in the City's records. For the New Point of Connection, the point of delineation between the County's Potable Water System and the City's Potable Water System shall be as identified in the drawings prepared by Kimley-Ilorn for Project No.WUD 12-548,which are kept in the County records. 1 Page 195 of 203 5. Section 7 of the Agreement hereby deleted in its entirety and replaced with the following: 7. Capacity Reservation. City has pard the Capacity Fee for 1 MGD of permanent capacity in the County's Potable Water System. County shall provide up to I MGD of Potable Water to the City for the term of this Agreement, at the Commodity Rate set forth in Section 8 below. There is no required minimum take-or-pay for this Agreement, nor is the County under any obligation to provide Potable Water over the I MGD permanent capacity reservation. Beginning on January 1,2015,and for each calendar year thereafter,the County shall calculate the amount of bulk Potable Water delivered to the City for the prior calendar year, and a 25% surcharge shall be added to the Commodity Fee for usage exceeding 105% of the Reserved Capacity in any fiscal year. The provisions of this surcharge shall not be applied to the emergency provision of Potable Water in accordance with Section 13 below. The City may, at any time during this Agreement, reserve additional permanent capacity by paying the Capacity Fee in effect at that time. 6. Section 8 of the Agreement is hereby deleted in its entirety and replaced with the following: 8. Commodity Fee. The initial Commodity Fee as of January 1,2014,shall be$1.42 per thousand gallons. Beginning on January 1,2015,and for each calendar year thereafter,the Commodity Fee shall be adjusted upward by an amount equal to prior year's (measured October to October) Consumer Price Index, all Urban Consumers, Water and Sewerage Maintenance, published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI")or some other mutually agreed-upon index if the CPI is discontinued,but in no case shall the escalation exceed three percent(3%)annually. 7. Section 13 of the Agreement is hereby deleted in its entirety and replaced by the following: 13.1 Emergency Potable Water Interconnects. In addition to the provision of bulk Potable Water, as set forth in Sections 7 and 8 herein, the Points of Connection may be utilized for the provision of emergency Potable Water between the parties in accordance with the terms of this Section 13. The use of the Points of Connection for emergency purposes shall be utilized only in the case of an emergency and shall not be a substitute for the sale of bulk Potable Water. 13.2 Costs of New Point of Connection. The costs of design and construction of the New Point of Connection, which is depicted on Revised Exhibit A, shall be equally shared between the County and the City. The construction shall include the extension of the County's and the City's pipelines to the New Point of Connection, and the meters, vaults, and other necessary appurtenances for the connection between the County's Potable Water System and the City's Potable Water System. Each party shall own their respective facilities up to the New Point of Connection and shall be responsible for operation, maintenance,repair and replacement as necessary. 13.3 The Director of Palm Beach County Water Utilities Department is authorized to act on behalf-of the County and the Utilities Director of the City of Boynton Beach e —is authorized to act on behalf of the City. In case of an emergency, the requesting party's representative shall provide written or verbal notice to the supplying party's representative setting forth the emergency and the estimated flowage and time of use. If said communication is made verbally, same shall be immediately followed by a written communication. Notwithstanding the provisions of Section 13.3.6, turning off the valves shall be handled by the same procedure. No supply of Potable Water shall be provided except in the case of an emergency and upon the following terms and conditions to be dete.-pined by the s,l plyu,g _--Y- 13.3.1 There must be a sufficient surplus of Potable Water available to meet all the anticipated needs of the supplying party. 13.3.2 The supplying party may reasonably limit the amount of Potable Water to be supplied. 13.3.3 The supplying party determines that the provision of Potable Water to the receiving party will not impose a danger to the health, safety or welfare of its citizens. 13.3.4 The supplying party may reasonably limit the hours or days of supply. 2 Page 196 of 203 13.3.5 The supplying party may require the receiving party to impose use restrictions on its customers prescribed by the supplying party. 13.3.6 With prior written notice to the receiving party the supplying party may place a reasonable termination date for the emergency supply period. 13.4 Charges for metered Potable Water use through the Points of Connection shall be at the prevailing commodity rate in effect for non-residential customers at the time of furnishing Potable Water,with no capacity or fixed charges. Either rate is subject to change based on legal authority of the appropriate governing body. When Potable Water is utilized, the meter or meters shall be read concurrently by the County and City on approximately the first of each month. Payment by the user to the supplier for Potable Water shall be in accordance with Section 15 herein. 13.5 County and City expressly acknowledge the right of either party to refuse to provide emergency Potable Water service,if the party refusing determines that the provision of such service would not be in its best interest or would constitute a danger to the health, safety, welfare of its citizens. In the event of such a refusal, the requesting party agrees to waive any and all claims of loss or damage against the refusing party. 8. All other provisions of the Agreement are hereby confirmed and shall remain in fiill force and effect. (THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 3 Page 197 of 203 IN WITNESS WHEREOF,County and City have executed or have caused this Second Amendment to be duly executed in several counterparts,each of which counterpart shall be considered an original executed copy of this Second Amendment. n 2 O 1 3 1438 ATTEST: XT 12 2M Sharon R.Bock,Clerk and Comptroller PALM BEACH COUNTY, BY ITS BOARD OF COUNTY CORS By. Cp ,,r4 BY O tov Clerk • t �'+r Steven L.Abrams,May 0i COUNTY Cn �LOA10P 'd) (SEAL) 2 Iae .� APPROVED AS TO FORM AN�'�O APPROVED AS TO TERMS AND LEGA FICIEN Y. CONDITI/O'NS By: By:_/ unty me Direcfbr of Vatei,fftilities ATTEST: CITY OF BOYNTON BEACH,FLORIDA By: ___� By: (Clerit ` m APPROVED AS Ty FORM AND T LEGAL SUA IC .NC By: $ ., City ttorney W MCD C:) e c W 'Iy 4 Page 198 of 203 i C J G. N F C (r v , / w cre 1 i r ' � r o C � s o 4 O G i a 111 � F _ ___---_ _-_- - - --- _ ----- - `*T lai W. •�'vi ..w � S i .4� c J r ry �� ` At Page 199 of 203 Y *F ROYN f 0H IEAGN a ITY CLEF....,. TC Water Utilities Department Contract Management P o Box 16097 October 29, 2013 West Palm Beach,FI 33416-6097 (561)493-6000 Fax (561)493-6060 The City of Boynton Beach City Clerk's Office www pbcwater com Attention: Janet M. Prainito, MMC 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 RE: Second Amendment to the ILA between Palm Beach Palm Beach County County and the City of Boynton Beach for the purchase Board of County Commissioners and sale of Bulk Potable Water Steven L Abrams,Mayor Priscilla A Taylor,Vice Mayor Dear Ms. Prainito: Hat R Valeche Attached for your files is one fully executed original of the Paulette Burdick Second Amendment for the purchase and sale of Bulk Potable Shelley Vana Water approved by the Board of County Commissioners on Mary Lou Berger October 22, 2013. Jess R Santamana If you have any questions, you may contact me. Sincerely, V�Za4a4a.>01 ,4� County Administrator Sandra L. Smith Robert Weisman Contract Management Specialist Attachment "An Equal Opportunity Affirmative 9ction Employer" Page 200 of 203 APPENDIX Smith10-YEAR CAPITAL IMPROVEMENT PROGRAM C-1 ©CDM Smith 2020 361790-241252.03.12 Page 201 of 203 Page 202 of 203 ii�iii iitiitttit�ti iii